Details regarding Board election

[Guest KennymSQ]

This is a continuance of a question I asked about 6 months ago.  Our condo association, per the bylaws, elects the board at large, either two or three at a time depending on the year.  The bylaws also explicitly state that the election must be by ballot or proxy at the annual meeting.  To be elected, a candidate must receive a majority of the votes cast (also bylaws).  So, for example, if three positions are up for election, and two get a majority of the votes cast, but no one else receives a majority, this forum advised that the first two are elected, but there needs to be another vote or votes for the third position until someone does get a majority.  Makes sense.  However, what if we keep voting and continue to get a lack of majority for any candidate for that last position?  It seems like it's not realistic to keep voting over and over again until something changes.  Is there an alternative?  The bylaws also give the board power to fill any vacancy that may occur in the board.

[Rob Elsman]

Multiple rounds of voting will be required until all the available seats have been filled by majority vote. Although it is theoretically possible for there to be a true deadlock, experience shows that the votes will begin to coalesce around a winner reasonably quickly.

[Richard Brown]

On 8/11/2024 at 7:50 AM, Guest KennymSQ said:

It seems like it's not realistic to keep voting over and over again until something changes.  Is there an alternative? 

The candidates may agree among themselves that one of them will withdraw based upon a coin toss, drawing straws, a roll of the dice, etc.

in addition, I believe there is a provision in RONR for the assembly to adopt a motion to suspend the rules and remove the candidate with the fewest number of votes from the ballot, but that must be done by a 2/3 vote and the candidate who was dropped from the ballot still remains eligible for election by write-in votes. However, I am not able to find that provision at the moment.  I believe it is in a footnote, and I always have a hard time finding that provision.

Edited again to add: I just found that section. It’s in the footnote to section 46:32. “An organization could suspend the rules, or adopt a special rule of order, so that the nominee with the fewest votes is dropped from the list of nominees for succeeding ballots in the expectation that voters will then confine their choice to the remaining nominees. Only a bylaw provision, however, could make the dropped nominee ineligible for election so as to render illegal any subsequent votes cast for that nominee.”

Edited August 11, 2024 at 02:59 PM by Richard Brown
Added next to the last paragraph and edited again to add last paragraph

[Josh Martin]

On 8/11/2024 at 7:50 AM, Guest KennymSQ said:

However, what if we keep voting and continue to get a lack of majority for any candidate for that last position?

You keep voting forever until a candidate receives a majority.

On 8/11/2024 at 7:50 AM, Guest KennymSQ said:

It seems like it's not realistic to keep voting over and over again until something changes.

But that is, in fact, exactly what you do. The members will have to eventually learn how to compromise.

If the membership is unable to complete the election at the present time, the election may be postponed to the next regular meeting (if within a quarterly interval) or until an adjourned meeting.

On 8/11/2024 at 7:50 AM, Guest KennymSQ said:

Is there an alternative?

No, not really, unless the organization amends its bylaws.

On 8/11/2024 at 7:50 AM, Guest KennymSQ said:

The bylaws also give the board power to fill any vacancy that may occur in the board.

That's irrelevant. The membership can't simply abandon the election and punt to the board.

In the event the membership does not complete the election at the scheduled time, the board may election a person to fill the resulting vacancy, but such an appointment is effective only until the membership can complete the election.

"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.) 46:45

[Atul Kapur]

On 8/11/2024 at 8:50 AM, Guest KennymSQ said:

Is there an alternative?

No, but during the 1268-1271 papal election (yes, 34 months), the assembly was encouraged to reach a decision by removal of the roof of the meeting place and by restricting the members to bread and water.