Re: [council] Council wide Nominations are closed - Part 2 Each House determines a Candidate

["Rosette, Kristina" <krosette@xxxxxxx>]

Why is this akin to closing the meeting? Much more similar to voting by email.

Let me be clear:  I personally could care less about whether a person I do not 
vote for is unhappy with me.  I do care if that person will hold that vote 
against my constituency or stakeholder group.  I believe that starting a new 
Council with the possibility of such resentment is not prudent.  Finally, I 
have enough hostility directed at me at ICANN meetings as it is.  I should be 
free to cast my vote without worrying about possible repercussions in the form 
of greater hostility.

On a personal note, I am dismayed that this is even an issue. I don't want to 
be harassed for how I vote.  Why is this not an acceptable reason for us to 
cast ballots on paper during the meeting?  


Kristina Rosette
Covington & Burling LLP
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e-mail:  krosette@xxxxxxx

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----- Original Message -----
From: owner-council@xxxxxxxxxxxxxx <owner-council@xxxxxxxxxxxxxx>
To: Council GNSO <council@xxxxxxxxxxxxxx>
Sent: Fri Oct 16 05:09:38 2009
Subject: Re: [council] Council wide Nominations are closed - Part 2 Each House 
determines a Candidate


Hi,

1. It would be my inclination to hold this as a polled vote where each  
voting member of the council would be asked whether they voted to  
close the ballot.  While we have voted on closing meetings, we have  
never voted to close a vote: they either were held by email, as a  
secret ballot, or were held in meeting as open ballots.  I would treat  
closing the vote in the same way I have treated closing a meeting.

2. I know of no occasion where a GNSO council member has been  
restricted in declaring how he or she voted and why.   While I suppose  
that the GNSO Council could decide on a gag rule, I expect that this  
would have to done explicitly by motion.

a.

On 16 Oct 2009, at 10:54, William Drake wrote:

> Hi Avri,
>
> Two questions.
>
> On Oct 16, 2009, at 10:07 AM, Avri Doria wrote:
>>
>> As there is a difference of opinion within the council on this, it  
>> seems to me the only path is to vote on whether this ballot is  
>> secret or not.
>
> If we do this, would the votes on whether to have a secret vote be  
> publicly record, as with a motion, or is this qualitatively  
> different?  I'm not familiar with past practice and don't have time  
> at the moment to search the bylaws for a deconstructable passage.
>>
>> As I said, I will ask staff to make sure we are set up for a secret  
>> ballot, should the vote go that way.  And I see this as being a  
>> vote that will only required a majority of the two houses under the  
>> new Council Procedures that will, hopefully, be approved by then.
>
> If the vote goes this way, what happens to the rights of elected  
> representatives to have their vote publicly known?  Can we publicly  
> announce our votes anyway, or would we be constrained from doing  
> so?  If it is the latter then NCUC and perhaps the appointed  
> councilors will not be able to participate.  There is no way in hell  
> we tell our constituents sorry, we can't tell you how we voted, and  
> frankly it would be pretty embarrassing in the world outside the  
> moat as well.
>
> One might add that it is at least worth contemplating whether a  
> secret election is in ICANN's institutional interest at this  
> particular geopolitical juncture.  It certainly would be something  
> for the AoC review panel on accountability to chew on, and would be  
> a real field day for ICANN's critics in government, civil society,  
> the press, etc around the world.
>
> Best,
>
> Bill