Contested Election Results due to Procedures

[Karen Luke]

In the event of an electoral election, when there are several discrepancies: emails for members were not verified prior to giving to the platform company. Because of that, there were many problems/concerns. One such, an email ballot sent to an email NOT the members email, however, to the administrator, it shows the email was opened. Which, wondering how, sinch that email NOT assigned to person(positive/negative). Over 100 ballots went to wrong emails or never received-'supposedly' resent. 990 emails submitted, but 1123 members? 654 voted, of the 336, no one can prove if any of the ballots sent to wrong email address, member declined to vote or that the member even received. Plus, the fact that there are 33 members emails who were not uploaded into software. Election was approved by election committee and president. However, the candidates cry "FOUL". What can be done? There are 369 dues paying members that did not get opportunity to vote! Plus, the 'remaining number of votes" can definitely change the outcome of the election. 

[Atul Kapur]

If your organization conducts a ballot by email, you should have rules to deal with the issues that may arise. RONR does not contain such rules.

RONR does contain rules on conducting a (postal) mail ballot and you may be able to analogize from those to some parts of your situation.

One principle that may be helpful is

"23:7 Remedy for Violation of the Right to Vote. If one or more members have been denied the right to vote, or the right to attend all or part of a regular or properly called meeting during which a vote was taken while a quorum was present, a point of order concerning the action taken in denying the basic rights of the individual members can be raised so long as the decision arrived at as a result of the vote has continuing force and effect. If there is any possibility that the members’ vote(s) 
would have affected the outcome, then the results of the vote must be declared invalid if the point of order is sustained."

(Emphasis added)

The hiccup for you is that the point of order needs to be made at a meeting of the membership.

[Guest Karen Luke]

We are a teachers union, rare we assemble as membership. The candidates did push up their concerns to the state union for course of action. The election was for president and treasurer. 

[Gary Novosielski]

On 5/12/2024 at 5:02 PM, Guest Karen Luke said:

We are a teachers union, rare we assemble as membership. The candidates did push up their concerns to the state union for course of action. The election was for president and treasurer. 

Well, check your bylaws for how to hold a special meeting.  Only the membership has the power to decide questions about elections, unless your bylaws have some other remedy.  And fire that company that did the last election.

[Karen Luke]

Election guidelines set by election committee. Nothing addresses this. Bylaws states that in the absence of concerns addressed in constitution and bylaws, refer to Roberts Rules, thus my question here.  

[Atul Kapur]

I agree with Mr. Novosielski that you may to demand a special meeting to ultimately resolve this issue.

On 5/12/2024 at 6:29 PM, Karen Luke said:

Election guidelines set by election committee. Nothing addresses this. Bylaws states that in the absence of concerns addressed in constitution and bylaws, refer to Roberts Rules, thus my question here

This forum and RONR may not be able to save your organization from deficiencies in your own governing documents.

That is why you may need to hold a special meeting to figure a way out.

A professional parliamentarian may be of help. They can review your governing documents, review the facts, and provide a parliamentary opinion with recommendations. 

[Richard Brown]

@Karen Luke more information would be helpful, but based on the information provided, I agree with my colleagues.  It seems to me that the shortcomings in the notification/email ballot process may have prevented enough members from voting or receiving proper notice to affect the outcome of the elections. Dr. Kapur correctly pointed out 23:7 of RONR (12th ed.) regarding remedies for the denial of the right to vote.  Other sections dealing with challenging the results of an election are in sections 46:48-50, and 45:41.

What was the result of the vote?  Was it close enough that the members who received no or late ballots could have affected the outcome of the election?

[Karen Luke]

The members that did not get to vote, definitely could change the outcome of the vote. The problem is that you could not determine if the person declined to vote, never received email ballot, could not fine the email ballot , email ballot sent to wrong email..., As of this am, the candidates are contesting the result. The concern sent up to NJEA legal team. I was just trying to gather information, since our bylaws state that in the absence of bylaws covering concern, refer to Roberts Rules. 

[Gary Novosielski]

As a former president of an NJEA local, it seems strange to me that email voting would be authorized in the bylaws.  Are you sure it is?

[karen b]

Very interesting point. Are you referring to local bylaws or NJEA bylaws? local, it doesn't address whether the ballot is electronic or paper. But now that you mention it, even the county, NEA/RA ballots and ballots for NJEA officers, is all paper ballots. So, bylaws for NJEA? 

[Gary Novosielski]

On 5/14/2024 at 9:35 AM, karen b said:

Very interesting point. Are you referring to local bylaws or NJEA bylaws? local, it doesn't address whether the ballot is electronic or paper. But now that you mention it, even the county, NEA/RA ballots and ballots for NJEA officers, is all paper ballots. So, bylaws for NJEA? 

If the local bylaws do not authorized electronic voting (which you say they do not) then electronic voting is prohibited, and the "election" is null and void, and must be correctly held, probably via a special meeting.  I can't say for certain whether locals would be allowed to adopt rules for electronic voting, you'll want to ask Legal about that.  But that's another question entirely.

The NJEA's Representative Assembly meetings are held in person, and the voting for reps and officers is held entirely with paper ballots by mail as authorized in the NJEA bylaws.  It's the same for county level voting.   I think there was a time when polling places were set up at Convention, but I don't think that's done any more.

But since the local bylaws don't address electronic voting, the rules in RONR 12th edition would presumably apply.