April 14, 2008
Notice to Philadelphia Bar Association Members
Pursuant to Section 1100 of the Philadelphia Bar Association bylaws, notice is hereby given to all members of the Philadelphia Bar Association that the following amendments to the bylaws of the Philadelphia Bar Association were considered at the March 27, 2008 Board of Governors meeting and was approved for submission to the members at the June Quarterly meeting to take place on Monday, June 30, 2008 at Noon at the Park Hyatt Philadelphia at the Bellevue.
Article IV of the Bylaws is amended and restated as follows:
ARTICLE IV — NOMINATIONS AND ELECTIONS
Section 400. Elections Committee; Composition.
(A) There shall be an Elections Committee which shall consist of the Immediate Past Chancellor, who shall serve as Chair, and at least 10 Members, all of whom shall be appointed by the current Chancellor with approval of the Board, reflecting the diversity of the Association. The Secretary shall be an ex officio member of the Elections Committee.
(B) No member of the Elections Committee, other than an ex officio member, may be a candidate for any office of the Association in the year in which such member serves on the Elections Committee.
Section 401. Duties and Procedures of the Elections Committee.
(A) The Elections Committee shall actively seek eligible candidates for the offices and positions to be filled and the Committee shall actively seek and recruit candidates of diverse backgrounds, including those who have been historically underrepresented as officers and members of the Board.
(B) As often as the Committee shall determine, but in any event not less than on three separate days the last of which shall not be less than 60 days prior to the Annual Meeting, the Secretary shall cause a notice to be Published listing the offices to be filled at said Annual Meeting and requesting nominations for such offices.
(C) The Elections Committee shall adopt such rules and procedures as it shall deem appropriate for the conduct of its business to the extent not inconsistent with these Bylaws.
(D) The Elections Committee shall not endorse, evaluate or rank any candidate.
Section 402. Nominating Procedure.
A Member may become a candidate for an office of the Association or for the Board of Governors, by:
(A) Filing with the Secretary, at least 60 days prior to the annual meeting, nominations in writing which, for candidates of the Board, must be signed by at least 25 Members who are entitled to vote; for candidates for Secretary, Treasurer, Assistant Secretary and Assistant Treasurer, shall be signed by at least 35 Members who are entitled to vote; and for candidates for Vice-Chancellor, shall be signed by at least 100 Members who are entitled to vote; and,
(B) Submitting a written authorization, in a form to be provided by the Elections Committee, for the Disciplinary Board to release any record of discipline on such person; and,
(C) Submitting such biographical information as the Elections Committee may reasonably request.
Section 403. Election Forums.
(A) No later than 90 days prior to the Annual Meeting, the Elections Committee shall schedule one or more 'Election Forums' to allow each candidate for office to make an oral presentation. The forums shall take place within 60 days of the Annual Meeting, after the period for submission of nominating petitions has closed.
(B) The Elections Committee shall set and publish guidelines and procedures for the forums and for the wide dissemination to the Members of the candidates’ qualifications and forum presentations.
(C) The Chair of the Elections Committee or designee will preside over the forum(s), which shall be open to the Members.
Section 404. Final Candidates.
The Secretary shall have Published at least 20 days before each Annual Meeting a list of the candidates to be voted upon at such meeting in alphabetical order. In addition, the Secretary shall cause a list of the candidates to be Published one time within seven days prior to the Annual Meeting.
Section 406. Voting.
(A) If there is a contest for any office to be filled, reasonable opportunity shall be given for the reception of votes.
(B) The election shall be by
(1) secret mailed ballot and
(2) paper ballot or voting machine.
In addition, Members may vote electronically over the Internet to the extent permitted by law pursuant to procedures established by the Board to preserve the confidentiality of the Member's vote and the integrity of the voting process. Voting machines, if available, shall be preferred for in-person voting, unless there is an election at which there is no contest. The position of the nominee on the ballot shall be determined by lot. The drawing of lots shall be conducted by the Judge of Elections not less than 25 days before the Annual Meeting in the presence of the nominees and/or their representatives. The form of the ballot shall be prescribed by the Board. A ballot shall be sent by the Association by mail to every Association member eligible to vote at least two weeks prior to the date set for the Annual Meeting. A mailed ballot shall not be counted unless it has been received at the office of the Association no later than 10:00 a.m. three business days prior to the date set for the Annual Meeting and in such manner as to preserve the confidentiality of the Member's vote. The Judge of Elections shall announce the results of the election after the polls have closed.
(C) If any position to be filled in an election is uncontested after the close of nominations, the name of the candidate shall not appear on the ballot and the Secretary shall cast a unanimous ballot in favor of such nominee.
(D) The polls shall be open for voting on the day of the Annual Meeting at such times and places as shall be determined by the Chancellor in consultation with the Board.
Section 407. Appointment of Election Officials; Report.
If there is more than one nominee for any office, the Chancellor shall appoint from among the Members, with the consent of the Board, a Judge of Elections and at least two tellers. The Judge of Elections shall have the power to resolve any dispute regarding the validity of any vote cast, and the Judge’s decision shall be final and binding on all parties. The report of the Judge and tellers as to the results of the election shall be made to the Chancellor, who shall forthwith cause the names of those elected to be Published.
Section 408. Voting Qualifications.
If a Member is delinquent in the payment of dues, including those of the then current year, such Member shall not be entitled to vote at the Annual Election. A Member who cures such delinquency at any time prior to voting shall be eligible to vote.