Election Rules: Difference between revisions
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* Australia: [http://www.wikimedia.org.au/wiki/Committee Seven] | * Australia: [http://www.wikimedia.org.au/wiki/Committee Seven] | ||
We have decided that the maximum number of directors will be | We have decided that the maximum number of directors will be seven. | ||
== Voting system == | == Voting system == | ||
Revision as of 20:16, 18 December 2008
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At the Board meeting on the 25 November, it was agreed that we would start to draft some Election Rules to cover the election of the Directors at the AGM. Items under discussion are surrounded by [ ]. Please suggest and changes here and on the talk page as appropriate |
These Election Rules will be opted under Article 28 and nothing in these rules can contradict anything that is written in the Articles of Association themselves.
The relevant clauses in the Articles of Association include:
- 14.1 A Director must be a natural person aged 16 years or older except that a person aged under 18 may not be appointed a Director if after their appointment a majority of Directors would be aged under 18.
- 14.3 The number of Directors shall be not less than three but (unless otherwise determined by ordinary resolution) shall not be subject to any maximum.
- 16.1 Providing that one or more valid nominations for Directors are received, all Directors shall retire from office at each Annual General Meeting
- 17.2 No person may be appointed a Director at any general meeting unless (a) he or she is retiring as a Director; or (b) not less than fourteen nor more than thirty-five clear days before the date of the meeting, the charity is given notice
- 17.4 Where a vacancy has arisen due to the resignation, death or ineligibility of a Director, the remaining Directors may by a unanimous decision at a meeting of the Directors appoint a person who is willing to act to fill the vacancy.
Teller(s)
The Board shall appoint one or more tellers who will count the votes in accordance with these rules. Candidates for election shall not be eligible to serve as tellers. Where there is any uncertainly arising from the application of these rules, the teller(s) will decide the most appropriate course of action and their decision shall be final and binding on all parties.
Number of Directors
When the Articles were being drafted, the Board agreed they would put an Ordinary Resolution to the first AGM establishing a maximum number. The interim Board has five directors on the grounds that "A smaller Board is beneficial in the early stages as it helps with certain approvals especially Bank Account opening."
A review of other chapters shows they have:
We have decided that the maximum number of directors will be seven.
Voting system
The interim Board was elected using the "" system. When the Board was discussing these Articles[1] the general feeling was that approval voting should be used again, but this would be left to the Election Rules to specify.
We have decided to [adopt the approval voting system again].
Under the approval voting system, the candidates who receive the greatest number of positive votes are elected. For the interim Board, a proviso was added that candidates would only be elected if they received a majority of votes. This means that if fewer than the maximum number of directors got 50% approval, only those that did get more would be elected.
We have decided to [adopt this criteria again].
However, when discussing the articles, it was agreed that there should be an exception to this so that the candidate who receives the most votes will always be elected - even if they don't get more than 50%. The purpose of this proviso is to prevent a situation occurring where all the directors resign at the AGM and no-one is elected in their place, leaving the organisation in legal limbo.
Under Article 20.8, the only thing that director could do is call another General Meeting to elect a new Board.
Therefore, we have decided to [adopt this proviso].
Request for candidates
Under Article 6.1, notice of the AGM has to be sent out at least 21 days before the AGM. When this notice is sent out, it shall be accompanied by a invitation for candidates for election to the Board. This invitation shall include:
- details of the duties and obligations of a director-trustee
- details of the statutory restrictions on who can serve as a director-trustee
- a nominating form for candidates to return to the Teller(s) setting out the required information [2]
- the deadline for returning the form to the Teller(s), which will not be less than 14 days before the AGM.[3]
The Teller(s) will collect the nomination forms and determine which candidates are validly nominated.
Balloting
No less than seven[4] clear days before the AGM the teller(s) shall send a notice to each person who is entitled to a receive notice of the general meeting. The notice shall contain:
- a ballot paper containing a list of candidate names and information regarding their candidacy or a link to such information. If the candidate is under 18 that fact will be noted.
- an instruction that the member should vote by putting "Yes" or "No" next to each candidate
- details of how to return the ballot and how to vote by proxy if they wish
- the deadline for returning the ballot
- a statement that a Resolution will be put to the AGM to appoint as directors the candidates elected by this election
Ballot papers will also be made available to members entitled to vote who attend the AGM in person.
Counting
The teller(s) shall collect all the ballot papers and count them at the AGM.
- Stage 1
The committee will rank the candidates in order of the number of "Yes" votes obtained. No distinction will be made between votes putting "No" next to a candidate and voters leaving a name blank.
- Stage 2
The first seat shall be filled with the candidate that receives the highest number of votes. As an exception to this, if that candidate is under 18 they will not fill that seat but it will pass to the next placed candidate.
- Stage 3
The next seat shall be filled with the candidate that, excluding those already filling a seat, receives the highest number of votes and who has also obtained a majority of "Yes" votes. As an exception to this, if that candidate is under 18 and a majority of the seats have, at this stage, been filled by candidates under 18, they will not fill that seat but it will pass to the next placed candidate who has also obtained a majority of "Yes" votes that is over 18.
Stage 3 shall be repeated until all the seats have been filled. If there are insufficient candidates who receive a majority of "Yes" votes, the unfilled regular seats shall remain unfilled.
Announcement
The teller(s) shall announce the results of the election at the AGM prior to the Ordinary Resolution formally appointing the directors. The announcement will include the names of the candidates, the number of "Yes" votes received, the total number of ballots received and the candidates elected under these rules.
Resolution to appoint
Following the announcement, an Ordinary Resolution shall be put to the meeting formally appointing as directors those candidates that the teller(s) announce have been duly elected.
Election system
[Add any other changes to the way the election should be run]