{{{#!wiki caution
At the moment this is a proposal for a rule change. It was not implemented and is not binding.
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= Proposal for Rule change of CAcert Inc statutes rule 16 =
Board asked for a rule change in [[Brain/CAcertInc/Committee/MeetingAgendasAndMinutes/2016-04-24|committee meeting from 2016-04-24]].

The following proposal was created by EvaStöwe on this request, as volunteered in that meeting. (The original proposal was created [[http://pad.cacert-phoenix.org/p/board-election|here]])


== Current version ==

Version as in [[https://svn.cacert.org/CAcert/CAcert_Inc/By-Laws/CAcert-Rules%20of%20Association.pdf|current statutes]] as linked on [[Brain/CAcertInc/AssociationRules]] (there is an older version for anybody who cannot access svn).

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16. Election of members
(1) Nominations of candidates for election as office-bearers of the association or as ordinary members of the committee:

    (a) must be made in writing or by digitally signed email, signed by 2 members of the association and accompanied by the written or digitally signed email consent of the candidate (which may be endorsed on the form of the nomination), and

    (b) must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.


(2) If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and 
further nominations are to be received at the annual general meeting.

(3) If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.

(4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.

(5) If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.

(6) The ballot for the election of office-bearers and ordinary members of the committee is to be conducted at the annual general meeting in such usual and proper manner as the committee may direct.

(7) Early Ballots may be made with digitally signed email to the secretary, or using other usual and proper methods as the committee may direct. Early ballots must be accepted from fourteen days prior to, and up to one hour before the meeting, and be accepted with signed email.
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== Proposal ==
=== Proposed wording ===
16. Election of members
 . (1) Nominations of candidates for election as members of the committee:
  . (a) must be made in writing or by digitally signed email, signed by 2 members of the association and accompanied by the written or digitally signed email consent of the candidate (which may be endorsed on the form of the nomination), and
  . (b) must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.

 . '''(2) A ballot has to be taken.'''

 . ('''3''') If '''after that ballot not''' all vacancies on the committee '''are filled''', further nominations are to be received at the annual general meeting '''for additional ballots to fill those vacancies'''.

 . ('''4''') '''A'''ny vacant positions remaining on the committee are taken to be casual vacancies.

 . ('''5''') The ballot for the election of members of the committee is to be conducted at the annual general meeting in such usual and proper manner '''so that'''

  . '''(a) the members can express their will per candidate'''

  . '''(b) no candidate with more negative than positive votes is elected'''

  . '''(c) the number of positive votes for the eligible candidates define the order of election.'''


 . '''(6) The process for the ballot has to be agreed on in any annual general meeting for which it is not defined via the invitation. A process described in the invitation can only be changed by the annual general meeting for good reasons.'''

 . (7) Early Ballots may be made with digitally signed email to the secretary, or using other usual and proper methods as the committee may direct. Early ballots must be accepted from fourteen days prior to, and up to one hour before the meeting, and be accepted with signed email.

=== Changes ===
16. Election of members
 . (1) Nominations of candidates for election as --(office-bearers of the association or as ordinary)-- members of the committee:
  . (a) must be made in writing or by digitally signed email, signed by 2 members of the association and accompanied by the written or digitally signed email consent of the candidate (which may be endorsed on the form of the nomination), and
  . (b) must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.

 . '''(2) A ballot has to be taken.'''

 . (--(2)--'''3''') If --(insufficient nominations are received to fill )--'''after that ballot not''' all vacancies on the committee '''are filled''', --(the candidates nominated are taken to be elected and)--further nominations are to be received at the annual general meeting '''for additional ballots to fill those vacancies'''.

 . (--(3)--'''4''') --(If insufficient further nominations are received a)--'''A'''ny vacant positions remaining on the committee are taken to be casual vacancies.

 . --((4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.)--

 . --((5) If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.)--

 . (--(6)--'''5''') The ballot for the election of --(office-bearers and ordinary )--members of the committee is to be conducted at the annual general meeting in such usual and proper manner --(as the committee may direct)--'''so that'''

  . '''(a) the members can express their will per candidate'''

  . '''(b) no candidate with more negative than positive votes is elected'''

  . '''(c) the number of positive votes for the eligible candidates define the order of election.'''


 . '''(6) The process for the ballot has to be agreed on in any annual general meeting for which it is not defined via the invitation. A process described in the invitation can only be changed by the annual general meeting for good reasons.'''

 . (7) Early Ballots may be made with digitally signed email to the secretary, or using other usual and proper methods as the committee may direct. Early ballots must be accepted from fourteen days prior to, and up to one hour before the meeting, and be accepted with signed email.
=== Comments for proposal ===
Core changes:
 * A clear reference that the offices are decided at the AGM is removed - without excluding this option
 * Always a ballot
 * majority of negative votes excludes the candidate, positive votes define who is elected (*) members have to be able to express their wish per candidate (**)
 * Emphasise to include the specific process for the ballot in the invitation and by this not fixing it it detail for ever but enabling every member to have a clear idea about it prior to the AGM [As the invitation has to come from the board, by this the "direction by the committee" is left in as default]

(*) I would prefer to have a wording that says something like "AYEs have to play a mayor role" - so that the option "AYE minus NAYE" is a valid one, as well - but I leave this to the native speakers. As I prefer the "only AYE" approach, I do not push such a change.

(**) I tried to allow that something else but vote by vote on each candidate individually is possible, if there are other tools available. I know that it is tedious to vote on every candidate separately. But, if it is too annoying, someone will just spring forward and updates the tool, somehow.

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== Discussion ==

I'd strongly prefer the selection order to be AYE - NAY : This allows for people to express opinions both ways (Actively suppport = Aye, Actively Oppose = Nay, Don't care = Abstain) when these are tied, then the larger number of ayes takes precedence - Alex-UK

If the ballot process is defined in the rules, it is not an option to change it at the meeting so the proposed clause 6 is inappropriate and probably should be removed. - Alex-UK
 . ''The ballot process is not defined in the rules. It is also not defined in the current version, which is visible above. The new version at least describes that it has to be clarified in advance and how this is done. To leave this part out would make everything less defined than it currently is which would be contrary to the idea of the requested rule change. - Eva''


''Space for comments and discussion''