PDP Chair Election Procedure

Original Language Español Date Published 23/04/2019 Last Modified 31/10/2019
Last Call for Comments Period Does not apply Date Ratified Does not apply Implementation Date Does not apply
Status Under discussion Download TXT PDF XML DOCX
See other versions 1.0 2.0 3.0 (compare)

Authors

Name: Jordi Palet Martinez
Email: jordi.palet@theipv6company.com
Organization: The IPv6 Company

Proposal Data

Policy Type: LACNIC
Id: LAC-2019-7
Last version: 3
Presentations:

Summary

This proposal establishes changes to the PDP Chair election procedure.

Rationale

On several occasions we have seen cases of malicious interference in LACNIC's election processes, and the normal functioning of the Policy List has been interrupted. This is not acceptable, even less so when they involve processes outside the PDP.

Combined with a detailed review of the current procedures, these actions and have uncovered errors which can lead to the discrimination of certain candidates in favor of others and do not prevent potential fraud.

This proposal seeks to correct this situation, incorporating the process as a more explicit part of the PDP.

Text

Current text

3.2.2. About the PDP Chairs
o PDP Chairs may not be LACNIC staff.
o These positions will be honorary.
o PDP Chairs must be members of LACNIC or supported by a member of LACNIC.
o PDP Chairs will each serve a 2-year term, with one position up for renewal each year. Unlimited reelection is allowed.

3.2.3. About the election of the Chairs:
o Calls for nominations will be announced through the Public Policy List.
o Anyone subscribed to the Public Policy List may participate.
o The election will be conducted immediately before the Public Policy Forum.
o Voting will be conducted electronically, implementing mechanisms to ensure that each subscriber to the list can cast only one vote.
o The winner of the electronic voting process must be ratified at the Public Policy Forum. The acting chairs will ask those in attendance whether they have any objections to the electronic voting process. If any objections are raised, the chairs will evaluate whether such objections are significant. If no objections are raised, or if the chairs consider that any such objections are not significant, they will proceed to ratify the winning candidate. Any chair who ran in the election must abstain from participating as chair during the ratification process.
o Elected chairs will begin their term immediately after the closing of the Public Policy Forum during which they were ratified.
o If a winner is not ratified, the LACNIC Board will appoint a chair to fill the vacant position until the following Public Policy Forum. The next time an election and ratification process can be conducted, the person elected will only fill the position for the remainder of the original term.

New text

3.2.2. About the PDP Chairs
o PDP Chairs may not be LACNIC staff.
o The position is not compatible with other roles that are directly involved in the flow of the policy development process in any of its phases. If this were the case, the candidate's nomination must specify how they will solve this situation should they be elected. Thus, if they are elected, they will automatically cease in (or not take possession of, as the case may be) such incompatible positions, as specified in their nomination.
o Both chairs may not be from the same country, except in exceptional situations where there are no other acceptable candidates, in which case one of the chairs will cease in their position in the following election process (the following year), either because their term has come to an end or by agreement among the two chairs, failing which the chair who has held the position the longest will automatically cease in their position.
o These positions are honorary.
o To run for the position, a candidate must be the membership contact of a LACNIC member organization or, alternately, they must be nominated by two membership contacts of LACNIC member organizations.
o PDP Chairs will each serve a 2-year term, with one position up for renewal each year. PDP Chairs may only be re-elected for one consecutive term but are eligible to run again after a one-year pause.
o Candidates must have been part of the Public Policy List for at least 6 months prior to the start of the election process.
o In addition to the candidate’s biographical information, nominations must include specific information that allows assessing their contribution, participation and experience with the PDP.

