misconduct at an election

[Guest Anne]

At our last election, canidates were handing out papers at the door instructing voters who they should vote for. The Board was unaware and ran a ballot election. The new officers were sworn in but the minutes will not be motioned for acceptance until the September meeting as we break for summer. Was the election valid or can it be recinded due to misconduct by the newly elected board memebers. Our bylaws do not cover any such occurance.

[David A Foulkes]

At our last election, canidates were handing out papers at the door instructing voters who they should vote for. The Board was unaware and ran a ballot election. The new officers were sworn in but the minutes will not be motioned for acceptance until the September meeting as we break for summer. Was the election valid or can it be recinded due to misconduct by the newly elected board memebers. Our bylaws do not cover any such occurance.

What sort of misconduct occurred?

If the election was properly conducted (ballot vote, tellers report, etc etc) you may be hard-pressed to make a case. Candidates handing out slips saying "vote for Joe and me" seems relatively harmless. But handing them out to members while giving them the "stink-eye" and saying "if'n you know what's good fer ya" under their breath , well...... there maybe something to look into, though I don't know exactly what.

[J. J.]

At our last election, canidates were handing out papers at the door instructing voters who they should vote for. The Board was unaware and ran a ballot election. The new officers were sworn in but the minutes will not be motioned for acceptance until the September meeting as we break for summer. Was the election valid or can it be recinded due to misconduct by the newly elected board memebers. Our bylaws do not cover any such occurance.

It sounds like every election I've participated in, for the last 28 years. there is no violation of the rules.

[Tim Wynn]

At our last election, canidates were handing out papers at the door instructing voters who they should vote for.

This doesn't violate a rule in Robert's Rules.

The Board was unaware and ran a ballot election.

If your "board" is running an election during a general-membership meeting (in other words, outside of a board meeting), that would be improper. The board cannot act as a board, except in a board meeting, which is distinct from a meeting of the general membership, where elections are usually held.

The new officers were sworn in but the minutes will not be motioned for acceptance until the September

1. Officers need not be sworn in, but take office immediately. See RONR(10th ed.), p. 430, l. 5-20 for details.

2. A formal motion is not necessary to approve the minutes; this can be handled quickly and efficiently by the chair. See RONR(10th ed.), p. 343, l. 19-22.

3. Approving the minutes is not a process for validating the election.

Was the election valid

You haven't stated anything that would make it invalid.

or can it be recinded due to misconduct by the newly elected board memebers.

It seems that the charges you're putting forth took place BEFORE the newly elected board members were elected.

RONR DOES address rescinding an election for the purpose of deposing an officer for misconduct, but I doubt that careful inspection of your situation would find that it applies. See RONR(10th ed.), p. 642, l. 29 - p. 643, l. 5, and note that the wording of your bylaws must specifically support such an action.

[edited to insert the original point I was going after and somehow forgot to address -- number 3]