CHAPTER
XIV

NOMINATIONS AND ELECTIONS

§46. NOMINATIONS AND ELECTIONS

Nominations

46:1 A nomination is, in effect, a proposal to fill the blank in an assumed motion “that be elected” to the specified position. In choosing someone to fill an office or other elective position in a society or assembly, a more effective freedom of choice is maintained through the practice of nominating persons for the office, rather than moving that a given person be elected as in the older British procedure. Hence, a form of ballot on which provision is made for voting “for” or “against” a candidate or candidates, as distinguished from a motion, is not proper. Since such a ballot is improper, in order to defeat a candidate for an office it is necessary to vote for an opposing candidate, thus avoiding the anomaly of an assembly refusing to elect anyone to an office.

46:2 Strictly speaking, nominations are not necessary when an election is by ballot or roll call, since each member is free to vote for any eligible person, whether he has been nominated or not. In most societies, however, it is impractical to proceed to an election without first making nominations. While members are always free to “write in,” on a ballot, the name of an eligible person who has not been nominated, or to vote for an eligible non-nominee during a roll-call vote, under normal conditions it is likely that most members will confine their choice to the nominees. Without nominations, voting might have to be repeated many times before a candidate achieved the required majority.

46:3 Methods of nomination are: (a) by the chair; (b) from the floor (sometimes called “open nominations”); (c) by a committee; (d) by ballot; (e) by mail; and (f) by petition. If no method of nominating has been specified in the bylaws and if the assembly has adopted no rule on the subject, any member can make a motion prescribing the method (31).

46:4 As the following descriptions of the six methods of nomination indicate, not all of them are appropriate or desirable in average societies. The order in which they are listed corresponds to that in which they would be voted on if all six were proposed in motions prescribing the method of nomination.

46:5 Nominations by the Chair. At a mass meeting it is a common practice to have the chairman nominated by the person who was designated to call the meeting to order, but an organized society should adopt other methods of nominating for office. The chair, however, can make nominations for committee membership and similar positions (an exception being made in the case of the nominating committee), as may be provided in the bylaws or by the adoption of a motion.

46:6 Nominations from the Floor. Under the procedure of nominations from the floor, the chair calls for nominations at the time established by rule or custom of the organization or assembly—which may be while the election is pending or earlier, but in any case is subsequent to the report of the nominating committee if there is such a committee. Unless the bylaws or a special rule of order provides otherwise, the chair must call for further nominations at the session at which the election is held even if nominations were called for at a previous session. A member need not be recognized by the chair to make a nomination unless he or she wishes to speak in debate on it at the same time (see 46:27–29). In a large meeting or convention a member should rise when making a nomination from the floor, but in small assemblies nominations frequently are made by members from their seats. No second is required, but sometimes one or more members will second a nomination to indicate endorsement. Where more than one person is to be elected to an office, such as to a board of directors or trustees, or to a position, such as to a committee, no one may nominate more than one person for the office or position, if an objection is made, until every member wishing to nominate has had an opportunity to do so. In no event may a member nominate more persons than there are places to fill.

46:7 The same person can be nominated for more than one office, even if voting for all offices is to take place at the same time on a single ballot. If one person is elected to more than one office under these conditions, the case is resolved as described in the second paragraph of 46:31(1).

46:8 If there is no nominating committee and nominations are to be from the floor, the chair calls for them by saying, for example, “Nominations are now in order for the office of President.” If there is a nominating committee, the chair calls for nominations as shown in 46:19. When the presiding officer has called for nominations from the floor, a member rises and makes a nomination as follows:

MEMBER: I nominate Mr. A. [Or, in a large assembly, “Mr. President, I nominate Mr. A.”]

CHAIR: Mr. A is nominated. Are there any further nominations [or “any further nominations for the office of President”]?

The chair repeats each nomination in this way until all nominations for the office have been made. (For the procedure for closing nominations, see 46:20.) Nominations for the different offices are thus called for in the order in which the offices are listed in the bylaws.