3.2.3. About the election of the Chairs:
o Calls for nominations will be announced through the Public Policy List.
o Voting will be conducted electronically, using mechanisms to ensure, to the extent possible, that each voter can cast only one vote.
o Given that the voters registry consists of the subscribers to the Public Policy List, in order to avoid tampering, efforts will be made to keep participants who subscribe solely for the election process from participating in each election, for example, by limiting the voters registry to those who have subscribed “n” months prior to the start of said process.
o Any use of the list for electoral purposes, even when by persons clearly supportive of a candidate, may result in their disqualification if there is evidence of collusion.
o If at any time during the process it is determined that there are sufficient indications of fraud, the candidate or candidates in question may be disqualified. If necessary, they may even invalidate the entire process and request that LACNIC repeat the process in its entirety, in which case a timeline will be set such that, to the extent possible, the timing of the election results will coincide with the following Public Policy Forum.
o The election process begins with a call for candidates issued on the 1st day of the month three full months prior to the end of the term of the chair that is to cease in their position. This phase will remain open for 28 to 31 days, depending on the length of the particular month during which it takes place.
o LACNIC will communicate to the Public Policy List the names of those candidates that meet all the requirements and have been accepted, announcing where the candidates’ information will be published.
o A period of 10 calendar days will then begin during which the community will be able to contribute relevant information on the candidates. If confirmed, this information will be published simultaneously for all candidates on the first working day following the end of the 10-day period. Based on such information, the Board may proceed to disqualify one or more candidates.
o Voting will begin on the first working Monday after the period specified above and will remain open for 7 calendar days.
o A difference of less than 10% will be considered a tie. In this case, if there are more than two candidates, runoff voting among the two candidates with the highest number of votes will begin the following working Monday and will remain open for 7 calendar days.
o LACNIC will immediately announce the results of the first voting round as well as those of the runoff vote if applicable.
o If any objections are raised by a member of the community, such objections must be communicated to the Board within 7 calendar days of the announcement of the results. In this case, the Board will assess whether such objections are significant and have been proven. If no objections are raised, or if the Board decides not to consider such objections, it will proceed to ratify the winning candidate.
o The elected chair will begin their term immediately after the closing of the next Public Policy Forum.
o If it were not possible to ratify a candidate, the LACNIC Board will appoint a chair to fill the vacant position until the following Public Policy Forum. The next time an election and ratification process can be held, the person elected will only fill the position for the remainder of the original term. This same mechanism will apply, if necessary, in case either of the chairs resigns before the end of their term or for any reason fails to meet their responsibilities.
o The LACNIC Board is the highest instance of appeal in matters relating to the election process.

Additional Information

-

Timetable

Immediate implementation

References

Equivalent policies or procedures defined by the community for the same purpose also exist in the other regions.

In the case of AfriNIC, candidate nominations are reviewed by a Nominations Committee (NomCom).
• https://www.afrinic.net/policy/development-working-group#election

In the case of APNIC, in order to be elected by the community, candidates must have specific knowledge and expertise, which varies for each specific working group.
• https://www.apnic.net/community/participate/sigs/sig-guidelines/chair-elections/

In the case of ARIN, instead of chairs, they have an “Advisory Council” (AC) whose members are elected through a NomCom that assesses candidates based on a set of skills as well as their expertise and prior participation, using a candidate qualification questionnaire.
• https://www.arin.net/participate/oversight/elections/
• https://www.arin.net/participate/oversight/elections/procedures/

In the case of RIPE, the chair selection process is established by the participants of each working group. Nevertheless, they are generally similar and share a common link, with expectations of the work to be done, knowledge of this work, etc.
• https://www.ripe.net/participate/ripe/wg/ap/address-policy-wg-chair-selection-process
• https://www.ripe.net/publications/docs/ripe-692

Public Comments by LACNIC Staff

LACNIC STAFF´S IMPACT ANALYSIS - Proposal LAC-2019-7 - versión 3

LACNIC Staff’s Interpretation of the Proposal
---------------------------------------------
Applicability
-------------
This proposal would apply to the elections to appoint a PDP chair.

Modifications to the current text
--------------------------------
This proposal would modify subsections “3.2.2. About the PDP Chairs” and 3.2.3. About the election of the Chairs.”

LACNIC Staff’s Comments
--------------------------
(Comments are observations to help differentiate the changes presented by the proposal with respect to the current text of the Policy Manual)

1. The proposal introduces the following changes with respect to the current text:
a. Incompatibility of the role with other positions directly involved in any stage of the policy development process.
b. The two chairs may not be from the same country.
c. The number of expressions of support that each candidate must receive from LACNIC members is increased from one to two.
d. It adds that each chair may only be re-elected for one consecutive term.
e. According to the proposal, calls for candidates should be launched in February.

2. This version of the proposal introduces the following changes with respect to the previous version:
a. The previous version of the proposal specified that anyone could participate in the election provided that they had been part of the Policy List at least 6 months before the voting begins. The new version changes 6 months to “n” months.
b. It replaces “expressions for and against” with “relevant information.”
c. It adds that the Board may disqualify one or more candidates based on the information that is published.
d. It specifies that the process is under the responsibility of the Board, just as in other parts of the PDP.

3. For the following requirement: “Incompatibility of the role with other positions directly involved in any stage of the policy development process.”
LACNIC interprets “the positions directly involved in any stage of the PDP” to mean the PDP chair and the Board of Directors.

4. The new version adds that, in the event of a tie “or, in case of an election with more than two candidates, if the margin of the candidate with the highest number of votes is smaller than 10%,” runoff voting will begin for a new period of 7 calendar days.

