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Branch Bylaws

Nomination and Election Procedure and Vacancies

  1. Any member of the Association in good standing who: may file with the Branch Office a Memorandum of Nomination for the office of Treasurer on or before December 15th in each year, provided the Memorandum is accompanied by the consent of such member in writing and the written endorsement of three (3) members of Council. Where December 15th falls on a Saturday or Sunday, the deadline for filing the Memorandum shall be the immediately following Monday.
    1. resides in Saskatchewan;
    2. has been a member of a law society or its equivalent in any province or territory of Canada for a period of ten (10) years or more; and
    3. is a member of Council or has been a member of Council at any time during the preceding four (4) years;
  2.  
    1. If there is only one (1) such nomination filed for the office of Treasurer, the person nominated shall be declared elected Treasurer by the Returning Officer.
    2. If no nomination for Treasurer is filed by December 15th, the Nominating Committee shall nominate at least one (1) nominee for Treasurer before the next meeting of Council, and shall announce the name of the nominee to Council, and if there be but one (1), that nominee shall be declared elected by the Returning Officer. If the Nominating Committee puts forth the name of more than one (1) nominee for Treasurer, all other provisions for the election of the Treasurer shall apply mutatis mutandis. In selecting such nominee or nominees, pursuant to this paragraph, the Nominating Committee shall determine its own procedure in all respects.
    3. If there is more than one (1) nomination for the office of Treasurer, there shall be an election for the office of Treasurer conducted as hereinafter provided.
  3.  
    1. The Executive Director shall be the Returning Officer. The Returning Officer shall rule with respect to all questions relating to the procedures described herein. The Returning Officer may seek the advice of the Board of Directors and Council, but the Returning Officer’s ruling shall be final.
    2. Should an election be required, the Returning Officer shall conduct the election as follows:
      1. The Returning Officer shall forward a publication of Notice of all nominations for Treasurer to all members of the Branch;
      2. The President shall, if possible, make arrangements for each nominee to address the Council;
      3. The Returning Officer shall cause a ballot for the office of Treasurer to be prepared and sent to all members of the Branch on or before March 1st;
      4. A Notice accompanying the ballot shall specify the last date for return of the ballots to the Branch Office, which date shall be twenty (20) days following the date of sending of the Notice of Nominations;
      5. The ballot to be prepared and sent in accordance with clause 15(2)(c) shall direct the elector to indicate his/her choices among the candidates where there are more than two (2), preferentially by marking the numeral (1) for the first choice, the numeral (2) for the second choice and so forth. Failure to indicate a preference for each candidate upon a ballot shall not by itself invalidate the ballot; and
      6. The procedure to be followed in all respects in counting the ballots shall be as follows:
        1. Where there are only two (2) candidates, the candidate with the greater number of votes is elected;
        2. Where there are more than two (2) candidates, the ballots shall be sorted having regard to the first choices of the electors. If a candidate has more than one-half of the first choices, the candidate is elected;
        3. Where there are more than two (2) candidates, and no candidate has more than one-half of the first choices, the candidate with the least number of first choices shall be eliminated, and the second choices on those ballots in the candidate’s favour shall be regarded, and such ballots shall be redistributed accordingly. If as a result one (1) candidate now has more than one-half of ballots so recounted, the candidate is elected;
        4. Where there are more than two (2) candidates, and no candidate has more than one-half of the ballots recounted after the elimination of a candidate, the candidate with the least number of votes on the recount shall be eliminated, and the second choices on those ballots in the candidate’s favour shall be regarded, and such ballots shall be redistributed accordingly. If as a result one (1) candidate now has more than one-half of ballots so recounted, the candidate is elected;
        5. The procedure shall be continued until a candidate has, upon a recount, more than one-half of the ballots counted on the recount;
        6. Upon a second or subsequent elimination, regard shall be had to that choice on each ballot, having the highest priority and which is cast in favour of a candidate who has not been eliminated; and
        7. In the event of any tie vote, the President shall cast the deciding vote.
    3. Each year the President shall advance to the position of Immediate Past President, the Vice-President shall advance to the position of President and the Treasurer shall advance to the position of Vice- President.
    4. Should a member of the Board of Directors be unable or unwilling to continue in an office, such office shall be filled as follows:
      1. a vacancy in the office of President shall be filled by the Vice-President;
      2. a vacancy in the office of Vice-President shall be filled by the Treasurer;
      3. a vacancy in the office of Treasurer shall be filled in accordance with subsection 15(5);
      4. a vacancy in the office of Immediate Past President shall be filled by appointment by the Board of Directors;
      5. a vacancy in the office of Executive Director shall be filled by the Board of Directors; and
      6. a vacancy in any other position on the Board of Directors shall be filled by appointment by the Nominating Committee.
    5. The election procedure set out in section 14 and subsections 15(1) and (2) shall apply mutatis mutandis in the event of a vacancy occurring in the position of Treasurer during a Treasurer’s term of office with the following exceptions:
      1. The words “December 15th in each year” in subsection 14(1) and “December 15th in subsection 14(3) shall read “the date fixed by the Returning Officer”; and
      2. Clause 15(2)(b) shall not apply.