12.0 Postal Ballots
12.1 Application of Section
12.1.1 This section applies to any postal ballot under Rule 7.5 (which relates to elections to the Board) and any postal vote under Rule 9.11 (which relates to postal voting associated with a meeting of Members).
12.1.2 In the following provisions of this section, the expressions "postal ballot" and "ballot" includes a postal vote.
12.2 Appointment of Returning Officer
12.2.1 Where a postal ballot is to be held, it is the duty of the Board to appoint a returning officer for the ballot. The Board may appoint a replacement returning officer if the original appointee dies, resigns or is otherwise incapable of acting.
12.2. The Board may appoint an employee of the Foundation to act as a returning officer in the course of his or her employment by the Foundation, but a Director may not be appointed or act as returning officer.
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12.3 Functions of Returning Officer
12.3.1 The function of a returning officer is to conduct the ballot in accordance with this Constitution and any relevant regulations made by the Board.
12.3.2 A returning officer has all incidental powers and discretions necessary or expedient for carrying out his or her functions (including making determinations on any matter where this Constitution or regulations made by the Board are silent). A determination made in good faith by a returning officer in exercising such powers and discretions is final and binding and may not be called into question by any person.
12.3.3 Without limiting Sub-Rule 12.3.2, the returning officer is responsible for the preparation, design and printing of voting forms including such instructions as to the use of the form as he or she considers necessary or desirable.
12.3.4 The returning officer may engage other persons to assist him or her in carrying out any of his or her functions.
12.4 Dispatch of Voting Forms
12.4.1 The returning officer must, not earlier than 25 Working Days, and not later than 20 Working Days before the date on which voting in the ballot is to close, send by post addressed to each Member entitled to vote in the ballot, the number of voting forms which the Member is entitled to use in the ballot together with a postage-paid addressed return envelope.
12.4.2 Where 2 or more ballots are conducted concurrently, the returning officer may send 1 envelope for return of all voting forms.
12.4.3 In the case of a ballot for the Associate's Seat on the Board, the voting form may be accompanied by the notice to be sent to Associate Members under Sub-Rule 5.4.4 (which provides for Associate Members to advise whether they wish to continue their Membership).
12.5 Accidental Failure to Send Voting Form Not to Invalidate Ballot
The accidental omission by the returning officer to forward a voting form to any Member entitled to vote in the ballot does not invalidate the ballot.
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12.6 Method of Voting
A Member wishing to vote in the ballot shall:
12.6.1 Mark the voting form sent to him or her by the returning officer or cause some other person to mark it on his or her behalf and in compliance with his or her directions, in either case in accordance with the instructions printed on the form; and
12.6.2 Place the completed form in the return envelope as sent by the returning officer; and
12.6.3 Return the envelope either by hand delivery to the Registered Office or by posting it.
In the case of a ballot for the Associates' Seat on the Board, the completed voting form may be accompanied by the Member's response to any notice sent by the Foundation under Sub-Rule 5.5.4 (which provides for Associate Members to advise whether they wish to continue their Membership).
12.7 Receipt of Voting Forms
12.7.1 No voting form is valid unless it is delivered to the Registered Office as required by this Rule, in the return envelope provided for the purpose, before 4.00 p.m. on the closing day. The returning officer must ensure that any post office box or private mail bag to which the return envelope is addressed is cleared at that time.
12.7.2 All envelopes received before the close of voting must, immediately after receipt, be placed in a locked box or boxes in a safe place under the direct control of the returning officer until after the close of voting.
12.7.3 Envelopes received after the close of voting must be marked as such and placed in 1 or more separate sealed and clearly identified parcels.
12.8 Count of Votes
12.8.1 After the close of voting the locked boxes shall be opened in the presence of the returning officer and 2 other persons nominated by the returning officer and the votes contained therein shall then be counted.
12.8.2 A voting form is set aside as invalid if it does not indicate clearly:
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12.8.2.1 In the case of a ballot for election to the Board, the candidate or candidates for whom the voter desired to vote;
12.8.2.2 In any other case, whether the vote is for or against the proposed resolution.
12.9 Return of Result
Within 24 hours after completing the count the returning officer must cause to be delivered to the chairperson of the Board a certificate signed by the returning officer stating the results of the count (including the number of invalid or informal votes). The chairperson must ensure that the original copy of the certificate is fastened in the Foundation's minute book.
12.10 Disposal of Voting Forms
The returning officer must:
12.10.1 As soon as practicable after the completion of the count, cause the used voting forms to be made up into sealed and clearly identified parcels (keeping the invalid or informal voting forms separate from the others);
12.10.2 Cause the sealed parcels to be kept in safe custody under his or her control pending their destruction;
12.10.3 Subject to the direction of any Court of competent jurisdiction, cause all parcels and their contents (including the parcels of envelopes delivered after the close of voting) to be destroyed after the expiration of 6 months from the close of voting.
12.11 Determination of Eligibility to Participate in Ballot
12.11.1 A person's eligibility to vote in a postal ballot and the number of voting forms to which he or she is entitled in terms of this Constitution shall be determined solely by reference to the Register of Members or the record of Qualifying Children kept under Rule 5.5.3 (as the case requires) as at 4 p.m. on a date determined in the manner set out in the next following Sub-Rule.
12.11.2 The applicable date for the purposes of the last preceding Sub-Rule shall be a date fixed by the returning officer or, if he or she does not fix a date, it shall be the 5th Working Day prior to the day on which the voting forms are sent. The returning officer must not fix a date earlier than 10 Working
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Days nor less than 5 Working Days prior to the date on which the voting forms are sent.
12.12 Special Provisions Relating to Certain Postal Votes
The following provisions apply to, and only to, a postal vote conducted for the purposes of Rule 9.11 (which relates to postal voting associated with a meeting of Members):
12.12.1 Each notice of meeting containing a notified proposal (as defined in Rule 9.11.1) shall be accompanied by a voting form or forms (as the case requires) in respect of each notified proposal on which the Member would be entitled to vote if personally present at the meeting.
12.12.2 Postal voting shall close 48 hours before the time appointed for the meeting concerned.
12.13 Alternative Means of Postal Voting
12.13.1 The Board may make, and from time to time rescind or amend, regulations providing for the following matters:
12.13.1.1 Authorising the conduct of ballots wholly or partly by electronic means or by the use of Braille and, for that purpose, approving any electronic system or system involving the use of Braille;
12.13.1.2 Adapting the foregoing provisions of this Section 12 to the extent necessary or expedient in the Board's opinion to meet or accommodate the technological requirements, configurations or specifications and the physical or technical limitations of any electronic system or Braille-based system adopted for electronic voting or voting by means of Braille;
12.13.1.3 Otherwise prescribing and regulating the manner in which such ballots may be conducted.
12.13.2 A ballot conducted in accordance with such regulations is as valid as if conducted in accordance with the procedures otherwise provided by this Section 12.