President resigned

[Guest Jim]

Can a president that resigned run again in the replacement election or does he have to wait  until his term is up.He has 15 months left on his term. There was a members vote to not let him retain his position when  he wanted  to change  his mind after resigning. 

 

[Joshua Katz]

Well, such a vote is not proper, but let's leave that aside. I see no reason he can't run in the replacement election, unless your rules say something on the point. RONR doesn't. It is an odd thing, and voters should consider his actions in deciding how to vote. 

[Richard Brown]

On 11/9/2023 at 1:16 PM, Guest Jim said:

There was a members vote to not let him retain his position when  he wanted  to change  his mind after resigning. 

Can you elaborate on what you mean by the statement above?   What exactly was the motion, what was the vote, etc?   btw, how long ago did he "resign"?  Was his resignation ever accepted? 

I agree with Mr. Katz that no rule in RONR prohibits him from running in the election to fill the vacancy.

[Weldon Merritt]

On 11/9/2023 at 12:57 PM, Richard Brown said:

nI agree with Mr. Katz that no rule in RONR prohibits him from running in the election to fill the vacancy.

So do I, except that if the rules in RONR apply, the vacancy he would be ruining for would be in the office of voce president. Once he resigned and the reignition was accepted, the erstwhile VP instantly and automatically became the president. So VP is the office that  now needs to be filled.

[Richard Brown]

On 11/9/2023 at 2:15 PM, Weldon Merritt said:

So do I, except that if the rules in RONR apply, the vacancy he would be ruining for would be in the office of voce president. Once he resigned and the reignition was accepted, the erstwhile VP instantly and automatically became the president. So VP is the office that  now needs to be filled.

You are absolutely correct. I agree, provided the rules in RONR do apply, and that this organization does not have a contrary provision in its bylaws about a vacancy in the office of the present.

 

[Gary Novosielski]

On 11/9/2023 at 2:16 PM, Guest Jim said:

Can a president that resigned run again in the replacement election or does he have to wait  until his term is up.He has 15 months left on his term. There was a members vote to not let him retain his position when  he wanted  to change  his mind after resigning. 

If the resignation was not formally accepted, the president would have the right to withdraw the resignation and there would be no replacement election at all.  Once accepted, however, the resignation is final and can no longer be withdrawn.

But even then, the ex-president would have the right to seek reëlection. Although he might have trouble getting people to vote for him.  These are not matters of opinion on which the membership might vote. They are questions of fact.  The resignation was either accepted or it was not.  And if it was, it is likely that having once met the qualifications to be present those requirements have not changed. 

So I don't see where the members had any business holding a vote on either question.  Even if the vote was unanimous, they have no right to abridge the fundamental rights of any member except through a proper disciplinary action with full due process.  If they don't want him reëlected, fine--don't vote for him.  But they can't deny other people's rights to vote for him if they so choose.