Election Rules: Difference between revisions

From Wikimedia UK
Jump to navigation Jump to search
(→‎Election Committee: change to "Tellers")
(→‎References: add note)
 
(58 intermediate revisions by 7 users not shown)
Line 1: Line 1:
{{notice|At the [[Wikimedia_UK_v2.0/Board_meetings/2008-11-25|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}}
{{Constitution}}
{{MembershipApproved | 2015 Annual General Meeting/Resolutions | 25 July 2015
| notes    = These Rules have been entrenched, which means they cannot be revised without the agreement of the membership. Text in ''italics'' is for explanation only and is not part of the rules.
| lastid  = 68205
| history  = {{MembershipApprovedHistory | Meetings/2009-01-19 | 19 January 2009 | Initial adoption by the Board |433}}<!--
-->{{MembershipApprovedHistory | Meetings/2009_AGM/Minutes#Resolutions | 26 April 2009 | Entrenched by the members |3575 | lastid =433 }}<!--
-->{{MembershipApprovedHistory | Annual Conference 2012 AGM Minutes | 12 May 2012 | Changing board terms to 2 years |22964 | lastid =3575 }}<!--
-->{{MembershipApprovedHistory | EGM 2013/Resolutions | 13 April 2013 | Changing to STV |38401 | lastid =22964 }}<!--
-->{{MembershipApprovedHistory | 2015 Annual General Meeting/Resolutions | 25 July 2015 | Legal clarifications;  approval vote if too few candidates for contested election | 68205 | lastid = 58505}}
}}


These Election Rules will be opted under [[Wikimedia_UK_v2.0/AoA#Rules|Article 28]] and nothing in these rules can contradict anything that is written in the [[Wikimedia_UK_v2.0/AoA|Articles of Association]] themselves.
==Introduction ==
These Election Rules govern the process of appointing directors under Article 17.1 of the charity's [[Articles|Articles of Association]]. In the event of any contradiction between these rules and the articles, the provisions of the articles shall prevail.


The relevant clauses in the Articles of Association include:
==Teller(s)==


:''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.
The board shall appoint one or more tellers who will count the votes in accordance with these rules. Neither candidates for election nor persons with a family or business connection to them shall be eligible to serve as tellers.  


:''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.
== Call for candidates and notice of general meeting ==


:''16.1 Providing that one or more valid nominations for Directors are received, all Directors shall retire from office at each Annual General Meeting
The notice under Article 6.1 of a general meeting at which an election is to be held under Article 17.1 shall be sent out with an invitation for candidates. The invitation shall include the following information, or shall link to it on line:


:''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
* a summary of the duties and obligations of directors
* a summary of the statutory restrictions on who can serve as a director
* such additional information as the board may decide
* a nomination form. The form shall set out the information required of the candidate under Article 17.3(b), and shall include space for
**a candidate statement
**a declaration by the candidate that he or she supports and wishes to advance the objects of the charity and is eligible to serve (is not disqualified from acting as a director)
**signatures of candidate and proposer
* details of the deadline for returning the form, which shall be at least three clear days after notice has been given.


:''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.
== Notice of intended election ==


== Tellers ==
The notice of intended election sent under Article 17.4 shall include the following information, or shall link to it on line:
 
* notice that an ordinary resolution to elect directors under Article 17.1 will be put to the meeting
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 tellers will decide the most appropriate course of action and their decision shall be final and binding on all parties.
* a proxy form having a ballot paper section with a list of candidate names and information regarding their candidacy (or a link to such information). If any candidate is under the age of 18 that fact shall be noted
 
* details of the deadline and process for registering a vote by proxy.
== Number of Directors ==
 
When the Articles were being drafted, the Board [[Wikimedia_UK_v2.0/Board_meetings/2008-10-13#Proceedings_of_Directors|agreed]] they would put an Ordinary Resolution to the first AGM establishing a maximum number. The interim Board has five directors [[Wikimedia_UK_v2.0/Candidate_FAQs#Why_is_the_initial_Board_to_consist_of_only_five_members.3F|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:
 
* Germany: [http://meta.wikimedia.org/wiki/Wikimedia_Deutschland#Vorstand Seven]
* Austria: [http://www.wikimedia.at/node/8 Eight]
* France: [http://meta.wikimedia.org/wiki/Wikim%C3%A9dia_France Nine], and
* Australia: [http://www.wikimedia.org.au/wiki/Committee Seven]
 
