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Section D    PROCESS - ELECTIONS, SELECTIONS, AND APPOINTMENTS

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Elections, selections and appointments

 1.General provisions

1.1. According to the ICANN Bylaws, the ALAC Chair has to be formally elected. Other selections and appointments can be made by consensus, but failing that, elections can always be used as a last resort.

1 1.2.  Elections  Elections and selections can take place by electronic mail, online ballot, written ballot, or any other convenient and accurate means that are deemed to provide appropriate degree of confidentiality.

 2. Procedures for the election of Chair and selection of the ALAC Leadership Team

2.1. Ordinary Chair Elections

2.1.1. Ordinary elections of the ALAC Chair shall be held so as to have the new Chair selected prior to the start of the AGM. The selection should preferably be completed at least three (3) weeks prior  prior to the start of the AGM to allow for the orderly selection of the rest of the ALAC Leadership Team.

2.1.2. The time schedule of the election process must take into account a  possible a  possible run-off election.

2.1.3. The Chair / ALAC Staff will send to an appropriate ALAC mailing list an “election call” for the ALAC Chair, giving the schedule and modalities of the election process and a requesting nominations (including self-nominations) by ALAC Members. The election call will allow at least fourteen (14) days for nominations.
 
2.1.4. The requirements to be met by nominees for Chair are listed in section X of the RoP.

2.1.5.5  A  A nominee must send a message of acceptance to the same list on which nominations were solicited within seven (7) days of the close of nominations. If the nominee does not have sending privileges to that list, the acceptance should be sent via ALAC Staff. If the nominee does not have an ALAC Statement of Interest, one must be completed prior to the close of the acceptance period.

2.1.6. After the deadline for nomination acceptance has passed, the Chair/ALAC Staff will post to the appropriate ALAC mailing list an “election summary” of all valid nominations for Chair, announcing the detailed election process.
 
2.1.7. Nominations shall then be discussed on the appropriate ALAC mailing list, conference calls, or other electronic or face-to-face meetings as appropriate.

2 2.1.8. The ALAC can designate an independent third party to conduct the mechanics of the vote.
 
2.1.9. The voting mechanism shall allow each Member to cast his/her vote in a confidential manner.

2.1.11. 10  The count of those voting must constitute an ALAC quorum for the election to be valid. 

2.2. Ordinary Leadership Team selections
 
2.2.1. Ordinary elections of the ALAC Leadership Team Members shall be held in connection with the AGM.

2.2.2. The incoming Chair must be selected prior to the initiation of the selection process of the other Members of the Leadership Team. (Cf. 2.1.1., 2.1.2).

2.2.3. The Chair / ALAC Staff will send to an appropriate ALAC mailing list a “selection call” for the Leadership  Team Leadership Team Members identifying the positions to be filled, giving the schedule and modalities of the selection process and requesting nominations (including self-nominations) by ALAC members. The selection call will allow at least seven (7) days for nominations.
 
2.2.4. The requirements to be met by Leadership Team nominees are listed in section X of the RoP.
 
2.2.5. A nominee must send a message of acceptance to the same list on which nominations were solicited within seven (7) days of the close of nominations. If the nominee does not have sending privileges to that list, the acceptance should be sent via ALAC Staff. If the nominee does not have an ALAC Statement of Interest, one must be completed prior to the close of the acceptance period.

 22.2.6. The selection of the Leadership Team Members (excluding the Chair) shall be carried out during the AGM using the standard ALAC process of consensus if possible, and barring that, by secret ballot. Regardless of outcome, there shall be not more than one person selected from each of the regions not represented by the Chair.

 2.3.

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 Extraordinary elections, selections and appointments

2.3.1.1  Extraordinary  Extraordinary elections are held, if for any reason a vacancy arises outside the normal election cycle, and  a Leadership Team position  (including the Chair) becomes vacant more than X months before the end of the term.

2.3.2.When such vacancy occurs, the Chair /ALAC  Staff ALAC  Staff will immediately send to an appropriate ALAC  mailing list an “selection/election call” for filling the open position for the remainder of the ordinary term, asking for nominations by a 14  day deadline or sooner, if warranted by special circumstances. The “selection/election call” should allow for nominations to be accepted within 7 days of the nomination.

