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NOTICE OF ISBA ELECTION Office of Third Vice President, 7 Seats on Board of Governors, 127 Assembly Seats to be Filled 13 Law Student Seats on the Assembly Below is a listing of the offices in the Illinois State Bar Association to be filled at the 2007 annual election. Those elected to the Board of Governors and Assembly take office on June 21, 2007 and the third vice-president takes office on June 23rd. Pertinent information and the requirements of the bylaws governing nomination of candidates and election procedures follow the listing. Office and Term No. to be elected Incumbent(s) Third Vice President 1 no incumbent* Board of Governors, 3 year term Cook 4 Paula Hudson Holderman, Chicago John G. Locallo, Chicago Kevin E. O'Reilly, Chicago Andrea M. Schleifer, Chicago Area 2 (17th, 19th & 22nd Circuits) 1 H. Case Ellis, Crystal Lake** Area 5 (5th, 6th & 11th Circuits) 1 John E. Thies, Urbana** Under Age 37 – Downstate 1 David C. Nelson, Belleville** Assembly, 3 year term Circuit 1 2 Cheryl Erdman, Carbondale Wenona Y. Whitfield, Carbondale Circuit 2 1 Kenneth F. Werts, Mt. Vernon Circuit 3 5 Joseph R. Bartylak, Alton** Nelson F. Metz, Jr., Edwardsville John J. Rekowski, Collinsville** Richard L. Tognarelli, Edwardsville** Circuit 4 1 Edward Graham, Jr., Taylorville** Daniel E. Hartigan, Newton** Circuit 5 2 Brian L. Bower, Charleston S. Craig Smith, Paris** Circuit 6 5 Rex L. Brown, Decatur** Thomas A. Bruno, Urbana** Brian L. McPheters, Urbana** Jeffrey D. Richardson, Decatur Brian C. Silverman, Urbana Circuit 7 6 Jennifer M. Ascher, Springfield Paul Bown, Springfield James W. Chipman, Springfield Charles J. Northrup, Springfield** Thomas P. Schanzle-Haskins, Springfield** April G. Troemper, Springfield Circuit 8 1 Thomas J. Brannan, Beardstown Circuit 9 1 Jeremy S. Karlin, Galesburg Circuit 10 5 Burt L. Dancey, Pekin** Susan Dawson-Tibbitts, Peoria Donald R. Jackson, Peoria Phillip B. Lenzini, Peoria Sonni Choi Williams, Peoria Circuit 11 4 Ronald L. Lewis, Bloomington** Helen Ogar, Bloomington Stephen R. Pacey, Paxton Robert T. Varney, Bloomington Circuit 12 4 Jeff J. Allen, Shorewood (Joliet) Eric Hanson, Joliet Myles L. Jacobs, Joliet** Randal J. Miller, Joliet** Circuit 13 2 Herbert J. Klein, Peru George G. Leynaud, Peru** Circuit 14 3 William L. Cleaver, Moline** John F. Doak, Moline** Philip E. Koenig, Rock Island** Circuit 15 1 Edward J. Mitchell, Lanark Circuit 16 7 Richard C. Irvin, Aurora Richard D. Larson, Sycamore** Lisa M. Nyuli, Elgin** Michelle D. Porro, Aurora** Richard L.Turner, Jr., Sycamore J. Brick Van Der Snick, Geneva Rory T. Weiler, Geneva Circuit 17 4 John J. Holevas, Rockford Frank A. Perrecone, Rockford** Nerino J. Petro Jr., Madison, WI** Donald L. Shriver, Rockford Circuit 18 15 Steven B. Bashaw, Oak Brook Deborah A. Benzing, Chicago Neal W. Cerne, Wheaton Paul P. Didzerekis, Wheaton** Kent A. Gaertner, Wheaton Angela Imbierowicz, Oak Brook** Nancy Martin, Chicago James F. McCluskey, Downers Grove** Colleen M. McLaughlin, Wheaton** Mary E. McSwain, Wheaton Kevin H. Millon, Wheaton Donald J. Ramsell, Wheaton David N. Schaffer, Naperville Laura M. Urbik-Kern, Elmhurst** Michael C. Wiedel, Downers Grove Circuit 19 currently 13 Terrence J. Brady, Libertyville** NOTE: On December 4, 2006 Michael J. Chmiel, Woodstockthe 19th judicial circuit will be Ann Buche Conroy, Waukegan** divided into the 19th and 22nd Richard J. Curran, Jr., Crystal Lake judicial circuits as provided in Section Wallace B. Dunn, Waukegan** 1 of the Circuit Courts Act. The 19th Steven Gregory English, Crystal Lake** circuit will be comprised of Lake County Christopher S. Haaff, Woodstock** and the 22nd circuit of McHenry County. Torrie M. Newsome, Waukegan As a result the ISBA has allocated delegates Gary L. Schlesinger, Libertyville for the 2007 ISBA election as follows: Lisle A. Stalter, Waukegan** 19th circuit - 10 delegates Elizabeth Felt Wakeman, Lake in the Hills** 22nd circuit - 3 delegates James Wright, Crystal Lake Bernard Wysocki, Waukegan** Circuit 20 5 John J. Johnston, Belleville Julie Keehner Katz, Belleville** Brendan F. Kelly, Belleville Robert C. Nelson, Belleville Donald W. Ward, Belleville
