Election/Candidates run unopposed

[Quietstorm]

Our bylaws outline the process for our organizations elections. During the recent election, due to the fact everyone ran unopposed, "someone(s)" decided to call off the election. I tried telling members of our Board that noone can just independently call off the election especially where the results were not, at least, declared by acclamation. I also mentioned that they have left themselves open somone to contest the election. Is there a way that, for example, prior to any of the officers being sworn in, a writtem motion can be brought before our next general membership meeting and before the swearing in of officers at that meeting, in order "to temporarily suspend the Article and Sections governing elections "for this election ONLY"? I was also going to suggest, if the motion passes (I'm sure that it will) that at least one ballot reflect that the candidates received at least one vote and that the ballot be kept as part of the organizations records along with the minutes from the meeting. Not sure if I'm on the right path or not. Thanks in advance.

[Joshua Katz]

My advice is not to compromise with error. Calling off an election is a euphemism for denying every member the right to vote and allowing specified people to take office without democratic accountability. Your bylaws say to hold an election, so you should hold one, not look for a rubber stamp to place on the denial of the right to vote. 

In any case, the motion you suggest is out of order. As would be any motion to deny rights recognized by the bylaws in this way.

I don't know who the "someone" is who decided to cancel your election, but they should simply be ignored.

[Gary Novosielski]

On 10/21/2023 at 2:06 PM, Quietstorm said:

Our bylaws outline the process for our organizations elections. During the recent election, due to the fact everyone ran unopposed, "someone(s)" decided to call off the election. I tried telling members of our Board that noone can just independently call off the election especially where the results were not, at least, declared by acclamation. I also mentioned that they have left themselves open somone to contest the election. Is there a way that, for example, prior to any of the officers being sworn in, a writtem motion can be brought before our next general membership meeting and before the swearing in of officers at that meeting, in order "to temporarily suspend the Article and Sections governing elections "for this election ONLY"? I was also going to suggest, if the motion passes (I'm sure that it will) that at least one ballot reflect that the candidates received at least one vote and that the ballot be kept as part of the organizations records along with the minutes from the meeting. Not sure if I'm on the right path or not. Thanks in advance.

No, you can't suspend rules that require an election.  And you can't "call off" an election either.  At this point you have nobody to swear in, so you may as well call off that ceremony too.  

What you need to do is look in your bylaws.  See if the bylaws say that election of officers will be by ballot.  If so, see if they provide an exception for unopposed offices.  If they require a ballot vote without exception then you have no choice but to hold a ballot vote, with spaces for write-ins, unless your bylaws prohibit those.  

If your bylaws do not require a ballot vote, or if they contain an exception for unopposed offices, you still need to "hold" the election.  During a meeting, the chair must announce the names of candidates who were nominated, call for possible additional nominations, and if none are offered, declare that those persons are "elected by acclamation" and that fact must be recorded in the minutes.  That's your only proof that there was an election.

You are right that failing to do one of the above opens the door to have the election challenged, and worse.  If you cannot establish that you have held an election, then on what authority do your bogus officers do anything?--like spend money, for instance.  This creates a continuing breach" which lasts indefinitely until a proper election is held, and although I am not a lawyer, my fertile imagination can conjure up any number of situations that you would not look forward to.

The member who claimed the election can be called off should be forced to write "I will not open my big mouth." 100 times.

[Quietstorm]

Thank you for the advice. I did check the bylaws and the elections are by ballot and there is noithing in the bylaws that adresses an uncontested/unopposed election issue. Thanks again

[Josh Martin]

On 10/21/2023 at 1:06 PM, Quietstorm said:

Is there a way that, for example, prior to any of the officers being sworn in, a writtem motion can be brought before our next general membership meeting and before the swearing in of officers at that meeting, in order "to temporarily suspend the Article and Sections governing elections "for this election ONLY"?

No.

On 10/21/2023 at 4:55 PM, Quietstorm said:

Thank you for the advice. I did check the bylaws and the elections are by ballot and there is noithing in the bylaws that adresses an uncontested/unopposed election issue. Thanks again

On 10/21/2023 at 1:06 PM, Quietstorm said:

I was also going to suggest, if the motion passes (I'm sure that it will) that at least one ballot reflect that the candidates received at least one vote and that the ballot be kept as part of the organizations records along with the minutes from the meeting. Not sure if I'm on the right path or not. Thanks in advance.

No, the proper procedure is to hold an actual ballot vote, as required by your bylaws. There is no "workaround."

"When the bylaws require a vote to be taken by ballot, this requirement cannot be suspended—even by a unanimous vote—so as to take the vote by a nonsecret method." RONR (12th ed.) 45:20

"Whenever a vote is to be taken by ballot, it is not in order to move that one person—the secretary, for example—cast the ballot of the assembly." RONR (12th ed.) 45:22

"If the bylaws require the election of officers to be by ballot and there is only one nominee for an office, the ballot must nevertheless be taken for that office unless the bylaws provide for an exception in such a case. In the absence of the latter provision, members still have the right, on the ballot, to cast “write-in votes” for other eligible persons." RONR (12th ed.) 46:35

If the organization wishes to provide an alternative procedure in the event there is only one nominee for an office, the organization will have to amend the bylaws.

[Rob Elsman]

Were the election held, it might so happen that a "dark horse" might emerge and end up winning. So, no, it is improper to "call off" an election by ballot, as required in the bylaws. Pretty clever, but no cigar.