I have been asked by your Administrative Committee to
be the Returning Officer in your recent elections, to oversee
the procedures and ballot count, and to announce the results.
While there is clearly room to develop and formalize the constituency election procedures for future ballots (see my comments below), I am satisfied that those involved in administering the election and in counting the votes, did so in a proper and fair manner and within the charge given by the Administrative Committee.
One issue was brought to my attention by the Election Administrator, Fay Howard, who also provided me with copies of email complaints and the judgement of the Electoral Reform Society on this matter. The issue was centered upon one of the candidates, Nigel Roberts, who issued a campaign statement after polling had begun. This was sent to the public wwtld mailing list and included a ballot form and return email address.
While recognizing that, in some countries, it may be forbidden to campaign after polling has opened, this is not the case in all countries. Indeed, many countries likely do not even address in statute questions of election proceedings by voluntary unchartered organizations. In addition, since these elections have been conducted by an international constituency which is not incorporated in any country, it would be difficult to claim that its election is subject to the laws of any particular country.
Moreover, no formal election rules were agreed by the constituency other than the procedures drawn up by the Administrative Committee and announced to the mailing list and posted on the ccTLD web pages. These procedures neither endorse nor forbid campaigning after polling opens. Nor do they address the issue of what communications are allowed, either with respect to recipients or content.
Having looked at both sides of the argument, I have decided that while, in the eyes of some, Mr. Roberts' actions may have been inappropriate, the election rules provide no basis on which to disqualify him as a candidate for these actions.
I do recommend, if the constituency so desires, that this issue be addressed by the adoption of more formal, more precise rules for subsequent elections. I would also encourage greater participation by the constituency in all phases of future elections.
I am therefore able to announce that the 3 candidates to be appointed to the Names Council are:
Dennis Jennings (.ie)
Patricio Poblete (.cl)
Nigel Roberts (.gg)
Attached is a summary of total votes cast for each candidate and the ERBS notes on the STV calculation.
Fay Howard will send out the full ballot results listed by the individual numbers known only to each voting registry. This will also be posted to the website.
I will contact Mike Roberts, President of the ICANN board, and report my findings to him in advance of the Administrative Committee's offical request to recognize the new Names Council representatives for the constituency.
Lawrence H. Landweber
August 20th 1999