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Pacifica National Board Overturns Rigged KPFA PNB Election & Slaps Down "Save KPFA" &"UCR"
The Pacifica National Board on 1/11/18 voted to overturn a rigged manipulated vote for a new LSB board member and for a new PNB member. The "Save KPFA" "United For Community Radio" grouping were pushing for an immediate bankruptcy and illegally manipulated the vote to put up a fake candidate "Save KPFA" supporter and lawyer Bill Campisi to manipulate the election so they could elect their chosen candidate Susan da Silva. It all backfired in the PNB vote.
Listen now:
The Pacifica National Board by a large vote overturned the KPFA Local Station Board vote for a new LSB member Susan da Silva and also their effort to place her on the PNB even though she was not eligible.
Both the "Save KPFA" and "United For Community Radio UCR" grouping publicly conspired to manipulate the election and also to place a new member on the KFPA LSB without going back to the last election list. This slap down of the KPFA LSB majority is an indication that their flagrant grab for total power has backfired and exposed their tactics to people throughout the Pacifica network.
This is the motion that passed at the meeting and also the audio from the meeting which includes the arguments for and against the resolution.
Motion regarding the KPFA Delegate replacement and PNB Listener Directors election – by Alex Steinberg
Resolved that the PNB does not recognize the process (or lack thereof) used on Saturday, January 6, 2018 for appointing Susan da Silva to a KPFA Listener seat vacated by Yuri Gottesman and considers the seat vacant.
(KPFA followed the Pacifica Bylaws in conducting the 2018 Directors Election. If there were infractions, the maker of the motion should cite the Bylaws sections where the election was not in compliance.)
Be it also resolved that the KPFA LSB shall contact candidates on the recount runners up list, including the write-in candidates, to find the first one who is available and willing to serve and seat that individual.
(At the November 2017 KPFA LSB meeting, a motion to use the recount results for filing Delegate seats was defeated. The filling of Delegate vacancy on January 6, 2018 followed the resolutions that were in place.)
Be it further resolved that if no runner up candidates are available, a call should go out to the KPFA membership on KPFA’s website and on the air inviting listener members to apply for the vacancy and giving a deadline, that the applicants shall be interviewed by the Delegates at an LSB meeting, and the LSB shall conduct an IRV vote to determine the winner of the seat.
(Bylaws states that " ..the Delegates for that radio station shall appoint a Member of the appropriate class to serve as Delegate and fill the seat for the remainder of the term."
- Yuri Gottesman resigned on December 26, 2017. On December 30, 2017, KPFA LSB Secretary sent out the Agenda for the January 6, 2018 KPFA LSB meeting, which noticed an Item 9: “Appointment to fill vacancy for Yuri Gottesman’s seat on the KPFA LSB. “ At the January 6 meeting, the Chair asked for nominations to fill Yuri’s seat. One candidate was nominated, Susan da Silva. The body then appointed her to fill the vacancy. The appointment procedure complies with the Bylaws.)
Furthermore, given that KPFA has four current Directors on the PNB until January 25, 2018 when the 2018 PNB is seated, and given that all Delegates who were elected in the KPFA Directors elections on January 6, 2018 are actually Directors-elect and become full-fledged Directors on January 25, 2018 when they are seated, when Bill Campisi “resigned” immediately following the announcement of the results of the Listener Directors election he was not actually resigning as a Director for which Article 5, Section 8 of the bylaws would apply but rather he was withdrawing his acceptance as a Director-elect for which a Director replacement election per the above bylaw would be out of order. Therefore be it resolved that the third KPFA Listener Director-elect position goes to the fourth place candidate Tom Voorhees who shall be seated on the 2018 PNB on January 25, 2018.
(The Bylaws says that Delegate vacancy shall be replaced by a runner up, whereas Director vacancy shall be filled by the vote of the Directors.
The reason for the difference is logical: reconvening the Delegate Electors (the listeners) is difficult, whereas reconvening the Director Electors (the Delegates) is not difficult.
Although the Bylaws does not address the replacement of Director-elect, it makes more sense to follow the process for replacing a seated Director, rather than using the process for replacing a seated Delegate, especially since the Director Electors (the Delegates) were already assembled at the meeting.)
-------------------------------------------------------------------------------------------------------------------------------
Effect of Alex Steinberg’s Motion.
The will of the KPFA LSB was to elect Carole Travis, Chris Cory, and Susan da Silva to the PNB Board.
