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Answer: YES
Question…
If 3 trustee positions are up for election and a member only
votes for 2, is that ballot valid?
Yes, please see section 91.5 of the statues.
Since it is a statue and not silent on this issue then
Roberts Rules DO NOT APPLY.
NOMINATION AND ELECTION
Section 91.1. All elective officers
whose terms are about to expire shall be nominated annually at the last meeting
in April, and nominations shall be closed at such meeting. Only those candidates
nominated for office shall appear on the written or printed ballot, and there
shall be no write-in candidates on the ballot, nor shall any absentee ballots be
cast. No member shall be placed in nomination for any office unless he be in
good standing and present at the time such nomination is made. If unable to be
present, a candidate for nomination to office must file with the Secretary his
written consent to have his name placed in nomination for such office. If no
candidate is nominated or if the only candidate nominated for any office dies,
withdraws, or for any other reason is unable to be such a candidate prior to the
time of election, such vacancies for candidacy in that office shall be filled in
such manner and method as the Local Aerie by motion in regular or special
meeting shall determine.
Section 91.1 (a) An Aerie, through its
By-Laws, may require a candidate for the office of Trustee to have served three
years as an officer or is a Past Worthy President.
A member may be nominated for more than one (1) office but he must accept one
(1) nomination and withdraw from the other prior to the close of the
nominations. If he fails or refuses to do so, the Worthy President should rule
he is a candidate for the position he was first nominated to, and cancel his
second nomination. No member may hold more than one (1) office at the same time,
unless permitted by the Aerie By-Laws. (Section 80.4) (Opinion No. 91)
A serving Trustee, whose term had not yet expired, is not required to submit
his resignation from that office before he can be placed in nomination for
another elective office. If not elected, he would still retain his office of
Trustee until the end of his term; if elected he would be required to resign, as
no member can hold more than one (1) office at the same time unless permitted by
the Aerie By-Laws (Section 80.4). Upon his resignation, a vacancy would occur in
the office of Trustee, to be filled in the manner determined by the Aerie
(Section 92.1). (Opinion No. 105)
Only a member in good standing of a Local Aerie may be nominated and hold
office in such Local Aerie. (Opinion No. 275)
Section 91.1 (b) An Aerie, through its By-Laws, may require a candidate for the
office of Worthy President to have served (2) years as an officer.
Section 91.2. The Aerie may in its
By-Laws provide that the members be notified as to the time of nomination and
election of Aerie officers, and the manner in which they must be notified.
Section 91.3. The election shall be held annually at the first meeting in May.
Section 91.4. (a) The Aerie may in its By-Laws provide for a printed ballot. The
balloting shall be in open meeting; except that an Aerie may by its By-Laws
provide for the conduct of an election to be held with the polls open not
earlier than 8:00 a.m. on the date of the election and closed not later than one
(1) hour after the starting time of the regular meeting held on that day. Where
such printed ballot is so required in the Local Aerie By-Laws such By-Laws shall
also provide the manner and form in which the names of the candidates for the
respective contested offices shall appear on said ballot.
(b)
Any candidate for office shall be entitled to one (1) observer at each line of
voting delegates, and shall also be entitled to one (1) observer at each group
of Election Committee and tellers who are tallying the ballot.
NOTE: Model Election Rules for adoption by an Aerie in their By-Laws may be
obtained from the Grand Secretary.
The ballots should never be taken out of the Aerie home. They should be locked
in the Aerie safe or some other locked box.
The Aerie may vote to destroy the ballots. (Opinion No. 517)
The use of absentee ballots is contrary to the Laws of the Order. The only form
of ballot is provided for in Section 91.4. (Opinion No. 520)
Section 91.5. A majority of the
votes shall be necessary for election except where there are more than two (2)
candidates for any one (1) office in which instance a plurality of all the votes
cast for such office shall elect.
Where more than one (1) officer is to be elected for any one (1) office, a
ballot shall be counted for any candidate for such office
if marked for one (1) or more candidates
up to the number
to be elected to such office.
In the event of a tie vote for any office, the result shall be settled by lot.
Section 91.6. The incoming Worthy
President shall designate the installing officers for installation ceremonies
for the elected officers, and the installation shall take place on or before the
first meeting in June of each year. If an Aerie conducts an Installation
Ceremony prior to the first meeting in June, the newly installed officers will
assume their offices at the beginning of the first meeting in June, otherwise,
the installation of the officers will be conducted under New Business at that
meeting.
Section 91.7. The procedure and
method of conducting Local Aerie elections may be stated in the Local Aerie
By-Laws, provided they are not in conflict with the Laws of the Order or the
Constitution and Statutes of the Fraternal Order of Eagles. Otherwise, Robert's
Rules of Order will apply.
OPINION’S FROM THE GRAND TRIBUNAL……………………………….
