Elected but appealed

[Guest Jay]

After being elected to the position of President of a union and the election is appealed, can the elected person be sworn in and take office until the appeal has be heard since it can be some time before the appeal is heard?

[J. J.]

After being elected to the position of President of a union and the election is appealed, can the elected person be sworn in and take office until the appeal has be heard since it can be some time before the appeal is heard?

RONR would only envision an appeal by motion, which would be handled by the assembly, generally at the time it is raised. That does not sound like the situation here.

Maybe you better explain, but this might end up being beyond the scope of this board.

[hmtcastle]

After being elected to the position of President of a union and the election is appealed, can the elected person be sworn in and take office until the appeal has be heard since it can be some time before the appeal is heard?

As far as RONR is concerned, a candidate takes office as soon as his election is complete, therefore any appeal would necessarily have to take place after he assumes office. Your rules vary so you'll have to figure out their implications.

[Guest Jay]

An appeal was filed because of an alleged violation of the union’s bylaws concerning the election, specifically an allegation that someone was electioneering at the poll location. This is an allegation that probably will not hold because there were several witnesses that it did not happen.

[Gary Novosielski]

An appeal was filed because of an alleged violation of the union’s bylaws concerning the election, specifically an allegation that someone was electioneering at the poll location. This is an allegation that probably will not hold because there were several witnesses that it did not happen.

Even if true, that would probably not rise to the level of nullifying the election, especially if this "appeal" was "filed" after the fact. In RONR, appeals are moved, not "filed" so that's probably something we can't help with. Ideally, your bylaws should have all the details on filed election appeals, because RONR does not.

Are you sure there really is language in your bylaws that prohibits "electioneering at the poll location"?

Because if there isn't then someone is just making up a rule.

[Tim Wynn]

After being elected to the position of President of a union and the election is appealed, can the elected person be sworn in and take office until the appeal has be heard since it can be some time before the appeal is heard?

This "appeal" seems to be more in the nature of what RONR calls a "Point of Order," which is a mechanism for pointing out that a rule has been violated. See RONR(10th ed.), section 23.

To answer your question: RONR has no rule that will prevent the elected official from holding office, due to such an "appeal" being made.

[Kim Goldsworthy]

After being elected to the position of President of a union and the election is appealed, can the elected person be sworn in and take office until the appeal has be heard since it can be some time before the appeal is heard?

If you were to follow Robert's Rules of Order's strict procedure, then this would not be an issue, since the challenge would be (a.) raised; (b.) decided; before anyone takes office.

That is, under the normal process:

1. The chair announces the results of the voting.

2. A point of order is immediately raised.

3. The point of order is ruled on. An appeal might be moved. Either way, the point of order and/or appeal settles the issue.

4. When the meeting moves on to the next item of business, it will be too late to raise a point of order.

5. The person who won the election takes office immediately after all challenges to the election are handled.

[Guest Javy]

That language is in the bylaws. After an election there is 7 days in which one can file an appeal for violation of the election rules with the state level union. There is no language indicating if one can be sworn in during the appeal process. It is stated in the bylaw that if it is not stated in the bylaws then refer to Robert's Rules.

Even if true, that would probably not rise to the level of nullifying the election, especially if this "appeal" was "filed" after the fact. In RONR, appeals are moved, not "filed" so that's probably something we can't help with. Ideally, your bylaws should have all the details on filed election appeals, because RONR does not.

Are you sure there really is language in your bylaws that prohibits "electioneering at the poll location"?

Because if there isn't then someone is just making up a rule.

[hmtcastle]

There is no language indicating if one can be sworn in during the appeal process.

What you'd need is language saying that one can't.

[J. J.]

That language is in the bylaws. After an election there is 7 days in which one can file an appeal for violation of the election rules with the state level union. There is no language indicating if one can be sworn in during the appeal process. It is stated in the bylaw that if it is not stated in the bylaws then refer to Robert's Rules.

Well, if the person's election was null and void, the presumed officer would be voided upon adjudication of that appeal. It really wouldn't make a difference procedurally.

In the absence of language in the bylaws to the contrary, the rule on p. 430 in RONR that the election takes effect immediately would apply.

[Gary Novosielski]

That language is in the bylaws. After an election there is 7 days in which one can file an appeal for violation of the election rules with the state level union. There is no language indicating if one can be sworn in during the appeal process. It is stated in the bylaw that if it is not stated in the bylaws then refer to Robert's Rules.

I don't believe there's anything in RONR about "swearing in" people. Which would mean it's not prohibited either.

[Tim Wynn]

I don't believe there's anything in RONR about "swearing in" people. Which would mean it's not prohibited either.

Page 430, line 18-20 is about as close as it gets.