46:9 Nominations by a Committee. In the election of officers of an ordinary society, nominations often are made by a nominating committee. Usually in such cases a nominating committee is chosen in advance to submit nominations for the various offices for which elections are to be held at the annual meeting.

46:10 Designation of the nominating committee. The nominating committee should be elected by the organization wherever possible, or else by its executive board. Although in organizing a new society it may be feasible for the chair to appoint the nominating committee, in an organized society the president should not appoint this committee or be a member of it—ex officio or otherwise. The bylaws may provide that “the President shall appoint all committees except the Nominating Committee…” and that “the President shall be ex officio a member of all committees except the Nominating Committee…”; the exception should not be omitted in either case.

46:11 Nominees. Although it is not common for the nominating committee to nominate more than one candidate for any office, the committee can do so unless the bylaws prohibit it. It is usually not sound to require the committee to nominate more than one candidate for each office, since the committee can easily circumvent such a provision by nominating only one person who has any chance of being elected (see also 56:25).

46:12 Members of the nominating committee are not barred from becoming nominees for office themselves. To make such a requirement would mean, first, that service on the nominating committee carried a penalty by depriving its members of one of their privileges; and second, that appointment or election to the nominating committee could be used to prevent a member from becoming a nominee.

46:13 It is desirable policy for the nominating committee, before making its report, to contact each person whom it wishes to nominate, in order to obtain his acceptance of nomination—that is, his assurance that he will serve in the specified office if elected. The bylaws can make such a practice mandatory.

46:14 Report of the nominating committee. The time at which the nominating committee’s report is made is a matter to be determined by rule or established custom of the particular organization—depending on its own conditions. In some societies this report is not formally presented to the voting body until the election is pending; but in any organization where advance interest in the election may develop, the nominations submitted by the committee should be made known to the membership earlier. These nominations can be sent to all members, for example, several days before the regular meeting—usually the election meeting itself—at which the chair calls for additional nominations from the floor (see below). The report should always be formally presented at a regular meeting, even if the names of the committee’s nominees have been transmitted to the members of the society beforehand. Sometimes—in societies that hold frequent regular meetings—the nominating committee’s report is presented at the regular meeting preceding the annual meeting (9) at which the election is to take place.

46:15 When the nominating committee is called upon for its report at a meeting, its chairman rises and presents the report as follows:

NOMINATING COMMITTEE CHAIRMAN: Mr. President, the Nominating Committee submits the following nominations: For President, Mr. A [or “John A”]; for Vice-President, Mr. B; for Secretary, Mr. C;… [and so on for each office to be filled, naming the nominees in the order in which the offices are listed in the bylaws].

46:16 A minority within a nominating committee, as a group, may propose other nominees for some or all of the offices in any case where nominations from the floor are permitted.

46:17 A nominating committee is automatically discharged when its report is formally presented to the assembly, although if one of the nominees withdraws before the election, the committee is revived and should meet immediately to agree upon another nomination if there is time.

46:18 Call by the chair for further nominations from the floor. After the nominating committee has presented its report and before voting for the different offices takes place, the chair must call for further nominations from the floor. This is another stage of nomination and election procedure for which a number of details should be established by rule or custom of the particular organization. In many organizations, nominations from the floor are called for immediately after the presentation of the nominating committee’s report—while the election is pending or earlier. Note that the chair must call for further nominations at the session at which the election is held even if nominations from the floor were called for at a previous session. When the calling for nominations from the floor is about to begin, if some time has elapsed since the presentation of the nominating committee’s report, the complete list of the committee’s nominations should be read again before further nominations are called for. In any case, if the nominating committee has for any reason failed to make its report at the appropriate time, this does not prevent the assembly from proceeding to nominations from the floor.

46:19 In some organizations all nominations from the floor are completed and nominations are closed for each office before voting for any office takes place. In other organizations, when nominations for one office have been completed, votes are cast for that office and the result is announced before the chair calls for nominations for the next office (see also 46:31). If the organization has no rule on the subject, a custom based on its own conditions may determine which of the two procedures is used (see 2:25) or this may be decided by a motion (31). In either case, the different offices are taken in the order in which they are listed in the bylaws. The chair, as he calls for nominations, first repeats the name that was submitted by the nominating committee, thus:

CHAIR: For President, Mr. A is nominated by the Nominating Committee. Are there any further nominations for President? [If a member nominates another person, the chair repeats the name of that nominee.] Mr. N is nominated. Are there any further nominations?