To accommodate Janet Kobren’s objection, another provision of the Bylaws was followed, even though it turned out that Janet’ Kobren’s objection, that Susan da Silva was not eligible to run, was incorrect.
Alex Steinberg’s motion is using the extra step that was taken, to seat a candidate who was not elected to the Board.
--------------------------------------------------------------------------------------------------------------------------------
Following are the chronology of the election and the pertinent Bylaws.
-
The Chronology:
- Yuri Gottesman resigned from LSB on a December 26, 2017. January LSB agenda was sent out on December 30, noticing the opening in the LSB.
- At the January 6, 2018 KPFA LSB meeting, there was call for nominations for the open seat. Susan da Silva was the only nominee and she was appointed by the LSB to be a Delegate to replace Yuri Gottesman.
- Susan da Silva's name was entered for the 2018 Directors election. She had previously served on the LSB.
- Delegate Janet Kobren, citing Article Five, Section 3, objected that Susan was not eligible for the new Directors election since she was not an LSB member before the December 31 deadline for nominations.
- It turns out that, Janet Kobren’s objection was incorrect. Votes can be cast for any person who is eligible for election, even if person has not been nominated.
- Susan da Silva could have run; however, since no one was versed enough to challenge Janet Kobren's objection, the Delegate Assembly followed the provision of Article Five, Section 8.
- Four candidates run for the Listener Director positions: Carole Travis, Chris Corey, Tom Voorhees, and Bill Campisi.
- The Delegate Assembly elected three new Listener Directors: Chris Corey, Carole Travis, and Bill Campisi. Tom Voorhees was not elected.
- After the election results were announced, Bill Campisi vacated his position as Director-elect.
- Susan da Silva and Tom Voorhees were nominated to fill the vacancy.
- The Delegate Assembly elected Susan da Silva to fill the vacancy.
---
The Bylaws:
- Article Five, Section 3: A. Nomination: "Any current Delegate of any class of Members may nominate any other current Delegate of any class of Members serving the same radio station for the office of Director, provided that the nominee has served at least one year as a Delegate for that radio station. Said nominations shall be given in writing to the Recording Secretary for the radio station Local Station Board ("LSB") by December 31 prior to the election of Directors in January.",
- Article Five, Section 8: Filling Vacancies on the Board: "If a Director's seat previously held by a "Station Representative" Director becomes vacant for any reason, that seat shall be immediately filled for the remainder of the term by a Director elected by the Delegates from that radio station."
Both the "Save KPFA" and "United For Community Radio UCR" grouping publicly conspired to manipulate the election and also to place a new member on the KFPA LSB without going back to the last election list. This slap down of the KPFA LSB majority is an indication that their flagrant grab for total power has backfired and exposed their tactics to people throughout the Pacifica network.
This is the motion that passed at the meeting and also the audio from the meeting which includes the arguments for and against the resolution.
Motion regarding the KPFA Delegate replacement and PNB Listener Directors election – by Alex Steinberg
Resolved that the PNB does not recognize the process (or lack thereof) used on Saturday, January 6, 2018 for appointing Susan da Silva to a KPFA Listener seat vacated by Yuri Gottesman and considers the seat vacant.
(KPFA followed the Pacifica Bylaws in conducting the 2018 Directors Election. If there were infractions, the maker of the motion should cite the Bylaws sections where the election was not in compliance.)
Be it also resolved that the KPFA LSB shall contact candidates on the recount runners up list, including the write-in candidates, to find the first one who is available and willing to serve and seat that individual.
(At the November 2017 KPFA LSB meeting, a motion to use the recount results for filing Delegate seats was defeated. The filling of Delegate vacancy on January 6, 2018 followed the resolutions that were in place.)
Be it further resolved that if no runner up candidates are available, a call should go out to the KPFA membership on KPFA’s website and on the air inviting listener members to apply for the vacancy and giving a deadline, that the applicants shall be interviewed by the Delegates at an LSB meeting, and the LSB shall conduct an IRV vote to determine the winner of the seat.
(Bylaws states that " ..the Delegates for that radio station shall appoint a Member of the appropriate class to serve as Delegate and fill the seat for the remainder of the term."
- Yuri Gottesman resigned on December 26, 2017. On December 30, 2017, KPFA LSB Secretary sent out the Agenda for the January 6, 2018 KPFA LSB meeting, which noticed an Item 9: “Appointment to fill vacancy for Yuri Gottesman’s seat on the KPFA LSB. “ At the January 6 meeting, the Chair asked for nominations to fill Yuri’s seat. One candidate was nominated, Susan da Silva. The body then appointed her to fill the vacancy. The appointment procedure complies with the Bylaws.)
