Part IV – Election Rules

Nomination for election as bencher

4.01 (1) The nomination of a member of the society eligible to serve as a Bencher is valid only if:

(a) it is in writing on a nomination paper in form 4.01A, signed by two (2) members in good standing;
(b) the member who seeks to be the candidate consents in writing to the nomination; and
(c) form 4.01A is received by the society not later than sixty (60) days before the annual general meeting of the society.

(Rule 4.01(1): Amended Winter Term Convocation, February 12, 2018)

(Rule 4.01(2): Amended Summer Term Convocation, June 6, 2003)(Rule 4.01(2): Repealed: Winter Term Convocation, February 12, 2018)

When ballots required

4.02 If more members are nominated than there are positions to be filled then within fifteen (15) days of the close of nominations the executive director shall prepare ballot forms containing the names of the members nominated pursuant to rule 4.01(1) and shall forward, by mail or other means of communication, one of each such ballots along with all necessary instructions to each member of the society.

(Rule 4.02: Amended Summer Term Convocation, June 6, 2003)(Rule 4.02: Amended Winter Term Convocation, February 12, 2018)

Electronic Process

4.03 (1) Benchers may, in their sole discretion, provide that electronic processes or a combination of non-electronic processes and electronic processes may be used for:

(a) circulating election notices, forms, ballots, documents and other materials;
(b) voting; and
(c) counting and recording votes.

(2) Where Benchers provide for voting by electronic processes, they shall approve the method(s) to be used so as to ensure the clarity, accuracy and confidentiality of the voting process.

(3) For the purposes of the Part IV – Election Rules, “ballot” also refers to an electronic ballot.

(Rule 4.03: Adopted Winter Term Convocation, February 12, 2018)

Voting

4.04 (1) Each member of the society may vote for a number of candidates in each district equal to the number of vacancies to be filled by election for that district at that election.

(2) Members wishing to vote in the election may do so by:

(a) electronic ballot in accordance with the instructions provided;
(b) mailing his or her ballot to the offices of the society; or
(c) by delivering his or her ballot to the offices of the society.

(3) All ballots must be received by the society not less than fourteen (14) days prior to the first day of the annual general meeting.

(Rule 4.04: Amended Winter Term Convocation, February 12, 2018)

Counting of ballots

4.05 (1) As soon as possible after the date fixed for the return of ballots in accordance with 4.04(3), the ballots shall be counted and verified by three (3) scrutineers appointed by the president or the person presiding at the annual general meeting. The scrutineers shall:

(a) convene;
(b) record the names of all voters who returned ballots;
(c) remove the envelopes marked “Ballot” from the return envelopes and place them together so that they cannot be identified;
(d) remove the ballots from the envelopes and count the votes cast for each nominee; and
(e) access, obtain and verify the results of the electronic voting.

(Rule 4.05(1): Amended Summer Term Convocation, June 6, 2003)(Rule 4.05(1): Amended Winter Term Convocation, February 12, 2018)

(2) A plurality of votes cast shall decide the members elected as benchers. In the event of a tie occurring for the last position of a bencher to be filled, all persons present at the annual general meeting shall be advised of the names of the members who are tied, and the members present at the annual general meeting and qualified to vote shall vote on a paper to be supplied by the executive director and the person receiving the plurality of votes shall be declared elected.

(Rule 4.05(2): Amended Winter Term Convocation, February 12, 2018)

(Rule 4.05(3): Repealed Winter Term Convocation, February 12, 2018)

Rejection of Ballots

4.06 (1) A Member shall not:

(a) use another member’s identification information to vote electronically; or
(b) permit another person to use the member’s identification information to vote electronically.

(2) A ballot shall be rejected where it:

(a) was not cast in accordance with the instructions provided;
(b) was cast by someone other than the member assigned to the ballot; or
(c) is received after the specified deadline.

(3) Any ballot which contains:

(a) a vote for any person who is ineligible to be an elective bencher; or
(b) a vote which is ambiguous or unclear as to the member voted;

is null and void in respect of that district and election shall be declared as if such votes had not been cast.

(Rule 4.06: Adopted Winter Term Convocation, February 12, 2018)

Results of elections

4.07 The president or the person presiding at the annual general meeting shall advise the meeting of the results of the votes for each district and shall cause the result of the election and names of the elected benchers to be published by any mode of publication the president considers appropriate.

(Rule 4.07: Amended Summer Term Convocation, June 6, 2003)(Rule 4.07: Amended Winter Term Convocation, February 12, 2018)