Director Election

[Guest SWalsh]

If candidates for the Board of Directors must submit applications to the Nominating Committee to ascertain their eligibility/qualifications to run per the Bylaws of the organization, and there is only one candidate for one of the seats, when is that candidate declared the winner?

The Bylaws state "A ballot containing the names of all qualified candidates shall be delivered to each member eligible to vote at least three weeks preceding the election." They also state "If there is not more than one qualified candidate for any position on the Board of Directors, the President will instruct the Secretary to cast a unanimous ballot for the candidate."

(For informational purposes, there are four regional seats available)

Is it possible to have a write-in candidate?

[hmtcastle]

Is it possible to have a write-in candidate?

Apparently not BUT . . .

Bylaws can only be properly interpreted in their entirety, something that's beyond the scope and purpose of this forum. So it's up to your organization to interpret its own rules.

[David A Foulkes]

If candidates for the Board of Directors must submit applications to the Nominating Committee to ascertain their eligibility/qualifications to run per the Bylaws of the organization, and there is only one candidate for one of the seats, when is that candidate declared the winner?

The Bylaws state "A ballot containing the names of all qualified candidates shall be delivered to each member eligible to vote at least three weeks preceding the election." They also state "If there is not more than one qualified candidate for any position on the Board of Directors, the President will instruct the Secretary to cast a unanimous ballot for the candidate."

(For informational purposes, there are four regional seats available)

Is it possible to have a write-in candidate?

After the nominating committee has presented its report and before voting for the different offices takes place, the chair must call for further nominations from the floor. (RONR 10th Ed., p. 421 ll. 6-10 -- emphasis added) This sounds like at least floor nominations can take place.

A provision can be included to dispense with the ballot when there is only one candidate for an office, although this deprives members of the privilege of voting for "write-in" candidates in such a case. (RONR 10th Ed., p 556 ll. 25-28) This does sound more like what you are facing, so it would seem no write-ins are allowed.

When the bylaws require a vote to be taken by ballot, this requirement cannot be suspended, even by a unanimous vote. Thus, it is out of order in such a case to move that one person - the secretary, for example - cast the ballot of the assembly. (RONR 10th Ed. p. 398 l. 28 ff) This would mean no one could make a motion for the casting of a unanimous ballot, but your bylaws (as always) take precedence over RONR, and are yours to interpret.

As for your first question, I believe the winners would be all declared at the elections meeting.