We have decided that the maximum number of directors will be [''insert number'']


== Voting system ==
== Voting system ==


The interim Board was elected using the "[[en:Approval voting|Approval Voting]]" system. When the Board was discussing these Articles<ref>See http://meta.wikimedia.org/w/index.php?title=Wikimedia_UK_v2.0/Board_meetings/2008-10-13/IRC&action=edit&section=1 ~22:20</ref>  the general feeling was that approval voting should be used again, but this would be left to the Election Rules to specify.
If at the date the notice of intended election is sent there are more candidates than positions available, the ballot shall be conducted according to the single transferable vote system. The [http://www.openstv.org/votingmethods/ers97 ERS97] variant as implemented by the [http://www.openstv.org/ OpenSTV software] shall be used unless otherwise proposed by the teller(s) and approved by the board. Voters shall be asked to rank candidates in order of preference.
 
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 dont get more than 50%. The purpose of this proviso is to prevent a situtation occuring where all the directors resign at the AGM and no-one is elected in their place, leacing the organisation in legal limbo.
 
Under [[Wikimedia_UK_v2.0/AoA#Proceedings_of_Directors|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].


== Ballotting ==
If at the date the notice of intended election is sent there are fewer candidates than positions available, or the same number of candidates as positions, the ballot shall be conducted according to the approval system.  Voters shall be asked to indicate 'yes' or 'no' for each candidate.


The election committee shall send a notice to each member who is entitled to a vote, containing a ballot paper containing a list of candidate names and information regarding their candidancy or a link to such information. This information shall include the information about the candidate specified in [[Wikimedia_UK_v2.0/AoA#Appointment of Directors|Article 17.2 (b)(iii)]]. The notice will instruct the member to vote by putting "Yes" or "No" next to each candidate and will contain details of how to return the ballot and the deadline for returning them. If the candidate is under 18 or qualifies for a reserved seat that fact will be noted.
The withdrawal of a candidate or candidates from the election after the notice of intended election has been sent shall not change the type of ballot to be conducted.


The notice shall be sent out with between seven and 28 clear days before the AGM in compliance with Article 17.3.
== Members voting in person ==


Ballot papers will also be made available to people attending the AGM in person.
Ballot papers shall also be made available to members entitled to vote who attend the general meeting in person.


== Counting ==
== Counting ==


The election committee shall collect all the ballot papers and count them at the AGM.
The teller(s) shall count the in-person and proxy votes at the meeting to determine the result of the ordinary resolution under Article 17.1.
 
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:
 
If reserve seat(s) have been created, it shall be filled with the qualifying candidate that receives the highest number of votes.


This shall be repeated until all the reserve seats have been filled. If there are insufficient qualifying candidates, the unfilled reserve seats shall remain unfilled.  
If the ballot is by single transferable vote, directors shall be elected to fill all available positions, subject to there being sufficient candidates. If a candidate has given notice to the teller(s) prior to the start of the count that they wish to withdraw, any preferences cast for that candidate shall be ignored.


Stage 3:
If the ballot is by the approval system, only candidates who receive more 'yes' votes than 'no' shall be elected. If a candidate has given notice to the teller(s) prior to the start of the count that they wish to withdraw, the candidate shall not in any event be elected.


The first regular seat shall be filled with the remaining candidate that receives the highest number of 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.  
The teller(s) shall state at the meeting:
* the total number of ballots received, and
* the number of first preferences or the number of 'yes' and 'no' votes received for each candidate.


The second regular seat shall be filled with the remaining candidate that 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.
== Directors required to retire at next Annual General Meeting ==


This shall be repeated until all the regular seats have been filled. If there are insufficient candidates who receive a majority of "Yes" votes, the unfilled regular seats shall remain unfilled.
Should some of the newly-elected directors be required to retire at the next Annual General Meeting under the provisions of Articles 16.3 and 16.4, the ordinary resolution shall include a provision that the directors retiring shall be those who received the fewest first preferences, or the fewest 'yes' votes, and that in the event of a tie a teller will draw lots.


== Announcement ==  
==''See also''==
*''[[Voting checks|Voting checks policy]]''


The election committee 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.
== Notes ==
''(Not part of the rules)''.


== Election system ==
These rules relate specifically to elections to the board of Wikimedia UK. Votes on other issues at a General Meeting do not have to comply.