Circuit 21 1 James L. Tungate, Watseka Cook County 38 Gina M. Arquilla, Chicago Stephen G. Baime, Chicago Dennis J. Beninato, Chicago Sandra M. Blake, Oak Park Nathan G. Brenner, Jr., Morton Grove** Dennis J. Burke, Chicago** Jeffrey D. Corso, Chicago Dion U. Davi, Wheaton Umberto S. Davi, Western Springs Michael H. Erde, Chicago Anthony Benedict Ferraro, Rosemont** David Figlioli, Chicago** Robert Fioretti, Chicago John Fioti, Bartlett Gail T. Friedman, Chicago Daniel R. Fusco, Chicago Joseph M. Gagliardo, Chicago Robert L. Gamrath, III, Chicago Martin L. Glink, Arlington Heights** Michael T. Huguelet, Orland Park Anthony Iosco, Elk Grove Village** Julia Jensen, Park Ridge Stephen Kehoe, Chicago James G. Las Cola, Chicago Brian P. Liston, Chicago Robert A. Loeb, Chicago** Adela Casandra Lucchesi, Chicago Bryan Patrick Lynch, Chicago Ronald J. Nelson, Arlington Heights** John K. Norris, Chicago** Daniel E. O'Brien, Chicago Robert T. Oleszkiewicz, Chicago Paul George O'Toole, Chicago** Angela E. Peters, Arlington Heights** Maureen Catherine Pikarski, Chicago** William R. Quinlan, Chicago John C. Sciaccotta, Chicago * Under the bylaws the third vice-president automatically succeeds to the office of second vice-president; therefore, there is no incumbent for this office. ** Ineligible to succeed due to term limitations Law Student Members – Special Note For the years 2005-2010, from each of the thirteen law schools, IIT Chicago-Kent College of Law, DePaul University College of Law, The John Marshall Law School, Loyola University Chicago School of Law, Northern Illinois University College of Law, Northwestern University School of Law, Southern Illinois University School of Law, St. Louis University School of Law, University of Chicago Law School, University of Illinois College of Law, University of Notre Dame Law School, Valparaiso University School of Law, and Washington University School of Law, there shall be one law student member elected as a delegate to the Assembly. To be eligible for election, delegates from each law school shall have completed at least 15 credit hours in law school prior to election. Delegates shall be elected for a term of one year and no delegate shall be eligible to be elected for more than two consecutive terms. A candidate's packet has been mailed to all ISBA law student members. For additional information contact the office of the Executive Director (telephone reply 800/252-8908 or email, jhibbs@isba.org). NOMINATION Any member of the Association in good standing at the close of the nominating period may be nominated for third vice-president, Board of Governors member or Assembly member from those geographical areas in which there are vacancies and he/she resides. Voting Address. Bylaws Sec. 1.11 reads: For purposes of voting and candidacy for ISBA elected office, a member's voting address shall be his or her primary legal office as designated by the member. If a member's primary legal office is not within the state of Illinois, such member may designate his or her Illinois residence as his or her voting address; if no voting address is designated, the member shall be considered a non-resident. Nominating must be in writing. (See Election Policy Para. 6.1.) Printed copies of the nominating petitions are available upon request to the Office of the Executive Director, Illinois Bar Center, Springfield, IL 62701. (Telephone toll free 800/252-8908, fax 217/525-0712 or email jhibbs@isba.org.) Nominating petitions may be filed no earlier than Tuesday, January 16, 2007 and must be filed by 4:30 p.m. on Thursday, February 15, 2007 at either the Illinois Bar Center in Springfield or the ISBA Chicago Office at 20 S. Clark Street, Chicago. Petitions must be physically submitted with original signatures. Petitions submitted via email or fax will not be accepted. (See Election Policy Para. 6.3.) The ISBA Policy and Procedures on Association Elections follows this notice. All persons interested in seeking office should carefully read this policy. VOTING All members of the Association in good standing (except student members) are eligible to vote for the office of third vice-president. Eligible members residing in the areas in which there are contested elections may vote in the appropriate Board of Governors and Assembly race. By policy, a member's dues must be paid by March 1, 2007 for the period ending June 30, 2007. November 2006 ROBERT E. CRAGHEAD, Executive Director