The manner and conduct of holding elections, except as expressly limited or
qualified by the by-laws of the Aerie, is peculiarly one exclusive control and
direction of the Aerie. (Opinion No. 133)
Section 91.1
A member may be nominated for more than one (1) office, but he must accept one
(1) nomination and withdraw from the other prior to the close of the
nominations. If he fails or refuses to do so, the Worthy President should rule
he is a candidate for the position he was first nominated to and cancel his
second nomination. (Section 80.4). (Op. 91)(1955)
A serving Trustee, whose term had not yet expired, is not required to submit his
resignation from that office before he can be placed in nomination for another
elective office. If not elected, he would still retain his office of Trustee
until the end of his term; if elected he would be required to resign, as no
member can hold more than one (1) office at the same time unless permitted by
the Aerie By-Laws (Section 80.4). Upon his resignation, a vacancy would occur in
the office of Trustee, to be filled in the manner determined by the Aerie
(Section 92.1).
(Op. 105)(1955)
An indebtedness resulting from any business transaction with the Aerie owed by a
member otherwise in good standing cannot subject him to the same disabilities or
denial of privileges provided for members in arrears for dues. (Op. 222)(1956)
Where circumstances prevented the nomination and election of a Local Aerie
Trustee at the required dates for nomination and election, a vacancy then exists
at subsequent dates. The Aerie may then, at a later stated meeting, hold both
nominations and election for such office. The election is then a valid one (1)
and the person elected may take office. (Op. 270) (1963)
Only a member in good standing of a Local Aerie may be nominated and hold office
in such Local Aerie. (Op. 275)(1967)
The wording in Section 91.1, Statutes, reference nominations for office "...No
member shall be placed in nomination unless he be in good standing..." is
defined to mean "member of the Local Aerie" holding such nominations. (Op.
275)(1967)
If a member is unable to be present and wishes to be a candidate for nomination
to office, he must file with the Secretary his written consent to have his name
placed in nomination for such office. (Op. 414)(1979)
Where there is no provision in the Aerie By-Laws regulating action when a member
declines nomination for office, it is not necessary for an action of the members
at a meeting to allow the declination to stand. Once a member declines office,
any attempt to withdraw the same is invalid. (Op.
452)(1981)
The Annotated Constitution and Statutes set forth no requirement of notice to
the membership of nominations or elections by mail or publication.
(Op. 511)(1982)
A member
has a right
to
refuse
nomination to any office and once nominations
are closed, the member is not a proper candidate and the procedures of the Aerie
in submitting a ballot without his name is proper. (Op.576)(1983)
10. Where
nominations
for elective office are properly held and closed at the nomination meeting, they
may not be re-opened except where the only candidate nominated for an office
dies, withdraws, or cannot be a candidate for such office prior to election.
(Ap.107)(1967)
Where nominations are properly held, as required, with only one (1) candidate
nominated for an office, such candidate is the only legal candidate at the time
of elections. (Ap.107)(1967)
Section 91
1. The Statutes of the Fraternal Order of Eagles require in Section that
elections be held the first meeting in May. This statute is mandatory and cannot
be changed by Local Aerie By-Laws.
(Op. 519)(1982)
Section 91.3
1. The method of balloting is provided in the Local Aerie By-Laws. This is the
only procedure to be followed. The ballots should never be taken out of the
Aerie home. They should be locked in the Aerie safe or some other locked box.
The Aerie may vote to destroy the ballots.
(Op. 517)
(1982)
2. The use of absentee ballots is contrary to the Laws of the Order. The only
form of ballot is provided for in Section 91.3, Statutes.
(Op.520)(1982)
Section 91.4
1. Where due to unusual and unforeseeable conditions an Aerie is unable to hold
its annual nominations and elections at the times prescribed
by
law, the Grand worthy President, with the approval and concurrence of the Board
of Grand Trustees and the Grand Tribunal, may grant special authority to an
Aerie making application therefor, and upon good cause shown, change the date of
the nominations and election. (Op. 74)(1955)
2. Delegates to a state Aerie Convention are not elective officers of an Aerie,
within the meaning of the laws relating to the annual nomination and election of
elective officers. (Op. 83)(1955)
Where at the time of the annual election votes were cast in excess of those
qualified to vote, and by reason thereof the Aerie voted to declare such
election invalid, the Aerie would be authorized to hold the election at the next
regular meeting, giving notice thereof by mail to the membership. Such election
would not annul or invalidate the nominations previously made, or require new
nominations, unless at the time the election is held it is made necessary for
the reasons set forth in Section 91.1. (Op.124)(1955)
Campaigning
for election of office in Local Aeries or Auxiliaries is not prohibited by our
laws. If any of the campaign material distributed contains any libelous,
scurrilous or slanderous attacks against an opposing candidate, the latter has
recourse by filing charges against the offender. (Op. 125-A)
(1955)
The fact that religion is injected into an election, which while it may subject
the offenders to disciplinary action, would not in and of itself invalidate the
election, unless by direct action of the Aerie it- self, as the Aerie alone
controls the manner and conduct of holding elections.
