Resignation and pending election

[Ed Guest]

Recently, the President of our association and a board member resigned their positions prior to the scheduled board meeting. It was done in writing and was accepted as such. Both were running for re-election of their respective positions and the nominations were closed and deadline passed for voting, and all ballots tabulated by accountant. (All of this happened in the space of a couple of weeks). About a week prior to opening the sealed ballot results to see who won at our business meeting, they both sent a letter stating they would accept their positions if they were elected. The individual running for President was running unopposed and won but the board member lost.

We have never encountered this before. What are the correct procedures? None of the board members want the individual to come back as President. We don't understand why someone would resign and then want to be back in that position. Per our bylaws we can remove members from the membership and from their board seat. We don't want to strip the membership from the individual, however, we do want to stop him from becoming President again.

Does the original resignation count for the election as well? Does the acceptance of said resignation letter trump the election results? or do we have to have a special meeting to remove this individual from the elected position? Thanking you in advance for any information.

[Chris Harrison]

There is nothing in RONR that allow you all to disallow the results just because the President changed his mind about resigning and wishes to be President again. If you all want to remove him from office have at it (although unless the bylaws say otherwise only the Membership has the authority to expel members or remove them from office).

[Kim Goldsworthy]

Recently, the President of our association and a board member resigned their positions prior to the scheduled board meeting.

It was done in writing and was accepted as such.

Okay. Resignations are accepted. They are out of office.

Both were running for re-election of their respective positions and the nominations were closed and deadline passed for voting, and all ballots tabulated by accountant.

Okay. Voting is over. It is time to count the ballots and see who won.

About a week prior to opening the sealed ballot results to see who won at our business meeting, they both sent a letter stating they would accept their positions if they were elected.

Okay. Nothing wrong with that.

The individual running for President was running unopposed and won but the board member lost.

Unclear. - You refer to "The individual running for President" - is this person the same person, or a different person, from the "resigned" president?

Either way, it makes no difference. - Whoever the voters elected, is elected. Old or new.

None of the board members want the individual to come back as President.

Then don't vote for him. - Oops! Too late! - "...deadline passed for voting, and all ballots tabulated..."

We don't understand why someone would resign and then want to be back in that position.

Me neither.

But psychology is not part of my job. Or your job.

Per our bylaws we can remove members from the membership and from their board seat. We don't want to strip the membership from the individual, however, we do want to stop him from becoming President again.

Wait a minute. - You want to essentially undo an election? Why? What did the voters do wrong?

Does the original resignation count for the election as well?

No.

You said the resignation was from office well before the election.

Does the acceptance of said resignation letter trump the election results?

No. Any resignation processed BEFORE an election won't affect a FUTURE election.

The election is to be held to fill the seat for the NEXT term of office; while the resignation's acceptance affected the OLD term of office just about to end.

or do we have to have a special meeting to remove this individual from the elected position?

You are going about this all wrong.

You cannot willy-nilly remove newly elected officers.

See RONR Chapter XX Section 61 regarding how to remove officers from office.

And, again, why you aren't taking the election seriously is mind-boggling. - Why are you going to punish the voters?

Why bother holding sham elections if your board is just going to throw away all the ballots and choose whomever the board wants?