5. Two items are added to the section titled “About the Election of the Chairs”:
a. Any use of the list for electoral purposes, even when by persons clearly supportive of a candidate, may result in their disqualification, at the discretion of the chairs, if there is evidence of collusion.
b. If at any time during the process it is determined that there are sufficient indications of fraud, the candidate or candidates in question may be disqualified. If warranted, the entire process may be invalidated and a request for LACNIC to repeat the process in its entirety may be submitted, in which case a timeline will be set such that the timing of the election results will coincide as much as possible with the following Public Policy Forum.

6. It adds that “The LACNIC Board of Directors is the highest instance of appeal in matters relating to the election process.”

7. LACNIC understands that if the elections are to be held in February, in order to comply with the requirement that a person must register at least six months in advance, they should register before the month of September.

8. LACNIC will not be able to determine if a person submitting electoral propaganda is in favor of a candidate to determine whether they are in breach of this policy.

9. In recent years, the number of candidates to the position of PDP chair has been very limited, so the six-month requirement might place an even greater restriction on candidate nominations.

Recommendations
-------------------
1. The proposal states that the community may provide relevant information on the candidates and that, if confirmed, this information may be published. LACNIC interprets that this confirmation would be provided exclusively by the candidate; LACNIC cannot be responsible for otherwise confirming this information.

2. In Section 3.2.2., we recommend maintaining the text of the previous version, “membership contacts of a LACNIC member organization,” to clarify the object.

Official Sources:
----------------
A comparison of the election procedures in the different RIRs: https://www.apnic.net/community/participate/sigs/sig-guidelines/chair-elections/rir-comparison-table/

AFRINIC: https://afrinic.net/policy/development-working-group#election
APNIC: https://www.apnic.net/community/participate/sigs/sig-guidelines/chair-elections/
ARIN: https://www.arin.net/about/welcome/ac/procedures/chair/
RIPE: https://www.ripe.net/participate/ripe/chair/draft-ripe-chair-selection-procedure

Impact of the policy on the registry system
------------------------------------------
This proposal would not require any changes to the registry system.

LACNIC STAFF´S IMPACT ANALYSIS - Proposal LAC-2019-7 - versión 2

LACNIC Staff's Interpretation of the Proposal
----------------------------------------------

Applicability
-------------
This proposal would apply to the elections to appoint a PDP chair.

Modifications to the current text
--------------------------------
This proposal would modify subsections “3.2.2. About the PDP Chairs” and 3.2.3. About the election of the Chairs” of the PDP.

LACNIC Staff Comments
------------------------
(Comments are observations to help differentiate the changes presented by the proposal with respect to the current text of the Policy Manual)
1. The proposal specifies the following changes with respect to the current text:
a. Incompatibility of the role with other positions directly involved in any stage of the policy development process.
b. The two chairs may not be from the same country.
c. The number of expressions of support that each candidate must receive from LACNIC members is increased from one to two.
d. It also adds that each chair may only be re-elected for one consecutive term.
e. According to the proposal, calls for candidates should be launched in February.

2. With respect to the prior version, this proposal introduces the following changes:
a. The requirement: “Incompatibility of the role with organizations such as ICANN, TLDs and other RIRs/NIRs” is replaced by “Incompatibility of the role with other positions directly involved in any stage of the policy development process.”

LACNIC interprets that “the positions directly involved in any stage of the PDP” refers to the PDP chair and the Board of Directors.

b. The term “member” is replaced by “membership contact,” as suggested in the prior impact analysis.
c. In the case of a tie, the new version adds the following: “In the event of a tie or, in case of an election with more than two candidates, if the margin of the candidate with the highest number of votes is smaller than 10%, runoff voting among the two candidates with the highest number of votes will begin the following working Monday and will remain open for 7 calendar days.”

d. Two items are added to the section titled “About the Election of the Chairs:”
i. Any use of the list for electoral purposes, even when by persons clearly supportive of a candidate, may result in their disqualification, at the discretion of the chairs, if there is evidence of collusion.
ii. If at any time during the process the chairs determine that there are sufficient indications of fraud, they may disqualify the candidate or candidates in question. If necessary, they may even invalidate the entire process and request that LACNIC repeat the process in its entirety, in which case a timeline will be set such that the timing of the election results will coincide as much as possible with the following Public Policy Forum.

e. The requirement that the candidates must comply with the AUP is eliminated.

f. The new version adds that “If a chair runs in the election, they must abstain from participating in any aspects of the election process. The Board of Directors will appoint one or two members of the community, as applicable, who are not running in the election, to chair the process.”

g. It adds that “The LACNIC Board of Directors is the highest instance of appeal in matters relating to the election process.”

3. LACNIC understands that if the elections are to be held in February, in order to comply with the requirement that a person must register at least six months in advance, they should register before the month of September.

