removal of nominee from ballot

[corvetteman0_2]

Ballots were sent out with several nominees for the Board of Directors Election for our HOA. Now one of the nominees has moved out of state. The ballot was printed with their name on it and sent out. Now the Nominating Committee has issued a statement through our in house web page that the nominee who moved has been elimnated from the selection of candidates. The candidate that moved did not notify anyone that they were leaving(bad feelings with exsiting board). Is this allowed or must the name stay on the ballot and the votes cast for them be counted as illegal votes in the total votes cast?

[hmtcastle]

Is this allowed or must the name stay on the ballot and the votes cast for them be counted as illegal votes in the total votes cast?

Is he actually ineligible because he moved or are you just assuming he won't be able to serve. If it's the former, a vote for him would be counted as an illegal vote. If it's the latter, he could be elected.

In any case, if there's time to re-print the ballots you could remove his name. Otherwise, just let everyone know that he's no longer eligible to hold office (if, in fact, that's the case).

[Kim Goldsworthy]

Ballots were sent out with several nominees for the Board of Directors Election for our HOA.

Now one of the nominees has moved out of state.

The ballot was printed with their name on it and sent out.

Now the Nominating Committee has issued a statement through our in house web page that the nominee who moved has been eliminated from the selection of candidates.

The candidate that moved did not notify anyone that they were leaving (bad feelings with existing board).

Is this allowed,

or must the name stay on the ballot and the votes cast for them be counted as illegal votes in the total votes cast?

Leave the name on the ballot. - Do not reprint the ballot.

Why? Because under Robert's Rules of Order, it is allowable to have someone who is geographically unable to serve still win an election.

That is, it violates no rule to elect a nominee who now lives in deepest, darkest Africa, for your Home Owners Association.

Who knows? Maybe the bylaws will be changed to allow him to participate via satellite link.

[corvetteman0_2]

Ballots will not be reprinted. Question arises that members that have received the ballot(all have) may not get the word that the moved candidate has become ineligible and they might vote for the candidate in question. Are their votes counted as illegal and added to the total votes cast or are they rejected and not counted in the total? Thank you for your help in this matter.

[hmtcastle]

Are their votes counted as illegal and added to the total votes cast or are they rejected and not counted in the total?

They're illegal votes and count towards the total when computing the majority required. See pp. 402-403.

[Kim Goldsworthy]

Ballots will not be reprinted.

Question arises that members that have received the ballot(all have) may not get the word that the moved candidate has become ineligible and they might vote for the candidate in question.

Are their votes counted as illegal and added to the total votes cast,

or are they rejected and not counted in the total?

Hold your horses, there, pardner!

First you said:

One of the nominees has moved out of state.

Now you say:

The moved candidate has become ineligible.

To review, it is false that someone who moves out of state is ineligible to be elected, according to Robert's Rules of Order.

So, are you implying that you guys have an extra rule which you have not cited which ties one thing to the other?

If you don't, then the ballots are LEGAL, and the out-of-state person CAN be elected.

[corvetteman0_2]

Sorry for the confusion. Our By-Laws state that to be a member of the HOA you must be a homeowner in our communiy and to be on the Board of Directors you must be in the HOA. The candidate that is in question sold their home and moved. This was done after the ballots were sent out.This candidate has a large following. I agree with the present board that this candidate has become ineligible to be on the board. Since some members will not get the info and will vote for this candidate, will their votes still be counted in the total votes cast? Again sorry about the confusion with the " out of sate comment in the post" Again thank you for your expert knowledge.

[jstackpo]

Yes, votes for your departed ex-owner, even though he is ineligible, do count in deterrmining the basis for the majority threshold needed to win an election. RONR p. 402-3

[Gary Novosielski]

Sorry for the confusion. Our By-Laws state that to be a member of the HOA you must be a homeowner in our communiy and to be on the Board of Directors you must be in the HOA. The candidate that is in question sold their home and moved. This was done after the ballots were sent out.This candidate has a large following. I agree with the present board that this candidate has become ineligible to be on the board. Since some members will not get the info and will vote for this candidate, will their votes still be counted in the total votes cast? Again sorry about the confusion with the " out of sate comment in the post" Again thank you for your expert knowledge.

So you're saying he has a large following, but they're not following so closely that they would notice he's gone.

Yes, if the word does not get out, you could have a problem. Votes for him (illegal votes by legal voters) could prevent anyone else from getting a majority of the ballots cast.

Then and you'd have to vote again. But you'd then have time to leave his name off the ballot.

[hmtcastle]

So you're saying he has a large following, but they're not following so closely that they would notice he's gone.

Not too long ago, Missourians elected a dead guy to the U.S. Senate.

[Gary Novosielski]

Not too long ago, Missourians elected a dead guy to the U.S. Senate.

Yeah, but they arguably knew he was dead, and just preferred him to the live guy.

It happens.