Of course, there are still, too, some boards that put up all kinds of hurdles to people who want to serve, yes, and acclamation can be improperly used, and since the law does not allow it, can be challenged. However, to say that sending out ballots with write in blanks on it is always allowed is also contrary to the law, which makes it permissive, not a requirement. And there are association documents to consider too. If they allow use of
Robert’s Rules, then it would be reasonable to argue that the elections law does not permit voting at a meeting, rather it requires a process, and so the use of acclamation allowed by Robert’s Rules and thee documents should still be honored in whatever practical way that would occur, all other things being done properly and aboveboard. I do not know who would win the argument over such a question should it arise. If a board uses it to effectively block viable board candidates, then it would probably lose the argument. However, if it could show that it was diligent in trying to seek out candidates from all members who would properly qualify to serve, and candidates were scarce, then the election should not be overturned and the argument that acclamation is not an option should lose. Just my two cents on this, having had much experience in trying to make the laws work in a responsible, practical way without engendering unnecessary expense. Any board should get legal advice if the question arises but even then, it still may have to decide whether to avoid the expense, or go forth and complete the balloting, counting process.