Serving
Riverside County
Parliamentarian
Parliamentarian Facts | Nominations and Elections | Bylaws Cover Sheet
Bylaws
Document which contains PTA’s basic rules as an organization;
Bylaws are rules that may be amended only with prior notice to the membership;
Must be approved by a 2/3 majority of the membership present (no proxy voting).
Bylaws cannot ever be suspended;
Define the primary characteristics of the organization and how it functions;
Usually contains name, purposes, members, officers and duties, meetings, committees, parliamentary authority and amendment procedure;
When an item is not specified in bylaws, the parliamentary authority prevails (Robert’s Rules…);
Proposed bylaws amendments must be submitted through the channels to the California State PTA for approval prior to submission to the membership for adoption.
Standing Rules
Rules related to the details and policies of administrating the monthly PTA work;
May be changed from administration to administration or from meeting to meeting;
May be suspended for a particular meeting with the vote of the majority of members present and voting;
May not contain any directions or procedures contrary to any provision in the bylaws.
How do Standing Rules Differ from Bylaws?
Bylaws state when the meetings of the association and executive board are held; Standing Rules tell where and what time these meetings are held.
Bylaws identify the primary responsibilities of officers; Standing Rules list the specifics.
Examples:
If the bylaws state that the executive board will meet monthly during the school year, the Standing Rules would provide details as to the time and day of the month for that meeting.
If the bylaws state that the second vice president shall also serve as the membership chairman; the Standing Rules may state that the membership chairman will conduct membership enrollment of the organization annually.
The procedure book should contain details of the membership campaign, theme, flyer samples, yearly totals, etc.
By Susan Elliott, 2004-05 Parliamentarian
The election of officers is one of the most important duties of the Association. Officers should be chosen for their abilities and their willingness to serve the Association. The Nominating Committee should have selected one nominee for each office to be filled and should have submitted the names of the nominees to the membership at least thirty (30) days prior to the annual election meeting, at an association meeting, through a posted flyer, or in a newsletter. Your Bylaws reflect the month for your unit’s annual election meeting on page 5, Article V, Section 3g. Advance written notice of the election meeting must be provided to the membership.
The Election Meeting
· The President presides at the Election Meeting.
· The privilege of voting is limited to members of the association who are present, whose dues are paid, and who have been members of the association for at least thirty (30) days. The Secretary brings a current membership list to the meeting.
· Election of officers is held at the annual meeting and will come under “New Business” on the agenda. The President calls upon the Parliamentarian to read the sections of the Bylaws pertaining to nominations and elections. (Pages 4 - 6, Article V, Sections 1 - 12)
· After the Parliamentarian has finished the President calls upon the Chairman of the Nominating Committee to read the report of the Committee. If a nominee has withdrawn prior to the election and another nominee has been selected, the Chairman will read a revised report to inform the membership of the new nominee.
· The President restates the slate of nominees and asks each one to stand. The President conducts the election of the officers even if he/she is nominated for an office. The President thanks the Nominating Committee for its report and states, “According to our Bylaws, nominations from the floor are now in order.”
· The privilege of nominating from the floor is extended to members of the Association who are present, whose dues are paid, and who have been members of the Association for at least thirty (30) days. A qualified member may nominate himself/herself. Nominations do not require a second, only the nominee’s consent.
· The President can:
a) Ask for additional nominations for all positions in the order which they are listed in the Bylaws for Local PTA/PTSA Units, Article V, Section 2, before closing nominations for all elected offices and then proceed with the election; or
b) Ask for additional nominations for each position, one at a time, in the order in which they are listed in the Bylaws for Local PTA/PTSA Units, Article V, Section 2, and then proceed to elect the officer after nominations are closed on each position.
· The President says:
“__________ has been nominated for President. Are there further nominations for President?” (PAUSE.) “__________ has been nominated for Vice President, are there further nominations for Vice President?” (PAUSE.) This procedure is used for each office.
· The President then says:
“Are there further nominations for any of these offices? (PAUSE.) “Hearing none, I declare the nominations closed. The bylaws state that where there is but one nominee for an office, the ballot may be dispensed with, and the election held by voice. Is there any objection to this procedure?” (PAUSE.) “Hearing none, the following are presented for election: __________ for President, __________ for Vice President, etc.” After all offices have been presented the vote is taken.
