Dear Community, Having “none of above” on the ballot is not the issue.
The real issue is about the candidate with the highest number of votes . And this is what section 9.2 says: * 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. * 2018-05-17 9:08 GMT+00:00 Mark Elkins <[email protected]>: > 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] <[email protected]>] > *Sent:* 17 May 2018 04:27 > *To:* Omo Oaiya <[email protected]> <[email protected]> > *Cc:* community-discuss <[email protected]> > <[email protected]>; AfriNIC Discuss > <[email protected]> <[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]> 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. > > > - 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] > https://lists.afrinic.net/mailman/listinfo/community-discuss > > > > _______________________________________________ > Members-Discuss mailing > [email protected]https://lists.afrinic.net/mailman/listinfo/members-discuss > > > -- > Mark James ELKINS - Posix Systems - (South) [email protected] > Tel: +27.128070590 Cell: +27.826010496 > For fast, reliable, low cost Internet in ZA: https://ftth.posix.co.za > > > _______________________________________________ > Community-Discuss mailing list > [email protected] > https://lists.afrinic.net/mailman/listinfo/community-discuss > > -- --KE
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