Why is there an NCAE election this fall?
The spring 2026 election for Vice President was incomplete. As a result, the NCAE Board of Directors determined that an election must be conducted as soon as possible in order to complete the election and install a vice president.
In addition, some members whose Board representative vacated the position will have on their ballot an additional office(s) to fill those respective seats.
Why was the election incomplete?
The Board determined that Mr. Finnegan could not be installed because his educational employment ended before July 1, consistent with the Board’s interpretation of Articles IV and V of the NCAE Constitution.
Why did the Board meet again and decide this in August?
Out of the duty of care to the organization, the Board of Directors considered additional interpretations of the constitution that became available after the June 18th meeting. The Board considered additional options provided by NEA Office of General Counsel and NCAE’s outside counsel and in-house counsel.
What were the sections of the constitution that informed the Board’s decision?
Constitution - Article IV, Section 2: the vice-president "shall begin those duties on July 1 of the year of the election, and shall serve for a term of three years or until a successor has been elected and installed."
Constitution - Article V, Section 3: Vacancies: "When a vacancy shall occur among the officers of the Association… because of death, resignation, inability to serve, or termination of employment in active educational service in the State, the Board of Directors shall elect a person of the same educational classification and the same race to serve until the next NCAE election cycle…"
What is the simple rationale for the Board’s decision?
The Board’s decision on August 22nd is summarized as follows:
The Constitution (Article IV & V):
- Board members - including the President and Vice President - must have “active educational service in the state.”
- The Duties of the Vice President “shall begin those duties on July 1 of the year of the election.”
The Conditions for installation to office were not met:
- The VP-elect did not have active educational service in the state as of July 1, 2026.
- Therefore, the election resulted in the election of a candidate who could not be installed.
To finish the election of the office of the Vice President, another election must be held:
- In the case where an election does not result in the installation of a Vice President, the acting Vice President then serves ”until a successor has been elected and installed.” (Constitution Article IV, Section 2).
The August 22nd Board motion states that the decision not to seat the Vice President-elect was “based on the June 18th decision of the Board.” What is meant by that?
The Board in June reaffirmed the constitutional requirements to be an “active member,” including educational employment. June Board minutes stated that “the NCAE Board affirming what was sent to Reilly Finnegan that he has until June 30th to meet all requirements of NCAE active membership as prescribed by the NCAE constitution. If the requirements are not met by June 30th, the NCAE Board will proceed with procedures as outlined by the NCAE constitution.” Educational employment prior to July 1st is the basis for both decisions, and ultimately the action to not seat R.Finnegan to office. The requirement of employment was sent to R.Finnegan in May. The August decision’s rationale ultimately did not change the definition of active membership and weighed the employment requirement for the purpose of installation on July 1 (Article IV & V).
Does the Board’s decision on August 22nd change the definition of “active member?”
No. Not installing the Vice President-elect to the office in this case was governed by Article V (Board), Section 3, and Article IV (Officers). In this case, Article V, Section 3 tells us when a Board seat, including the office of the Vice President, is vacant. "[T]ermination of employment in active educational service in the State" creates a vacancy. Because the Vice President-elect's educational employment ended prior to July 1, the office could not be validly filled by him. The Board’s action on August 22nd was independent of Article III (Membership) clause, and the definition of ‘active member’ has not been changed.
What grants the Board authority to make this decision?
In accordance with Article V Section 4 of the NCAE constitution, the NCAE Board of Directors has the power to interpret the constitution and determine policies and the governance structure of the association.
What is the Board doing to ensure this never happens again?
The NCAE Board has two committees - Constitution and Policy - that have the responsibility to clarify the governing documents and make recommendations to the Board. The Board may propose a constitutional amendment and/or change Board policy.
How does the Board’s decision on how to interpret the constitution impact future elections?
This interpretation means that even after an election is certified by the Elections Oversight Committee and Board, an elected candidate must continue to meet all of the requirements of the NCAE Constitution in order to be installed.
When will voting take place?
Voting takes place October 25th to November 3rd. The election process is overseen by the Elections Oversight Committee and in accordance with NCAE board policy.
What is the process for the election?
NCAE opened a 40+ day election cycle that includes 10 days for receiving nominations, 20 days of campaigning, and 10 days of voting. Following voting, the Elections Oversight Committee meets to validate and report the results. The Board of Directors meets 10 days after the reporting of the results to certify the election and/or set a date for any challenge to the election.
What other offices are on the ballot?
NCAE Director seats that have been vacated are on the ballot as well. They are Region 1b, Region 5, Region 7a, and an ESP at-large seat to meet the NCAE constitution’s proportional representation requirement.
What is required to be an eligible candidate and be installed to office?
To be an eligible candidate, one must have active membership as of the month prior to the nomination deadline. Members had to submit nominations to NCAE no later than 10 days prior to the beginning of the election.
After the voting is completed, the election results must be verified by the Elections Oversight Committee. The report of the Elections Oversight Committee is unofficial until certified by the NCAE Board of Directors.
Once election results are certified, candidates are installed if they meet the eligibility requirements for the office in accordance with the constitution.
What rights do members have to attend Board meetings?
Meetings of the NCAE Board of Directors are open to the general membership body, and all are encouraged to exercise their rights and responsibilities as members.
However, there are rules that preclude the general membership from attending closed or “executive sessions” of board meetings. The report from those sessions can be found in approved meeting minutes or based on remarks made by the Chair of the board.
