[NCSG-PC] Vote threshold for EPDP

[Rafik Dammak]

Hi all,

Regarding the vote threshold for EPDP, according to bylaws:



*(xiv) Approval of EPDP Recommendations: requires an affirmative vote of a
GNSO Supermajority.(xv) Approve an EPDP Recommendation Imposing New
Obligations on Certain Contracting Parties: where an ICANN contract
provision specifies that "a two-thirds vote of the council" demonstrates
the presence of a consensus, the GNSO Supermajority vote threshold will
have to be met or exceeded.*

--Note this means voting for recommendations that will be binding for
contracted parties

*(xix) A "GNSO Supermajority" shall mean: (A) two-thirds (2/3) of the
Council members of each House, or (B) three-fourths (3/4) of the Council
members of one House and a majority of the Council members of the other
House.*

More details in the vote table in term of numbers and scenarios :
https://gnso.icann.org/sites/default/files/file/field-file-attach/appendix-1-gnso-council-voting-results-18jun18-en.pdf

if the recommendations coming EPDP team don't have full
consensus/consensus, council will have to discuss how to deal with them
before going to vote. It will have to decide beforehand to vote as package
or recommendation per recommendation. It can go with the former even if we
have some recommendation not having full consensus/consensus.
>From operating procedures:
*"In the event that the Final Report includes recommendations that did not
achieve the consensus within the PDP Team, the GNSO Council should
deliberate on whether to adopt them or remand the recommendations for
further analysis and work. Although the GNSO Council may adopt all or any
portion of the recommendations contained in the Final Report, it is
recommended that the GNSO Council take into account whether the PDP Team
has indicated that any recommendations contained in the Final Report are
interdependent."*

If a recommendation doesn't even get a simple majority, it won't be adopted
and passed to board.

After approval and sending to the board:
*"Section A-1 section 6 Any EPDP Recommendations approved by a*
*GNSO Supermajority Vote shall be adopted by the Board unless, by a vote of
more than two-thirds (2/3) of the Board, the Board determines that such
policy is not in the best interests of the ICANN community or ICANN. If the
GNSO Council recommendation was approved by less than a GNSO Supermajority
Vote, a majority vote of the Board will be sufficient to determine that
such policy is not in the best interests of the ICANN community or ICANN*"

this is important with regard to result coming from council as it will
leave the board to decide.

Best,

Rafik
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