Lights of Guidance/Instruction of Tellers, Priority of Minorities Approval of Outgoing Assembly

80. Tellers Should be Given Guidelines—Recording of Identical Names

"It is for your National Assembly to determine how to properly instruct the delegates beforehand in the recording of identical names on ballots and to give the tellers guidelines for handling these questions when they arise in the counting of the ballots. Thereafter, it is for the tellers to make the decision and give the results to the Convention or Assembly….

Q. In the case of a tie between five persons for three vacancies should the names of the five be read for the delegates vote?
A. Yes.

Q. In voting for officers is it permissible to read the names of those persons who have tied?
A. When voting for officers of an Assembly a result is only reached when one member receives five or more votes. Until that result is reached all members are eligible for the office in question and the results of all inconclusive ballots should be made known to the meeting."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of Jamaica, July 29, 1971)
*(See also: Nos. 31-41)


81. Convention Procedure in Connection with Tellers' Report

"Normal Convention procedure would call for a tellers' report announcing the names of the nine believers elected to the National Spiritual Assembly plus statistical information as to the balance of the votes cast. However, if the Convention votes to have the complete report of the tellers, or any part of it, the Convention is entitled to have the information which will thereupon be presented by the tellers in accordance with the vote of the Convention."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United States, December 16, 1965)


82. Under certain Conditions One or More Names May be Invalidated

"Under certain conditions an entire ballot may be declared invalid. These are: (1) More than nine names on ballot paper; (2) Less than nine names on ballot paper; (3) Duplication of names. Under other conditions, because of specified irregularities, one or more of the names may be invalidated but the rest of the ballot would be considered valid. These irregularities are: (1) A name not identifiable, or illegible; (2) The name of an ineligible person, such as a youth or person not resident in the jurisdiction of the voting area, provided of course that each ballot contains no more or less than nine names and no name has been duplicated."

(From a letter dated July 29, 1971 from the Universal House of Justice to the National Spiritual Assembly of Jamaica)
*Ballot Should Not be Invalidated Because it Contains Name of Auxiliary Board Member (See Nos. 28-29)


83. Minority Accorded Priority Without Question

"Since the Guardian's instruction on this point is unequivocal where it is obvious that one of the persons involved represents a minority, that person should be accorded the priority without question. Where there is doubt further balloting will allow every voter present to participate.

"With reference to the provision in Article V of the National By-laws governing the situation where two or more members have received the same highest number of votes, if one of those members represents a minority that individual should be given priority as if selected by lot."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of the United States, January 25, 1967)


84. Definition of Minority and Majority at Discretion of the National Spiritual Assembly

"…the definition of a minority in any locality is in the discretion of the National Spiritual Assembly. It is clear that pioneers from other lands should not be regarded as belonging to a minority, neither do the categories quoted by the Guardian in 'The Advent of Divine Justice', namely, 'faith, race, class or nation', include sex. The overriding principle is always that if there is any doubt as to whether the minority principle should be invoked, then a further ballot should be taken."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United Kingdom, March 5, 1986)


85. Results Reported to National Assembly for Acceptance and Instruction to Tellers about Re-Voting

"In answer to your question about who should decide this matter, the House of Justice states that it is the duty of the tellers to report the entire result of the voting to the National Spiritual Assembly which has a duty of accepting the tellers' report before it is presented to the Convention. If the National Assembly sees that the ninth place is tied and that one of the persons tied is a member of a minority, it would instruct the tellers to report the results on this basis without calling for a re-vote. If, however, there is any doubt at all as to whether a minority is involved, the Assembly should resolve the matter by instructing that a re-vote for the ninth place should be held."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Switzerland, April 13, 1975)


86. Only Names of Those Tied Appear on Subsequent Ballots

"Following the voting in an election of an Assembly, Local or National, results of the balloting should be announced, including the names of those tied for ninth place. A new ballot must then be cast to decide between those who have received the same number of votes for ninth place. Only those who are tied to be voted for on that ballot, and the tie may be broken by the delegates present at the Convention."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of The Bahamas, May 18, 1982)


