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ENGLISH:

Date: January 31st 2023

Interpretive Opinion of the Rules of Procedure for the nomination and election of authorities of the LACRALO GA by Carlos Dionisio Aguirre.

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1. The Assembly will open (on the date set and for the set period) by email communication from the President and/or Secretary of the Region to all representatives of ALSs, calling for "Nomination of candidates for the positions of President and Secretary" of the AG.” (In accordance with article 11.3 second paragraph)
2. The GA thus opened, it will be understood as a single act until the electronic voting, or the election is carried out. At the next monthly meeting of LACRALO, the elected authorities are proclaimed and take leadership. After the election of authorities, it will go to and pass to intermission until the activity resumes within the framework of ICANN 76 in Cancun.
3. Referring to the point 1- It will be understood that it is carried out in the first and second convocation, in the same act, for the purposes of the Quorum established by art. 11.6 and to effectively carry out the AG and taking into account that the same article. It does not specify if its stipulations refer to In-person, Virtual/Remote or Hybrid Assemblies. Therefore, the AG will be considered as having a Quorum regardless of the number of participating ALSs.
4. The metrics will not be applied and the concept of "Active ALS/s" will not be considered for this special event, this concept must be understood, written simply as "ALS/s", to facilitate the participation of all ALSs and the effective realization of the GA.
5. Continuing with the GA, which remains open, and once the term for the nomination of candidates has expired, the electronic voting process will be prepared and the voting credentials will be sent by email to be able to exercise the right to vote (on the date and established term), clarifying and notifying in this same act that if a quorum is not reached (item 6) in the virtual vote, a new election will be held on February 20, 2023 on the occasion of the monthly LACRALO meeting with the representatives of ALSs attending the same. In the case of only 1 candidate for each position to be filled, the voting options will only be for the affirmative or the abstention.

CALENDAR

Las  fechas propuestas para esto son:

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1. The Quorum for virtual voting is established in article 15 of the Rules of Procedure and with the sole consideration of what is established in point 4 of this document.
2. After the voting has been carried out and closed, the winner will be the result of considering the provisions of articles 16 and 17 of the Operating Rules.
3. If the necessary quorum is not obtained (art.15) after the calculations of the virtual election carried out and established in the same art. 15, a new vote will be carried out during the LACRALO monthly meeting on February 20, 2023, with the representatives of the ALSs present at said meeting.
4. The candidates who are elected will immediately be proclaimed and will assume their functions. (Article 11.7 establishes the responsibilities of the President.) and at that moment they will proceed to open an intermediate room that will persist until activities are reopened on the date scheduled for GA session during the ICANN76 meeting.
5. If for any reason or cause the virtual election could not be held, or had not reached the required Quorums: Once met in Cancun on March 13, 2023 in a hybrid meeting and with the representatives of the ALSs present in a manner In person and remotely, the candidates originally nominated will be voted on and the candidate who reaches the simple majority of weighted votes will be elected (This is taking into account that the Rules of Procedure do not stipulate anything for not having contemplated it and in relation to Assemblies through a hybrid system of participation ).

CALENDAR

• GA Opening with call for nominations : 06  Feb 2023
• Close call for nominations  : 10 Feb 2023
• Elections  : del 14 al 17 de Feb 2023
• Communication of results, GA Authorities take their seats and GA enters are recess:  Feb 20 2023.

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Opinion Legal (emitida en Diciembre 2022) 

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Todo lo anterior habiéndose tenido en cuenta las Reglas de Procedimiento de LACRALO vigentes a la fecha, especialmente los art. 9; 10; 11; 11.3; 12; 13; 15 y 16.

Legal Opinion (EN) - 

Consideration of the possibility of starting the LACRALO General Assembly on a date prior to the face-to-face call during the ICANN76 meeting to be held in Cancun (Mex) in mid-March 2023, and taking into account the stipulations contained in the Rules of Procedure of the region, all this in order to reach the meeting in Cancun with the Assembly already open and its designated authorities, which would result in more time allocated face to face to discuss planned and important issues for the consolidation of the present and future work of the Regional Organization. We present this position in a POSITIVE sense, however, and in order for it to comply with current regulations, certain precautions that are detailed below must be met:

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