[council] Council wide Nominations are closed - Part 2 Each House determines a Candidate

[Avri Doria]

Hi,

Glen is working on finding that out.

However, if there are absent council members, I believe the Bylaws  
require they be given an absentee ballot.  And by the Transition rules  
you all approved, that will be a 24 hour absentee ballot.  I guess we  
should stick with that as opposed to trying to have them vote during  
the meeting.

In any case the election procedure is a positive vote of all members  
and not only of those voting - so eliminating voters does not decrease  
the thresholds required for 60% approval in each house.

a.

On 15 Oct 2009, at 20:24, Stéphane Van Gelder wrote:

> Very sensible. I'm angry at myself for not having thought of that.
>
> Stéphane
>
>
> Le 15/10/09 20:10, « Rosette, Kristina » <krosette at cov.com> a écrit :
>
>> Are we even going to have any absentee Councilors?  Let's figure  
>> that out
>> first.  Would rather not muck around with absentee voting  
>> provisions if we
>> don't need to.  Not as if we don't have anything else to do.
>>
>> -----Original Message-----
>> From: owner-council at gnso.icann.org [mailto:owner- 
>> council at gnso.icann.org] On
>> Behalf Of Stéphane Van Gelder
>> Sent: Thursday, October 15, 2009 1:58 PM
>> To: Avri Doria; Council GNSO
>> Subject: Re: [council] Council wide Nominations are closed - Part 2  
>> Each House
>> determines a Candidate
>>
>> I like that proposal, all apart from the absentees giving their  
>> votes to a
>> "trusted third party". In that respect I would go with Alan's  
>> suggestion that
>> only those present by counted.
>>
>> Stéphane
>>
>>
>> Le 15/10/09 17:51, « Avri Doria » <avri at acm.org> a écrit :
>>
>>>
>>> Hi,
>>>
>>> I think this is somewhat different.  I would like to propose a
>>> solution that relies on our normal process of taking a vote  
>>> anytime we
>>> decide to make something secret.
>>>
>>> So I would like to suggest that we take a vote on making the  
>>> ballot a
>>> secret ballot.  We can do this after having voted on the Council
>>> Procedures and before stating the discussions on the election.    By
>>> those, as of yet not approved procedures, this would require a
>>> majority vote of each house of  those present.
>>>
>>> In the meantime we will also ask staff to prepare paper ballots to  
>>> be
>>> used if secret balloting prevailed.   Different ballots (different
>>> color paper) for each of the houses.
>>>
>>> ballot for the first ballot:
>>>
>>> Name of Candidate from CP House
>>> Name of Candidate from NCP House
>>> None of the above
>>>
>>>
>>> ballot for the 2nd round*
>>>
>>> Candidate who had greatest total percentage in the first round  
>>> (don't
>>> need name) None of the above
>>>
>>> -
>>> Those who are absent could send their votes to a trusted staff  
>>> person
>>> (or other trusted attendee - e.g. we could ask the Nomcom chair to  
>>> act
>>> in this capacity) who would transfer them to ballots and put them in
>>> the ballot box with the others.
>>>
>>> Would this work for people?
>>>
>>> a.
>>>
>>> * in the odd even that we have an equal total percentage for each
>>> candidate, we should postpone the second round until each candidate
>>> has had a chance to discuss their positions further with the council
>>> and then another round would be identical to the first round.
>>>
>>>
>>>
>>> On 15 Oct 2009, at 16:46, Rosette, Kristina wrote:
>>>
>>>> Given that we have always taken the position that a vote can be a
>>>> roll call vote (as opposed to one by acclamation) on the request of
>>>> one Councilor, my request for a secret ballot should be sufficient.
>>>>
>>>> If it's not secret, I will not vote.  Period.
>>>>
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: owner-council at gnso.icann.org [mailto:owner-
>>>> council at gnso.icann.org] On Behalf Of Avri Doria
>>>> Sent: Thursday, October 15, 2009 9:56 AM
>>>> To: Council GNSO
>>>> Subject: Re: [council] Council wide Nominations are closed - Part 2
>>>> Each House determines a Candidate
>>>>
>>>>
>>>> Hi,
>>>>
>>>> Don't know.  Worth checking.  Though the system may have to be
>>>> reworked for the bi-cameral nature of the vote.
>>>>
>>>> We can certainly do paper ballots where one indicates not only  
>>>> their
>>>> vote but their House.
>>>>
>>>> Do other council members believe this needs to be a secret ballot?
>>>>
>>>> a.
>>>>
>>>> On 15 Oct 2009, at 15:46, Gomes, Chuck wrote:
