Wednesday, February 17, 2021

Instructions for the Election of Posts and District Officers

Subject: INSTRUCTIONS FOR THE ELECTION OF POST & DISTRICT OFFICERS FOR THE LEGION YEAR 2021-2022.

POSTS

It is the intent of the Department of Michigan for post to hold their meetings in person according to the Post Constitution and Bylaws. If an in-person meeting is allowed in the posts location, then all other methods are not allowed. In this case the vote shall be held in accordance with the post Constitution and Bylaws. 

However, should National, State or Local regulations prevent in person meetings post are being instructed to hold their nominations by one of the following methods: 

Method 1. Post may hold an election by remote communication, by either video conference or by a voice conference call, to take a voice vote if all of the following are met:

The Posts may hold a meeting by means of remote communication, by either video conference or by a voice conference call, to take a voice vote if all of the following are met:

i. The Post implements reasonable measures to verify that each person that is considered present and permitted to vote at the meeting by means of remote communication is a Post member in good standing and gives their member ID number found on their membership card.

 ii. The Post implements reasonable measures to provide each Post member a reasonable opportunity to participate in the meeting and to vote on matters submitted to the Post members, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with the proceedings,

iii. Nominations may be made during the electronic conference.

iv. If any member votes or takes other action at the meeting by a means of remote communication, a record of the vote or other action is maintained by the post. 

v. Physical in person quorums are waived. The quorum of the post remains the same as in the current post bylaws. A sufficient number of members signed into the remote communication will constitute a quorum.

vi. The candidate with the majority vote will be considered elected.

Method 2. The Posts may hold an election by email if all the following are met:

i. The Post Adjutant shall call for nominations prior to the election by electronic means 20 days prior to the election.

ii. Email nominations must be submitted to the Post Adjutant 14 days prior to election.  No new nominations may be added after this date.

iii. The proposed ballot containing all nominated candidates must be emailed to all members in good standing 12 days prior to the election.

iv. Any objections pertaining to omitted candidates must be made prior to 10 days before the election, and the finalized ballot must be emailed to all members in good standing 10 days prior to the election.

v. Members must include their member identification number in the body of the email for their vote to be valid.

vi. All votes must be submitted on the date of the election.

vii. Post Adjutants must verify that each vote is made by a member in good standing, and that each member has only voted one time.

viii. Physical in person quorums are waived. The quorum of the post remains the same as in the current post bylaws. A sufficient number of members that send in an email ballots will constitute a quorum.

ix. The candidate with the majority vote will be considered elected.

Method 3: The Posts may hold an election by mail if all the following are met:

i. The Post Adjutant shall call for nominations for election of post officer by means of mail 30 days prior to the election.

ii. Nominations must be mailed to the Post Adjutant 21 days prior to election.  No new nominations may be added after this date.

iii. The proposed ballot must be mailed to post members in good standing 14 days prior to the election.  

iv. Challenges to the ballot must be received by the Post Adjutant prior to 7 days prior to the election, and final ballot must be mailed to all Post members in good standing 7 days prior to the election.

v. Members must provide their member identification number on the ballot for their vote to be valid.

vi. Ballots must be postmarked prior to or on the date of the election to be valid unless the post member demonstrates that the ballot was not received prior to the election.  Acceptance of any such ballot shall be at the discretion of the post.

vii. Post Adjutants must verify that each vote is made by a member in good standing, and that each member has only voted one time.

viii. Physical in person quorums are waived. The quorum of the post remains the same as in the current post bylaws. A sufficient number of members that mail in ballots will constitute a quorum.

ix. The candidate with the majority vote will be considered elected.

Newly elected Post Officers shall assume their positions in accordance with Post traditions, and installations are waived until a face-to-face meeting is possible.

