Colorado Medical Society

WHEREAS, the Constitution & Bylaws Committee was charged with strengthening the procedures for counting ballots and establishing methods for challenging elections, therefore be it

RESOLVED, that the Bylaws be amended as follows:

Chapter XI – Elections

Section 2. Balloting. All elections shall be by secret ballot; provided, that if after reasonable time has been given by the Chair only one person has been nominated for an office to be filled, the Speaker may close the nominations and call for election by viva voce vote. A majority of all votes cast for any individual office shall be necessary to elect, and if on any ballot no nominee shall receive a majority of votes cast, the name receiving the smallest number of votes shall be dropped from the list of nominees and the balloting proceed in this manner until one person is elected. The presiding officer of the House of Delegates will announce the number of votes to cast on each ballot. Any ballots containing more votes will not be counted.

Section 3. Teller Committee. The Speaker of the House shall appoint a Teller Committee for the purpose of counting ballots. The Committee shall be comprised of the Sergeant-at-Arms, the Assistant Sergeant-at-Arms and two delegates. If any member of the Teller Committee is from the same component society as any candidate in a contested race, he/she shall be replaced with a delegate. The Sergeant-at-Arms and one delegate will count half the ballots while the Assistant Sergeant-at-Arms and the other delegate count the other half of the ballots. Upon completion of the first count, the Tellers will trade ballots and count again. If necessary, the ballots will be counted a third or more times to ensure accuracy. The Sergeant-at-Arms will present the report of the tally to the presiding officer of the House of Delegates. The tally will contain the number of ballots cast and the number of votes received by each candidate with the numbers spelled out, i.e., thirty-two. The tally will be signed by each member of the Teller Committee.

Section 4. Challenges to Election. If a challenge to an election is to be made, it must take place during the election or no later than seven calendar days after the election. If the reasons for challenging the election appear to be plausible – for instance, that ineligible persons have voted, that there was negligence in conducting the election, that that the elective process did not follow Bylaw requirements – an investigation will be made by the Teller Committee. The Teller Committee will conduct a hearing and report its findings to the Speaker and Vice Speaker of the House of Delegates who will report to the Board of Directors. The Board of Directors will consider and certify the results of the election.

Section 5. Election Results are Final. Barring any challenges, the vote as certified by the tellers and announced by the presiding officer is final. Ballots will be destroyed eight days following the meeting unless the results are challenged. Ballots will be destroyed following the ultimate decision issued by the House of Delegates.

Section 6. Vacancies. Elections to fill vacancies shall be for the unexpired term. If the President and President-elect are unable to serve, as determined by a two-thirds vote of the voting membership of the Board of Directors, the immediate Past President shall serve as Acting President, until a new President and/or a new President-elect have been elected and installed at the next meeting of the House of Delegates. If the Past President is unable to serve, the Treasurer shall serve as Acting President until a new President and/or President-elect have been elected and installed at the next meeting of the House of Delegates.

Section 7. President-elect, AMA Delegate, AMA Alternate Delegate, Speaker of the House and Vice Speaker of the House; Nominations for these offices will be closed at the end of the opening session of the House of Delegates at the Annual Meeting.

Section 8. Grievance Review Committee. Members shall be elected to represent each of the judicial districts as provided in the Bylaws. On the Grievance Review Committee, when possible, at least one member should be a Society member who has had legal training, and one member should be a qualified psychiatrist.

Section 9. Election and Installation. Elections shall be held at the second Meeting of the House at each Annual Meeting. Installation of those elected shall occur at an appropriate time during the Annual Meeting.

FISCAL IMPACT: None