Parliamentary Opinions II #7

An exercise to study Parliamentary Opinions II which is based on the Opinions Column in the Parliamentary Journal published by the American Institute of Parliamentarians.

Pick the best answer or answers based on Parliamentary Opinions II. If there are check boxes, there may be more than one answer.

Is it permissible for the author of a proxy to write a limitation into it?
1. Yes, this is perfectly acceptable.
2. Yes, this is a requirement.
3. No, this may not be done.
4. No, this may not be done unless the assembly gives permission.
The bylaws call for the membership to elect a nominating committee. A member moves that the members of the executive committee be elected as the nominating committee. The president is on the executive committee. Is this motion to elect the executive committee as the nominating committee proper?
1. Yes, if all the members of the executive committee are otherwise eligible to be on the nominating committee.
2. Yes, but it is not recommended as you have only the officers nominating people to be officers.
3. No. In particular, the president cannot be on the nominating committee.
4. No. Members of one committee cannot be elected to another committee.
The bylaws call for the election of a nominating committee. A member moves that the Executive Committee serve as the nominating committee. Is this proper?
1. No. One committee's job cannot be assigned to another committee.
2. Yes. It is proper to elect the Executive
  Committee as the nominating committee.
3. No as the president is on the Executive Committee.
4. Yes. This is a commonly used procedure.
What should an organization do if it has trouble getting people to serve on the nominating committee?
1. Announce the formation of the nominating committee well in advance.
2. Distribute the bylaw provisions about the nominating committee.
3. Placement of nominations early in the meeting so that problems can be solved.
4. Amend the bylaws to correct problems that arrive.
What should an organization do if the same people keep getting elected to the nominating committee?
1. Nothing if the organization is happy with this.
2. Term limits on serving on the nominating committee will insure a change of membership.
3. Offering more candidates at the time of election may help.
4. A member may never serve more than one term on the nominating committee.
Is it a good idea to have the president-elect serving on the nominating committee?
1. No. This is the same as the president serving on the committee.
2. Yes. This is a very good role for the future leader of the organization.
3. No. The nominating committee should not have any officers serving on it.
4. Yes, most parliamentary authorities require the president-elect to serve on the committee.
If some of the members of the nominating committee do not agree with the final report, what can they do?
1. They may refuse to sign the final report.
2. They can prepare a minority report.
3. They may make their own nominations from the floor.
4. Disagreement is not permitted.
The nominating committee presents a report that says that it does not support one of the candidates it is nominating. Is this proper?
1. No as by nominating the candidate, it supported that candidate.
2. Yes. The nominating committee has the right to comment on candidates.
3. No. The report can only list the candidates.
4. Yes. The nominating committee is required to comment on candidates.
The nominating committee submits a report with all members signing the report. Can individual members of the committee make other nominations during nominations from the floor?
1. Yes. They retain their rights as members.
2. No. By agreeing with the report, the individual members have used up their nominating rights.
3. Yes. Just because a nominating report has been submitted does not mean that people are nominated.
4. No. Nominations from the floor are for members who were not on the committee.
Should a member who does not agree with the nominating report sign it?
1. Yes. This serves as an indication that this is the actual report.
2. No if the member strongly disagree with the report.
3. Yes. He can add a qualification to his signature.
4. No as the signature would end the member's right to make nominations.
A ballot has ended in a tie. Ballots are being passed out for the second round of voting. A member wants to debate the qualifications of the candidates. Is this proper?
1. No as the voting process is going on.
2. No but the assembly can move to reopen nominations as long as no ballots have been cast in the second round.
3. Yes especially if the bylaws call for seconding speeches.
4. Yes as this is a basic right of the members.
If controversial issues are to come before an assembly, what should be done about tellers?
1. An adequate number should be appointed.
2. There should be separate tellers for rising votes and ballot votes.
3. Any elections should be held early in the sessions.
4. There should be a separate chair of the tellers to run things.
Before an election, the president declared all offices vacant. Is this proper?
1. No, unless the bylaws give the president such an authority.
2. No, it is not necessary or common to declare the offices vacant before an election.
3. Yes as only vacant offices can be filled by an election.
4. No as offices are automatically vacant before the election.
The term of office is "... or until the successor is elected." The person elected to one office declines the office. Is the office vacant?
1. No, the old holder of the office remains until somebody else is in the office.
2. No, the member may not decline the office.
3. Yes. A person was elected and then resigned.
4. Yes. Once the election started the office was vacant.
At a special meeting, an officer is removed from office. Can the assembly then fill the vacant office?
1. No unless the election was specifically mentioned in the call of the meeting.
2. No. Only the board can fill a vacant post between elections.
3. Yes as the election was implied by the call stating that the meeting was about disciplining an officer
4. Yes. Any meeting can fill any vacant office.
At a general meeting, an office is vacant. The bylaws state that the board fills vacant offices. Can the general meeting fill the office?
1. No. The bylaws are specific as to who fills vacant offices.
2. Yes as a general meeting always has authority over the board.
3. Yes. When an office is vacant it must be filled immediately.
4. No. It takes notice to fill an office.
If an election is found to be invalid and the terms of office were a fixed term, who presides?
1. It is probably best to have the old presiding officer preside.
2. The assembly has the right to elect a presiding officer.
3. The candidate who was elected at the invalid meeting should preside.
4. There is no presiding officer. The Parliamentarian runs things.
The bylaws state that the secretary can be instructed to cast the single vote in an election if there is only one candidate. What vote is needed to so instruct the secretary?
1. A unanimous vote is needed. If even one person votes against the motion, the secretary cannot cast the single vote.
2. A majority vote is needed. The principle is a majority vote.
3. A two-thirds vote as the members are giving up a basic right.
4. This cannot be done even if it is in the bylaws.
The bylaws require that the election of officers be held at a certain meeting with notice given twenty days before. If the notice requirement is not met, is the election valid?
1. No. The requirement of notice must be met. The elections should be held at the next meeting that notice can be given before.
2. No. The elections must be delayed a full year as they are required to be held at a certain meeting.
3. Yes. The requirement of the certain meeting takes precedence over the notice.
4. Yes. An election is an election.
The officers were elected by a plurality and not a majority. Can the election be challenged and for how long?
1. Yes, it can be challenged at any time as this is a continuing breach.
2. Yes, it can be challenged but it must be done at the meeting where the election was held.
3. No. Once officers take office, they cannot be challenged.
4. No. Plurality elections are perfectly valid.