MindBenders - Parliamentary Procedure

Mind Benders and Brain Teasers:

This is where we will post questions and situations that will test your knowledge of parliamentary procedure. If you have a parliamentary Mind Bender or Brain Teaser that you would like to share, send it to mindbenders@parlipro.org and we will print the best ones here. Unless otherwise noted, the parliamentary authority is Robert's Rules of Order Newly Revised (RONR), 10th edition. The informal parliamentary opinions expressed here follow general principles of parliamentary law and Robert's Rules of Order Newly Revised (RONR), 10th edition, and are based solely on the brief summary of facts presented, without the benefit of having reviewed the bylaws and other governing documents. An association's own bylaws, covenants, Articles of Incorporation, Special Rules of Order, and local or state laws will supersede what RONR says. A significant difference in facts could result in different conclusions being reached. If there is much at stake, readers are encouraged to seek a formal written parliamentary opinion from a Professional Registered Parliamentarian, which includes a thorough review of the organization's bylaws and governing documents. Nothing here should be construed as an interpretation of statutory law.

Answer to Mind Bender for December 2002:

Unless the bylaws say otherwise, the President alone is not authorized to accept a resignation. Because the Secretary was "elected" by the general membership, that is the body who would normally accept a resignation. In this case, however, the bylaws give the board authority to fill vacancies in office, so the board is empowered to accept the resignation. The President presumed to accept the resignation on behalf of the board, which was overstepping her authority.
Because the resignation has not yet been properly accepted by the board to create a vacancy in the office of Secretary, the President has no authority to mail out ballots. By this process of effectively opening and closing nominations outside of a meeting, the President has denied members of the board their right to nominate other candidates for the office of Secretary.
When the bylaws prescribe "ballot" vote, that means SECRET vote. RONR gives the method of conducting a secret ballot by mail on pp. 409-411 and involves using an inner return envelope to maintain confidentiality, while assuring the integrity of the voting process. In this case, no inner return envelope was provided.
The instructions on the ballot indicate that it should be completed and returned "as soon as possible". A definite date and time should have been given for closing the polls.
RONR says on p. 399-400: "In elections 'for' and 'against' spaces or boxes should not be used. They are applicable only with respect to votes on motions...and a voter can vote against one candidate only by voting for another who has been nominated or by writing in the name of another candidate."
There should be a space on the ballot for write-in votes. Unless the bylaws say otherwise, write-in votes are permitted.