[Linux-aus] Annual General Meeting & 2012 Council Election

[Mary Gardiner]

Andrew Cowie <andrew at ...> writes:
> did we actually need a ballot when number of candidates ==
> number of positions?

Section 15 of the constitution deals with this:

""" (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.
"""

So no, it seems (on my reading, not a lawyer although I did contribute
substantially to *writing* the relevant section of the constitution) there
doesn't need to be a ballot prior to the AGM: the six current nominees are
taken to be elected. Nominations and a ballot for the vacant seventh position
should be held at the AGM. (Assuming Mike Carden doesn't choose to be both VP
and an OCM, which may actually be constitutionally possible, if more than a
little silly.)

If there fail to be additional candidates at the AGM then the casual vacancy is
handled as per section 18, more or less as the Council has done previously
following first James Turnbull's and then my resignations from Council in 2010
and 2011.

-Mary