[Community-Discuss] [members-discuss] Faulty result for Western Africa in AfriNIC AGMM Elections

Thu May 17 09:08:42 UTC 2018

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:owen at delong.com]
> *Sent:* 17 May 2018 04:27
> *To:* Omo Oaiya <Omo.Oaiya at wacren.net>
> *Cc:* community-discuss <community-discuss at afrinic.net>; AfriNIC
> Discuss <members-discuss at afrinic.net>
> *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 <Omo.Oaiya at wacren.net
> <mailto:Omo.Oaiya at wacren.net>> 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
>
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>
>
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-- 
Mark James ELKINS  -  Posix Systems - (South) Africa
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