Why is this akin to closing the meeting? Much more similar to voting by email. Let me be clear: I personally could care less about whether a person I do not vote for is unhappy with me. I do care if that person will hold that vote against my constituency or stakeholder group. I believe that starting a new Council with the possibility of such resentment is not prudent. Finally, I have enough hostility directed at me at ICANN meetings as it is. I should be free to cast my vote without worrying about possible repercussions in the form of greater hostility. On a personal note, I am dismayed that this is even an issue. I don't want to be harassed for how I vote. Why is this not an acceptable reason for us to cast ballots on paper during the meeting? Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation. ------------------------- Sent from my Wireless Handheld ----- Original Message ----- From: owner-council@gnso.icann.org <owner-council@gnso.icann.org> To: Council GNSO <council@gnso.icann.org> Sent: Fri Oct 16 05:09:38 2009 Subject: Re: [council] Council wide Nominations are closed - Part 2 Each House determines a Candidate Hi, 1. It would be my inclination to hold this as a polled vote where each voting member of the council would be asked whether they voted to close the ballot. While we have voted on closing meetings, we have never voted to close a vote: they either were held by email, as a secret ballot, or were held in meeting as open ballots. I would treat closing the vote in the same way I have treated closing a meeting. 2. I know of no occasion where a GNSO council member has been restricted in declaring how he or she voted and why. While I suppose that the GNSO Council could decide on a gag rule, I expect that this would have to done explicitly by motion. a. On 16 Oct 2009, at 10:54, William Drake wrote:

Hi Avri,

Two questions.

On Oct 16, 2009, at 10:07 AM, Avri Doria wrote:

...

As there is a difference of opinion within the council on this, it seems to me the only path is to vote on whether this ballot is secret or not.

If we do this, would the votes on whether to have a secret vote be publicly record, as with a motion, or is this qualitatively different? I'm not familiar with past practice and don't have time at the moment to search the bylaws for a deconstructable passage.

...

As I said, I will ask staff to make sure we are set up for a secret ballot, should the vote go that way. And I see this as being a vote that will only required a majority of the two houses under the new Council Procedures that will, hopefully, be approved by then.

If the vote goes this way, what happens to the rights of elected representatives to have their vote publicly known? Can we publicly announce our votes anyway, or would we be constrained from doing so? If it is the latter then NCUC and perhaps the appointed councilors will not be able to participate. There is no way in hell we tell our constituents sorry, we can't tell you how we voted, and frankly it would be pretty embarrassing in the world outside the moat as well.

One might add that it is at least worth contemplating whether a secret election is in ICANN's institutional interest at this particular geopolitical juncture. It certainly would be something for the AoC review panel on accountability to chew on, and would be a real field day for ICANN's critics in government, civil society, the press, etc around the world.

Best,

Bill