Election to office without consent - January 2011

May a member who has not consented to his candidacy be nominated and elected? What is the procedure if the member is elected but refuses to serve?

Opinion:  Yes, unless formal consent is required. Silence implies consent. If a member is present when nominated and does not decline, acceptance is implied; if the member is formally notified of his nomination and does not decline, acceptance is implied. If a member is nominated and elected without his knowledge, acceptance is implied unless he promptly declines upon notification. Also, since in a ballot election voting is not limited to nominees, it is possible for a member to be elected by write-in votes even if he has categorically declined the nomination. In either case, if the member declines immediately, the election is incomplete and steps should be taken to finish the election.