2 2.3.3. If the Chair is the vacancy being filled, nominations may be for ALAC Members from any region. If one of the other Members of the Leadership Team is being filled, nominations may only be from for an ALAC Member from the region represented by the previous incumbent.

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2.3.6. If the Chair is being elected, and the incoming Chair is from different region than the Chair previously in office, then a new Leadership Team Member from the latter region must be selected.

 2.4.

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 Special provisions

2 2.4.1. The election system is described in the Annex.

2 2.4.2. If two or more candidates receive the same, highest number of preferences, a runoff election is to be conducted.

2 2.4.3. The Chair/ALAC Staff will post a new “election summary”, listing only the candidates that received the same, highest number of preferences, and select the date and time for the runoff election, to be held as soon as the electorate can be informed about it. 

2 2.43.4. In case no candidate is elected for any other reason (lack of valid nominations, lack of five valid preferences...), the Chair/ALAC Staff  Staff will immediately post a new “election call”, thus reopening nominations. The Chair and the serving officers may  jointly jointly appoint a Member to fill the vacancy who may serve until the elections process concludes, or until the term of office ends and a successor is elected, whichever shall come first.

2 2.43.5. Incumbent officers shall continue to serve in their position in full standing until a valid result is obtained for the election and a new officer is elected. 

 3.

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 Procedure for other appointments

3.1. Appointments of At-large Large representatives  to various ICANN bodies both inside and outside of the ALAC, including Liaisons,  will be made by the ALAC. Such appointments shall normally be initiated by a call for volunteers, posted by the Chair to an appropriate  ALACappropriate  ALAC/At Large mailing list, and on other lists, if appropriate, allowing at least 7 (seven) days for people to volunteer. The ALAC tries to reach consensus on the appointment(s). However, if consensus cannot be reached, or in case that this is requested any (AG) ALAC member, the Chair will start a formal election procedure.

3.2. ALAC Representatives to the Nominating Committee, one from each ICANN region,   will  will be selected by ALAC in consultation with the RALOs.

4.

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 Procedures for electing the ALAC representative to the ICANN Board

This rule describes the process by which an At-Large Board member is selected to fill the Board seat referred to as Seat 15 within the ICANN Bylaws.

4.1 Timing

For any regular term, the timing of the process described in this section must meet the ICANN Bylaw Article VI, Section 8 (1.f) and 8 (4) rquirement to provide written notice of the person selected to the Secretary of ICANN no later than six months before the conclusion of ICANN's annual meeting in 2014 and each ICANN annual meeting every third year after 2014.

4.2 Board Selection Process Committee

The ALAC shall name a Board Member Selection Process Committee (BMSPC) which will oversee the entire selection process including the election culminating the process but excluding those responsibilities specifically retained by the ALAC or given to the Board Candidate Evaluation Committee. At the ALAC’s choice, the ALAC shall either name a chair of the BMSPC or may instruct the BMSPC to select a chair from amongst its members.

4.3 Board Candidate Evaluation Committee

The ALAC shall name a Board Candidate Evaluation Committee (BCEC) to compile an initial slate of candidates for election to Seat 15. A new BCEC consisting of two delegates selected by each of the RALOs plus a chair selected by the ALAC will be convened for each Board seat selection process. No member of the electorate (see 27.7) may simultaneously serve as a member of the BCEC. The BCEC shall solicit Expressions of Interest (EoI) and only those submitting such EoIs may be considered by the BCEC. The task of the BCEC is to identify applicants who would each make an excellent Board Director, who have the highest integrity and capability, who are knowledgeable about both ICANN’s and At Large's mission and environment, and who are best able to articulate and advance the views and needs of the global community of Internet end users to the ICANN Board. The BCEC Operating Principles in use for the 2010 selection can be found at  (link to appropriate web page)https://st.icann.org/absdt/index.cgi?draft_bcec_operating_principles. 

4.4 Committee Overlap

No person who is or was a member of the current BMSPC or BCEC may submit a SoI to that BCEC. 