46:20 When it appears that no one else wishes to make a nomination, the chair again asks if there are any further nominations; and if there is no response, he normally declares that nominations (for that office) are closed, without waiting for a motion to that effect, as follows:

CHAIR: Are there any further nominations for President?… [Pause.] If not… [pause], nominations are closed. [Or, “Without objection,… nominations are closed.”]

(For use of the motion to close nominations, which requires a two-thirds vote, see 31.) After nominations have been closed, they can be reopened by a majority vote.

46:21 After nominations have been closed, voting for that office takes place, or nominations for the next office are called for by the chair, depending on the procedure being followed by the particular organization.

46:22 Nominations by Ballot. The object of a nominating ballot is to provide the members with an indication of the sentiments of the voting body, which they may take into account in voting in the election. The value of the nominating ballot is that it shows the preferences without electing anyone. The nominating ballot is conducted in the same way as an ordinary electing ballot except that everyone receiving a vote is nominated; the tellers’ report, therefore, does not state the number of votes necessary for nomination. Since each member has the opportunity to nominate on his ballot a candidate for every office, he does not have the right then to make nominations from the floor, unless the assembly by a majority vote authorizes such nominations.

46:23 Impropriety of making the nominating ballot the electing ballot. Sometimes a motion is made to declare the nominating ballot the electing ballot. Such action negates all the advantages of a nominating ballot and is, in effect, the same as having an electing ballot without any nominations. If there is to be only one ballot, it should be the electing ballot, with nominations from the floor, or by a nominating committee and from the floor. A nominating ballot cannot take the place of an electing ballot in an organization whose bylaws require elections to be held by ballot.

46:24 Impropriety of limiting voting in the election to the two leading candidates. In some organizations using the nominating ballot, an attempt is made to limit the voting on the electing ballot to the two nominees for each office receiving the highest number of votes on the nominating ballot. This—or any attempt to limit the number of candidates for an office to two, by whatever method they are nominated—is an unfortunate practice and should be discouraged. Often the two leading candidates for a position will represent two different factions, and division within the organization may be deepened by limiting the election to them. On the other hand, it may be possible to unite the members if the assembly has the choice of a compromise candidate.

46:25 Nominations by Mail. In organizations whose membership is widely scattered, the method of nominating by mail is often adopted. In such a case a nominating ballot can be prepared, deposited, and counted in the same way as an electing ballot—with the secretary of the organization mailing to every member a nominating ballot, plus instructions for completing and returning it as described in 45:57–61. Or, in some organizations, a blank on which each member can submit the names of desired nominees, in a signed ballot, is used instead of a secret nominating ballot.

46:26 Nominations by Petition. The bylaws may provide that a member shall be a nominee upon the petition of a specified number of members. Sometimes, a nominating petition blank is sent to the members with a copy of the list of nominees submitted by a nominating committee. In large state or national societies composed of local units, the blanks are sometimes sent to these units with instructions for their distribution or processing.

46:27 Debate on Nominations. In large conventions, nominations are sometimes accompanied by a speech advocating the nominee’s election. The nomination may then be seconded by one or more members also making speeches. In ordinary societies, however, such speeches are less common.

46:28 To give a nominating or seconding speech, a member must first be recognized by the chair while the floor is open for nominations. The member may then nominate a candidate and, without waiting for the chair to state the nomination, speak in favor of the candidate, or he or she may speak in favor of a candidate who was nominated previously. If candidates are members of the organization, speakers must exercise caution to avoid making any personal criticisms of them in debate. Rather than attacking a nominee, a speaker may advocate the election of a rival candidate. By a two-thirds vote, the assembly may adopt a motion limiting debate to any extent desired (15).

