Election to fill vacancy

[CMDRPST]

Election were held to fill a vacancy due to the resignation of a elected officer. Bylaws stated that an election be held at the next regular meeting with proper notices to membership. Bylaws also stated that to run for office member must be in good standing and must have attended three meeting during the past year.

Two member in good standing were nominated but the person who won the election did not attend the require meetings was elected even when the President stated the Bylaws before the nominations. Is this a proper election?

[Josh Martin]

Two member in good standing were nominated but the person who won the election did not attend the require meetings was elected even when the President stated the Bylaws before the nominations. Is this a proper election?

It was not proper, but whether it created a continuing breach depends on the exact language used in the Bylaws, and may require some interpretation by the Society. You say that the requirement is "to run" for office. RONR doesn't define "running" for office, but for instance, if this is interpreted as a requirement for nominations, someone would have had to raise a timely point of order. On the other hand, if it's a requirement for holding office, then it's a continuing breach, and a Point of Order could be raised at any meeting.

See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation.

[CMDRPST]

In our Constitution, not in our Bylaws as previous mention, under Article V, Officers, section 7, reads as follows:

In case of vacancy in any office for any cause, the said vacancy shall be filled at any regular meeting provided at least five days notice of such election has been given to the members.

This was met.

Section 8 reads: Any member in good standing is eligible to hold any position in the society provided he or she has attended at least three meetings prior to election date, in the past year.

[hmtcastle]

Section 8 reads: Any member in good standing is eligible to hold any position in the society provided he or she has attended at least three meetings prior to election date, in the past year.

A person who is ineligible to hold office is ineligible to hold office. So it seems you still have a vacancy and must complete the election (and the job doesn't automatically go to the person who came in second)

Down the road, you might want to consider amending your constitution. Attendance is not always easily measured. Can you arrive late? How late? Can you leave early? How early? If you sleep through the entire meeting, how important was your "attendance"?

But, for now, you have to follow your rules as they are. Though one can't help but wonder why they weren't followed in the first place.

[Dan Honemann]

In our Constitution, not in our Bylaws as previous mention, under Article V, Officers, section 7, reads as follows:

In case of vacancy in any office for any cause, the said vacancy shall be filled at any regular meeting provided at least five days notice of such election has been given to the members.

This was met.

Section 8 reads: Any member in good standing is eligible to hold any position in the society provided he or she has attended at least three meetings prior to election date, in the past year.

As Josh Martin has previously noted, a Point of Order can be raised at any future meeting of the membership to the effect that the person declared elected (I'm assuming he was declared elected, you didn't expressly say so) is not eligible to hold the office to which he was elected.