Technically, yes. Texrat's "announcement" happened after the close of the election. But in reality, none of that really matters.
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As SD69 notes, the incorporators are not bound by anything other then the articles of incorporation of the state, and the personal conviction to get this organization off the ground in a way that is beneficial to the community.

The bylaws have yet to be put in place. For that to happen, the incorporators must meet with the potential Directors, seat them, and the Directors must then approve the bylaws and any other actions or binding agreements established by the incorporators.

Even if the current bylaws were in place, there has been explicit language in them to handle this exact scenario for a couple versions. They also explicitly states such declines must be in writing to the current Board, which was not done in this case.

As the board has not even been seated yet, the incorporators could choose to seat or not set any candidate if they wished. By law, the incorporators could appoint a dozen people if they liked, and that Board could make up whatever rules they wanted.

You see, the incorporators are not legally bound to hold an election. It was only done in this way because it was agreed to early on that a Maemo style election would ease the community's transition by using a familiar process. The path of elections and community review of bylaws was taken so that the community could be better served by the new corporation. This is why choosing the initial Board and solidifying the bylaws was so important, and why I pushed for it so hard.

This could have been monarchy by fiat. Current Council could have simply appointed themselves, made their own rules. Incorporation laws allow for are designed for just such a dictatorial setup. But that would not have been serving to (nor likely accepted by) the community. We're an odd duck in the corporate world, where self-appointing Boards without term limits are the norm.

In the end, the bylaws create the framework within which the Board must act. The initial Board must also be trustworthy enough to enact self-limiting regulations for the communities sake, and work on behalf of the community in good will.

I think we have that now. There are 3 potential appointments based on this, all of whom I think are exceptional. The bylaws look exceptionally solid, and after legal review should be enough to keep them stable and going for some time. Not bad for a few months work, along with everything else going on, if I say so myself.