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From Wikimedia Philippines
|Approved (8–0) on Nov. 24, 2013|
Be it RESOLVED, to adopt the "Election Code of Wikimedia Philippines":
- Title. This shall be known as the "Election Code".
- Coverage. This Code shall govern elections for the members of the Board of Trustees ("Board").
- Election Committee. There shall be an Election Committee ("Committee") which shall supervise the elections for the Board, composed of three (3) Trustees who are not candidates in the election. In case the number of Trustees to compose the Election Committee is insufficient, a non-candidate regular member shall be appointed by the Board to the Committee.
The Election Committee must be organized by the Board upon the call or notice for an election, which must be made not later than sixty (60) days before the scheduled date of it.
- Elections. The Board shall have the authority to call for elections. The Secretary shall include it in the order of business and notice of the meeting called for that purpose. Call or notice for elections must be announced on the website and other official communication channels of the organization.
- Regular elections. Regular elections for the members of the Board shall be during the Regular or Annual Meeting of the organization. The Secretary shall issue the notice and include it in the order of business of the Annual Meeting. Beginning the Annual Meeting in 2015 and every odd-ending year after it, four (4) Trustees shall be elected, and five (5) Trustees every even-ending year.
- Special election. Whenever a vacancy occurs in the Board, a meeting may be called to hold a special election to fill the vacancy, except when the vacancy occurs as a result of the removal of a Trustee in a meeting specially called for the purpose, where the replacement can be immediately elected after it, if expressly stated in the notice of the meeting. If the vacancy occurs as a result of an increase in the number of Trustees, an election may be called at the same meeting authorizing the increase in the number of Trustees, if expressly stated in the notice of the meeting, or in a separate meeting duly called for the purpose. No special election shall be called to fill a vacancy within sixty (60) days from the Annual Meeting of the organization. Any member thus elected, shall only serve for the unexpired term of his predecessor.
- Postponement of elections. If for any reason an election had to be postponed due to force majeure or lack of quorum, the Board may call for another meeting to hold the election until a quorum can be established in order for the election to proceed.
- Candidacy. Candidacies for the Board must be filed with the Election Committee sixty (60) days before and not later than thirty (30) days from the date of regular elections. No membership application shall be approved within sixty (60) days before the date of an election.
- Qualification. A candidate for the Board must be, at the time of the filing of candidacy, of legal age; a regular member as may be certified by the Secretary; has not been convicted by final judgment of an offense punishable by imprisonment for a period exceeding six (6) years, or a violation of the Corporation Code of the Philippines committed within five (5) years prior to the date of election.
- Official candidates. The Election Committee must announce official candidates not later than fifteen (15) days before the date of the election.
- Voters and number of votes. Any regular member at the time of the election or upon the call for or notice of an election shall be qualified to vote. A regular member shall have as many votes as there are positions to be elected. Membership status shall be verified by the Secretary.
- Manner of voting. Elections for the Board shall be done by ballot which should be distinguishable from each other by serial numbering and traceable to a voter to facilitate auditing.
- Ballots. Ballots must contain the names of the candidates sorted by their last name alphabetically, with a space provided before their names. The original ballots must be preserved for at least two (2) years.
- Voting by mail/e-mail. At least fifteen (15) days before the date of the election, a regular member should notify the Election Committee of their intent to vote for the members of the Board by mail or e-mail. Only ballots received by the Election Committee before the start of the meeting called for the purpose to hold an election shall be considered valid.
- Voting by mail is by means of a ballot express mailed to the registered address of the member not later than ten (10) days before the date of the election with an enclosed pre-paid express return mail pouch, which upon its return must remain sealed and opened only during the canvassing of ballots.
- Voting by e-mail is by means of a digital ballot in portable document format (PDF) sent to the registered e-mail of the member from votewikimedia.org.ph to be managed by the Elections Committee. The ballot shall only be valid if sent from the member's registered e-mail and sent to votewikimedia.org.ph.
- Voting by proxy. Unless expressly stated in the duly validated proxy, an authorized representative may vote in the election on behalf a member, however members who cannot personally vote shall be encouraged to vote by mail/e-mail. The Secretary shall provide the Election Committee copies of proxies which authorize representatives of members to vote on their behalf. Only valid proxies on record and filed before the meeting (or on a specified deadline) shall be considered valid.
- Preferential voting. In order to avoid, as much as possible another round of balloting should a tie happen in the place that will determine the winner/s or their respective terms, preferential voting shall be used. As such:
- Voters must rank in ascending order the candidates according to their preference beginning with "1" for their most preferred candidate up to as many candidates as there are.
- Voters have the option not to rank all. If a voter:
- gives two or more candidates the same rank or marks them as their choice/s rather than rank them – each candidate will obtain a rank equivalent to the average of the ranks they would have occupied had they been ranked successively;
- skips rank/s – the order in which the ranked candidates are presented would be treated as if they were continuously ranked.
- Canvassing. The Election Committee at its option may divide itself into two (2), and assisted by non-candidate Trustees or regular members to expedite the canvassing of votes. The procedure to canvass the votes shall be as follows:
- A candidate shall have one (1) vote for every rank equivalent or lower than the number of seats to be elected.
- The candidate/s with the most number of votes until all seats are filled shall be declared elected.
- In case there is a tie for the place that will determine the winner/s or their respective terms, the tied candidates shall be arranged successively beginning with "1" in the manner they were ranked by every voter, and shall repeat again the procedures in this section, until the tie is broken.
- Whenever, the tie cannot be broken in the manner provided shall a second round of balloting be called in the same meeting.
- Report. A report of the results of the election containing the number of voters, the candidates and their respective votes and the winners of the election shall be prepared and certified by the Election Committee and the Auditor.
- Recount. The Election Committee may, motu propio or upon a petition of a regular member conduct a recount or validation of the results of the election.
- Disqualification of a proclaimed candidate. If a proclaimed-winning candidate is later disqualified a vacancy is created for the position he would have assumed. A special election would have to be called to fill the vacancy.
- Election Rules. The Election Committee shall have the authority to issue rules and regulations to implement the provisions of this Code.
- Repealing clause. All resolutions and other issuances inconsistent with this Code are hereby repealed or modified accordingly.
- Separability. If for any reason any provision or portions of it are found to be inconsistent with the By-laws or the laws, the remaining provisions shall remain in effect.
- Effectivity. This Code shall be effective upon its adoption.
- As provided under Article IV, Section 4 of the By-laws.
- Permitted under Sec. 29 of the Corporation Code of the Philippines
- Sec. 27 of the Corporation Code
- Affixed with Documentary stamp, as required under Sec. 192 of the "National Internal Revenue Code".
- Any instrument, document or paper which is required by law to be stamped and which has been signed, issued, accepted or transferred without being duly stamped, shall not be recorded, nor shall it or any copy thereof or any record of transfer of the same be admitted or used in evidence in any court until the requisite stamp or stamps shall have been affixed thereto and cancelled.