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Invalid Elections

16 years 9 months ago #137055 by EnchantedLeader
According to the group's bylaws, elections are held at X meeting in Y month. Special elections can be held if the membership is given so many days notice of the special election. All positions with multiple candidates require a ballot vote.

One former board member orchestrated a special voice election for a hand picked board without notifying the membership. During this special election, the former board member claimed an officer position which hadn't been vacated. This person lied about the previous officer's eligibility to remain in office and nobody had a copy of the bylaws with which to challenge the lie.

The now-outgoing officer attempted to challenge the validity of the election, but the principal demanded a voice vote and refused to acknowledge the existing officer as a candidate.

A good officer was pushed out of a position based on devious behavior and lies. He wants to remain in his position - or at least have the opportunity to be voted out.
16 years 9 months ago #137047 by OneandOnly
Replied by OneandOnly on topic RE: Invalid Elections
They would need to bring the subject up at the first meeting so the issue is put on record and a part of the minutes. The bylaws should be read as to how elections are to be conducted within that organization and then the concern raised how the bylaws were not followed. After a discussion (let the board address the concern) you can ask that another election be held according to the bylaws.
However, be sure that you have members that wish to be elected into office. If this concern is only being raised to rattle the present board, I would just state the concern, but not request another election. Your point would be to make it known that bylaws were not followed, but due to the lack of candidates that wish to run, a new election is not being requested. A new election would be disruptive and delay all business for the year and could be counterproductive for the teachers and student events at the school. So just be sure whatever you do, its for good reason

Doing it for my one and only ~~ my son!
16 years 9 months ago #137040 by JHB
Replied by JHB on topic RE: Invalid Elections
PTO's are generally independent groups, often operating informally. Since they aren't usually part of a larger organization, there's no place to "report" them for not following bylaws.
  • Membership - ideally the general membership governs its own group via elections and voting on actions. You can raise this as an issue at a general meeting.
  • Principal - as a vested stakeholder in the PTO, the principal might be a resource - but that's if he/she agrees with you and is willing to get involved. For instance, in my elementary - if it were brought to the attention of the principal that, for example, the PTO was running a raffle that conflicted with state law, our princiapl would have met with the president to discuss the situation. On a bylaws matter, she probably wouldn't have gotten involved.
  • District offices - If (big if) your school district has some guidelines that groups such as the PTO must follow and this action violates those guidelines, you might consult them. Again, they are unlikely to get involved.
  • IRS - if they are a 501(c)(3) and their actions violate that status, you could report them to the Feds. But I'd be very reluctant to take that course of action. Plus - it's probably not appropriate. If this were a situation where the PTO officers were lining their pockets or being a front for inappropriate political activity, that's one thing. The IRS won't particular care about bylaws squabbles.
Sorry, but there's no easy answer.
16 years 9 months ago #137029 by PresidentJim
Replied by PresidentJim on topic RE: Invalid Elections
How/why were they invalid? What does this group's Bylaws state?

presidentJim
16 years 9 months ago #137027 by EnchantedLeader
Anything? A nearby group held invalid elections and board members want to challenge them.
16 years 10 months ago #136820 by EnchantedLeader
Is there a procedure for challenging elections that violated the local unit's bylaws?
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