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Article 8. Election of President-elect and Vice Presidents

8. Election of President-elect and Vice Presidents

8.1. Commencement of Terms. The terms of all offices of the CBA shall commence on July 1 of the respective year.

8.2. Establishment of Districts. For the purpose of providing rotation of the Presidency and representation on the Executive Council, the Affiliated Local Bar Associations shall be divided into the Districts identified in Appendix A.

8.3. Election and Term of President-elect; Rotation. The President-elect shall be elected as stated in Section 8.5 to serve one year as President-elect and the succeeding year (and until his or her successor is determined) as President. For terms beginning in odd-numbered years, the President-elect shall be a member of an Affiliated Local Bar Association in the First District and shall have his or her principal office in that District. For terms beginning in even-numbered years, the President-elect shall be a member of an Affiliated Local Bar Association in, and shall have his or her principal office in, a District other than the First District, which District shall be, for the term beginning in 2004, the Third District and which shall be, in succeeding even-numbered years, the next District (other than the First District) in numerical order, respectively.

8.4. Election and Terms of Vice Presidencies. Each of the Vice Presidents shall be a member of an Affiliated Local Bar Association in the District from which the Vice President is elected and shall have his or her principal office in that District. The Senior Vice Presidency shall rotate annually among the seven Districts in the order they are numbered. The Vice Presidents shall be elected as stated in Section 8.5 to serve one-year terms and until their respective successors are elected.

8.5. Nomination and Election Procedures.

(a) Nominating Committee. Subject to the provisions of Section 8.5(b) with respect to the election of Vice Presidents, nominations for the elective offices shall be made by a Nominating Committee consisting of the following members, determined between July 1 and October 1 of the year preceding the year in which the elected officers' terms shall commence: (1) the President; (2) three CBA members appointed by the President, one of whom shall be a past President and who shall chair the Committee; (3) one CBA member chosen from each District by a majority of the Governors from that District; and (4) one Governor who is a Section representative on the Board of Governors and who is chosen by a majority of the Governors who are Section representatives to the Board of Governors. Not later than November 15 following the selection of the Nominating Committee, notice of their names and addresses shall be given to the CBA members.

(b) Procedures for Selection of Nominees for Vice Presidents. The Governors from all of the Affiliated Local Bar Associations located in each District shall caucus at a place and time of their choosing to select the person who shall stand for election as the nominee of the Nominating Committee as the Vice President for that District. The name of such selected person shall be provided by the caucus to the Nominating Committee not later than December 31st of the year preceding the year in which the term of office for such person would begin. The Nominating Committee shall nominate such selected person to be the nominee for Vice President for the respective District. If a District fails timely to make its selection, the Nominating Committee shall select the nominee for Vice President for that District.

(c) Standards. The President shall instruct the Nominating Committee and the caucuses referred to in Section 8.5(b) that officers shall be chosen on the basis of ability and willingness to serve the CBA's needs, rather than as a method of conferring honors. The President shall also instruct the Nominating Committee and such caucuses to consider and be sensitive to the diverse composition of the CBA, so that all members may recognize that their interests and aspirations are being given serious attention both in the selection of officers and in the conduct of the CBA's affairs. The President shall also instruct the Nominating Committee and such caucuses on the qualifications required by these Bylaws for each office holder, including the requirements of Section 8.3 and Section 8.4.

(d) Nominating Committee Report. On or before January 15 of the year in which their terms would begin, the Nominating Committee shall nominate one qualified person for each of the elective offices of the CBA and shall provide the names of the nominees to the Executive Director. The Executive Director shall give notice of the nominees, stating their names and addresses and the Districts in which they are members of Affiliated Local Bar Associations and in which they have their principal offices, to all CBA members prior to February 15 of that year.

(e) Nominations by Petition. In addition to the nominations made by the Nominating Committee, persons may be nominated by petition for any of the elective offices of the CBA pursuant to the provisions of this Section 8.5(e). Each such petition shall be in writing (which may be in counterparts) and shall state the name of each person nominated, the office for which the nomination is made, the nominee's address, and the District in which the nominee is a member of an Affiliated Local Bar Association and has his or her principal office. Each such petition shall be signed by not less than 100 CBA members who are entitled to vote and shall be delivered to the Executive Director on or before March 15 of the year in which the nominee's term would begin. Each such nominee shall have the qualifications required by these Bylaws for the respective office and, further, each nominee shall have his or her principal office within the same District as the person nominated for that office by the Nominating Committee and shall be a member of an Affiliated Local Bar Association within that District.

(f) Election Procedures.

(1) Uncontested Election. If no other nomination is made pursuant to Section 8.5(e) for a particular office, the nominee nominated to that office by the Nominating Committee shall be deemed elected automatically to that office and shall assume that office as of July 1 of that year.

(2) Contested Election. If there is, in addition to the nominee of the Nominating Committee, one or more other persons nominated for any office pursuant to Section 8.5(e), then the election for that office shall be conducted as follows: On or before April 15 of the year in which the term of that office begins, the Executive Director shall prepare and cause to be provided to all CBA members who are entitled to vote a ballot setting forth the nominees for all of the contested offices. The ballot shall be accompanied by such short biographical sketch, if any, that each nominee may submit for that purpose not later than April 1 of that year. All returned ballots received at the CBA office by 4:00 p.m. on or before the following May 15, bearing such proof of validity as may be determined necessary by the Board of Governors, shall be counted under the supervision of the Executive Council. The winner of the election for each contested office shall be that nominee receiving a plurality of the votes validly cast for that office. The Executive Director shall certify the results of the election to the President and the Board of Governors, and, under the direction of the President, shall notify all nominees of the results. Such certification and notification shall be completed on or before June 1 of that year.

(3) Election Procedures. The Board of Governors may provide for the issuance of ballots and biographical sketches and for the return of ballots by means other than mail as contemplated in Section 8.5(f)(2); provided, however, that such procedures shall never preclude the use of the mail with respect to any CBA member who is entitled to vote in the election and who cannot, or does not choose to, participate in the election by such other means.

(g) Dates. If any of the dates specified in this Section 8.5 falls on a Saturday, Sunday, or holiday observed by the State of Colorado, the date shall be deemed instead to be the next business day following the date so specified.

8.6. Presidential Succession; Vacancy. No President shall serve two successive terms; provided, however that, if the President-elect becomes President upon a vacancy in the Presidency, he or she shall serve the remainder of the predecessor President's term as well as the term for which he or she was elected. If there is no President-elect at the time of the vacancy in the Presidency, the Senior Vice President shall become the President; and, if there is no Senior Vice President or the Senior Vice President chooses not to serve, the Board of Governors shall select one of the Vice Presidents to become the President, and such Senior Vice President or Vice President shall serve the remainder of the predecessor President's term.

8.7. Vacancies in Offices Other Than President. The Board of Governors shall fill each vacancy in any office other than that of the Presidency. If an office of Vice President becomes vacant, the vacancy shall be filled from the District in which the vacancy occurred. If the office of President-elect becomes vacant, the vacancy shall be filled from within any of the Districts from which a person could have been nominated to hold the office for that term; provided, however, that, if the vacancy occurs by reason of the President-elect becoming President to fill a vacancy in that office pursuant to Section 8.6, then the vacancy in the office of President-elect shall not be filled.