(Op. 133)(1955)
The manner
and conduct of holding elections, except as expressly prescribed, limited or
qualified by the Laws of the Order, is one (1) that is within the exclusive
control and direction of the Aerie, subject only to appeal from any adverse
decision
by the
Aerie
in the manner and form
prescribed by Section 64.5
of the
Statutes. (No Grand Tribunal Opinion
No.
listed)
An officer-elect may resign from the office to which he was elected in order to
stand for election to another office, which had become vacant. (Op.150)(1955)
The requirement that in the event of a tie for any office, the results shall be
settled by lot, means that the result and accordingly
the
winner of such election contest must be settled by some method involving
"chance." The result must be determined by some method of "lot" or "chance" that
shall be decided upon by the contestants themselves. Such method may be that of
a drawing or the tossing of a coin but must be one (1) that does not involve
others in the making of the decision. (Op. 290) (1970)
When the Aerie members, by a majority vote in meeting, vote to make the Aerie
roster list available to all candidates for Aerie office, without discriminating
as to any candidate, this is an action pertaining to the conduct of the Aerie
election. (Op. 290)(1970)
When action is taken by the Local Aerie to make the roster list available, the
Aerie Secretary shall make such list available to all recognized candidates for
office, during that period of time and for that election only. (Op. 290)(1970)
The Aerie roster list shall not be removed from the custody of the Aerie
Secretary or distributed. (Op. 290)(1970)
Section 91.4 is effective when more than one (1) Trustee is to be elected, there
being no other situation in an Aerie where there is more than one (1) officer in
the same office. (Op. 360)(1977)
A ballot is not void because the voter decided not to vote for either candidate
for one (1) of the offices to be voted upon. (Op. 517)(1982)
Where more than one (1) officer is to be elected for anyone (1) office, no
ballot shall be counted for any candidate for such office unless the member
casting such ballot shall have voted for the number of candidates equal to the
number to be elected for such office. Failure to do so does not invalidate the
entire ballot, just the vote for the office in question. It is a legal ballot
for the other offices voted upon. (Op. 517)(1982)
The ballots should never be taken out of the Aerie home. They should be locked
in the Aerie safe or some other locked box. (Op. 517)(1982)
The Aerie may vote to destroy the ballots. (Op. 517)(1982)
The use of absentee ballots is contrary to the Laws of the Order. (Op. 517)
(1982)
In the event of a tie for any office, the results shall be settled by lot, that
means that the result, and accordingly the winner, of such election contest must
be settled by some method involving chance. This method of lot must be
determined by the contestants themselves.
(Op. 517)(1982)
In the absence of an appeal taken in the manner and form as prescribed by our
laws, the Grand Tribunal has no jurisdiction over election contests involving
disputed questions of fact with respect to the manner and conduct of an election
in which charges of irregularities are made. (Op. 517)(1982)
The only form of ballot is provided for in Section 91.4. (Op. 520)
(1982)
Local Aeries and Auxiliaries cannot file protests of elections with the Grand
Tribunal. The Grand Tribunal recommends they file charges against the Election
Committee and the violating officer or officers.
(Op. 564)(1983)
The rules of our Order and Robert's Rules of Order prevail when an election is
held, the time to object to the election is after the count is reported to the
Aerie. A recount must be requested at that time. Once the ballots are returned
by the Election Committee to the office of Secretary, they are no longer cloaked
with the protection of the Election Committee's role. (Ap. 688)(1985)
When a member challenges the President's ruling refusing a recount, the member's
right on refusal was to appeal the ruling of the Chair to the Aerie as a whole
at that meeting. (Ap. 688)(1985)
Section 91.6
Officers installed at the first meeting in June assume their duties immediately
following their installation.
(Op. 53)(1954)
If an officer-elect fails to present himself for installation at the time fixed
therefor by reason of sickness or unavoidable absence from city, or for other
good and sufficient cause, he may be installed by "proxy." If no good cause
exists, or if he had been elected, then the Aerie by vote of its members, may
declare the office vacant and the vacancy filled as by law provided.
(Section 92.1). (Op. 152)(1955)
The authority to act officially for an Aerie is based upon the Oath of Office
taken by a member legally elected or appointed to an Aerie office. Such oaths
are not dependent for their validity upon the ceremonials of installation and
they are not affected by irregularities in such ceremonies.
(Op. 268)(1962)
No one who is to be installed as an officer should be selected to be on the
Installation Team. No non-member should serve as proxy for an officer being
installed. (Op. 530)(1982)
Installation of officers at the first meeting in June is mandatory but does not
prohibit the Aerie or Auxiliary, either individually or jointly, from conducting
a "Ceremonial Installation" of officers prior to the first meeting in June.
(Op.
569)(1983)
Section 91.7
The Grand Tribunal has no jurisdiction over election contests unless charges are
filed, a trial is held, and an appeal is taken under Section 64.1. (Op. 133)
(1955)
The manner
and conduct of holding elections,
except as expressly limited or qualified by the by-laws of the Aerie, is
peculiarly one within the exclusive control 'and direction of the Aerie. (Op.
133)(1955)