ISBA Policy and Procedures on Association Elections (Including all amendments through June 17, 2006) SECTION 1 Preamble Para. 1.1. It is the policy of the Illinois State Bar Association to encourage its members to conduct themselves with the highest degree of personal and professional conduct. The election process for ISBA office or board positions should be no exception to this policy. It is, therefore, the goal of ISBA to conduct its elections with procedures and rules that are: (a) Fair to all candidates. (b) Clear and concise. (c) Devised to encourage the discussion of important issues and disseminate information to allow members to exercise informed judgment in voting for ISBA candidates. (d) Designed to make efficient use of ISBA funds and staff time in the conduct of elections. (e) Crafted to impress upon each candidate their responsibility of ascertaining and following all rules and meeting all deadlines, and to realize that is the responsibility of each candidate to submit all required filings and materials in a timely, complete and presentable fashion. SECTION 2 General Policy on Elections The following are policies that apply to all ISBA elections: Para. 2.1. There shall be open nominations for Third Vice-President, members of the Board of Governors, and members of the Assembly. Para. 2.2. Election shall be by members at-large in appropriate geographic areas, except election of law school delegates to the Assembly who are elected by law student members in each of the 13 law schools delineated in Section 4.3 of the Bylaws. Para. 2.3. Notice of elections in appropriate form shall appear in the Illinois Bar Journal or ISBA Bar News.Para. 2.4. No material promoting a candidacy shall be false, misleading or deceptive, nor shall it contain the name or likeness of any individual or organization without the written authorization from such individual or organization. Para. 2.5. The Illinois Bar Journal or other ISBA pub---lications, except for ISBA sponsored informational ad-vertising, shall not be used as vehicles for campaigning by candidates for ISBA office, except as provided below:(a) Publication in the ISBA Bar News of news stories advising the members of candidates who announce for the office of Third Vice-President is presented on the basis of the value of this information to the membership and is not to be considered campaigning by the candidates per se.(b) Candidates for ISBA office are encouraged to advertise in the ISBA Bar News provided that such ad-vertising is clearly identified as advertising.(c) All expenditures for advertising in the ISBA Bar News shall be included in the aggregate spending limitations imposed by the Policy in paragraph 2.23.Para. 2.6. The filing period for nominations for all offices shall be from January 15 to February 15. Ballots shall be mailed on or before April 1 of each year. Para. 2.7. The period for return of the ballots shall be from April 1 to May 10 each year in the manner prescribed by the Executive Director. Para. 2.8. The appointment of tellers shall be completed no later than March 1 each year. Para. 2.9. Free publicity appearing in the ISBA Bar News for all contests except that of Third Vice-President shall be in a single issue.Para. 2.10. Photographs of Third Vice-Presidential and Board of Governors candidates and biographical materials for candidates in contested elections shall be dispatched with the ballots. Third Vice-Presidential and Board candidate biographies shall be limited to 300 words and Assembly candidate biographies shall be limited to 100 words. Para. 2.11. All material should be submitted to ISBA, if possible, on a computer disk in a format prescribed by the Executive Director. ISBA staff shall not be charged with the responsibility of editing materials for content, grammar, or spelling. The staff shall have the discretion to edit such material to conform to word count. Para. 2.12. There shall be a Bar Elections Supervision Committee consisting of five members of the Assembly who are not members of the Board of Governors, all of whom shall be appointed by the President, with two from Cook County, two from downstate, and the chair to be chosen from that portion of the state from which the Third Vice-President is not being chosen, all to be selected no later than September 1 of the year prior to the election. In consultation with the Executive Director, the committee shall have general independent authority to supervise the conduct of ISBA elections. The committee's scope of authority includes, but is not limited to the following: • This committee shall hear complaints and responses thereto and make written rulings on said complaints which may be received. • The committee may issue advisory opinions upon written request and a written record of those opinions shall be kept and published. • Prior to the counting of ballots any ISBA member may file a complaint with the