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Section 7. Conduct of Elections
The Election Committee shall conduct such elections as follows:
(a) The Election Committee shall receive the report of the Nominating
Committee for Officers no later than Nov. 15 of the year preceding the
Annual Meeting; and for Executive Council not less than sixty days
prior to the date of the annual meeting. The Committee shall determine
if the persons nominated are eligible for office;
(b) Within five days of receipt of the report of the Nominating
Committee, the Election Committee shall notify each nominee of such
nomination and of the names of other persons nominated for the same
position and said nominees shall within two days from the date of
notification accept or reject the nomination. Nominees failing to
respond shall be deemed to have accepted the nomination;
(c) The Election Committee shall receive nominating petitions submitted
pursuant to Section 5(b)(2) of this Article not less than ten days
prior to the date of the annual meeting;
(d) At the close of the nominations for president-elect, secretary and
treasurer, the Election Committee shall cause ballots to be prepared.
Each ballot shall have printed thereon the name of each person duly
nominated for each position and shall provide for a write-in for each
position. Each ballot shall contain instructions as to the method by
which a vote for a particular candidate shall be indicated. Each ballot
shall contain a notice as to the last day by which a ballot must be
received at the Headquarters of the Young Lawyers Division which date
shall annually be fixed by the Election Committee:
(1) Election by mail-out ballot. A voter list shall
be prepared from the current membership of the Young Lawyers Division
of the State Bar of Georgia and each member shall be given a
distinguishing number. No later than December 10 of the year preceding
the Annual Meeting, each member shall be furnished by regular mail a
ballot for the election of president-elect, secretary and treasurer of
the Young Lawyers Division of the State Bar of Georgia and an envelope
addressed to the Headquarters of the Young Lawyers Division of the
State Bar of Georgia bearing an identifying number consisting of the
identifying number of the member. The ballot shall bear no number.
(2) Each member desiring to vote shall mark his or
her ballot according to the instructions thereon and shall return the
ballot or ballots in the envelope herein before described to the Young
Lawyers Division of the State Bar of Georgia on or before the date
specified by the Election Committee. Only ballots returned by active
members in good standing on or before said date shall be counted.
(3) The Election Committee shall report the results
at the next annual meeting of the Young Lawyers Division. The Election
Committee may utilize and employ such impartial accounting and clerical
assistance as it may deem necessary.
(4) Recount. Any candidate dissatisfied with the
result of the count as to his or her election may request, within six
hours after the result has been reported, a recount of the ballots
pertaining to his or her election by filing such request in writing
with the president of the Young Lawyers Division. The president shall
forthwith appoint a Recount Committee (which shall be composed of
persons different from the Election Committee) which shall, as soon as
practical, recount the ballots pertaining to all elections in which a
recount has been requested and examine the ballots not counted,
determine the number of votes validly cast for such candidate in such
election, and report the results. The results determined by the Recount
Committee shall be final and not subject to further challenge.
(5) Declaration of Results of Elections. The
candidate receiving the majority of the votes in each election
(according to the report of the Election Committee, or in elections in
which a recount has been requested, the report of the Recount
Committee) shall be declared elected. In computing the number of votes
cast in each election for the purpose of determining the number
constituting a majority thereof, there shall be excluded from such
computation the votes cast for a "write-in" candidate receiving less
than 2% of the total votes cast in such election.
(6) In all instances where there are more than two
candidates for any office of president-elect, secretary and treasurer
and no one of such candidates receives a majority of the votes cast in
the election to fill such office, the Executive Council of the Young
Lawyers Division shall, within 10 days from the date of the report of
the Election Committee, or the Recount Committee as the case may be,
make and announce to the membership at large adequate provisions for a
run-off election between the candidates receiving the two highest
number of votes, which said run-off shall be held not later than thirty
days from the date of the report of the Election or Recount Committee
aforesaid, and shall be conducted in all respects as provided in these
bylaws for regular elections; provided that incumbent holder of the
position shall continue to serve until his or her successor is
determined.
(e) As to the election of the Executive Council of the Young Lawyers
Division, the Election Committee shall have ballots prepared for
distribution at the Annual Meeting of the Young Lawyers Division. Each
ballot shall include the name of each person duly nominated for each
Executive Council position and shall provide for a write-in for each
position. Each ballot shall contain instructions as to the method by
which a vote for a particular candidate shall be indicated:
(1) The Election Committee shall, at the Executive
Council meeting which precedes the Annual Meeting, present to the
Executive Council for their approval a plan for the conduct of the
Executive Council elections of the Annual Meeting, which plan shall
contain a list of places and times for voting at the annual meeting and
which plan shall insure that there is adequate time to count votes
prior to the meeting.
(2) Each member registered at the annual meeting
desiring to vote shall mark his or her ballot according to the
instructions thereon and shall return the ballot to one of the voting
places.
(3) The Election Committee shall, at the end of the
voting, count the votes and report the results at the annual meeting.
The Election Committee may employ such impartial clerical assistance as
it may deem necessary.