87. How to Report a Tie

"It is not correct to show that Senorita … received 13 votes. If she is to be listed among those receiving votes on the first ballot it should be shown that she was tied for ninth place with 6 votes and that on the second ballot she received 13 of the votes cast."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of Colombia, June 16, 1964)


88. First, New Assembly Must Consider Whether to Accept Resignation

"…your Assembly should first have considered whether to accept Miss… resignation, and then, if the Assembly had accepted her resignation, the vacancy should have been filled by a by-election in which all…delegates should have been given an opportunity to vote. It is only a tie vote that may be broken by a vote of those delegates present at Convention, not a by-election unless, of course, all delegates are present."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, July 6, 1981)


89. By-Election Can be Held During Convention Only if All Delegates Are Present

"If a by-election is necessary, however, all delegates must be given an opportunity to vote. If all delegates are present at the Convention, the by-election can of course take place at one of the sessions. If there are absent delegates, the by-election can still be arranged so that the delegates present may cast their ballots before the Convention disbands, and ballots from absent delegates be received at a later date."

(Ibid., May 18, 1981)


90. Tie for Ninth Member of the National Spiritual Assembly

"In the case of a tie for the ninth member of a National Spiritual Assembly, a vote can be held immediately at the Convention among the delegates present, to break the tie. However, if a vacancy is declared at the Convention because a resignation of one of the members of the newly elected National Assembly is accepted, a by-election must be called, i.e., all delegates must be given an opportunity to vote for someone to fill the vacancy."

(Ibid., June 13, 1976)
Bahai.works note: There is a link here from No. 42


91. Duty of Auxiliary Board Member to Advise Assembly, not Delegates, that He Will not Serve

"The Auxiliary Board member…should have been listed as elected and given the opportunity to decide whether to continue to serve on the Board or to resign and accept the election to the administrative body. It is his duty to advise the National Assembly itself and not the delegates or the Convention. If he decides to remain on the Board, and the National Assembly declares a vacancy while Convention is still in session, a by-election could be arranged before the Convention disbands."

(Ibid., June 26, 1978)
Bahai.works note: There is a link here from No. 29


92. Board Members Should not Resign Before a Tie-Breaking Vote Is Cast

"A Board Member should not be given the opportunity to resign before a tie-breaking vote is cast since there are other factors involved and it is possible that he may not be elected. However, if he is elected, he should advise the National Assembly of his decision to accept the elected post or continue his role as an Auxiliary Board member. If he resigns from the Assembly, then that body declares a vacancy and arranges for a by-election."

(Ibid.)
Bahai.works note: There is a link here from No. 29


93. Preservation of Ballots

"In the minutes of your meetings of …, the Universal House of Justice noted the items about 'Ballots of the Third National Assembly Election' and your instruction to the Secretary to destroy the ballots. We are directed to convey the following to you for your guidance.

"While it is within the discretion of a National Spiritual Assembly to determine what to do about preservation of the ballots following the annual election, the House of Justice points out that should any question concerning the balloting arise during the year following the election, it would be helpful if the ballots were available for National Spiritual Assembly scrutiny. Obviously, after the next following election, such need to preserve the ballots cast in the previous year's election would no longer exist."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, July 22, 1980)


94. Assembly Has Right to Examine Ballots

"He considers that the National Spiritual Assembly has every right to examine the ballots if there is some doubt as to the election having been properly conducted. By 'preservation' of the ballots is meant that they are preserved in the National files."

(From a letter written on behalf of Shoghi Effendi to the National Spiritual Assembly of Australia and New Zealand, March 14, 1947)


95. Delegates Should be Given Opportunity to Report to the Community

"A Convention delegate should certainly be given an opportunity to report to the Community his or her experiences at Convention and impressions!"

(Ibid.)


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