NCSG Election Clarifications

[Amr Elsadr]

Hi Tapani,

Yes. What qualifies as a “vacancy”, as well as how it is to be filled is defined in Article 11.3(c) of the bylaws as follows:

"A vacancy on the GNSO Council shall be deemed to exist in the case of the death, resignation, or removal of any member. Vacancies shall be filled for the unexpired term by the appropriate Nominating Committee or Stakeholder Group that selected the member holding the position before the vacancy occurred by giving the GNSO Secretariat written notice of its selection. Procedures for handling Stakeholder Group-appointed GNSO Council member vacancies, resignations, and removals are prescribed in the applicable Stakeholder Group Charter."

Thanks.

Amr

> On Jun 2, 2020, at 1:29 PM, Tapani Tarvainen <ncsg at TAPANI.TARVAINEN.INFO> wrote:
>
> On Tue, Jun 02, 2020 at 10:26:11AM +0000, Amr Elsadr (aelsadr at ICANNPOLICY.NINJA) wrote:
>
>>> On Jun 2, 2020, at 6:29 AM, Tapani Tarvainen <ncsg at TAPANI.TARVAINEN.INFO> wrote:
>>
>> [SNIP]
>>
>>> Second, the one-year term does not count in term limit in this case,
>>> as per ICANN Bylaws 11.3(b). That is, whoever gets it may be elected
>>> twice after that for a total of five years, whereas those who get two
>>> years now can only do only one additional term for a total of four
>>> years (absent special circumstances we discussed with Amr earlier,
>>> which could allow an extra term in either case).
>
>> I don’t believe this is correct. Only those selected/appointed to
>> fill a vacancy fit the scenario you’re describing here, Tapani.
>
> So you're arguing "selected to fill a vacancy in a term" would exclude
> cases where someone is elected to fill an incomplete term.
>
> That sounds like a reasonable interpretation but it's not an obvious
> one, and I believe I have precedent on my side here: this has actually
> happened and been debated before. I don't have time to look it up now,
> but feel free to do the research, I might of course misremember.
>
> Best,
>
> --
> Tapani Tarvainen
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