Seven steps for effectively handling contested elections.

• Author: Autry, Charles

Although an electric cooperative's Board of Directors faces many difficult decisions, one of the most difficult and contentious issues that can arise is a contested election for a position on the Board. The election process for a Board seat is typically a collegial process. Years can pass before a contested election arises, and in many cooperatives little thought is given to the proper way to handle a contested election until the Board finds itself in the middle of such a situation.

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At that point, the situation may seem daunting, but there are relatively simple steps that a cooperative can take to minimize the impact of contested elections on the cooperative's Board, management and staff, as well as steps that can be taken if a contested election arises and the cooperative has not yet established policies and procedures for such a situation.

1. Challenges Presented by Contested Elections

   When a contested election does arise, if the Board has not previously developed and implemented election policies and procedures, the Board will find that it is the only body that can address and resolve the difficult and often politically charged issues associated with such an election, such as the qualification of candidates, the use of proxies, permissible campaign methods and materials and the handling of improperly marked ballots. Board members may find themselves in the uncomfortable situation of making decisions that directly affect the election chances of fellow Board members and friends in the community. If the proper policies and procedures are not in place, a contested election can easily turn into a contentious election.

   On the surface, having a contested election might not seem to pose any particular problems. Why do contested elections pose so many challenges?

   * Incumbent Directors facing election challenges already have a working relationship with the other Board members and may also have personal and business relationships with Board members.

   * The challenger typically comes from the same community as the Board members and may also have professional and personal relationships with Board members and employees of the cooperative.

   * The challenge may make a campaign issue out of the performance of the current Board and the cooperative's management.

   * The incumbent and the challenger will likely communicate with the cooperative's members, and such members may then raise questions and concerns with management, staff and Board members.

   * Each candidate may raise questions and concerns about the other candidate's campaign materials and communications with members and ask the Board to "referee" the dispute.

   * The incumbent being challenged may feel that he or she is entitled to use...