committee and the committee shall make an appropriate ruling thereon. The ruling may provide for sanctions, giving due consideration to the nature of any violation that is determined to have occurred. • Such rulings may include: (a) the imposition of sanctions consisting of, but not limited to, (1) dis-qualification, (2) public or private reprimands, (3) re-------imbursement of reasonable costs incurred by the candidate(s) and ISBA in rectifying the violations and in connection with the conduct of any investigation and hearing if an adverse ruling results therefrom; (b) extension of the deadline for the dispatch of ballots by up to one week, and (c) the granting to other candidates additional rights as may be appropriate. All rulings of the Bar Election Supervision Committee shall be construed as a final determination and there shall be no appeal. Para. 2.13. The use of ISBA titles, or of local or specialized bar association titles, by persons endorsing candidates shall not be used in ISBA mailings or publications or promotional materials developed by candidates. The affiliation, firm name, office, or title (including Honorable) of such candidate's supporters shall not be listed in any election material or publication, except that the city of the principal business office may be included. Para. 2.14. Published endorsements by members of the Board of Governors or officers of the Association shall not be made in elections for officers or Board of Governors, which prohibition includes past presidents for the year served as Immediate Past President on the Board of Governors. Para. 2.15. There shall be one combined mailing provided by ISBA for candidates for the office of Third Vice-President and candidates for the Board of Governors. Cost of envelopes, assembling, printing and mailing shall be paid by ISBA. Para. 2.16. One list of ISBA members, either in the form of a roster or mailing labels, shall be provided upon request to candidates for election upon reimbursement of ISBA for the cost of preparation. Additional copies in either format shall be available at the usual and customary charge. Mailing lists on electronic media will not be provided to candidates. Any law student member running for the position of law school delegate to the Assembly shall be provided, upon request, one complimentary list of ISBA law student members at-tending the candidate's law school. Para. 2.17. In case of a conflict, the specific policies with regard to the Third Vice-President, Board of Governors or Assembly candidates shall govern over these general policies of Section 2. Para. 2.18. Any candidate for ISBA elective office, by filing a petition to be placed on the ballot for such office, signifies that such candidate agrees to be bound by the election procedures of ISBA. Para. 2.19. In all elections there shall be a 100-name limit on any committee of a candidate, and candidates are limited to the use of the names of the same 100 individuals for all campaign materials for all offices in a single election to which the candidate is seeking office. The affiliation, firm name, office, or title (including Honorable) of the candidate's supporters shall not be listed in any election material or publication except that the city of the principal business office may be included. Para. 2.20. Each candidate shall notify the members of the candidate's committee of the “ISBA Policy and Procedures on Association Elections,” which procedures govern the election process, and advise that they must comply with those procedures. Para. 2.21. The Executive Director shall enclose, with acknowledgment of filing, a candidate's kit, which shall include, but not be limited to, a copy of “ISBA Policy and Procedures on Association Elections.” Each candidate shall promptly acknowledge receipt of the “ISBA Policy and Procedures on Association Elections” and promptly acknowledge in writing receipt of the Policy and Procedures, acknowledge that they have read and understand the Policy and Procedures and agree to be bound by the Policy and Procedures. Para. 2.22. Each candidate for all elected offices, shall on or before May 1 of the year of the election, file a Certificate of Compliance with the policies as set forth herein, including but not limited to the campaign spending limitations of Paragraph 2.23, on a form prescribed and presented to the Illinois State Bar Association Election Supervision Committee. Para. 2.23. Campaign expenditures by each candi-date for Third Vice-President, Board of Governors and Assembly