Establishing Special Election Procedures
Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Establishing Special Election Procedures
November 7, 2009
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 Portland:
- 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.
- 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.
- Since 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, the election will conclude.
- If no candidate receives a majority vote of the present members of the Board of Directors, 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 terms of the vacant position, which expires at the Annual Meeting on August 14, 2010.