Department of Florida

Rules of Procedure

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RULES OF PROCEDURE
ONE-HUNDREDTH ANNUAL CONVENTION
THE AMERICAN LEGION DEPARTMENT OF FLORIDA
Marriott’s Orlando World Center, 8701 World Center Drive, Orlando Florida 32821
July 5 – 8, 2018

 The following Special Rules of Procedure were adopted as the Special Rules to govern the One-Hundredth Annual Convention of The American Legion, Department of Florida, to be held at the Marriott’s Orlando World Center, Orlando, Florida, July 5, 6, 7, 8, 2018, by the Department Executive Committee at the Fall Conference November 3, 4, and 5, 2017 at the Renaissance SeaWorld Orlando, Florida.

General Rules:

  1. Matters of procedure not provided for in the Constitution or Department By-Laws or in these Special Rules shall be covered by Roberts Rules of Order, Revised.
  2. The decision of the chair on rules and procedures shall be final, unless overturned by a vote of two-thirds (2/3) of the delegates present and voting upon an appeal from that decision.
  3. The order of business shall be published in the printed program of the Convention, except as modified by the Department Commander, or as altered by a two-thirds (2/3) vote of the delegates present.
  4. Voting in all cases, except elections which is by ballot and trials of officers and appeals which is by roll call, shall be by acclamation, unless roll call vote shall be demanded by a least five (5) Posts with one (1) or more accredited delegates present on the floor of the Convention.
  5. When a roll call of any Post is demanded by a delegate of such Post, the Secretary of the Convention (the Department Adjutant) shall poll the vote of by this Post by delegates without discussion of the question then being considered.
  6. On roll calls, the acting chairman of each delegation shall poll his delegation on the floor and shall announce the vote of the delegation. Unit rule of voting shall not be permitted.
  7. A person who is not a duly accredited delegate shall not participate directly or indirectly in a voice vote on any subject.
  8. When a delegate desires to make a motion or address the Convention he/she shall rise, address the chair as “Mr. Commander,” and upon receiving recognition shall state his/her name and the name and number of his/her Post before proceeding.

Resolutions:

  1. A resolution shall not be considered by the Convention unless presented to the Department Adjutant at least forty (40) days prior to the Department Convention. This time limit may be waived by a two-thirds (2/3) vote of the delegates present at the Department Convention.
  2. Any resolution originating on the floor of the Convention, if permitted by a vote of two-thirds of the delegates present, must be in writing, and will automatically, and without reading or discussion, be referred to the Resolution Committee for consideration and recommendation. Any resolution providing for the expenditure of Department funds, raising or lowering Department Dues, raising funds in the name of the Department, shall be referred to the Department Finance Committee for study and recommendations, and, by that body, transmitted to the Resolution Committee. The report from both of these committees shall be presented to the Convention for action.
  3. A two-thirds (2/3) affirmative vote of the delegates shall be required for the consideration by the Convention of any resolution which has received an unfavorable report from a committee of the Convention.

 Voting for Officers:

  1. The annual election of officers of the Department shall be by special order of business, the results of which should be announced at 1:00 P.M., or as soon as practical thereafter, on the day set for adjournment of the Convention or at the call of the Chair.
  2. Each officer to be elected at the Department Convention shall be voted on by ballot, except that the election of Department Area Commanders, District Commanders, District Vice Commanders and delegates and alternate delegates to the National Convention may be elected and ratified collectively.
  3. Voting for all elected Department Officers shall be by official ballot provided upon registration to any Posts so registered based on paid delegate strength. All official ballots are the responsibility of the acting chairman of each delegation and shall not be replaced for any reason under any circumstances.
  4. Each Post will receive one (1) official ballot for every paid delegate, except for Past Department Commanders. Ballots may either be voted collectively by the acting chairman of each delegation or individually by Post delegates to the Convention. The vote of any delegate absent and not represented by an alternate shall be cast by the majority of the delegation present from his Post.
  5. Section 6, Article V of the Department Constitution provides that Past Department Commanders to be eligible to cast a vote, must be present on the floor on the Convention and be in good standing in their Post. On the final day of the Convention, prior to the election of Department Officers, the Secretary of the Convention (the Department Adjutant) shall provide all registered Past Department Commanders their official ballot.
  6. The ballot shall provide for a write-in candidate for each office, should one be nominated off the Convention floor.
  7. Nominations for Department Officers shall be from the floor of the Convention. Nominating speeches shall be limited to five (5) minutes each. No more than two (2) seconding speeches shall be made for each candidate, each of which shall not exceed two (2) minutes.
  8. Immediately following nominations ballot voting shall begin on electronic scanning equipment provided by the Orange County Supervisor of Elections. All ballot voting shall be completed by 1:00 p.m. except Posts still in line to vote at that time. Once all the votes have been scanned the election is closed and tally begins.
  9. A team of election officials will oversee the election process. These officials shall consist of an employee of the Orange County Supervisor of Elections Office, the Assistant Department Adjutant, and the Department Assistant Judge Advocate or a representative appointed by the Department Commander in his/her absence.
  10. The election officials will examine any ballot rejections to determine the intent of the ballot. If a ballot reflects votes for two (2) candidates for the same office that ballot will have that one (1) office’s vote nullified and the balance of the ballot cast as presented. Should duplicate ballots be presented, the scanners will reject those votes and nullify both ballots presented.
  11. The election officials will supervise the vote tally collected by the scanners. The candidate for each office that receives the most votes shall be declared the winner. The results will be placed in an envelope which will be presented to the Secretary of the Convention (Department Adjutant) on the Convention stage to be announced.
  12. In cases of a tie vote, a roll call of Posts for the purpose of casting their votes for the tied candidates shall continue until one candidate receives the majority of votes cast, the roll call is complete or until there shall be only one candidate for a particular Department office.
  13. All official ballots will be retained as permanent record of the Department for a period of two (2) years.
  14. All elections by ratification of the Districts of delegates and alternate delegates to the National Convention, two (2) District Vice Commanders from each District, District Commander from each district, and a Department Area Commander from each Area shall be held in the following order or sequence, final determination within each group to be completed prior to consideration of the next group.

First                  Ratification of nominations from Districts of delegates and alternate delegates to the
National Convention.
Second              Ratification of the election of two (2) District Vice Commanders from each District.
Third                 Ratification of the election of a District Commander from each District.
Fourth               Ratification of the election of a Department Area Commander from each Area.

  1. All elections by official ballot shall be reported in the following order or sequence, final determination within each group to be completed prior to consideration of the next group.

First                 Department Sergeant-At-Arms.
Second             Department Chaplain
Third               Department Historian
Fourth             Department NECA (even years only)
Fifth                Department NEC (even years only)
Sixth                Department Third Vice Commander
Seventh           Department Second Vice Commander
Eighth             Department First Vice Commander
Ninth               Department Commander

(Rev B – 9/1/2017)

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