46:29 Some organizations adopt rules specifying that debate on nominations be conducted at a different time or in a different manner. Such a rule might, for example, allot each candidate (or his or her designee) equal time to state the candidate’s credentials and to argue for the candidate’s election.

Elections

46:30 In an assembly or organization that does not have a rule or established custom prescribing the method of voting in elections, the voting can be by any of the accepted methods. While some form of election by ballot is generally appropriate in organized societies, each assembly should adopt—and each society should prescribe in its bylaws—the procedure best suited to its purposes and needs. Where there is no determining rule, a motion to fix the method of voting (or any other detail of nomination or election procedure) is an incidental main motion if made before the election is pending, or an incidental motion if made while the election is pending (30, 31). Such a motion can be offered containing a blank so that different methods are voted on in succession; or the chair can take votes on the methods in this way, assuming the motion, if no member objects. In the absence of a rule establishing the method of voting, the rule that is established by custom, if any, is followed, unless the assembly, by adoption of an incidental motion or incidental main motion, agrees to do otherwise.

46:31 Ballot Election. Two alternative procedures for the sequence of nominating and voting in elections by ballot can be prescribed or adopted, as mentioned above. The first method requires the least time, while the second affords greater flexibility in choosing officers. These procedures are as follows:

1) All nominations can be completed before any balloting takes place—in which case voting for all offices is commonly done by a single ballot. This method is suitable for use in conventions where voting takes place at a “polling place” apart from the convention meetings. It may also be a preferred method in any large meeting where the time required for balloting is an important consideration. The elections should take place early in such a meeting, to allow time for any necessary additional balloting for any office for which no candidate receives a vote sufficient for election. Votes can be cast for any person who is eligible for election, even if he has not been nominated. The procedure followed in balloting, in counting the votes, and in reporting the results is described in 45:18–43. The tellers prepare a tellers’ report for each office involved, in the form shown in 45:37. When these reports are completed for all offices, the chairman of tellers, after reading them to the assembly, submits them to the chair, who, as he reads each one of them again, declares the result for that office. In each case where a candidate has a majority, the chair declares that candidate elected. For offices for which no candidate has a majority, the chair announces, “no election.” When the tellers’ reports for all offices have thus been read, the chair directs that new ballots be distributed for those offices for which no candidate attained a majority (see also below).

When voting for multiple offices by a single ballot, the members are not able to take the result for one office into account when voting for another office. For this reason, a candidate is never deemed elected to more than one office by a single ballot unless the motion or rules governing the election specifically provide for such simultaneous election. When there is no such provision, a candidate who receives a majority for more than one office on a single ballot must, if present, choose which one of the offices he will accept; if he is absent, the assembly decides by a ballot vote the office to be assigned to him. This question, which is debatable, requires a majority vote for adoption. The assembly then ballots again to fill the other office(s). (The assembly is free, however, to elect the same person to another office on a subsequent ballot, unless the bylaws prohibit a person from holding both offices simultaneously.)

2) Under the usual form of the second election procedure, balloting for each office immediately follows nominations from the floor for that office. The ballots are counted for one office and the result of that election is announced—after repeated balloting, if necessary—before the next office to be voted on is opened to nominations from the floor. The members are thus able to take into account the results for the offices voted on first, in deciding upon both nominations and votes for the later offices. Under this method the ballots normally consist of small slips of blank paper handed out by the tellers as each ballot is taken—on which voters write the name of the candidate of their choice (who need not have been nominated). This method is generally practical only in assemblies small enough that the votes from each balloting can be counted while the meeting briefly pauses—usually without recessing or proceeding to other business, although it can do either of these things if it wishes.

46:32 Whichever one of the preceding methods of election is used, if any office remains unfilled after the first ballot, the balloting is repeated for that office as many times as necessary to obtain a majority vote for a single candidate. When repeated balloting for an office is necessary, individuals are never removed from candidacy on the next ballot unless they voluntarily withdraw—which they are not obligated to do.¹ The candidate in lowest place may turn out to be a “dark horse” on whom all factions may prefer to agree.

