Election Rules: Difference between revisions

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{{notice|These election rules were adopted under [[Wikimedia_UK_v2.0/AoA#Rules|Article 28]] of the chapter's constitution at a Board meeting on [[Wikimedia UK v2.0/Board meetings/2009-01-19|19 January 2009]]. Text in ''italics'', the introduction and the references are for explanation only and are not part of the rules.}}
{{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 have been adopted under [[Wikimedia_UK_v2.0/AoA#Rules|Article 28]] of the chapter's constitution; in the event of any contradiction between these Rules and the [[Wikimedia_UK_v2.0/AoA|Articles of Association]], the provisions of the Articles will apply.
==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 ==


== Teller(s) ==
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 uncertainty 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.
* 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].
 
The maximum number of directors shall be seven.


== 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.
 
Members of the board shall be elected using the approval voting system.
 
:''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 top 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. When discussing this again, it was felt that we should ensure that a workable Board is always in place.
 
The three candidates with the highest number of votes shall always be elected. Further candidates, up to the maximum, are only elected if they have more than 50% approval.
 
== Request for candidates ==
 
:''Under [[Wikimedia_UK_v2.0/AoA#General_meetings|Article 6.1]], notice of the AGM has to be sent out at least 21 days before the AGM.
 
An invitation for candidates for election to the Board shall be sent out with the notice of the AGM. 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,<ref>See [[Wikimedia_UK_v2.0/AoA#Appointment_of_Directors|Article 17.2(b)(iii)]]</ref> with space for a candidate statement
* the deadline for returning the form to the Teller(s), which will not be less than 14 days and no more than 35 days before the AGM,<ref> See [[Wikimedia_UK_v2.0/AoA#Appointment_of_Directors|Article 17.2(b)]]</ref> and at least three clear days after notice has been given


The Teller(s) will collect the nomination forms and determine which candidates are validly nominated.
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.


== Balloting ==
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.


No less than seven<ref>See [[Wikimedia_UK_v2.0/AoA#Appointment_of_Directors|Article 17.3]]</ref> 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:
== Members voting in person ==


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


== Counting ==
== Counting ==


The teller(s) 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.
 
If a candidate has given notice to a Teller prior to the start of the count that they wish to withdraw, any votes cast for that candidate shall be ignored.
 
;Stage 1:
 
The teller(s) shall 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 three seats shall be filled with the candidates that receive the highest number of votes. As an exception to this, if two or more of these candidates are under 18, only the top placed candidate under 18 shall fill a seat and the other two seats shall be filled by the two top placed candidates who are over 18.
 
;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 seats shall remain unfilled.
 
== Restriction on the powers of the Board ==


:''This clause forces the Board to hold a new vote within two months if the top three candidates do not receive more than 50% of the vote. To be effective, this rule must be entrenched with a Special Resolution passed by the AGM under [[Wikimedia_UK_v2.0/AoA#Powers_of_Directors|Article 15]]; otherwise the new Board could simply re-write the rule.  Note that the three-member Board retain their full powers during these two months.
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 any of the candidates elected in Stage 2 do not obtain a majority of "Yes" votes, the powers of the Board shall be restricted such that the Board must call an extraordinary general meeting within two months of the election. The provisions of [[Wikimedia_UK_v2.0/AoA#Retirement_of_Directors|Article 16 (Retirement of Directors)]] and these Election Rules shall apply as if the general meeting were an Annual General Meeting.
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.


== Resolution to appoint ==
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.


Immediately prior to 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.
== Directors required to retire at next Annual General Meeting ==


== Announcement ==
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.


The teller(s) shall announce the results of the election at the AGM immediately after the Ordinary Resolution formally appointing the directors. The announcement shall 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.
==''See also''==
*''[[Voting checks|Voting checks policy]]''


== References ==
== Notes ==
''(Not part of the rules)''.


{{reflist}}
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.


[[Category:Wikimedia UK]]
[[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.

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