[Community-Discuss] [members-discuss] Faulty result for Western Africa in AfriNIC AGMM Elections
Ashok
ashok at afrinic.net
Thu May 17 16:17:22 UTC 2018
Dear Members and Community,
Mt views have been sought on the matter under reference.
Please find same hereunder.
On 17/05/2018 14:04, B
*_The Election Process and last AGMM._*
The appointment of Directors is carried out during an AGMM of the
Company –Art 13.1 of the constitution.
The election of the Directors is carried out in terms of Art 13.2 of the
constitution which refers expressly to the election process approved by
the Board.
MoreoverArt 10.2 of the Constitution refers to precedent applied during
an AFRINIC election and which de facto become part of the election
guidelines.
The election processas it stands today is the one which was applied
duringthe elections held during the last AGMM without any opposition.
This is what it provides:
*9.2 Paper Ballot on Election Day*
The voting conducted during the Annual General Members' Meeting is
carried out via paper ballots containing a list of candidate names and a
ballot number. Prior to the vote, all members present or participants
holding a proxy will be requested to register and validate their
membership status.
+ Voters should only vote for one candidate per
category/region. Each mark on a ballot paper represents one
vote. A ballot with more than one mark per category/region
will be considered spoilt, and not be counted.
+ The ballot paper should provide voters with the option to
not vote for any candidate (a.k.a. "None of the Above").
+ This will be a secret ballot election. An inclusion of any
personal data on the ballot paper will invalidate the vote
and will be counted as spoilt.
+ 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.
+ In the event of a tie for an open position, voting for that
position will be repeated (Only by paper ballot) the same
day until there is a winner.
+ 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 requestedto apply provisions of the Bylaws to
temporarily fill the vacant seat
The last amendment of the election guidelines introduced the voting
option “ None of the Above”. –(Vide second bullet point above.)Those
voters who have cast their votes for “ None of the Above” have done so
in compliance with the prevailingconstitution and these are thus valid
votes. Every voter was aware of the new option.
The election guidelines are clear as to what happens when the “ None of
the Above” option has a majority.- (Vide last bullet point above.)
The election guidelines must be read as a whole and all the provisions
read together.
Legal Counsel –AFRINIC
17.05.2018
oubakar Barry wrote:
>
> Hello Board and Legal Counsel,
>
> Good that Omo spotted this.
>
> It’s a matter of applying the board election process adopted by the
> board according to section 13.2 of the bylaws.
>
> https://afrinic.net/en/community/elections/bod-election/process
> describes the process and section 9 spells out how to interpret the
> results in the case there are more than one candidate and in the case
> there is only one candidate. These two cases are addressed separately
> and differently.
>
> It’s important to hear from the Board and the Legal Counsel, as the
> elections can be challenged.
>
> Please advise.
>
> Regards.
>
> Boubakar
>
>
> On Wed, May 16, 2018 at 5:24 PM, 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
> <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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