I. MOTIONS
While any issue may be discussed for an unlimited amount of time on the list, in meetings, or by phone, the following is the formal process for Members to vote on issues, proposals, and positions.
1. The proponent of a motion shall submit it to the Constituency mailing list. Such motion generally would include: a. a substantive description of a new or changed policy, amendment to the Registrar Constituency Bylaws, these Rules, or other policy documents; or b. a position of support for or opposition to a report, policy, or any other matter before the Elected Members of the Constituency.
2. The motion must have three endorsements in order to proceed to formal discussion. Solicitation of endorsements in support of the motion may be secured via the Registrar Constituency mailing list.
3. The Constituency Secretary will publish the motion and call for discussion no later than 48 hours after receiving the motion from the proponent and the three endorsements.
4. Discussion of the motion will be held open on the Constituency list for no less than 14 days. The Chair will moderate the discussion on the list or at any meeting or call, as applicable.
5. During such time, amendments may be put forward by electronic communication to the Secretary. The Secretary will accept and publish any amendment formally to the Constituency list for the Constituency's consideration only if such amendment is endorsed by a second Member, and such endorsement is communicated by electronic communication to the Secretary and to the Constituency list.
6. During this period of consideration, the proponent of the motion may accept one or all of the amendments as friendly, and modify her or his motion accordingly. Any friendly amendments will be withdrawn and not considered separately.
7. Any Member can call for a vote after the 14-day period post-publication.
8. The Secretary will create and publish the ballot. The ballot will remain open for inspection and possible amendment or correction for 72 hours prior to the vote.
9. The ballot will allow for a vote on each of:
a. the original motion; and b. any unfriendly amendments (as deemed by the proponent).
10. The Secretary will call the vote no less than 2 days after the end of the ballot inspection period and keep it open for no less than 7 days, but no more than 21 days. In exceptional circumstances as determined by a majority vote of the Constituency Executive Committee, however, the Secretary may shorten or extend the period to vote upon proper notice to the voting members via the constituency mailing list or other similar means. Other than as stated in Section II below, in no event will a vote be open less than 3 business days or longer than 30 days.
11. All Members who are eligible to vote pursuant to Section 4.5.1 of the Bylaws and are registered to vote prior to the call for the vote are eligible to cast a ballot.
12. The motion and any unfriendly amendment will be deemed as adopted by an affirmative vote of more than 50% of the votes cast. In case of a tie the motion or any unfriendly amendment shall be deemed to be defeated.
13. In case of a motion with multiple choices or options, the choice or option receiving the greatest number of votes shall be deemed adopted.
14. Notwithstanding Sections 12 and 13 above, if in any vote fewer than the larger of (a) 10% of those Members registered to vote or (b) 10 Members registered to vote actually vote (which total shall include votes cast for and against the motion, and any abstentions), such vote will be deemed defeated. In such cases, upon a majority vote of the Constituency Executive Committee, a revote on the same ballot shall take place.
15. For all votes, the results of specific ballots cast by Members shall not be made visible to other Members until the ballot has completed and the vote is closed.
II. FAST TRACK MOTIONS
1. Notwithstanding the above, certain motions may receive "Fast Track" treatment.
2. Requests for Fast Track treatment may be made by any Member at any scheduled meeting of the Constituency or electronically on the Constituency list and must include a written justification supporting the Fast Track treatment.
3. Fast Track treatment only is available in exigent circumstances. Exigent circumstances exist if following the standard timing of a motion in Section I above would dramatically harm the value or effectiveness of the motion and it would not have been reasonable to have foreseen the need for such a motion at a time when a Section I motion was viable. For example, the Constituency may need to respond quickly to an unforeseen request of a third party, such as ICANN, the Constituency may want to issue a position statement on a matter that mandates fast action, or the Constituency must address a policy issue through a Fast Track motion because it would have been impossible to have addressed the issue through a Section I motion.
4. A motion may be considered to be Fast Track only upon a majority vote of the Constituency Executive Committee. In considering whether to approve Fast Track treatment, the Executive Committee should consider the justification for the treatment, only grant it in exceptional circumstances, and provide a written summary of its rationale in approving it.
5. Motions to amend the Bylaws or these Rules are ineligible for Fast Track treatment.
6. Any motion receiving Fast Track treatment made at an in-person meeting must also be published on the Constituency list prior to a vote.
7. Fast Track motions must have 5 endorsements to proceed to a vote.
8. After discussion, a vote will be called on a Fast Track motion by the Chair of the Constituency or Vice Chair if the Chair is unavailable. The timing of the vote must be announced on the Constituency list and all Members, who are eligible to vote pursuant to Section 4.5.1 of the Bylaws and are registered to vote prior to the call for the vote, may vote regardless or not if they are present at an in-person meeting. The call for the vote on the Constituency list must occur at least six hours prior to the end of the vote.
