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Re: [council] Proxy voting
Andrew McLaughlin wrote:
> To the Names Council:
> ICANN's staff and counsel have consulted on the issue of proxy voting by
> DNSO NC members. Following is our collective advice on those questions:
> 1. Under the Bylaws, can an individual NC member give a proxy to another NC
> member for purposes of (i) a single vote, (ii) a set of votes, or (iii) the
> entire voting process?
> There is nothing in the Bylaws that prohibits the NC from adopting a proxy
> voting policy. It is thus up to the NC and/or the constituency groups to
> use whatever proxy voting mechanism (if any) it/they deem fair and
Good to knnow.
> 2. Under the Bylaws, can an individual NC member give a proxy to a
> designated alternate who is *not* a member of the NC?
> Again, the Bylaws do not prohibit proxy voting in this manner, and the NC
> and/or constituencies are free to adopt the policy they deem best (so long
> as the other Bylaws provisions, such as geographic diversity, are always
> adhered to).
This sounds strange to me. Undr our legal tradition, proxies are
"open" for general assemblies but only members of a committee, Board
or elected/appointed body can participate in tis works and votes.
But is this is OK with California law (and NC majoritarian views), so
will be it (with one vote against, perhaps.....)
> 3. Where an NC member recuses herself because she has accepted a nomination
> to be a candidate, can that NC member simply designate another NC member to
> cast her vote as a proxy, rather than designating a stand-in?
> The answer to this is *no* -- proxy voting is not permissible in this
> circumstance. Let me emphasize that an NC member does not have to resign
> from the NC upon accepting a nomination. Instead, that NC member cannot
> participate in any discussions or votes relating to the election of ICANN
> Directors, and a temporary replacement can be designated strictly for those
> discussions and votes.