[Linux-aus] Proposed constitutional changes: bringing election procedure in line with actual practice

[Mary Gardiner]

Our present constition is out of date here! We no longer elect Council at the
AGM, we elect them prior.

This set of changes allows for both to happen, we don't want to get LA stuck if
one year the ballot can't be held before the AGM, so at the AGM remains as a
backup.

"""
 === 14. Composition and membership of committee ===

 (1)    The committee is to consist of:
 * (a)    the office-bearers of the association, and
-* (b)    at least 3 ordinary committee members, each of whom is to be elected at the annual general meeting of the association under clause 15.
+* (b)    at least 3 ordinary committee members, each of whom is to be elected prior to or at the annual general meeting of the association under clause 15.
 (2)    The total number of committee members is to be 7.
 (3)    The office-bearers of the association are as follows:
 * (a)    the president,
 * (b)    the vice-president,
 * (c)    the treasurer,
 * (d)    the secretary.
 (4)    A committee member may hold up to 2 offices (other than both the president and vice-president offices).
-(5)    Each member of the committee is, subject to this constitution, to hold office until the conclusion of the annual general meeting following the date of the member’s election, but is eligible for re-election.
+(5)    Each member of the committee is, subject to this constitution, to hold office from the conclusion of the annual general meeting at which the member is elected or the first annual general meeting following the ballot at which the member was elected until the conclusion of the following annual general meeting, but is eligible for re-election.

 === 15. Election of committee members ===

 (1)    Nominations of candidates for election as office-bearers of the association or as ordinary committee members:
 * (a)    must be made in writing, signed by 2 members of the association and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination), and
-* (b)    must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.
-(2)    If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting.
-(3)    If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.
-(4)    If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
-(5)    If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
-(6)    The ballot for the election of office-bearers and ordinary committee members of the committee is to be conducted at the annual general meeting in such usual and proper manner as the committee may direct.
+* (b)    must be delivered to the secretary of the association at least 7 days, or other period as determined by the committee and specified in the announcement of a ballot, before the date fixed for the opening of the voting period for the election or holding of the annual general meeting at which the election is to take place.
+(2)    If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and any vacant positions remaining on the committee are taken to be casual vacancies.
+(3)    If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
+(4)    If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
+(5)    The ballot for the election of office-bearers and ordinary committee members of the committee is to be conducted no more than 60 days before an annual general meeting or at the annual general meeting in such usual and proper manner as the committee may direct.
+(6)    Votes may be cast in the ballot only by members who have paid any and all fees as required by clause 8(2) as of the day of casting their vote.
 (7)    A person nominated as a candidate for election as an office-bearer or as an ordinary committee member of the association must be a member of the association.

 === 24. Annual general meetings - calling of and business at ===

 (1)    The annual general meeting of the association is, subject to the Act and to clause 23, to be convened on such date and at such place and time as the committee thinks fit.
 (2)    In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following:
 * (a)    to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,
 * (b)    to receive from the committee reports on the activities of the association during the last preceding financial year,
-* (c)    to elect office-bearers of the association and ordinary committee members,
+* (c)    to elect office-bearers of the association and ordinary committee members, or to announce the results of a ballot held prior to the annual general meeting under clause 15(5),
 * (d)    to receive and consider any financial statement or report required to be submitted to members under the Act.
 (3)    An annual general meeting must be specified as such in the notice convening it.

 === 32. Voting ===

 (1)    On any question arising at a general meeting of the association a member has one vote only.
 (2)    In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
 (3)    A member is not entitled to vote at any general meeting of the association unless all money due and payable by the member to the association has been paid.
-(4)    A member is not entitled to vote at any general meeting of the association if the member is under 18 years of age.

"""

Note that the changes in 15 aren't as large as they look: some renumbering goes
on there.

Re that last: we are yet to find any legislative reason that under 18s
shouldn't vote in association elections, and it seems an unreasonable
restriction on our underage members.

-Mary