>>>>
>>>>> Is there any reason why we couldn't hold a live email election?  I
>>>>> don't know the limitations of the election software.
>>>>>
>>>>> Chuck
>>>>>
>>>>>> -----Original Message-----
>>>>>> From: owner-council at gnso.icann.org
>>>>>> [mailto:owner-council at gnso.icann.org] On Behalf Of Rosette,
>>>>>> Kristina
>>>>>> Sent: Thursday, October 15, 2009 7:25 AM
>>>>>> To: avri at psg.com; council at gnso.icann.org
>>>>>> Subject: Re: [council] Council wide Nominations are closed -  
>>>>>> Part 2
>>>>>> Each House determines a Candidate
>>>>>>
>>>>>>
>>>>>> To my recollection, none of our previous elections while I have
>>>>>> been on Council have been public.  I thought I'd missed the
>>>>>> rationale for holding it publicly.  I've gone back and reviewed  
>>>>>> the
>>>>>> messages I could find, but haven't seen one.  I had thought we
>>>>>> would be voting privately in the week beforehand with the results
>>>>>> announced at the meeting.
>>>>>>
>>>>>> I object to our having to hold the election as a roll call  
>>>>>> vote.  I
>>>>>> believe all Councilors should be permitted to cast votes  
>>>>>> privately.
>>>>>> Casting open ballots will not be conducive to the improved  
>>>>>> working
>>>>>> relationship that many of us have articulated a desire to  
>>>>>> develop.
>>>>>> Moreover, given that I have found the environment at ICANN  
>>>>>> meetings
>>>>>> generally (including public Council meetings) to be hostile, I
>>>>>> believe casting those votes publicly is more likely than not to
>>>>>> exacerbate that problem.
>>>>>>
>>>>>> In sum, I want to vote privately as we've done in the past and  
>>>>>> have
>>>>>> the results announced at the Council meeting.  Doing so has the
>>>>>> extra benefit of having a definitive result at the Council  
>>>>>> meeting
>>>>>> (assuming there is a clear winner); no delay from absentee
>>>>>> balloting will occur.
>>>>>>
>>>>>> K
>>>>>>
>>>>>>
>>>>>> Kristina Rosette
>>>>>> Covington & Burling LLP
>>>>>> 1201 Pennsylvania Avenue, N.W.
>>>>>> Washington, DC  20004-2401
>>>>>> voice:  202-662-5173
>>>>>> direct fax:  202-778-5173
>>>>>> main fax:  202-662-6291
>>>>>> e-mail:  krosette at cov.com
>>>>>>
>>>>>> This message is from a law firm and may contain information  
>>>>>> that is
>>>>>> confidential or legally privileged.  If you are not the intended
>>>>>> recipient, please immediately advise the sender by reply e-mail
>>>>>> that this message has been inadvertently transmitted to you and
>>>>>> delete this e-mail from your system.
>>>>>> Thank you for your cooperation.
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> -------------------------
>>>>>> Sent from my Wireless Handheld
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> ----- Original Message -----
>>>>>> From: owner-council at gnso.icann.org <owner-council at gnso.icann.org>
>>>>>> To: Council GNSO <council at gnso.icann.org>
>>>>>> Sent: Thu Oct 15 03:23:01 2009
>>>>>> Subject: Re: [council] Council wide Nominations are closed -  
>>>>>> Part 2
>>>>>> Each House determines a Candidate
>>>>>>
>>>>>>
>>>>>> Hi,
>>>>>>
>>>>>> I wanted to ad a few more details to this part of the process.
>>>>>>
>>>>>> On 15 Oct 2009, at 08:01, Glen de Saint Géry wrote:
>>>>>>
>>>>>>> B. PROPOSED SCHEDULE FOR THE VOTING
>>>>>>>
>>>>>>> For this election, the voting will take place at the public
>>>>>>> Council meeting in Seoul on Wednesday, 28 October 2009.
>>>>>>>
>>>>>>> Avri Doria, current GNSO Council chair, will serve as
>>>>>> non-voting chair
>>>>>>> of the bicameral Council meeting on 28 October until such time  
>>>>>>> as
>>>>>>> a new chair is elected, at which time the new chair will assume
>>>>>>> the chair responsibilities.
>>>>>>>
>>>>>>> If an absentee ballot is required to complete the chair's
>>>>>>> election, this will be a 24 hour ballot scheduled to end on 29
>>>>>>> October. If no chair has been elected by the end of the Annual
>>>>>>> meeting on
>>>>>> 30 October,
>>>>>>> the vice-chairs will assume the chair responsibilities as
>>>>>> defined in
>>>>>>> the Bylaws and a runoff will be scheduled as determined in
>>>>>> the Council
>>>>>>> Procedures.
>>>>>>>
>>>>>>> The winning candidate needs 60% of the votes of each house.
>>>>>>>
>>>>>>> The Council shall inform the Board and the Community
>>>>>> appropriately and
>>>>>>> post the election results on the GNSO website within 2
>>>>>> business days
>>>>>>> following the election.
>>>>>>>
