[gnso-osc-ops] Section 16

["Ray Fassett" <ray@xxxxxxxxx>]

It appears that Section 16 is going to be the bulk of our work today.  This
section speaks to Absentee voting.  The challenge for us here is that 1) the
by-laws define the exact instances absentee voting can be initiated balanced
against 2) instances that arise in practice when (at the Chair's discretion)
voting by e-mail can be used.  So we need to separate absentee voting from
e-mail voting if our goal is to allow e-mail voting for practical cases when
this need arises.which apparently happens now and where e-mail voting is
used now for this reason.

 

My suggestion is to create a new section heading called E-Mail Voting.  This
is where we would state "at the Chair's discretion".  But I would make it
all or nothing.  By this I mean that if the Chair decides the need is for a
vote by e-mail, then all Council members must participate this way.  But if
there is a simple majority of each house at the time of the meeting vote, I
can't imagine why the Chair would use his/her discretion to call for a vote
by e-mail.  So maybe we qualify it this way.  For example, "if at the time
of a vote there is a quorum but not a simple majority present from each
house, at the discretion of the Chair, a vote by e-mail may be initiated".
In such instances, all votes must be cast by e-mail.  While similar, this is
not the same as absentee voting for the reason that a quorum is present (as
required to initiate a vote under Section 3.5) but not a simple majority
from each house is present (as required under Section 3.6).  So in this
instance the Chair can either defer the vote or choose the requirement that
all council members vote by e-mail (which will require a simple majority of
each house to respond).   To me, this is close but not the same as Absentee
voting.maybe on the call today someone can explain to me why :-)  But as far
as what is now Section 16.2, I think we have to re-word this as "E-Mail
Voting" and separate this from Absentee voting into its own section
(otherwise we get caught in the trap of in effect making an exception to the
by-laws which we can't do).  

 

Lastly, I am not sure we have to define the exact template i.e. the body
language - to be used in the e-mail.  I might say that the body of the
e-mail must include the following type of elements:

 

1.      Motion
2.      Whereas
3.      Moved by
4.      Seconded by
5.      What is being voted on
6.      Yes, No, Abstain (with reason such as a conflict of interest)

 

And then we talk about what the procedures should be i.e. Secretariat sends
out the ballot to all council members, 72 hours to respond, etc.