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Candidate wins two positions in same election, one on the ballot, and the other as a write in, can they choose which to hold?


KG Jr

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If a candidate is on the ballot in an election for a position (position A), and during the election they win that position, but also win another position (position B ) they were written in for, are they allowed to choose which position they wish to hold? Assume one position is higher than the other (President & Vice President for example)

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On 1/5/2024 at 12:26 PM, KG Jr said:

If a candidate is on the ballot in an election for a position (position A), and during the election they win that position, but also win another position (position B ) they were written in for, are they allowed to choose which position they wish to hold?

Yes.

"When voting for multiple offices by a single ballot, the members are not able to take the result for one office into account when voting for another office. For this reason, a candidate is never deemed elected to more than one office by a single ballot unless the motion or rules governing the election specifically provide for such simultaneous election. When there is no such provision, a candidate who receives a majority for more than one office on a single ballot must, if present, choose which one of the offices he will accept; if he is absent, the assembly decides by a ballot vote the office to be assigned to him. This question, which is debatable, requires a majority vote for adoption. The assembly then ballots again to fill the other office(s). (The assembly is free, however, to elect the same person to another office on a subsequent ballot, unless the bylaws prohibit a person from holding both offices simultaneously.)" RONR (12th ed.) 46:31

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On 1/5/2024 at 1:32 PM, Josh Martin said:

Yes.

"When voting for multiple offices by a single ballot, the members are not able to take the result for one office into account when voting for another office. For this reason, a candidate is never deemed elected to more than one office by a single ballot unless the motion or rules governing the election specifically provide for such simultaneous election. When there is no such provision, a candidate who receives a majority for more than one office on a single ballot must, if present, choose which one of the offices he will accept; if he is absent, the assembly decides by a ballot vote the office to be assigned to him. This question, which is debatable, requires a majority vote for adoption. The assembly then ballots again to fill the other office(s). (The assembly is free, however, to elect the same person to another office on a subsequent ballot, unless the bylaws prohibit a person from holding both offices simultaneously.)" RONR (12th ed.) 46:31

Thank you, one followup - if the bylaws allow the President to fill a vacancy by appointment, can they do so without requiring the second balloting to fill the unfilled office?

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On 1/5/2024 at 12:36 PM, KG Jr said:

Thank you, one followup - if the bylaws allow the President to fill a vacancy by appointment, can they do so without requiring the second balloting to fill the unfilled office?

Absolutely not. There is no "vacancy." It's just the assembly's regular elections.

If for some reason the assembly fails to complete the election at that time, that may (or may not) cause a vacancy. In the event that it does, the vacancy-filling procedures could be used, but even then, that appointment would only be temporary, until the election can be completed.

"If, for any reason, the assembly does not complete an election at the time for which it was scheduled, it should do so as soon as possible and may do so at any time until the expiration of the term the election is to fill. In the meantime, if the term of office extends until a successor is elected (see 56:28–30) failure to complete an election leaves the incumbent, if any, in office. Otherwise, a vacancy in office arises (see 47:57–58 for procedures for filling vacancies). Once the election is completed, however, the person elected replaces anyone who filled the vacancy. Failure to hold or to complete an election at the scheduled time does not deprive the membership of its right to elect an officer of its choice." RONR (12th ed.) 46:46

Edited by Josh Martin
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