· The President then says:
“The ayes have it, and you have elected the following officers.” The President restates names and offices.
Officers are elected by a majority vote of those present, providing the quorum, as stated in the Bylaws, has been met.
VOICE VOTE
If there is but one nominee for any office, the ballot vote for that office may be dispensed with, and the election held by voice vote, as described above. If a member requests a vote by ballot for any office, the request must be recognized and voted upon without debate.
TWO OR MORE NOMINEES FOR OFFICE
When there are two or more nominees for an office, the election shall be held by ballot, as stated in the Bylaws. The Secretary should have ballot slips available. Even if the Nominating Committee presents only one name for each office, there is the possibility that nominations will be presented from the floor.
BALLOT VOTE
1. When there are two or more nominees for an office, the election is held by ballot. To verify eligibility to vote, the membership list must be checked before ballots are distributed. The Secretary has the official membership list. If a membership list is not available, all present will be allowed to vote. If it is known prior to the election meeting that there will be two or more nominees for any office, ballots may be distributed at a registration table as members arrive for the meeting and present their membership cards.
2. The President appoints a Tellers Committee, including a Chairman and at least two tellers, whose duties are to distribute, collect, and count the ballots. Ballots may also be collected in a ballot box.
3. The President requests all members eligible to vote to rise and be counted. This count will determine the number of ballots to be tallied.
4. A nominee for an office cannot be involved in the election procedure as a teller who collects ballots and counts votes.
5. Blank ballots are not counted.
6. Illegal ballots are counted to determine the number of votes cast, but are not applied as a vote for or against any nominee. Ballots are considered illegal if:
They are unintelligible;
They contain the name of a nominee who is not a member; or
Two or more filled out ballots are folded together. These are recorded as one illegal vote.
7. In a contested election, each nominee may designate a person as an observer at the time the ballots are counted.
8. If another vote is necessary, the voting membership must be recounted to establish the number of ballots to be tallied. If a member eligible to vote was not present when the original ballot was cast but arrives in time for another vote, the member is entitled to vote.
9. The results of the voting are reported by the Chairman of the Tellers, in writing to the President, as follows:
Number of members eligible to vote __________
Number of votes cast __________
Number needed to elect __________
(Nominee) __________ received __________
(Nominee) __________ received __________
Each teller signs the Tellers’ Report.
10. This procedure is repeated for each contested office. The President announces the results. Unless requested, the President does not have to announce the number of votes cast for each nominee, but the complete Tellers’ Report must be recorded in the minutes. Following the announcement of the vote, the Chairman of the Tellers moves that the ballots be destroyed
11. It is permissible to use these two procedures in one election by using voice vote for uncontested offices and a ballot for those that have two or more nominees.
12. A challenge to the election procedure or outcome must be made during the election meeting. For additional information, see Robert’s Rules of Order Newly Revised – Point of Order section.
Can one person be nominated for more than one elected office?
Yes. However, a member can serve in only one capacity at a time. In such a case, if the person elected to two or more offices is present, he/she can choose which office he/she will accept. If he/she is absent, the assembly should decide by vote the office to be assigned, and then elect others to fill the other office(s).
If no one receives a majority of the ballot votes cast, what happens?
If no one receives a majority of the votes cast, the Chairman of the Tellers states, “There is no election,” and another ballot is taken. In the event of a tie vote, the Association must continue voting until someone receives a majority vote.
What if an office remains unfilled after the election meeting?
If an office remains unfilled after election, it shall be considered a vacant office to be filled by the board-elect. A vacancy occurring in any office shall be filled for the unexpired term by a person elected by the Executive Board. Election to fill a vacancy shall require a majority vote of the Executive Board, with at least ten (10) days previous notice. If notice is not given, the election to fill the vacancy shall require a two-thirds (2/3) vote. The Executive Vice President or First Vice President shall serve notice of the election to the Executive Board, in case a vacancy occurs in the office of President.
By following proper procedures, the PTA/PTSA unit will have successfully elected a new board of energetic and enthusiastic officers to the lead the organization to a bright and positive future!
Sources:
Bylaws for Local PTA/PTSA Units – June 2004
California State PTA Toolkit – 2004
Annual Resources for PTAs: Leadership – 2004-2005
PTA University Extension Class: Nominations and Elections – October 2002