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:

1. ) it is in writing on a nomination paper in form 4.01A, signed by two (2) members in good standing;
2. ) the member who seeks to be the candidate consents in writing to the nomination; and
3. ) 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(Rule 4.01(2): Repealed: Winter Term Convocation, February 12, 2018)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 have electronic ballots prepared containing the names of the members nominated pursuant to rule 4.01(1) and shall email 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)
(Rule 4.02: Amended Special Convocation, April 17, 2020)

Electronic process

4.03 (1) Electronic processes shall be used for:

1. ) circulating election notices, forms, ballots, documents and other materials;
2. ) voting; and
3. ) counting and recording votes.

(2) Benchers shall approve the electronic process(es) to be used so as to ensure the clarity, accuracy and confidentiality of the voting process.

(Rule 4.03: Adopted Winter Term Convocation, February 12, 2018)
(Rule 4.03: Amended Special Convocation: April 17, 2020)

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 must do so by electronic ballot in accordance with the instructions provided.

(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, as provided in the instructions.

(Rule 4.04: Amended Winter Term Convocation, February 12, 2018)
(Rule 4.04: Amended Special Convocation, April 17, 2020)

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 executive director shall receive, from the electronic process approved by Benchers, the total number of ballots received for each candidate. The executive director along with two other scrutineers appointed by the executive director shall 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 in the manner prescribed by the president or the person presiding at the annual general meeting 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)
(Rule 4.03: Amended Special Convocation, April 17, 2020)

Rejection of Ballots

4.06 (1) A member shall not:

1. ) use another member’s identification information to vote electronically; or
2. ) permit another person to use the member’s identification information to vote electronically.

(2) A ballot shall be rejected where it:

1. ) was not cast in accordance with the instructions provided;
2. ) was cast by someone other than the member assigned to the ballot; or
3. ) is received after the specified deadline.

(3) Any ballot which contains:

1. ) a vote for any person who is ineligible to be an elective bencher; or
2. ) 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)