46:33 In an election of members of a board or committee in which votes are cast in one section of the ballot for multiple positions on the board or committee, every ballot with a vote in that section for one or more candidates is counted as one vote cast, and a candidate must receive a majority of the total of such votes to be elected. If more candidates receive such a majority vote than there are positions to fill, then the chair declares the candidates elected in order of their vote totals, starting with the candidate who received the largest number of votes and continuing until every position is filled. If, during this process, a tie arises involving more candidates than there are positions remaining to be filled, then the candidates who are tied, as well as all other nominees not yet elected, remain as candidates for the repeated balloting necessary to fill the remaining position(s). Similarly, if the number of candidates receiving the necessary majority vote is less than the number of positions to be filled, those who have a majority are declared elected, and all other nominees remain as candidates on the next ballot.

46:34 If the multiple positions have varying terms (as may happen when terms are staggered or there is an election to fill the remainder of an unexpired term) and the differing term lengths have not been assigned different sections of the ballot, the longer terms are allocated among those receiving a majority vote in the order in which they obtain greater numbers of votes. If there is a tie, the tied candidates may agree which of them will take a longer term; if they do not agree, the question is put to a vote on the next ballot.

46:35 If the bylaws require the election of officers to be by ballot and there is only one nominee for an office, the ballot must nevertheless be taken for that office unless the bylaws provide for an exception in such a case. In the absence of the latter provision, members still have the right, on the ballot, to cast “write-in votes” for other eligible persons.

46:36 An election by ballot can be conducted by mail if the bylaws so provide, as explained in 45:57–69. For such an election, however—unless repeated balloting by mail is feasible in cases where no candidate attains a majority—the bylaws should authorize the use of some form of preferential voting or should provide that a plurality shall elect, and should provide for a method of selection if there is a tie.

46:37 Viva-Voce Election. The viva-voce method of election finds application principally in mass meetings—or when an election is not strongly contested and the bylaws do not require election by ballot.

46:38 When there is more than one nominee for a given office in a viva-voce election—or in an election by rising vote or by show of hands—the candidates are voted on in the order in which they were nominated. When the nominations have ended, the chair repeats the nominations and continues:

CHAIR: As many as are in favor of Mr. A for President say aye.… Those opposed say no.… The ayes have it and Mr. A is elected President.

If the noes are in the majority the wording is:

CHAIR: The noes have it and Mr. A is not elected. Those in favor of Mr. B [the next nominee] say aye.… Those opposed say no.…

As soon as one of the nominees receives a majority vote, the chair declares him elected and no votes are taken on the remaining nominees for that office. The other officers are elected in the same way. When a number of members are to be elected to identical offices in the nature of a single office held by more than one person—as, for example, in electing four directors—the same procedure is followed; when four have received a majority, the voting ceases.

46:39 It will be seen that, under the procedure just described, it is necessary for members wishing to vote for a later nominee to vote against an earlier one. This fact gives an undue advantage to earlier nominees and, accordingly, a voice vote is not a generally suitable method for electing the officers of organized societies.

46:40 If only one person is nominated and the bylaws do not require that a ballot vote be taken, the chair, after ensuring that, in fact, no members present wish to make further nominations, simply declares that the nominee is elected, thus effecting the election by unanimous consent or “acclamation.” The motion to close nominations cannot be used as a means of moving the election of the candidate in such a case.

46:41 The assembly cannot make valid a viva-voce election if the bylaws require the election to be by ballot.

46:42 Roll-Call Election. Although unusual, an election can be held by roll call. Either the first or second procedure described in 46:31 for election by ballot can be generally followed, and the member (or the chairman of a delegation, as the case may be), when called upon, declares his vote or the votes of the members of his delegation for each office to be filled. The secretary records the vote(s) and then repeats them to be sure of their accurate recordation.

