Adopting Special Election Procedures
Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers to Adopt Special Election Procedures
Las Vegas, Nevada
November 19, 2011
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 Las Vegas:
- 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.
- When the Board must vote between more than two candidates, and no candidate receives a majority vote of the present members of the Board of Directors, the candidate receiving the fewest votes shall be eliminated from subsequent balloting.
- The elected director will serve the remainder of the terms of the vacant position, which expires at the Annual Meeting on July 27, 2013.