Article V - Board Elections

As amended through May 30, 2024

Section 1. Nominations. A nominating petition shall be mailed to each active Bar member entitled to hold office at least 75 days prior to the date of the election. Nominations for the election of the governors from each District and for the Board's at-large position shall be by petition signed by at least three members entitled to vote for the nominee.

Section 2. Voting Rights. Each active in-state Bar member in good standing may vote in and be a candidate from the District in which he or she resides at the time of election, or he or she may be a candidate for the at-large position. Active Bar members in good standing who reside out-of-state may only vote in and be a candidate for the Board's at-large position.

Section 3. Election Roster. The Executive Director shall create a special election roster which shall contain an alphabetical listing of the active members of the Bar in good standing eligible to vote in each election.

Section 4. Ballots and Balloting.

(a)Ballots. Elections shall be conducted by secret ballot. Official election ballots shall be prepared in a form and manner approved by the Board. The ballots shall contain space for the voting member's printed name, written signature, and District. However, to ensure the preservation of the secret ballot, the ballot shall be so arranged that the member-voter identification information will be removed prior to tabulation of the ballot.

(b)Replacement Ballots. If a member entitled to vote in an election does not receive a ballot, or if the ballot received is lost or destroyed, a second official ballot may be supplied to that member, or the member may submit a facsimile of the official ballot, provided that the member has not previously voted in the election.

(c)Balloting. Ballots shall be mailed to each active member eligible to vote at least 21 days prior to the date of the election. To be counted, voted ballots must be received in the office of the Bar Association on or before 5:00 p.m. on the day of the election. The Executive Director shall have the custody of all ballots after they have been received and until the ballots are counted.

(d)Invalid or Questioned Ballots. Should any ballot be returned without both the printed name and written signature of the voting member on the spaces provided on the ballot, the ballot shall not be counted. Should it be determined in the cross-check against the election roster that a second ballot has been received from an eligible voter, that second and any subsequent ballots received from that member shall not be counted. Invalid ballots shall be kept by the Executive Director until after certification of the election. A ballot received which causes the Executive Director to question its validity shall be held by the Executive Director for a determination as to its validity by the members of the Bar Polls and Elections Committee responsible for counting the vote in that election.

Section 5. Ballot Counting. The Executive Director and at least two members of the Association's Bar Polls and Elections Committee shall review the count of votes cast and record and certify, in writing, the results of the election to the membership.

Section 6. Election Results. When one vacancy occurs in a District election or for the at-large position, the gubernatorial candidate in that District or for the at-large position who receives the highest number of the votes cast shall be declared elected. If only one candidate has been nominated for a vacancy on the Board, that candidate shall be declared elected. When more than one vacancy on the Board occurs in the Third District in an election, the candidates shall run on one slate and each active member entitled to vote shall cast a vote for no more than two of the candidates on the ballot. The two candidates receiving the highest number of votes in the election shall be elected.

Section 7. Changing Election Districts During An Election. If a member changes residence between the time the election ballots are mailed and the date of the election, upon providing notice, proof of change of residence, and the invalid ballot previously mailed to the member, if any, on or before the date of the election, the member shall be entitled to vote for the candidate(s) from his or her new District of residence.

Section 8. Ballot Election Roster Retention; Official Record. Upon completion of the ballot count, the Executive Director shall retain all ballots, the official tally sheets, and the special election roster until the close of the first annual business meeting held following the election, at which time the ballots and roster may be destroyed. The official tally sheets, containing certification of the vote count by the Bar Polls and Election Committee, shall be retained for a period of two years, after which they may be destroyed in accordance with Board policy.