Improper Nominating Procedure

[nelbuts]

Recently the president sent out an email requesting individuals who wanted to run for open positions on the board. The contact information to submit your background and willingness to run for the board was the president's. This is not following the bylaws as referenced below. My question is two parts. 1. Is this a valid election since the president bypassed the Secretary; 2. the bylaws do not address write in candidates, or candidate nominations from the floor, thus are these allowed under Robert's Rules?

My belief is that write in and nominations are allowed and that the elections as called are not valid.

There is a provision in the bylaws that states that the organization will operate under Robert's Rules.

Thank You.

Section 4 – Nominating Procedures: Any member of the organization who meets the eligibility requirements may submit his name as a candidate for the Board to the Secretary. The Secretary shall provide potential candidates with adequate information about the organization’s mission and the desired competencies listed in Section 3 above to enable the candidate to make an informed decision on their fit for the Board.

In the process of recruiting candidates the Secretary will request from all candidates a brief summary of their background, skills, education and experience as it relates to the position. These summaries shall be returned to the Secretary at least ten days in advance of the elections and made available to the voting membership.

Final Board selections will be made in accordance with the provisions outlined in the bylaws.

[Josh Martin]

1. Is this a valid election since the president bypassed the Secretary;

In my opinion, a violation in the nominating procedure would not invalidate the election, as such a rule is in the nature of a rule of order. It may be appropriate to take disciplinary action against the President. At worst, someone could raise a Point of Order that the nominations received through this process are invalid, and the election could be conducted entirely with nominations from the floor and write-in votes.

2. the bylaws do not address write in candidates, or candidate nominations from the floor, thus are these allowed under Robert's Rules?

Write-in votes are valid. Nominations from the floor are not automatic in this instance, but the assembly may reopen nominations by majority vote.

[nelbuts]

Thank you for your answer to this question. It was my believe that the process itself was invalid but that elections could be conducted from nominations from the floor. I just worded it poorly.

Thanks again.

In my opinion, a violation in the nominating procedure would not invalidate the election, as such a rule is in the nature of a rule of order. It may be appropriate to take disciplinary action against the President. At worst, someone could raise a Point of Order that the nominations received through this process are invalid, and the election could be conducted entirely with nominations from the floor and write-in votes.

Write-in votes are valid. Nominations from the floor are not automatic in this instance, but the assembly may reopen nominations by majority vote.

[nelbuts]

Josh, what disciplinary action could or should be taken? Is there a reference page to use with this issue?

Thank You in Advance

[Josh Martin]

Josh, what disciplinary action could or should be taken?

The disciplinary actions which could be taken are a reprimand, removal from office, suspension, or expulsion. What disciplinary action (if any) should be taken is up to the assembly.

Is there a reference page to use with this issue?

See FAQ #20 and Ch. XX of RONR. Also see if your Bylaws have anything to say on the subject of discipline.

[nelbuts]

Thanks