shall not exceed five thousand dollars ($5,000) per candidate regardless of whether a candidate seeks one or more than one office in a single election. This total includes expenditures by a candidate's law firm and by others at the specific request of the candidate. Travel costs and local and specialty bar meeting expenses are excluded from this monetary limitation. Para. 2.24. Members who are currently listed as members of ISBA and have paid their dues in full, on or before the close of business on March 1 of the year of such election, shall be eligible to vote. SECTION 3 Policy with Regard to Election for Third Vice-President The following policies shall be applicable to elections for the office of ISBA Third Vice-President. Para. 3.1. Neither candidates, nor persons working on behalf of or to the benefit of the candidates, shall circulate nominating petitions, present written formal announcements of candidacy, engage in advertising, send out mailings or engage in organization of campaign committees prior to November 1 of the year preceding election, except that candidates may attend local and bar association meetings and indicate their intention to become a candidate for the office of Third Vice-President at such meetings prior to November 1 of the year pre-ceding the year of election. Para. 3.2. The number of names needed to nominate a Third Vice-Presidential candidate shall be three hun-dred fifty (350) members eligible to vote. Para. 3.3. One combined free mailing, separate from the ballot mailing and dispatched prior to the ballot mailing, shall be provided by the ISBA to candidates for the office of Third Vice-President and Board of Governors. The cost of envelopes, assembling, printing and mailing shall be paid by ISBA. The content and format of the submitted material shall be reviewed in advance by the Bar Elections Supervision Committee. Para. 3.4. The mailing described in Paragraph 3.3 above shall consist of no more than two letter-sized pages (which may be printed on both sides) for each candidate. Said materials will be printed and paid for by ISBA from information delivered to the ISBA staff. No material promoting a candidacy shall be false, misleading or deceptive, nor shall it contain the name or likeness of any individual or organization without the written authorization from such individual or organization. Para. 3.5. The contents of the letter-sized page de-scribed in Paragraph 3.4 above shall contain bio-graphical information that shall be prepared by the candidate and delivered to the ISBA staff for processing. Candidates are encouraged to include issue-oriented statements in their campaign materials. Para. 3.6. The mailing piece described in Paragraph 3.5 above may be signed by a list of supporters on the candidate's behalf, which list shall consist of no more than 100 persons. No person's name may be used in the list of supporters without written authorization from such individual. Para. 3.7. One-third page in the ISBA Bar News in each of two issues prior to the election shall be provided for each Third Vice-Presidential candidate. The ISBA Bar News one-third page described in the preceding sentence shall not include the list of supporters names and further, to the greatest extent possible, a common format shall be developed which shall include the candidate's picture and biographical information and may include position or opinion statements. The materials submitted for inclusion in the one-third ISBA Bar News page shall be reviewed by the Bar Election Supervision Committee in advance of publication.Para. 3.8. Ballots for Third Vice-President shall have each candidate as follows: (a) All candidates shall be listed in the order in which they file their petitions for nomination. (b) In the event petitions are received by the Association at the Illinois Bar Center in Springfield, or at the ISBA Chicago Regional Office, from more than one candidate on any day, the order for such candidates shall be by lot. SECTION 4 Policy with Regard to Board of Governors Elections
