Nominations

[Guest RAS]

What is the proper way to start nominations in a meeting? Our nominating committee has not been successful in finding a Pres or VP for the new year. The residing officers have served their term per bylaws.  We also have committee chairs that we need to replace as well.

How should these be handled in the business meeting to put to the members for nominations?  If the nominate someone - and that individual does not want to accept, how should that be handled.

Per the bylaws the duty of the committee shall be to nominate a slate of officers presented to the membership. Also, there can be additional nominations at the meeting.

Thank you

[Gary Novosielski]

From RONR 12th ed.:

46:3
Methods of nomination are:

(a) by the chair;

(b) from the floor (sometimes called “open nominations”);

(c) by a committee;

(d) by ballot;

(e) by mail; and

(f) by petition.

If no method of nominating has been specified in the bylaws and if the assembly has adopted no rule on the subject, any member can make a motion prescribing the method (31).

It seems like there is already a provision in your bylaws (as there is in RONR) that once the nominating committee reports, the chair must call for additional nominations from the floor, which would be method (b) above.  This is outlined in 46:6, but the short version is:

Chair: Are there (further) nominations for the office of <office>?

Member: (without waiting to be recognized) I nominate Ms. T.

Chair: Ms. T is nominated, are there further.... [etc.]

...until there are no further nominations offered.

There is no method by which a nominee can "decline" a nomination.  If elected they can then decline taking office.   While a nominee may "withdraw" their name between multiple rounds of balloting if any, they remain eligible for election, and any votes for them, as via a write-in, must be credited to them.

 

 

 

 

[Richard Brown]

On 11/9/2023 at 9:36 AM, Gary Novosielski said:

There is no method by which a nominee can "decline" a nomination.  If elected they can then decline taking office.   While a nominee may "withdraw" their name between multiple rounds of balloting if any, they remain eligible for election, and any votes for them, as via a write-in, must be credited to them.

I'm not sure that is entirely correct and RONR is not as clear on the subject as it should be.  Section 46:17 (RONR 12th ed.) does provide that " . . . if one of the nominees withdraws before the election, the committee is revived and should meet immediately to agree upon another nomination if there is time".  That clearly suggests that a "nominee" may withdraw his name from nomination.  It also strongly suggests that the re-convening of the committee to make another selection is something that would happen prior to the election, not in the middle of it.  So, if a nominee can withdraw prior to the election, why can he not decline the nomination at the time it is made?

Regardless, even if we assume that a nominee cannot "decline" a nomination, it is probably a nearly universal custom that if a person who has been nominated states that he "declines" the nomination, as a practical matter he is considered not to be a candidate and his name is not placed on the ballot if it has not already been printed.

I do agree that someone who has either "declined" a nomination or asked to have his name withdrawn still remains eligible for election and may be elected by virtue of write-in ballots. If that happens, and the person elected still does not want to serve, he must immediately decline to serve if he is present when elected.  If he is not present, he must decline the position as soon as he is informed that he has been elected.  RONR 46:46 (12th ed.).

[Gary Novosielski]

On 11/9/2023 at 12:02 PM, Richard Brown said:

I'm not sure that is entirely correct and RONR is not as clear on the subject as it should be.  Section 46:17 (RONR 12th ed.) does provide that " . . . if one of the nominees withdraws before the election, the committee is revived and should meet immediately to agree upon another nomination if there is time".  That clearly suggests that a "nominee" may withdraw his name from nomination.  It also strongly suggests that the re-convening of the committee to make another selection is something that would happen prior to the election, not in the middle of it.  So, if a nominee can withdraw prior to the election, why can he not decline the nomination at the time it is made?

Regardless, even if we assume that a nominee cannot "decline" a nomination, it is probably a nearly universal custom that if a person who has been nominated states that he "declines" the nomination, as a practical matter he is considered not to be a candidate and his name is not placed on the ballot if it has not already been printed.

I do agree that someone who has either "declined" a nomination or asked to have his name withdrawn still remains eligible for election and may be elected by virtue of write-in ballots. If that happens, and the person elected still does not want to serve, he must immediately decline to serve if he is present when elected.  If he is not present, he must decline the position as soon as he is informed that he has been elected.  RONR 46:46 (12th ed.).

I don't actually disagree with any of that.  But...

In the first instance, the withdrawal from consideration by a nominating committee occurs before a person is formally nominated, so while I agree with the statement, I don't think it qualifies as declining an actual nomination.

And I agree that the custom (not a rule) to drop someone from the ballot who has expressed a desire to withdraw is nearly universal, but I don't think RONR is as clear as it could be about when names are or are not printed on a ballot.  We are told that a person can withdraw before a subsequent ballot is held, or that last-place candidates can be removed by the assembly from the ballot (but not disqualified), yet we're not clearly advised on who (or how one) gets onto the ballot, or how floor-nominated (or dropped) candidates get themselves onto (or off) a  printed ballot in the days before portable printing presses were available.

It's certainly true that listing a person on the ballot who it is known will refuse to serve seems pointless, but not every item of common sense directly corresponds with a rule on a one-for-one basis.

Edited November 9, 2023 at 05:26 PM by Gary Novosielski
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