4.5 Procedures

The BMSPC and the BCEC shall adopt their operating procedures.  They shall be published and are subject to ALAC  review and approval.

4.6 Final Candidate List

Following the publication of the BCEC slate of candidates, RALOs have an opportunity to suggest adding candidates to that list.  The timetable should allow for  consultations and outreach both within and among RALO's. RALO's can only suggest candidates who had previously submitted a SoI to the BCEC during the current selection process. They will be added only   if they receive the support through formal action of at least three of the five RALOs.

4.7 Electorate

a) The electorate for the final election shall be the fifteen ALAC members plus the five RALO chairs.

b) If a member of the electorate is a candidate, the RALO for his/her region will name a replacement.

c) If a vote of a RALO Chair is to be directed by a RALO membership, that decision needs to be a formal decision of the RALO according to its rules.

4.8 Voting Process

a) All votes shall be by secret ballot. Votes may be cast electronically, in person, telephonically or some combination thereof. For votes cast in person or telephonically, the services of a trusted third party will ensure the secrecy of the ballot. Proxies are allowed only in accordance with explicit ALAC Rules of Procedure governing their use, or with explicit BSPC rules governing their use.

b) If there is only one candidate on the Final Candidate List, that candidate shall be acclaimed the winner.

c) If there are more than three candidates on the Final Candidate List, the first vote shall be using an accepted voting method which allows the three most preferred candidates to be selected.

d) When there are three candidates remaining, there shall be vote of the electorate. Should one candidate receive more than 50% of votes cast, that candidate shall be declared the winner. If not, the candidate with the least votes shall be removed. If there is a tie for last position,and if sufficient time remains, the BMSPC, will run the tied election over again in case voter positions have changed. In any given step of the process, this can be done just once.

e) When there are two candidates remaining, there shall be vote of the electorate. Should one candidate receive greater than 50% of votes cast, that candidate shall be declared the winner. If there is a tie,  and if sufficient time remains, the BMSPC, will run the tied election over again in case voter positions have changed. In any given step of the process, this can be done just once.

f) If there is no time to run the tied election over again as called for in d) and e), a random selection by a method determined in advance by the BMSPC shall be used to identify the candidate to be removed.

4.9 History

To ensure that the process history is not lost despite the volunteer and staff turnover and the infrequency of At-Large Board Member selections, the ALAC shall preserve ALAC and ABSdt documents giving the history of the creation of this Rule; and the BSPC/BMSPC and BCEC operating procedures and other non-confidential documents.

5. RECALL

5.1 A recall vote can be initiated by:

A request, specifying the officer or appointee to be recalled and the reasons for such proposal, posted to the list specified in an adjunct document,  and supported by at least five delegates; 

The Chair, upon verification of the lack or loss of eligibility requirements, or failure to meet participation requirements set forth in rule 21.

5.2. Before proceeding to the formal recall process, the Chair may encourage the officer or appointee concerned to resign. (AG)

5.3 In case a recall vote is initiated, the Chair will send a message to the  list specified in an adjunct document, announcing such vote, and including the date and time for the vote, selected by the Chair and situated no earlier than 7 (seven) and no later than 14 (fourteen) days after the date of the announcement. Between the announcement and the vote, the matter will be discussed on the public ALAC list, including counter-arguments by the officer under recall. 

5.4. A voting instrument meeting the requirements set forth in 9.6 will be set up by staff or disinterested third party. Each delegate will be allowed to cast a vote picking among “in favour”, “against” or “abstain”.

5.5 In case that at least nine votes are cast in favour of recall and not less than 11 ALAC members participate in the vote (for the purpose of this article, a vote Yea, Nay of Abstain shall count as participation) and   the recall is successful;   in all other cases, it is not. 

5.6 In case of successful recall, the Chair will promptly post an “election call” to start the procedure defined in Rule 9, to elect a replacement. The recalled officer or appointee will continue to serve until a replacement is elected, or if unable to serve or to serve in the best interests of the ALAC and At Large, then an interim representative or officer can be appointed by the ALAC.

TBC

5. Recall

TBC

(THIS SECTION WAS A  TEMPLATE; will be removed)

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