Board Resolution ~ 10/27/2012

Establishing Special Election Procedures

Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Establishing Special Election Procedures  

New Orleans, Louisiana
October 27, 2012

WHEREFORE there is a vacancy on the NACDL Board of Directors,

WHEREFORE pursuant to NACDL’s bylaws, the vacancy was announced publicly and applications sought for the Director post,

WHEREFORE a number of qualified members timely submitted applications were received for the vacancy,

WHEREFORE Article VI, Section 6(b) of NACDL’s bylaws provides that the elections rules and procedures for a special election be adopted by the Board preceding the election,

Now THEREFORE, the following procedures shall govern the special election to be held at the NACDL Fall meeting in New Orleans:

  • Each candidate will be given the opportunity, if they so choose, to speak briefly regarding their qualifications at the meeting of the Board of Directors prior to the commencement of the voting. No negative inference will be drawn should a candidate not address the board.
  • Voting will be conducted by secret ballot.
  • Article VI, Section 6(b) of the NACDL bylaws requires that, to be elected, a candidate for a vacant position on the Board of Directors receive “the majority vote of the Board of Directors.” Article III, Section 6(b) of the bylaws authorizes present Officers, Directors, and past-presidents who are current voting members of the Association to participate in the vote.
  • Because there is one vacancy, each member of the Board of Directors will be permitted to vote for one candidate.
  • If one candidate receives a majority vote of the present members of the Board of Directors after the first round of balloting, that candidate will have been elected.
  • If, in any round of balloting, no candidate receives a majority vote of the present members of the Board of Directors, the candidate who receives the lowest number of votes will be eliminated and balloting for both positions will continue.
  • Balloting will continue until one candidate has, as required, received a majority vote of the Board of Directors.
  • The elected director will serve the remainder of the term of the vacant position, which expires at the Annual Meeting on July 27, 2013.

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