Elections by Acclamation

[Guest Ron H]

Recently during our annual Church meeting, we elected officers. In accordance with our by-laws the nominees were vetted and place on the ballot. A motion was made (and seconded) to accept the entire slate by acclamation. The motion carried.

After the meeting, an issued was raised that the Moderator did not ask for additional nominations from the floor. Our by-laws allow for an individual to be placed into nomination from the floor by two active members. (I know this contradicts the vetting process, which is another story for another day).

Does the failure to ask for nominations invalidate the election? Are we required to hold new elections or would it take a "carried" motion to re-hear in order to have a re-election?

Thanks

[Kim Goldsworthy]

Recently during our annual Church meeting, we elected officers. In accordance with our by-laws the nominees were vetted and place on the ballot. A motion was made (and seconded) to accept the entire slate by acclamation. The motion carried.

After the meeting, an issued was raised that the Moderator did not ask for additional nominations from the floor. Our by-laws allow for an individual to be placed into nomination from the floor by two active members. (I know this contradicts the vetting process, which is another story for another day).

Does the failure to ask for nominations invalidate the election?

No.

Technically, YOU DON'T NEED NOMINATIONS TO HOLD AN ELECTION.

So, if that optional part was missing, the validity of the election itself still holds.

Also, a point of order could have been raised in a timely manner, by any member, if the chair "forgot" to ask for nominations from the floor.

And yet -- no one said anything.

"You snooze, you lose."

[J. J.]

Do your bylaws require that the vote be taken by ballot.

[Guest Ron H.]

The only reference to "ballot" is this:

"... the Executive Council, serving as the Nominating Committee, shall provide the names of one or more persons for each office to be filled. The Executive Council should seek confirmation from the prospective nominees indicating their willingness to serve. Those nominees shall also indicate their willingness to fulfill their duties by affixing their signature to a Covenant to Serve (Constitutional and Biblical duties where applicable). Those persons refusing to sign the Covenant disqualify themselves as candidates for the office. This ballot is to be posted so that all members might know those who are being placed in nomination. It shall be the privilege of any two (2) active members to place in nomination the name of any eligible person for any office not so nominated, and. such nomination shall be placed on the ballot. Officers will be elected by simple majority vote. No proxy voting shall be allowed."

~Ron

[hmtcastle]

Officers will be elected by simple majority vote.

Well, whether or not a ballot is required, it certainly looks like an election (i.e. a vote) is required.

[Josh Martin]

The only reference to "ballot" is this:

"... the Executive Council, serving as the Nominating Committee, shall provide the names of one or more persons for each office to be filled. The Executive Council should seek confirmation from the prospective nominees indicating their willingness to serve. Those nominees shall also indicate their willingness to fulfill their duties by affixing their signature to a Covenant to Serve (Constitutional and Biblical duties where applicable). Those persons refusing to sign the Covenant disqualify themselves as candidates for the office. This ballot is to be posted so that all members might know those who are being placed in nomination. It shall be the privilege of any two (2) active members to place in nomination the name of any eligible person for any office not so nominated, and. such nomination shall be placed on the ballot.

I think it will be a matter of interpretation for the society to determine whether "such nomination shall be placed on the ballot" means a ballot vote is required. If it is required, the election is null and void and must be redone. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation.

If a ballot vote is not required, what happened was improper, but it would not cause a continuing breach. The election is final and cannot be redone.

[Ron H.]

This has been incredibly helpful. Thank you all for your responses.