I disagree with your first paragraph. I was a Board Member when "None of the Above" was introduced. I was also often on NomCom. The simple idea behind "None of the Above" is simply that - None of the above - that's everyone (natural persons) listed on that ballot. It's not just for the case where there is only one name on the ballot.
On 17/05/2018 06:57, Andrew Alston wrote: > > I concur with what Owen has said, > > > > While I do not dispute the none of the above option may have been > incorrectly on the ballot – it was there – and electronic voting was > open for a period of 2 odd weeks before the AGMM, and during the AGMM, > and this point was never raised. As a result, people chose an option > that was on the ballot – had it not been there, they may have chosen > the other candidate, and as such, that could change the result of the > entire election for that seat. Therefore, it would be entirely > inappropriate to choose the next highest candidate – and would > disenfranchise the 80 odd people who were under the impression they > were voting for an entirely legitimate option. > > > > As such, if we wish to dispute the result of the election a full week > after it has happened, and despite two weeks of time to dispute it > when we were all fully aware of what was on the ballot, the only > option is to nullify the election for that seat and hold it again at > the next AGMM – which leaves us back at the status quo. > > > > I do think this may be a good time to make certain observations to > this community so that we can start a discussion about the process > moving forward. > > > > 1. We cannot elect directors at an SGMM – section 13.4 of the bylaws > makes explicit reference to the Annual General Members Meeting, > and this is further enforced by the fact that the Annual General > Members Meeting term that is used is explicitly defined in the > definitions. > 2. We are not quorate for an AGMM – Section 12.10.ii is explicit in > setting the quorum and makes reference to “directors */_elected to > represent a region_/*” – as such, an AGMM to elect directors > cannot happen – and this precludes using directors appointed under > clause 13.14 to meet the quorum requirements (they are not elected > directors, they are appointed directors, those are entirely > different things) > 3. AFRINIC therefore is required to pass a special resolution at an > SGMM via super-majority vote to amend the bylaws to allow for > election of directors outside of an AGMM. > 4. There is an alternative to option C in the fact that a special > resolution could be passed without an SGMM occurring – however – > this would require 75% of the **entire** member base to vote in > favour (not 75% of voting members), effectively meaning you would > require roughly 1130 votes in favour to do this – which I hardly > think is practical. > > > > The question therefore becomes – what special resolution would members > be prepared to vote in favour of – because a special resolution > **has** to happen to get us quorate again – and failing that – AFRINIC > will not be able to hold an AGMM – and will not be able to meet its > statutory requirements come next year. I also point out that thanks > to clause 7.7 of the bylaws – the board itself **cannot** adjust the > bylaws any longer in unilateral form. > > > > Andrew > > > > *From:*Owen DeLong [mailto:[email protected]] > *Sent:* 17 May 2018 04:27 > *To:* Omo Oaiya <[email protected]> > *Cc:* community-discuss <[email protected]>; AfriNIC > Discuss <[email protected]> > *Subject:* Re: [Community-Discuss] Faulty result for Western Africa in > AfriNIC AGMM Elections > > > > I would argue that even if none of the above were incorrectly on the > ballot, in such a case the election should be declared invalid in its > entirety and rerun. The votes for none of the above are greater than > the difference between the other two candidates and to act as you > suggest would be to disenfranchise all of those voters. > > > > Owen > > > > > On May 16, 2018, at 10:24, Omo Oaiya <[email protected] > <mailto:[email protected]>> wrote: > > Greetings All, > > > > I am looking at the BoD election process and it seems to me that > the recent e-mail from the Board Chair seeking nominations for > vacant seats should not be extended to Western Africa. > > > > The particular clause I am referring to is in 9.2 > - https://afrinic.net/en/community/elections/bod-election/process > > * > > > Elections will be closed as soon as the last member or > proxy present in the meeting room casts his/her vote. > Candidates with the highest number of votes in each > category will be declared winners > > I see from the list for West Africa that the candidate with the > highest number of votes should have been declared winner and this > is Dr Ousmane Tessa. (btw, Dr Adewale Adedokun needs his name > spelt correctly) > > > > > *Western Africa - Seat 2* > > Dr Adelawe Abedekon - 43 > > Dr Ousmane Moussa Tessa - 56 > > None of the above - 78 > > /Result: The seat is vacant/ > > > > > > The results from the other regions are valid and supported by the > following clause as they had one candidate. > > o All open positions shall be subject to an election > process even if there is only one candidate. In that > event, if the option [none of the above] got more > votes than the only candidate, then the seat shall be > considered vacant and the Board will be requested to > apply provisions of the Bylaws to temporarily fill the > vacant seat. > > > > Can AfriNIC and the nomcom please clarify? We should not deprive > Dr Tessa of a rightful win …. especially in the circumstances we > find ourselves. > > > > Omo > > _______________________________________________ > Community-Discuss mailing list > [email protected] <mailto:[email protected]> > https://lists.afrinic.net/mailman/listinfo/community-discuss > > > > _______________________________________________ > Members-Discuss mailing list > [email protected] > https://lists.afrinic.net/mailman/listinfo/members-discuss -- Mark James ELKINS - Posix Systems - (South) Africa [email protected] Tel: +27.128070590 Cell: +27.826010496 For fast, reliable, low cost Internet in ZA: https://ftth.posix.co.za
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