Robert’s Rules of Order govern the election of officers, which plays a significant role in the operation of all organizations, including homeowners associations. Nearly all associations require a set of leaders to serve as decision-makers. However, it’s important to follow proper procedure when nominating and electing officers to avoid any irregularities.
Understanding Robert’s Rules of Order Election of Officers
In any organization, officers and board members’ nomination and election are important. The bylaws should explicitly outline the process for both. If the bylaws lack such details, any assembly member can propose a motion introducing the desired procedure. Subsequently, through a majority vote, the assembly determines whether to adopt the suggested process.
Methods for Nominating Candidates
Typically, a nominating committee puts forth nominations, with the assembly having the chance to propose additional nominees from the floor. It’s crucial to distinguish this nominating process from the actual election to office. According to Robert’s Rules of Order, a person doesn’t necessarily need a prior nomination to be elected. When a ballot vote is conducted, there’s always the option to write in a name, allowing someone to win as a write-in candidate without a formal nomination.
In cases where the bylaws are silent on the nomination procedure, any member can move a motion to establish a nominating process. This motion falls under the category of an incidental main motion, requiring a second, being non-debatable but amendable. Adoption requires a majority vote. However, it is preferable for the bylaws to outline the nomination procedure explicitly.
Generally, there are five nomination methods: by committee, from the floor, by ballot, mail, and petition. Let’s discuss each one below.
By Committee
Numerous organizations, including HOAs, employ a nominating committee. The bylaws must outline the committee’s composition and selection process. Notably, the president should neither serve nor participate in selecting the nominating committee. Ideally, the board or the general membership should elect the nominating committee whenever feasible.
Duties of the Nomination Committee
The primary function of a nominating committee is to identify the most suitable candidate for each position. The bylaws must give this committee enough flexibility to consider more than one person for each office. Additionally, members of this committee may also run for election.
The committee’s meetings must include a thorough review of the membership list, allowing the committee to select individuals best suited for each position. A designated committee member then contacts each nominee to ask if they are willing to serve. If a nominee declines, the committee meets again to find an alternative candidate.
In situations where no candidate is found, the committee can either leave the slot open for nominations from the floor or publicly announce the absence of a nominee, encouraging members to volunteer. It is emphasized that no one should be nominated without their consent, as individuals elected may decline to serve, leading to the necessity of another election.
Nomination Committee Report
The nominating committee typically presents its report as part of “special orders.” When called upon, the committee chairman announces the nominations for each office. In cases where there is dissent within the nominating committee and a minority wishes to propose alternative nominations, these can be made when nominations are open from the floor.
Once the committee presents its report, it is relieved of its duties. There are instances, though, where the committee may be reactivated to nominate individuals to fill vacancies.
From the Floor
Once the president initiates floor nominations, any member can propose a candidate. However, the guidelines for a member nominating someone align with those of the nominating committee. A member must ascertain the eligibility and willingness of the individual they wish to nominate.
Key points regarding floor nominations include:
- Members are not required to seek recognition; a name can be called out in small assemblies while a member is still seated.
- Self-nominations are permissible.
- No seconding of nominations is necessary.
- A member can be nominated for multiple offices.
- Until everyone has had the chance to make nominations, a member can’t nominate more than one person for an office.
- Nominees are not obliged to leave the room during nominations, voting, or the vote count.
- The presiding officer, even if a nominee, can continue presiding.
- Members can rise and decline a nomination during the nominating process.
- Following each nomination, the president reiterates the name to the assembly.
By Ballot
An alternative to floor nominations is using a ballot for the nomination process within an organization. Here, each member receives a nominating ballot and can write down the name/s of one or more candidates. The tellers’ committee is responsible for tallying the ballots and giving the president nominees for announcement. Subsequently, a vote is conducted for the election. It’s essential to note that the nominating ballot should not serve as the electing ballot.
By Mail
Mail-in nominations are perfect for organizations without members in the same area. The secretary sends a nominating ballot to each member along with instructions on completing it. Once members mail their nominations, the secretary compiles the ballot, which is the basis for the members’ voting process.
By Petition
Occasionally, an organization’s bylaws may stipulate nominations by petition. In such instances, a nominee must garner support through a signed petition from members before their nomination is included on the ballot. The nominating petition may be distributed alongside a newsletter or mailed directly to the members.
Should the Minutes Reflect the Nominations?
The secretary records all nominations in the minutes. When an organization employs a nominating committee and subsequently accepts nominations from the floor, the secretary documents the nominating committee’s report first. Following this, the secretary lists nominations for each office in the order members from the floor present them.
Motions Related to Robert’s Rules of Order Nomination of Officers
Members can make two motions related to the nomination of officers: to close the nominations and to reopen them.
1. Close the Nominations
- Purpose: To promptly conclude the nominations and proceed with the vote.
- Not permissible when another member has the floor.
- Requires a second.
- Open to amendment.
- Not subject to debate.
- Calls for a two-thirds majority vote.
- Not eligible for reconsideration.
- Outcome: Nominations are officially closed, and the voting process commences.
The motion needs a two-thirds majority vote as it restricts members’ nomination rights. This voting requirement safeguards the assembly against potential misuse of power by a temporary majority seeking to halt the nominating process. A member should move to close the nominations when no one else has the floor. Additionally, a rising vote is always conducted for this motion.
2. Reopen the Nominations
- Purpose: To reopen nominations and allow consideration of additional candidates for office.
- Requires a second.
- Open to amendment.
- Not open to debate.
- Calls for a majority vote.
- A negative vote is subject to reconsideration.
- Outcome: Members gain the opportunity to put forth additional nominees for consideration.