The following policies shall apply to ISBA elections for the Board of Governors. Para. 4.1. The required number of signatures for nomination of Board of Governors candidates shall be no less than fifty (50) members who are eligible to vote from the appropriate geographic area. Para. 4.2. Each Board candidate shall have the op-portunity to participate in one combined free mailing separate from the ballot mailing and dispatched prior to the ballot mailing. Cost of envelopes, assembling, printing and mailing shall be paid by ISBA. Para. 4.3. The mailing described shall be at no cost to the candidate and shall occupy a space no larger than 7 1/2 inches wide and 3 1/4 inches high, with copy for each candidate to be submitted by the candidate to the Illinois Bar Center in Springfield for inclusion in the single mailing to be made on behalf of all candidates. All material submitted for the combined free mailing will be prepared in a common format and submitted on a computer disk. Specifications for the above material will be provided by the Executive Director. Para. 4.4. The contents of the material described in paragraph 4.3 above shall contain biographical in-formation, may include issue-oriented statements and may include a photograph. Further, the item may be signed by a list of supporters on the candidate's behalf that shall consist of no more than 100 persons. Para. 4.5. One-eighth of a page in the ISBA Bar News shall be provided free to each candidate, which one-eighth page shall contain biographical information and may contain a photograph (of size consistent with others) and issue-oriented statements. Further, the item may be signed by a list of supporters on the candidate's behalf that shall consist of no more than 100 persons.Para. 4.6. Ballots for the Board of Governors election shall list each candidate as follows: (a) All certified candidates shall be listed in the order in which they file their petitions for nomination in each contest. (b) In the event petitions are received at the Illinois Bar Center in Springfield, or at the ISBA Chicago Office, from more than one candidate on any day, the order for such candidates shall be by lot. SECTION 5 Policy with Regard to Assembly Elections The following policies shall apply with regard to Assembly elections: Para. 5.1. Twenty signatures of members eligible to vote and from the appropriate geographic area shall be required for nomination for Assembly membership. Ten signatures of law student members eligible to vote and from the appropriate law school shall be required for nomination of law school delegates to the Assembly. Para. 5.2. There shall be a single alphabetical listing of Assembly candidates in the ISBA Bar News, by area of election and by law school. Ballot position shall be determined as follows:(a) All certified candidates shall be listed in the order in which they file their petitions for nomination. (b) In the event petitions are received at the Illinois Bar Center in Springfield, or at the ISBA Chicago Regional Office, from more than one candidate on any day, the order for such candidates shall be by lot. SECTION 6 Election of Delegates, Officers and Board of Governors Para. 6.1. Nominating Petitions. All candidates for office must be members eligible to vote at the close of business on March 1 preceding the expiration of the nomination period. ISBA members eligible to vote may nominate a candidate to run in any election for any office that is open to candidates. The nomination must be in writing and substantially in the following form: NOMINATING PETITION We, members of the Illinois State Bar Association eligible to vote, nominate (name of candidate) for (de-scription of office, Board or Assembly membership) for the term beginning at the 20__ Annual Meeting: ________________ __________________ (Signature) (Address) _________________________ (Printed Name) Additional spaces may be added. Para. 6.2. Nominations for Third Vice-President shall be by not less than the prescribed number of 350 members eligible to vote. Nomination for the Board of Governors shall be not less than 50 members eligible to vote from the appropriate geographic area. Nominations for Assembly representative shall be by not less than 20 members eligible to vote from the appropriate geographic area. Nominations for law school delegates to the As-sembly shall be not less than 10 law student members eligible to vote from the appropriate law school. Para. 6.3. Nominating petitions for all offices shall be filed with the Executive Director at the Illinois Bar Center in Springfield, or at the ISBA Chicago Regional Office, not earlier than January 15 and not later than February 15. If the February 15 date falls on a non-business day of the Association then petitions received prior to the close of the next business day of the Association shall be accepted. Only original petitions will be accepted for filing; facsimile or telefaxed petitions will not be deemed to meet the filing requirements of this