Method 4:  The post may hold an election by ballot without being in session if all the following are met:

i. The Post Adjutant shall call for nominations prior to the election by electronic means 20 days prior to the election or by U.S. Mail 30 days prior. 

ii. Nominations must be submitted to the Post Adjutant 14 days prior to election.  No new nominations may be added after this date.

iii. The proposed ballot must be made available to all members that visit the polling location at the post.

iv. The date and time must be set in advanced and all members notified when and where they can vote. 

v. Members must show their membership card, an accurate roster must be kept at the polling location and member names must be marked in a manner that indicates that they have voted in the election. 

vi. A minimum of two members must man the polling location at all times.

vii. All votes must be submitted on the date of the election.

viii. Post Adjutants must verify that each vote is made by a member in good standing, and that each member has only voted one time.

ix. Physical in person quorums are waived. The quorum of the post remains the same as in the current post bylaws. A sufficient number of members voting by ballot will constitute a quorum.

x. The candidate with the majority vote will be considered elected.


DISTRICTS

Method 1: The District may hold a meeting by means of remote communication, by either video conference or by a voice conference call, to take a voice vote if all of the following are met:

i. The District implements reasonable measures to verify that each person that is considered present and permitted to vote at the meeting by means of remote communication is a Post member in the District and is in good standing and gives their member ID number found on their membership card and Post number.

 ii. The District implements reasonable measures to provide each District member a reasonable opportunity to participate in the meeting and to vote on matters submitted to the District members, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with the proceedings,

iii. Nominations may be made during the electronic conference.

iv. If any member votes or takes other action at the meeting by a means of remote communication, a record of the vote or other action is maintained by the District. 

v. Physical in person quorums are waived. The quorum of the District remains the same as in the current District bylaws. A sufficient number of Post signed into the remote communication will constitute a quorum.

vi. The candidates with the majority vote will be considered elected.

Method 2: The District may hold a vote by email if all the following are met:

i. The District Adjutant shall call for nominations prior to the election by electronic means 20 days prior to the election.

ii. Email nominations must be submitted to the District Adjutant 14 days prior to election.  No new nominations may be added after this date.

iii. The proposed ballot containing all nominated candidates must be emailed to all Posts 12 days prior to the election.

iv. Any objections pertaining to omitted candidates must be made prior to 10 days before the election, and the finalized ballot must be emailed to the Posts in the District 10 days prior to the election.

v. Members must include their member identification number and Post number in the body of the email for their vote to be valid.

vi. All votes must be submitted on the date of the election.

vii. District Adjutants must verify that each vote is made by a member in good standing from a post in the district, and that each member or post has only voted one time depending on the districts’ traditions. 

viii. Physical in person quorums are waived. The quorum of the district remains the same as in the current district bylaws. A sufficient number of Posts that send in an email ballots will constitute a quorum.

ix. The candidate with the majority vote will be considered elected.

Method 3: The District may hold a vote by mail if all the following are met:

i. The District Adjutant shall call for nominations for election of district officers by means of mail 30 days prior to the election.

ii. Nominations must be mailed to the District Adjutant 21 days prior to election.  No new nominations may be added after this date.

iii. The proposed ballot must be mailed to post in good standing 14 days prior to the election.  

iv. Challenges to the ballot must be received by the District Adjutant prior to 7 days prior to the election, and final ballot must be mailed to all Posts in good standing 7 days prior to the election.

v. Members must provide their member identification number and Post number on the ballot for their vote to be valid.

vi. Ballots must be postmarked prior to or on the date of the election to be valid unless the Post demonstrates that the ballot was not received prior to the election.  Acceptance of any such ballot shall be at the discretion of the District.

vii. District Adjutants must verify that each vote is made by a member in good standing, and that each member or post has only voted one time depending on the districts’ traditions.

viii. Physical in person quorums are waived. The quorum of the district remains the same as in the current district bylaws. A sufficient number of posts that mail in ballots will constitute a quorum.

ix. The candidate with the majority vote will be considered elected.

Newly elected District Officers shall assume their positions in accordance with District traditions, and installations are waived until a face-to-face meeting is possible.