46:43 Cumulative Voting. For ballot or roll-call elections of boards, committees, delegates, or other positions held by more than one individual, the bylaws may provide for cumulative voting. In this form of voting, each member is entitled to cast one vote for each position, so that if, for example, three directors are to be elected, each member may cast three votes. These votes may all be cast for one, two, or three candidates, as the voter chooses. A minority group, by coordinating its effort in voting for only one candidate who is a member of the group, may be able to secure the election of that candidate as a minority member of the board. However, this method of voting, which permits a member to cast multiple votes for a single candidate, must be viewed with reservation since it violates the fundamental principle of parliamentary law that each member is entitled to one and only one vote on a question.

46:44 Providing for Completion of an Election. An election should be completed at the session at which it is taken up, unless it is impossible or impractical to do so. If an assembly wishes to adjourn when an election is incomplete, an adjourned meeting (9) should therefore be provided for. If such an adjourned meeting is not provided for and the organization will hold another regular business session before a quarterly time interval has elapsed (see 9:7), the election is taken up automatically at the next regular meeting. (Cf. 14:12.)

46:45 If, for any reason, the assembly does not complete an election at the time for which it was scheduled, it should do so as soon as possible and may do so at any time until the expiration of the term the election is to fill. In the meantime, if the term of office extends until a successor is elected (see 56:28–30) failure to complete an election leaves the incumbent, if any, in office. Otherwise, a vacancy in office arises (see 47:57–58 for procedures for filling vacancies). Once the election is completed, however, the person elected replaces anyone who filled the vacancy. Failure to hold or to complete an election at the scheduled time does not deprive the membership of its right to elect an officer of its choice.

46:46 Time at Which an Election Takes Effect. An election to an office becomes final immediately if the candidate is present and does not decline, or if he is absent but has consented to his candidacy. If he is absent and has not consented to his candidacy, the election becomes final when he is notified of his election, provided that he does not immediately decline. If he does decline, the election is incomplete, and another vote can be taken immediately or at the next meeting without further notice. After an election has become final as stated in this paragraph, it is too late to reconsider (37) the vote on the election.

46:47 An officer-elect takes possession of his office immediately upon his election’s becoming final, unless the bylaws or other rules specify a later time (see 56:27). If a formal installation ceremony is prescribed, failure to hold it does not affect the time at which the new officers assume office.

46:48 Contesting the Announced Result of an Election. Depending on the circumstances, the voting body may be able to order a recount if an election was conducted by ballot (see 45:41), roll-call vote (see 45:54), or counted vote (see the last sentence of 45:15). In the case of a roll-call vote, a recapitulation may be possible (see 45:51). It may be possible, under some circumstances, to order that the election be voted on again by another method (see Retaking a Vote, 30:6).

46:49 Otherwise, an election may be contested only by raising a point of order. The general rule is that such a point of order must be timely, as described in 23:5. If an election is disputed on the ground that a quorum was not present, the provisions in the last sentence of 40:12 apply. Other exceptions to the general timeliness requirement are those that come within the five categories listed in 23:6, in which cases a point of order can be made at any time during the continuance in office of the individual declared elected. For example:

a) If an individual does not meet the qualifications for the post established in the bylaws, his or her election is tantamount to adoption of a main motion that conflicts with the bylaws.

b) If there was a previously valid election for the same term, the subsequent election of another is the adoption of a main motion conflicting with one still in force.

c) If the votes of nonmembers or absentees in the election affect the result, action has been taken in violation of the fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken.

d) If an election to fill a vacancy is held without required previous notice, action has been taken in violation of a rule protecting the rights of absentees.

e) If a number of members sufficient to affect the result are improperly prevented from voting in an election, action has been taken in violation of a rule protecting a basic right of the individual member.

46:50 Because the voting body itself is the ultimate judge of election disputes, only that body has the authority to resolve them in the absence of a bylaw or special rule of order that specifically grants another body that authority. Thus, for example, when an election has been conducted at a membership meeting or in a convention of delegates, an executive board, even one that is given full power and authority over the society’s affairs between meetings of the body that conducted the election, may not entertain a point of order challenging, or direct a recount concerning, the announced election result. While an election dispute is immediately pending before the voting body, however, it may vote to refer the dispute to a committee or board to which it delegates power to resolve the dispute.

Footnotes to Chapter XIV