Un-un-accept a nomination

[Father Cadan]

We have a mandatory two week space of time between nominations and elections. Nominations are not allowed at the election meeting. After accepting nomination a member emailed the nominating committee and the secretary withdrawing from the election. 

According to our bylaws when someone is nominated at the nomination meeting and is then unable to serve for whatever reason (I assume this includes no longer desiring to serve) the nomination committee may then fill the position on the ballot.

A week after withdrawing, the member wishes to withdraw their withdrawal. 

If this were a resignation I would understand that the resignation hasn't been accepted so the resignation could be withdrawn. If this were a normal nomination immediately followed by election we could reopen nominations. 

Do withdrawn nominations need to be accepted? Does the Nomination committee having filled the spot change things? 

Most importantly what do we put on our mandatory secret ballot?

 

Thank you in advance for all the advice I've received on this forum.

 

Edited April 9, 2024 at 10:09 PM by Father Cadan

[Gary Novosielski]

I sounds like you now have two people running for that office. 

No problem, just hold an election.

I'm curious why you can't have additional nominations at the election meeting.   RONR says you should.

Edited April 9, 2024 at 11:29 PM by Gary Novosielski

[Father Cadan]

On 4/9/2024 at 4:26 PM, Gary Novosielski said:

 

I'm curious why you can't have additional nominations at the election meeting.   RONR says you should.

They want only those nominated at the nomination meeting to qualify at the election meeting. I guess this gives nominees two weeks to campaign and no surprise contenders...?

[Richard Brown]

On 4/9/2024 at 5:07 PM, Father Cadan said:

Nominations are not allowed at the election meeting.

Is that provision in your bylaws? Or is it just a custom?

[Father Cadan]

On 4/9/2024 at 6:04 PM, Richard Brown said:

s that provision in your bylaws? Or is it just a custom?

Bylaws:

 

Section 3. ELIGIBILITY FOR OFFICE. No person shall

be eligible to hold office in this club unless he/she is an

active member in good standing.

Section 4. NOMINATION MEETING. A nomination meet-

ing shall be held in March of each year or as determined

by the board of directors, with the date and place of

such meeting to be determined by the board of directors.

Notice of the meeting shall be published by regular post

or electronic means or by personal delivery to each

member of this club at least fourteen (14) calendar days

prior to the date of the meeting

Section 5. NOMINATING COMMITTEE. The president

shall appoint a nominating committee which shall submit

the names of candidates for the various club offices to

the club at the nomination meeting. At this meeting,

nominations for all offices to be filled in the succeeding

year may also be made from the floor.

Section 6. ELECTION COMMITTEE. An election meeting

shall be held in April or as determined by the board of

directors, at a time and place determined by the board of

directors. Notice of the election meeting shall be pub-

lished by regular post or electronic means or by personal

delivery to each member of the club at least fourteen (14)

calendar days prior the date of the meeting. Such notice

shall include the names of all nominees approved at the

preceding nomination meeting, and, subject to Section 3

above, a statement that these nominees will be voted

upon at this election meeting. No nominations may be

made from the floor at the election meeting.

 

Section 7. BALLOT. The election shall be conducted by

a secret written ballot by those present and qualified to

vote.

Section 9. NOMINEE UNABLE TO SERVE. If in the

interim between the nomination meeting and the election

meeting any nominee is unable for any reason to serve in

the office to which he/she was nominated and for which

office there was no other nominee, the nominating com-

mittee shall submit, at the election meeting, names of

additional nominees for that office.

[Dan Honemann]

On 4/9/2024 at 6:07 PM, Father Cadan said:

We have a mandatory two week space of time between nominations and elections. Nominations are not allowed at the election meeting. After accepting nomination a member emailed the nominating committee and the secretary withdrawing from the election. 

According to our bylaws when someone is nominated at the nomination meeting and is then unable to serve for whatever reason (I assume this includes no longer desiring to serve) the nomination committee may then fill the position on the ballot.

A week after withdrawing, the member wishes to withdraw their withdrawal. 

If this were a resignation I would understand that the resignation hasn't been accepted so the resignation could be withdrawn. If this were a normal nomination immediately followed by election we could reopen nominations. 

Do withdrawn nominations need to be accepted? Does the Nomination committee having filled the spot change things? 

Most importantly what do we put on our mandatory secret ballot?

 

Thank you in advance for all the advice I've received on this forum.

 

Well, it appears that the notice of the election meeting is to include the reluctant nominee's name no matter what.

"Such notice shall include the names of all nominees approved at the preceding nomination meeting, and, subject to Section 3 above, a statement that these nominees will be voted upon at this election meeting."

If it were up to me, I would not consider the reluctant nominee to be "unable for any reason to serve in the office to which he/she was nominated", and so I think his or her name should appear on the ballot. I also think that your nominating committee is under no obligation to "submit, at the election meeting, names of additional nominees for that office".

