Disqualifications

[Ramona]

Good Morning All,

Im not sure how much background information would aid in getting useful responses to my inquiries but I'll do my best with this:

Our group is governed by a national alumni association with several sub chapters and affiliate chapters. The bylaws we are currently supposed to be using are under question because the members did not vote on them but the previous bylaws do not speak on how this should be addressed. The board voted on and passed the current bylaws which are being used to govern the association at this time. Yes, this is being looked at as well because it's very messy. The questions are 1-can a candidate be disqualified for posting of an official slate of candidates in his campaign flyer (via social media) when the elections committee failed to have the entire slate properly posted or failed to ask the party posting the incomplete slate to remove it or update it to include everyone running. 2-disqualification of a candidate based on the facts that they were asked to remove the posting or let it be known that slate used for his campaign included candidates that did not allow him to use their photos or other information ( he only added the missing candidates to a flyer he made and posted it as all candidates running).... I know it's a lot to this but here's the basics. And no there are no official campaign rules, the bylaws do not address this issue and the criteria covering the process is vague and has lots of holes. Hope this is enough to get some feedback. Thanks 

[Josh Martin]

On 12/31/2023 at 9:16 AM, Ramona said:

The bylaws we are currently supposed to be using are under question because the members did not vote on them but the previous bylaws do not speak on how this should be addressed.

Please quote exactly what the bylaws say concerning their amendment. Or if that's changed, then please quote exactly what the "previous" bylaws say concerning their amendment. I put "previous" in quotes because, depending upon additional facts, it may well be the "previous" bylaws are, in fact, the current bylaws.

As to how this would be addressed, a member would raise a Point of Order concerning this matter at a meeting, followed by an Appeal, if necessary.

On 12/31/2023 at 9:16 AM, Ramona said:

The questions are 1-can a candidate be disqualified for posting of an official slate of candidates in his campaign flyer (via social media) when the elections committee failed to have the entire slate properly posted or failed to ask the party posting the incomplete slate to remove it or update it to include everyone running.

Nothing in RONR provides that a candidate can be "disqualified" for this reason.

What, if anything, do your bylaws say concerning this matter?

On 12/31/2023 at 9:16 AM, Ramona said:

2-disqualification of a candidate based on the facts that they were asked to remove the posting or let it be known that slate used for his campaign included candidates that did not allow him to use their photos or other information ( he only added the missing candidates to a flyer he made and posted it as all candidates running)

Nothing in RONR provides that a candidate can be "disqualified" for this reason.

What, if anything, do your bylaws say concerning this matter?

[Joshua Katz]

On 12/31/2023 at 10:16 AM, Ramona said:

The bylaws we are currently supposed to be using are under question because the members did not vote on them but the previous bylaws do not speak on how this should be addressed. The board voted on and passed the current bylaws which are being used to govern the association at this time. Yes, this is being looked at as well because it's very messy.

I don't know how messy it is, as a rules matter. Politically may be something different. But the rules answer seems clear that, assuming these things are all true, the bylaws were never adopted and the "old" bylaws remain in force. 

On 12/31/2023 at 10:16 AM, Ramona said:

The questions are 1-can a candidate be disqualified for posting of an official slate of candidates in his campaign flyer (via social media) when the elections committee failed to have the entire slate properly posted or failed to ask the party posting the incomplete slate to remove it or update it to include everyone running.

Not if the rules in RONR apply. Your rules, though, apparently establish a number of procedures not in RONR, so you'll need to consult those.

On 12/31/2023 at 10:16 AM, Ramona said:

2-disqualification of a candidate based on the facts that they were asked to remove the posting or let it be known that slate used for his campaign included candidates that did not allow him to use their photos or other information ( he only added the missing candidates to a flyer he made and posted it as all candidates running)....

This doesn't look like a second question. Am I wrong?

On 12/31/2023 at 10:16 AM, Ramona said:

And no there are no official campaign rules, the bylaws do not address this issue and the criteria covering the process is vague and has lots of holes. Hope this is enough to get some feedback. Thanks 

As I said above, none of this is disqualifying per RONR. If your rules are silent as well, then I see no grounds to disqualify a candidate.

[Caryn Ann Harlos]

I have all the same questions as Mr. Martin and Mr. Katz.