9. Fast Track motions and any unfriendly amendment thereto will be deemed as adopted by an affirmative vote of two-thirds or more of the votes cast.
10. Notwithstanding Sections 7 above, if in any vote on a Fast Track motion fewer than the larger of (a) 33% of those Members registered to vote or (b) 18 Members registered to vote actually vote (which total shall include votes cast for and against the motion, and any abstentions), such vote will be deemed defeated.
11. If a Fast Track motion is defeated, it may be made again to the Constituency using the standard motion procedures in Section I above.
12. The voting results of all Fast Track motions will be published on the Constituency list, including specific ballots cast by Members.
III. ELECTIONS
While any candidate may be discussed on the list, in meetings, or by phone, the following is the formal process for Members to vote on candidates for Elected Office.
1. Whenever a position opens requiring the election of a Member, the Constituency Chair shall call for an election and the Secretary shall accept nominations for a period of no less than 7 days.
2. Any Member in good standing may nominate a candidate by submitting such candidate's name to the Constituency mailing list.
3. Each nomination must be seconded by at least one additional Member in good standing. The nominee must accept the nomination and provide a conflict of interest statement before the later of the close of the nomination period or 2 days from the date of the nomination, in order for the nomination to be valid. Seconding a nomination, accepting a nomination and providing a conflict of interest statement must be conveyed by electronic means to the Constituency Secretary.
4. Once the nomination period has closed, The Constituency Secretary will publish the list of nominees and call for a discussion of the candidates. The discussion of the candidates will last for a period of time specified in each case by the Secretary, but no longer than 7 days.
5. Upon close of the discussion of candidates, the Secretary will create and publish the ballot. The ballot will remain open for inspection and possible correction for 72 hours prior to the vote and will only include the names of such candidates who have met the requirements of these Rules of Procedure and the Bylaws.
6. The ballot will allow for a vote on each of the nominees.
7. The Secretary will call the vote no less than 2 days after the end of the ballot inspection period, and other than in exceptional circumstances as deemed by a majority vote of the Constituency Executive Committee, will keep it open for no less than 7 days, but no more than 14 days. In the case of an exceptional circumstance as deemed by a majority vote of the Constituency Executive Committee, the Secretary will notify the Voting Members at the time the ballot is published and will keep the vote open no less than 3 business days.
8. All Members who are eligible to vote pursuant to Section 4.5.1 of the Bylaws and are registered to vote prior to the call for the vote are eligible to cast a ballot.
9. For the election of Officers, GNSO Council Representatives, and GNSO Task Force Representatives, the candidate(s) receiving a majority of the votes cast (which total shall include votes cast for all candidates and any abstentions) shall be declared the winner. In the case where no candidate receives a majority of the votes cast, there shall be a run-off between the two candidates receiving the greatest number of votes. The winner of the run-off shall be the candidate receiving the greatest number of votes. If the run-off election results in a tie vote, then the election shall be decided by the Chair of the constituency in office on the day prior to the run-off election. If the Chair of the constituency is a candidate in the run-off election, however, the Vice Chair of the constituency in office on the day prior to the run-off election shall decide. If the Chair and the Vice Chair are both candidates in the run-off election, then the Secretary of the constituency in office on the day prior to the run-off election shall decide.
10. For the election of all other positions, the candidate(s) receiving the greatest number of votes shall be declared the winner. In case of a tie, there shall be a run-off election. The winner of the run-off shall be the candidate receiving the greatest number of votes. If the run-off election results in a tie vote, then the election shall be decided by the Chair of the constituency in office on the day prior to the run-off election. If the Chair of the constituency is a candidate in the run-off election, however, the Vice Chair of the constituency in office on the day prior to the run-off election shall decide. If the Chair and the Vice Chair are both candidates in the run-off election, then the Secretary of the constituency in office on the day prior to the run-off election shall decide.
11. Notwithstanding Sections 9 above, if in any election fewer than the larger of a) 10% of those Members registered to vote or b) 10 Members registered to vote actually vote (including any abstentions), such election will be deemed null and void and of no effect, and a revote on the same ballot shall take place.
12. For all votes, the results of specific ballots cast by Members shall not be made visible to other Members until the ballot has closed.
IV. General
1. If there is any conflict between the By-law provisions and these rules, the By-law provisions shall govern.
2. Defined terms shall have the meanings set forth in these Rules and the Bylaws.
