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Tricky election topic

Started by SheilaR5 • 8 replies • 107 views

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SheilaR5 (California)
Posts: 42
Posted:
I am hoping I can explain this right. We have a five seat board, there has been one vacancy for a long time unfilled. We had our election to where the two board members that position was up were reelected as no one ran. There were also a few votes for a write in candidate. Should the wrote in candidate that got votes take the 3rd empty spot. The current board did not appoint him in at the election but he did get votes? It is still a vacant seat months after the election.
TimB4 (Tennessee)
Posts: 21,059
Posted:
In my opinion, the Board should, at the very least, offer the vacant seat to the write in candidates.
Of course, I am not an attorney.

Keep in mind that a write in candidate may or may not be willing to serve. If they do not want to serve, then the write in was simply a desire.

If there is a vacant seat and you desire to fill it, inform the board of your willingness to serve as a Board member in that vacant seat.
Another option is to declare yourself as a candidate for the position when the Board ask for candidates before the next election.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By SheilaR5 on 04/08/2026, 11:44 PM

We have a five seat board, there has been one vacancy for a long time unfilled. We had our election to where the two board members that position was up were reelected as no one ran. There were also a few votes for a write in candidate. Should the wrote in candidate that got votes take the 3rd empty spot. The current board did not appoint him in at the election but he did get votes? It is still a vacant seat months after the election.

As long as the write-in candidate is willing to serve, and requirements for quorum and being elected to the board are met, the write-in candidate has been duly elected.

If all the aforementioned conditions are met, the other directors have no say as to whether the person is elected or not.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By SheilaR5 on 04/09/2026, 1:44 AM

I am hoping I can explain this right. We have a five seat board, there has been one vacancy for a long time unfilled. We had our election to where the two board members that position was up were reelected as no one ran. There were also a few votes for a write in candidate. Should the wrote in candidate that got votes take the 3rd empty spot. The current board did not appoint him in at the election but he did get votes? It is still a vacant seat months after the election.

The write-in candidate should be contacted about filling the third spot provided they know that others voted for them in the election. The board of directors can't really prevent candidates from emerging. Generally, the board will appoint the officers AFTER the election is held.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By SheilaR5 on 04/09/2026, 1:44 AM

I am hoping I can explain this right. We have a five seat board, there has been one vacancy for a long time unfilled. We had our election to where the two board members that position was up were reelected as no one ran. There were also a few votes for a write in candidate. Should the wrote in candidate that got votes take the 3rd empty spot. The current board did not appoint him in at the election but he did get votes? It is still a vacant seat months after the election.

Yes. The person who was the write in should be contacted and advised he was elected to the board.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By SheilaR5 on 04/08/2026, 10:44 PM

I am hoping I can explain this right. We have a five seat board, there has been one vacancy for a long time unfilled. We had our election to where the two board members that position was up were reelected as no one ran. There were also a few votes for a write in candidate. Should the wrote in candidate that got votes take the 3rd empty spot. The current board did not appoint him in at the election but he did get votes? It is still a vacant seat months after the election.

Subject to your election operating rules, the write-in who got the most votes should fill the seat.
SheilaR5 (California)
Posts: 42
Posted:
The current board does not want him on board so that is why they ignored his write in votes. Since that empty seat was technically not a part of the election (although I don’t understand why a year long vacant seat would not be added to the election) not really sure how it all works. They are purposely keeping the vacant seat until someone they like will want it and they can appoint that person.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By SheilaR5 on 04/13/2026, 1:06 PM

The current board does not want him on board so that is why they ignored his write in votes. Since that empty seat was technically not a part of the election (although I don’t understand why a year long vacant seat would not be added to the election) not really sure how it all works. They are purposely keeping the vacant seat until someone they like will want it and they can appoint that person.

So your board believes they get to decide if a seat is open for election or not?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Technically, if your Board is serving staggered terms, the seat may or may not have been available.

Personally, I think that they should have offered it because he got write in votes.

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