Verifying Nominees
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VERIFYING NOMINEES

If a member nominates someone other than himself, the nomination is valid provided the nominee is qualified for election to the board. The nominee need not be contacted in advance of being placed on the ballot. (Robert's Rules, 11th ed., p. 434.)

Risk of Unverified Nomination. The risk with not checking with the nominee in advance of the vote is that he/she may be elected to the board and then decline to be seated. This means that everyone who voted for the nominee wasted their votes. The seat would go to the next person with the highest number of votes. If there is no one else, the seat remains vacant until the board appoints someone to fill the seat (unless the bylaws call for a different method for filling the seat). This might occur with floor nominations and write-in candidates.

Election Rules. To avoid this problem, election rules should be amended to state that nominations other than self-nominations are valid only if the candidate accepts the nomination in advance of the vote and meets the qualifications of a director.

Qualifications. Inspectors of Election are not required to verify the qualifications of nominees. If the bylaws require that directors be owners, the Inspector is not required to pull title for each of the nominees to see if they are owners. However, any owner may challenge the qualifications of any nominee.

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Adams Stirling PLC