[Community-Discuss] [members-discuss] Faulty result for Western Africa in AfriNIC AGMM Elections
Ashok
ashok at afrinic.net
Fri May 25 11:18:38 UTC 2018
Dear All,
I apologize for having missed your rejoinder to my mail.
Your first question regards the reason as to why the same principle has
been applied to the election for Seat 2
notwithstanding the fact that there were two candidates.
My response is that an election cannot be run on different principles.
In this particular election the option "none of the above " was
introduced for the first time and everyone was aware of this and it
applied to all the elections held on that day. The Election guidelines
were amended to acomodate this option.
Consequently this option has to be taken in consideration when
finalising the results.
Where there were two candidates. The options for voters were (1) yes for
candidate (1)-((2) yes for candidate 2-(3) yes for non of the above.Each
one is mutually exclusive.
Each score to be counted separately. The majority for either option wins
the day. One should not create a fictitious majority by adding votes
polled by (1) & (2) together. The real majority was to all intents and
purposes the option which polled the most votes. There is no need to
extrapolate or interpret.
Where there was one candidate there were two options- Yes for the single
candidate or yes for "non of the above"
My reference to Art 10.2 was based on the decision of the members
present at past AGMMs to have the option of rejecting a single
candidate or to give their approval to the single candidate, This has
occurred more than once.
Legal Counsel AFRINIC.
On 24/05/2018 21:11, Arnaud AMELINA wrote:
> Dear CEO and Chairman
>
> It looks like the Legal counsel has not responded to this query
> bellow regarding this very important issue about the recently
> concluded elections.
>
> Could you kindly remind him?
>
> Let us address this to a good conclusion in order to enforce the
> respect of our rules and processes.
>
> Regards
>
> Arnaud
>
> Le sam. 19 mai 2018 11:40, Omo Oaiya <Omo.Oaiya at wacren.net
> <mailto:Omo.Oaiya at wacren.net>> a écrit :
>
> Dear Legal Counsel,
>
> Thanks for your input. Much appreciated.
>
> Your statements reinforce the interpretation of section 9.2 of the
> guidelines with the origin of the "none of the above" option in
> the election process and how votes for this option are considered
> in the case of one candidate running for election for a seat.
> [Last bullet point]
>
> Case in which the election becomes a "yes" or "no" vote for the
> only candidate. This point is clear and accepted and the
> objection is not for the results for seat 5 and 6.
>
> What has not been clarified is how the same principle came to be
> applied for the elections for seat 2 which had two candidates
> running for the seat, one of whom got higher votes than the other,
> with the total number of members casting votes in excess of those
> opting out.
>
> You also referred to art 10.2 of the constitution but did not
> elaborate on the precedence that occurred that has become an
> integral part of our guidelines. As precedence automatically
> becomes part of the election guidelines, it is important that we
> address issues which come up around the election with care and
> unambiguously.
>
> Can you be so kind to clarify?
>
> Best wishes
> Omo
>
> PS: Grateful to listers to please keep this thread confined to
> the subject.
>
>
>
> On 17 May 2018 at 17:17, Ashok <ashok at afrinic.net
> <mailto:ashok at afrinic.net>> wrote:
>
> 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
>>>
>>> *
>>>
>>>
>>> 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
>> Community-Discuss at afrinic.net
>> <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>>
>>
>>
>>
>> _______________________________________________
>> Members-Discuss mailing list
>> Members-Discuss at afrinic.net <mailto:Members-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/members-discuss
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.afrinic.net/pipermail/community-discuss/attachments/20180525/e3a45d27/attachment.html>
More information about the Community-Discuss
mailing list