4. LACNIC will not be able to determine if a person submitting electoral propaganda is in favor of a candidate to determine whether they are in breach of this policy.

5. In recent years, the number of candidates to the position of PDP chair has been very limited, so the six-month requirement might place an even greater restriction on candidate nominations.

Official Sources:
-----------------
A comparison of the election procedures in the different RIRs: https://www.apnic.net/community/participate/sigs/sig-guidelines/chair-elections/rir-comparison-table/

AFRINIC: https://afrinic.net/policy/development-working-group#election
APNIC: https://www.apnic.net/community/participate/sigs/sig-guidelines/chair-elections/
ARIN: https://www.arin.net/about/welcome/ac/procedures/chair/
RIPE: https://www.ripe.net/participate/ripe/chair/draft-ripe-chair-selection-procedure

Impact of the policy on the registry system and address management
-------------------------------------------------------------------
This proposal would not require any changes to the registry system.

LACNIC STAFF´S IMPACT ANALYSIS - Proposal LAC-2019-7 - versión 1

LACNIC Staff's Interpretation of the Proposal
---------------------------------------------

Applicability
-------------
This proposal would apply to elections for appointing a PDP chair.

Modifications to the current text
---------------------------------
This proposal would modify Policy Development Process subsections “3.2.2. About the PDP Chairs” and “3.2.3. About the election of the Chairs.”

LACNIC Staff Comments
-------------------------
1. The proposal specifies the following changes with respect to the current text:
a. Incompatibility of the role with organizations such as ICANN, TLDs and other RIRs/NIRs.
b. Both chairs may not be from the same country.
c. It modifies the number of expressions of support that each candidate must receive from LACNIC members, raising it from one to two.
d. It adds that each chair would be permitted just one consecutive reelection.
e. According to the proposal, the call for candidates should be launched in February.

2. LACNIC understands that if the elections are to be held in February, in order to comply with the requirement that a person must be registered with at least six months of anticipation, they should register before the month of September.

3. LACNIC will not be able to determine that a person sending electoral propaganda is in favor of another to determine whether they are in breach of this policy.

4. As for the following: “If the chairs determine that there are sufficient indications of fraud, they may disqualify the candidate or candidates in question. If it were necessary to invalidate the entire process, they may request that LACNIC repeat the process, setting a timeline such that (...),” it is our observation that candidates to the position of PDP chair might misuse this option to their benefit.

5. In recent years, there has been a very limited number of candidates to the position of PDP chair, so the six-month requirement might place an even greater restriction on the nomination of candidates.

6. The proposal mentions the AUP, assuming that policy proposal 2018-13 will reach consensus. How to interpret this item if the latter is not implemented should be clarified.

Recommendations
------------------
1. As for the text that reads “(...) This position is not compatible with others within the structure of any RIR/NIR, ICANN, TLD or similar organization (Board of Directors, Commissions, etc.),” we recommend specifying the term “etc.” and defining an exhaustive list that will leave no room for interpretation.

2. When specifying that “PDP chairs must be members of LACNIC or supported by 2 members of LACNIC,” we recommend clarifying the expression “members of LACNIC.” We would also like to note that LACNIC members are organizations, not individuals. One possible suggestion —similar to what has been specified for other elections— would be to use the following wording: “...must be the membership contact of a LACNIC member organization or supported by the membership contacts of two LACNIC member organizations.”

3. Clarify and distinguish between the requirements for nominating a candidate and obtaining support. Expressions of support are received during a 10-calendar day period after candidate names have been published, along with each candidate's information. As written, the text is not clear as to whether being supported by the membership contacts of two LACNIC member organizations is a requirement for the period after candidate names are published or a requirement for running as a candidate.

4. As for the item that states that “Candidates must strictly adhere to the AUP (otherwise they will be automatically disqualified). At the discretion of the chairs, the flagrant violation of the AUP by candidate supporters may also lead to the disqualification of the candidate,” LACNIC recommends that the candidates should not be judge and party.

Official Sources
----------------
A comparison of the election procedures in the different RIRs: https://www.apnic.net/community/participate/sigs/sig-guidelines/chair-elections/rir-comparison-table/

AFRINC: https://afrinic.net/policy/development-working-group#election
APNIC: https://www.apnic.net/community/participate/sigs/sig-guidelines/chair-elections/
ARIN: https://www.arin.net/about/welcome/ac/procedures/chair/
RIPE: https://www.ripe.net/participate/ripe/chair/draft-ripe-chair-selection-procedure

Impact of the policy on the registry system and address management
-----------------------------------------------------------------------------
This proposal would not require any changes to the registration system.

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