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2012 NFDA House of Delegates Report

The following resolution, sponsored by the NFDA Executive Board, will be considered by the NFDA House of Delegates at the 2012 International Convention & Expo in Charlotte, NC. It would amend the NFDA Bylaws to clarify tie-breaking procedures in At-large Representative elections. A majority vote of the voting members of the House of Delegates is required to amend the NFDA Bylaws.


WHEREAS, Section 5.6.3 of the Bylaws of the National Funeral Directors Association ("NFDA") sets forth the procedure for the election of At-large Representatives by the NFDA Policy Board; and

WHEREAS, Section 5.6.3 of the Bylaws provides a mechanism to break successive tie votes in an election involving two candidates, but does not address successive tie votes in an election involving more than two candidates where the tied vote occurs among candidates with the lowest vote totals; and

WHEREAS, to address this situation where successive ties occur in an At-large Representative election involving multiple candidates, NFDA is proposing to amend Section 5.6.3 of the Bylaws.

NOW, THEREFORE, be it resolved that the House of Delegates hereby approves the deletion of the last sentence in Section 5.6.3 of the Bylaws and the replacement of such sentence with the two underscored sentences as shown below:

"5.6.3 Election Procedure. Following the close of nominations for a particular At-large Representative position, the Policy Board shall vote on the nominees by secret ballot. Whenever there are more than two candidates and no candidate receives the majority of all votes cast, another vote shall be taken, but the following candidates shall be eliminated from the ballot: (1) the candidate receiving the lowest number of votes; and (2) if at least two candidates each receive twenty-five (25%) percent or more of the votes cast, all candidates who receive less than twenty-five (25%) percent of the votes cast. In the event of two successive tie votes in any election, the determination of which candidate who is involved in the tie shall be elected or eliminated will be determined by drawing lots, with the method of drawing lots to be determined by the President. In the event that more than two candidates are involved in the tie votes, the method of drawing lots shall be used only to eliminate one candidate and a subsequent vote shall be taken among those candidates not eliminated."

The resolution will be reviewed by the NFDA Governance Committee at a meeting scheduled for Monday, October 8, from 2:15 p.m. to 3:15 p.m. in room 103 of the Charlotte Convention Center. The House of Delegates will meet on Tuesday, October 9, from 11:15 a.m. to 12:15 p.m. in the Ballroom of the Charlotte Convention Center. Convention attendees are encouraged to attend both meetings.

Action has been postponed on two other initiatives originally slated for consideration by the House of Delegates this year: (1) a proposed amendment to the NFDA Constitution to provide a mechanism for NFDA members in a State to elect a Policy Board Representative when the State Association in the State is inactive, and (2) a request for a State Association Membership Charter for the U.S. Territory of Puerto Rico.