section. Para. 6.4. Appeals and Complaints. Any person who has filed a petition for candidacy and has had said petition refused for lack of sufficient signatures of members eligible to vote or for another reason, may file a complaint or appeal of said ruling in writing with the Executive Director no later than five days after the close of the nominating period. Para. 6.5. Tellers. On or before March 1 of the cal-endar year of the election, the President shall appoint three members of the Association as tellers to conduct the election. Para. 6.6. Ballots. Whenever a contest exists, the Executive Director shall cause ballots to be printed appropriate to each district, area, circuit, or law school. Each ballot shall be labeled “Contested Ballot” and list under each office only the contesting candidates appropriate to the district, area, circuit, or law school for which the ballot is prepared. (a) Ballots shall be printed substantially as follows: The names of all candidates to be voted for in each election contest shall be printed on one ballot; the names of candidates shall be printed in capital letters of not less than 9 point type and at the beginning of each line in which the name of a candidate is printed, a square shall be printed, the sides of which shall be not less than 3/16th of an inch in length; in the designation of the name of a candidate on the ballot, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a com--bination thereof, may be used in addition to the candidate's surname; and no other designation such as a title or degree or professional status or similar information may be used in connection with the cand-idate's surname. (b) No ballots other than the official printed ballots and no write-in votes will be counted. Para. 6.7. Distribution of Ballots. An appropriate contested ballot shall be mailed on or before April 1 to each voting ISBA member residing in a district, area, circuit, or law school from which contesting candidates are to be elected, and to the entire voting membership if contesting candidates are to be elected at large. Such mail shall be directed to the member's address appearing on the ISBA records. Each ballot shall be accompanied by a return envelope addressed to the tellers of election, an envelope marked “For Ballot Only'' and a signature card or slip. Appropriate biographical materials as designated and reviewed by the Bar Election Supervision Committee shall accompany contested ballots. Para. 6.8. Voting. Members shall mark their ballot by placing a cross (+) or check (√) inside the square opposite the name of each candidate for whom they desire to vote and shall enclose it in the envelope marked “For Ballot Only,” seal that envelope, sign the signature card or slip, enclose both the sealed envelope and the signature card or slip in the envelope addressed to the tellers. The ballot must be accompanied by a signature card or slip signed by the member. If more than one ballot for a particular race is enclosed in a single “For Ballot Only” envelope, none of the ballots for the same race shall be counted. A ballot not enclosed in an envelope marked “For Ballot Only” shall be counted provided that the other requirements of this paragraph are met. Para. 6.9. Counting Votes. If the tellers are satisfied either from a report of the Executive Director or from their own inspection that the signature card or slip is signed by a member entitled to vote, the envelope marked “For Ballot Only” accompanying it shall be placed in a locked ballot box and kept there until the ballot boxes are opened by the tellers for the purpose of counting the votes. No ballot shall be counted un-less it is received on or before May 10. If May 10 falls on a non-business day of the Association, the ballots received prior to the close of the next business day of the Association shall be counted. On or before May 15 the tellers shall count the vote and file a report with the Executive Director setting forth the names of all candidates and a statement of the number of votes received by each. A plurality of the votes cast for any office elects. When two or more candidates receive an equally high number of votes, the winner shall be determined by lot under the supervision of the tellers. The Executive Director shall forthwith announce the results of the election. The tellers report shall also be presented at the Annual Meeting of the Association. Para. 6.10. Uncontested Election. If the number of candidates nominated for a particular position does not exceed the