The specified time for closing or reopening nominations can be included in the initial motion or introduced through an amendment. Since reopening nominations does not encroach upon members’ rights, this motion necessitates only a majority vote, typically determined through a voice vote. A member can make the motion to move for reopening nominations when no one else has the floor.
Robert’s Rules of Order Election of Officers: Most Common Voting Methods
After the nominating process, members must then vote for the candidates. In cases where the bylaws do not specify the voting procedure, a member can introduce an incidental motion to determine how the vote should be conducted.
Organizations commonly use four voting methods: voice, ballot, roll call, and cumulative voting.
1. By Voice
A voice vote is suitable if only one candidate is for office and the bylaws don’t specify the election method. However, members can’t write in a candidate in a voice vote election.
When multiple candidates are nominated, and a voice vote is used, the chair conducts the vote in the order of nominations. Members must vote affirmatively for their preferred candidate and negatively for others. The candidate with the majority vote wins.
2. By Ballot
Vote ballots can occur in two ways:
- Slated Ballots. All candidates’ names appear on the ballot, with space for write-in candidates.
- Individual Ballots. Voters receive a blank piece of paper on which they write the names of the candidates they wish to vote for.
3. By Roll Call
When members opt for a roll call vote, the organization can apply the same approaches used in a ballot vote — either voting collectively for all candidates or individually for each. The presiding officer should clarify the process. During the roll call, each member declares their vote as the secretary calls it. The secretary records and repeats the vote to ensure accuracy.
4. By Cumulative Voting
This type of voting allows members to allocate all their votes to a single candidate or distribute their votes unequally. For example, if a voter has five votes, they may allocate all five to one candidate or two votes for one candidate and the other three for another. Cumulative voting only applies if the bylaws explicitly state it as such.
Motions Regarding Elections
When using a ballot vote, the president typically declares the polls closed after ensuring everyone who wants to vote has done so. Once closed, no additional votes are accepted, and the tellers proceed to count the votes. A member can propose a motion to close the polls, requiring a second and a two-thirds vote for adoption, or it can be adopted by unanimous consent. If voting is ongoing, the president should not entertain a motion to close the polls.
If members wish to vote after the polls are closed, a member can move to open the polls, requiring a majority vote for adoption. The polls can be reopened until the tellers present their report and the presiding officer announces the results. Any ballots received during the reopening should be kept separately until the initial count is complete. Afterward, these ballots are added to the tellers’ report.
What Is a Tellers’ Committee?
A tellers’ committee, consisting of two to three members, is appointed to count votes during meetings involving a ballot or a rising counted vote. In small organizations, the presiding officer may appoint members to count votes, or a knowledgeable secretary can assist in the absence of a designated committee. Tellers should be appointed based on accuracy and trustworthiness, especially in controversial matters, with representation from both sides and a neutral member.
A tellers’ committee, led by a chairman, is appointed for the entire event or year for larger organizations or national conventions. The chairman oversees ballots, training, and the counting process, being present throughout the session to count voice votes when requested. The committee is crucial for maintaining accuracy and integrity in the voting process.
How Should the Tellers’ Committee Count Ballots?
Here is how a tellers’ committee should count the ballots.
1. Verification of Ballots
- Teller One examines each ballot to ensure its legitimacy.
- Blank ballots are set aside and not included in the total count.
- Illegal ballots (unreadable writing, names of ineligible candidates, or two folded ballots) are placed in a separate pile.
2. Counting and Recording
- Teller One tallies the legal ballots and records the total under “Number of votes cast.”
- If there are illegal ballots, their count is noted under “Number of illegal votes.”
- The total number of legal and illegal ballots establishes the majority vote number, which is recorded under “Number of votes to elect.”
3. Candidate Names and Tallying
- Teller One reads aloud each ballot, stating candidate names.
- Teller Two and Teller Three keep separate sheets, marking each candidate’s name upon the first reading and adding a tally for each subsequent mention.
- To ensure accuracy, Teller Two repeats each name as read by Teller One.
- When a candidate reaches five votes, Teller Two announces “tally.”
- If there’s a discrepancy between Teller Two and Teller Three, the count pauses to identify and correct the mistake.
4. Vote Totals and Results
- After all ballots are read, the committee totals the votes for each candidate and records the counts.
- The term “elected” is next to candidates with a majority vote.
- If no majority is achieved, “no election” is indicated on the report for the respective office.
5. Finalization
- Each tellers’ committee member signs the report.
- Teller One (chairman) reads the report to the assembly and presents it to the presiding officer.
Robert’s Rules of Order Election of Officers: Checking for Discrepancies
In elections, particularly when tellers lack training or opposition among candidates, members may notice mistakes or illegal procedures in ballot collection or counting. If a member notices a procedural error, they should promptly bring it to the attention of the chair and the assembly.
Organizations should establish rules outlining procedures to address such challenges when a member contests an election or if someone is illegally elected and has commenced serving. These rules may specify the duration for saving ballots and the timeframe members can dispute an election. These rules take precedence over the adopted parliamentary authority.
It’s essential to note that the election cannot be revoked once someone is elected unless the bylaws provide for such a scenario. Organizations can establish election rules to rectify mistakes if an error in ballot counting or other procedural aspects occurs.
A common error in elections is having more ballots cast than the number of present members. If this doesn’t impact the vote outcome, the election remains valid. Extra ballots often result from individuals entering the assembly without signing in to the meeting.
Can Members Ask for a Recount?
Yes. A member should propose a motion to recount the votes shortly after the president announces the election results. The motion for a recount requires a second, is not open to debate, and requires a majority vote for approval.
Robert’s Rules of Order Election of Officers Explained
Nominating and electing officers the right way doesn’t have to be difficult. With professional help, organizations, including homeowners associations, can operate within the standard and ensure fair elections.