You ask "Does the Nomination committee having filled the spot change things?", but I don't see how this can have been done since it appears that this can't be done until the election meeting. 

 

 

[Josh Martin]

On 4/9/2024 at 5:07 PM, Father Cadan said:

Do withdrawn nominations need to be accepted?

Yes.

On 4/9/2024 at 5:07 PM, Father Cadan said:

Does the Nomination committee having filled the spot change things? 

It means this person will now be treated as if this were a nomination from the floor, rather than a nomination by the Nominating Committee.

But other than that, no, it doesn't really change things.

On 4/9/2024 at 5:07 PM, Father Cadan said:

Most importantly what do we put on our mandatory secret ballot?

You don't need to put anything on it. It's entirely acceptable to just use blank pieces of paper.

But if the organization prefers to use preprinted ballots, then the names of all nominees for each office (including this "unwithdrawn" nominee) should be listed on the ballot, as well as a "Write-In" line for each position.

[Dan Honemann]

On 4/9/2024 at 6:07 PM, Father Cadan said:

Do withdrawn nominations need to be accepted?

 

On 4/10/2024 at 12:36 PM, Josh Martin said:

Yes.

How so?

On 4/9/2024 at 6:07 PM, Father Cadan said:

Does the Nomination committee having filled the spot change things? 

 

On 4/10/2024 at 12:36 PM, Josh Martin said:

It means this person will now be treated as if this were a nomination from the floor, rather than a nomination by the Nominating Committee.

As best I can determine, if we assume that the withdrawal of the nomination was effective (I don't think it was) it appears that the nominating committee can't propose another nominee until the election meeting.  And then why wouldn't this nominee be the committee's nominee?

 

[Tomm]

On 4/10/2024 at 9:36 AM, Josh Martin said:

It means this person will now be treated as if this were a nomination from the floor, rather than a nomination by the Nominating Committee.

I believe Section 6 in the above bylaws states, "No nominations may be made from the floor at the election meeting."

[Richard Brown]

On 4/10/2024 at 2:54 PM, Tomm said:

I believe Section 6 in the above bylaws states, "No nominations may be made from the floor at the election meeting."

That’s true, but I think we are talking about this taking place at the nomination meeting, not at the election meeting. Nominations from the floor are permitted at the nomination meeting.  I agree that the bylaws seem clear that nominations from the floor are not permitted at the election meeting.

[Father Cadan]

Between the nomination and election meeting

On 4/10/2024 at 2:33 PM, Richard Brown said:

That’s true, but I think we are talking about this taking place at the nomination meeting, not at the election meeting. Nominations from the floor are permitted at the nomination meeting.  I agree that the bylaws seem clear that nominations from the floor are not permitted at the election meeting.

 

[Dan Honemann]

On 4/10/2024 at 6:23 PM, Father Cadan said:

Between the nomination and election meeting

 

Yes, I understand that the attempt by the nominee to withdraw his nomination, the nominating committee's decision to nominate someone else, and the original nominee's attempt to withdraw his withdrawal all have occurred after the nomination meeting and before the election meeting.

My previous response was based upon this understanding.

[Josh Martin]

On 4/10/2024 at 12:25 PM, Dan Honemann said:

How so?

Perhaps we have different interpretations of what the question is asking. I interpreted it as asking whether a nomination which was withdrawn must still be considered a valid nomination. I see how a different interpretation may be that the question is asking whether some action must be taken to "accept" the nomination. I apologize for the lack of clarity in my response.

On 4/10/2024 at 12:25 PM, Dan Honemann said:

As best I can determine, if we assume that the withdrawal of the nomination was effective (I don't think it was) it appears that the nominating committee can't propose another nominee until the election meeting.  And then why wouldn't this nominee be the committee's nominee?

In the response in question, I was accepting for the sake of argument the OP's premise that the committee had properly replaced the nominee with a different nominee. Upon further review of the bylaw provisions in question, I agree there is reason to doubt that premise.

On 4/10/2024 at 2:54 PM, Tomm said:

I believe Section 6 in the above bylaws states, "No nominations may be made from the floor at the election meeting."

That's true, but why does that matter? This nomination was made in advance of the election meeting.

Edited April 11, 2024 at 05:41 PM by Josh Martin

[Gary Novosielski]

Can a Nominating Committee, in fact, make a nomination between meetings?    It can certainly meet, deliberate, and vote to report a name, but if there's no meeting until the election, when and to whom do they report this new nomination?  And until then isn't it just an undelivered report?

On the other hand, if they had met and voted on a name, and that was reported at the election meeting, it would not be a nomination from the floor and so presumably could be added before the election.

 

Edited April 11, 2024 at 07:53 PM by Gary Novosielski