number to be elected to that position, the candidate or candidates are elected. Para. 6.11. Withdrawal from Candidacy. A candi-date may withdraw from candidacy from the position for which a nominating petition has been filed by notifying the Executive Director of such withdrawal in writing prior to the tally of the votes. In the event the withdrawal follows the tally, it shall be treated as a declination. All votes cast for a withdrawn candidate shall be null and void. Para. 6.12. Vacancies or Death of a Candidate. If no candidate is nominated for a position to be filled, or if there is no candidate by reason of death, declination or other cause, a vacancy exists. If a candidate in a contested election for a position to be filled dies or is unable to serve after nominations are closed, and a plurality of the votes are cast for that candidate, a vacancy exists. Such vacancies shall be filled pursuant to the Bylaws. Para. 6.13. Election Contest. The results of a con-tested election may be challenged by any candidate whose name was on the ballot for that office or by any ISBA member who voted in that election, provided that such member's challenge is supported by a verified petition signed by the challenger. The petition must be filed within 15 days of the date the tellers have filed the report with the Executive Director certifying the results of such election. (a) The Executive Director shall, within 48 hours, mail by certified mail, return receipt requested, a copy of the petition to each candidate whose name was on the ballot for that office. The verified petition shall substantially contain: (1) The results of the contested election for the office which is the subject of the challenge, as certified in the tellers' report to the Executive Director; (2) A statement that the petitioner cast a ballot in the election contested or was a candidate whose name was on the ballot for the office which is the subject of the election contest; (3) A statement that the petitioner believes (i) mistake or fraud has been committed in the casting, counting or return or canvass of the votes for the office involved, or (ii) there was some other irregularity in the conduct of the contested election, or both; (4) A statement declaring with particularity the grounds relied upon by petitioner; (5) A statement declaring that, as a consequence of the mistake, fraud or irregularity alleged, the result of the election, as officially proclaimed, was incorrect; (6) A request that the Bar Elections Supervision Com-mittee hear all evidence and decide the contest. Para. 6.14. Hearing on Election Contest. The pe-titioner shall submit all relevant evidence to the Bar Elections Supervision Committee chair not more than 10 days after the petition to contest an election has been filed with the Executive Director. Based upon evidence submitted, the committee shall either: (a) Find that the petition fails to state a prima facie case for the election contest and dismiss the petition; or (b) Find that a prima facie case for the election contest has been stated, in which case the committee may, in its discretion, take any or all of the following actions according to a schedule to be adopted by the committee: (i) conduct a recount of the ballots for the contested election in the presence of at least one of the election tellers responsible for the tally of ballots for said election; (ii) obtain and hear evidence from any other candidates for the contested election; or (iii) obtain and hear evidence from any or all of the election tellers responsible for the tally of votes in said election. Para. 6.15. Judgment in Contested Election Cases. The judgment of the Bar Elections Supervision Committee shall declare as elected the person who shall appear to be duly elected. (a) If it appears that two or more persons have, or would have had if the legal ballots cast or intended to be cast for them had been counted, the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the committee shall direct, which of them shall be declared duly elected, and the result shall be entered accordingly. (b) When the person whose election is contested is found to have received the highest number of votes but the election is declared null by reason of disqualification on that person's part, or for other causes, the person receiving the next highest number of votes shall be declared elected. In all cases the rulings of the Bar Election Supervision Committee shall be construed as a final determination and there shall be no appeal. |