[Add any other changes to the way the election should be run]
[[Category:Constitution]]

Latest revision as of 21:44, 8 July 2018

This document has been approved by the Membership on 25 July 2015 (approved revision, subsequent changes)
Changes to this document are subject to membership approval, and should be proposed at the next General Meeting. These Rules have been entrenched, which means they cannot be revised without the agreement of the membership. Text in italics is for explanation only and is not part of the rules.
Approval history:

19 January 2009 - Initial adoption by the Board (approved revision)
26 April 2009 - Entrenched by the members (approved revision, changes)
12 May 2012 - Changing board terms to 2 years (approved revision, changes)
13 April 2013 - Changing to STV (approved revision, changes)
25 July 2015 - Legal clarifications; approval vote if too few candidates for contested election (approved revision, changes)

Introduction

These Election Rules govern the process of appointing directors under Article 17.1 of the charity's Articles of Association. In the event of any contradiction between these rules and the articles, the provisions of the articles shall prevail.

Teller(s)

The board shall appoint one or more tellers who will count the votes in accordance with these rules. Neither candidates for election nor persons with a family or business connection to them shall be eligible to serve as tellers.

Call for candidates and notice of general meeting

The notice under Article 6.1 of a general meeting at which an election is to be held under Article 17.1 shall be sent out with an invitation for candidates. The invitation shall include the following information, or shall link to it on line:

  • a summary of the duties and obligations of directors
  • a summary of the statutory restrictions on who can serve as a director
  • such additional information as the board may decide
  • a nomination form. The form shall set out the information required of the candidate under Article 17.3(b), and shall include space for
    • a candidate statement
    • a declaration by the candidate that he or she supports and wishes to advance the objects of the charity and is eligible to serve (is not disqualified from acting as a director)
    • signatures of candidate and proposer
  • details of the deadline for returning the form, which shall be at least three clear days after notice has been given.

Notice of intended election

The notice of intended election sent under Article 17.4 shall include the following information, or shall link to it on line:

  • notice that an ordinary resolution to elect directors under Article 17.1 will be put to the meeting
  • a proxy form having a ballot paper section with a list of candidate names and information regarding their candidacy (or a link to such information). If any candidate is under the age of 18 that fact shall be noted
  • details of the deadline and process for registering a vote by proxy.

Voting system

If at the date the notice of intended election is sent there are more candidates than positions available, the ballot shall be conducted according to the single transferable vote system. The ERS97 variant as implemented by the OpenSTV software shall be used unless otherwise proposed by the teller(s) and approved by the board. Voters shall be asked to rank candidates in order of preference.

If at the date the notice of intended election is sent there are fewer candidates than positions available, or the same number of candidates as positions, the ballot shall be conducted according to the approval system. Voters shall be asked to indicate 'yes' or 'no' for each candidate.

The withdrawal of a candidate or candidates from the election after the notice of intended election has been sent shall not change the type of ballot to be conducted.

Members voting in person

Ballot papers shall also be made available to members entitled to vote who attend the general meeting in person.

Counting

The teller(s) shall count the in-person and proxy votes at the meeting to determine the result of the ordinary resolution under Article 17.1.

If the ballot is by single transferable vote, directors shall be elected to fill all available positions, subject to there being sufficient candidates. If a candidate has given notice to the teller(s) prior to the start of the count that they wish to withdraw, any preferences cast for that candidate shall be ignored.

If the ballot is by the approval system, only candidates who receive more 'yes' votes than 'no' shall be elected. If a candidate has given notice to the teller(s) prior to the start of the count that they wish to withdraw, the candidate shall not in any event be elected.

The teller(s) shall state at the meeting:

  • the total number of ballots received, and
  • the number of first preferences or the number of 'yes' and 'no' votes received for each candidate.

Directors required to retire at next Annual General Meeting

Should some of the newly-elected directors be required to retire at the next Annual General Meeting under the provisions of Articles 16.3 and 16.4, the ordinary resolution shall include a provision that the directors retiring shall be those who received the fewest first preferences, or the fewest 'yes' votes, and that in the event of a tie a teller will draw lots.

See also

Notes

(Not part of the rules).

These rules relate specifically to elections to the board of Wikimedia UK. Votes on other issues at a General Meeting do not have to comply.

Retrieved from "https://dev.wikimedia.org.uk/w/index.php?title=Election_Rules&oldid=75428"