>>>>>>> In the event that the GNSO Council has not elected a GNSO  
>>>>>>> Council
>>>>>>> Chair by the end of the previous Chair's term, the Vice-Chairs
>>>>>>> will serve as Interim GNSO Co-Chairs until a successful election
>>>>>>> can be held.
>>>>>>
>>>>>> Since this election will be done in the meeting, I am planning to
>>>>>> hold it as an open vote via a roll call.  This will be the second
>>>>>> major item on the agenda, after a vote on any amendments to the
>>>>>> proposed Operating Procedures the new Operating Procedures as
>>>>>> possibly amended.
>>>>>>
>>>>>> I am hoping that all of the council members will be available for
>>>>>> the vote, either in person or via remote communications, so that
>>>>>> the election can be completed on the Wednesday, even if it  
>>>>>> needs to
>>>>>> go to two rounds.  If we do not have everyone available for the
>>>>>> call, then we will need to go a 24 hour absentee ballot on each
>>>>>> round.  This means that the first round would not end until
>>>>>> Thursday morning.  If necessary we could schedule a second round
>>>>>> for Thursday, though we would then need to allow for voting at  
>>>>>> the
>>>>>> Thursday meeting, which would be an exception to our normal
>>>>>> practice.  In this case a second absentee ballot would end on
>>>>>> Friday afternoon.  In any case, the goal is to enable the  
>>>>>> election
>>>>>> of the new chair, if at all possible, by the end of the Seoul
>>>>>> meeting.
>>>>>>
>>>>>> As I said, I am hoping we can avoid needing to do an absentee
>>>>>> ballot so I hope that any council member who cannot attend the
>>>>>> meeting can participate remote in al least the first part of the
>>>>>> Wednesday meeting.
>>>>>>
>>>>>> Assuming we have a different candidate from each House, each
>>>>>> council member polled would in turn be able to vote for:
>>>>>>
>>>>>> Candidate chosen by Contracted Parties House (CP House or,
>>>>>> Candidate chosen by Non Contracted Parties House (NCP House) or,
>>>>>> None of the above
>>>>>>
>>>>>> (In the case of a single candidate chosen by both Houses, the  
>>>>>> vote
>>>>>> would resemble the second round procedure below)
>>>>>>
>>>>>> The votes would be tabulated separately according to House,  
>>>>>> though
>>>>>> the roll will be called alphabetically.
>>>>>>
>>>>>> To  succeed a candidate needs 60% or each house.  This means  5  
>>>>>> out
>>>>>> of
>>>>>> 7 votes for the CP House and 8 out of 13 votes for the NCP House.
>>>>>>
>>>>>> - If either the CP House candidate  or NCP House candidate get  
>>>>>> 60%
>>>>>> of each House, he or she will have been elected and will take  
>>>>>> over
>>>>>> as chair of the meeting at that point.
>>>>>>
>>>>>> - If 'None of the above' gets 60% of each house, then the  
>>>>>> election
>>>>>> is halted and rescheduled for a month later.  In this case the  
>>>>>> two
>>>>>> vice-
>>>>>> chairs will take over as interim co-chairs at the end of the  
>>>>>> week.
>>>>>>
>>>>>> - If neither of the candidates (or "none of the above") gets the
>>>>>> required 60% of each house, then a second round is called for.
>>>>>>
>>>>>> Assuming every one is present on Wednesday morning, we can hold
>>>>>> this second round vote immediately, otherwise we can hold it on  
>>>>>> Thursday.
>>>>>>
>>>>>> The second roll call vote will be between:
>>>>>>
>>>>>> The candidate who received the greatest combined percentage of  
>>>>>> the
>>>>>> votes when the results of each house is summed to the other
>>>>>> (Percentage from CP House + Percentage from NCP House) or, None  
>>>>>> of
>>>>>> the above
>>>>>>
>>>>>> If the candidate receives 60% votes of each House ( out of 7  
>>>>>> votes
>>>>>> for the CP House and 8 out of 13 votes for the NCP
>>>>>> House) then that candidate has been elected and will take over as
>>>>>> chair of the meeting at that point.
>>>>>>
>>>>>> Otherwise, the election then the election is halted and  
>>>>>> rescheduled
>>>>>> for a month later.  In this case the two vice-chairs will take  
>>>>>> over
>>>>>> as interim co-chairs at the end of the week.
>>>>>>
>>>>>> I believe this process follows from the rules set for the  
>>>>>> election
>>>>>> of chairs in the new bi-cameral council.  I very much look  
>>>>>> forward
>>>>>> to completing a successful election on Wednesday morning.
>>>>>>
>>>>>> Thanks,
>>>>>>
>>>>>>
>>>>>>
>>>>>> a.
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>
>>>>
>>>>
>>>>
>>>
>>>