Furthermore, given that KPFA has four current Directors on the PNB until January 25, 2018 when the 2018 PNB is seated, and given that all Delegates who were elected in the KPFA Directors elections on January 6, 2018 are actually Directors-elect and become full-fledged Directors on January 25, 2018 when they are seated, when Bill Campisi “resigned” immediately following the announcement of the results of the Listener Directors election he was not actually resigning as a Director for which Article 5, Section 8 of the bylaws would apply but rather he was withdrawing his acceptance as a Director-elect for which a Director replacement election per the above bylaw would be out of order. Therefore be it resolved that the third KPFA Listener Director-elect position goes to the fourth place candidate Tom Voorhees who shall be seated on the 2018 PNB on January 25, 2018.
(The Bylaws says that Delegate vacancy shall be replaced by a runner up, whereas Director vacancy shall be filled by the vote of the Directors.
The reason for the difference is logical: reconvening the Delegate Electors (the listeners) is difficult, whereas reconvening the Director Electors (the Delegates) is not difficult.
Although the Bylaws does not address the replacement of Director-elect, it makes more sense to follow the process for replacing a seated Director, rather than using the process for replacing a seated Delegate, especially since the Director Electors (the Delegates) were already assembled at the meeting.)
-------------------------------------------------------------------------------------------------------------------------------
Effect of Alex Steinberg’s Motion.
The will of the KPFA LSB was to elect Carole Travis, Chris Cory, and Susan da Silva to the PNB Board.
To accommodate Janet Kobren’s objection, another provision of the Bylaws was followed, even though it turned out that Janet’ Kobren’s objection, that Susan da Silva was not eligible to run, was incorrect.
Alex Steinberg’s motion is using the extra step that was taken, to seat a candidate who was not elected to the Board.
--------------------------------------------------------------------------------------------------------------------------------
Following are the chronology of the election and the pertinent Bylaws.
-
The Chronology:
- Yuri Gottesman resigned from LSB on a December 26, 2017. January LSB agenda was sent out on December 30, noticing the opening in the LSB.
- At the January 6, 2018 KPFA LSB meeting, there was call for nominations for the open seat. Susan da Silva was the only nominee and she was appointed by the LSB to be a Delegate to replace Yuri Gottesman.
- Susan da Silva's name was entered for the 2018 Directors election. She had previously served on the LSB.
- Delegate Janet Kobren, citing Article Five, Section 3, objected that Susan was not eligible for the new Directors election since she was not an LSB member before the December 31 deadline for nominations.
- It turns out that, Janet Kobren’s objection was incorrect. Votes can be cast for any person who is eligible for election, even if person has not been nominated.
- Susan da Silva could have run; however, since no one was versed enough to challenge Janet Kobren's objection, the Delegate Assembly followed the provision of Article Five, Section 8.
- Four candidates run for the Listener Director positions: Carole Travis, Chris Corey, Tom Voorhees, and Bill Campisi.
- The Delegate Assembly elected three new Listener Directors: Chris Corey, Carole Travis, and Bill Campisi. Tom Voorhees was not elected.
- After the election results were announced, Bill Campisi vacated his position as Director-elect.
- Susan da Silva and Tom Voorhees were nominated to fill the vacancy.
- The Delegate Assembly elected Susan da Silva to fill the vacancy.
---
The Bylaws:
- Article Five, Section 3: A. Nomination: "Any current Delegate of any class of Members may nominate any other current Delegate of any class of Members serving the same radio station for the office of Director, provided that the nominee has served at least one year as a Delegate for that radio station. Said nominations shall be given in writing to the Recording Secretary for the radio station Local Station Board ("LSB") by December 31 prior to the election of Directors in January.",
- Article Five, Section 8: Filling Vacancies on the Board: "If a Director's seat previously held by a "Station Representative" Director becomes vacant for any reason, that seat shall be immediately filled for the remainder of the term by a Director elected by the Delegates from that radio station."
For more information:
https://www.youtube.com/watch?v=WsN9lZPQrJs
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At the January 6 meeting the majority minority split was 15:4.
The majority would have elected three people no matter which three names they put up.
Yet, one minority candidate is slated to be seated at the January 25 Pacifica National Board.
How did this come about?
At the January 6 KPFA LSB meeting, one Delegate objected that Susan Da Silva could not run because she did not meet the December 31 nomination deadline, so the the majority used another provision of the Bylaws to elect Susan, even though it turned out that the Delegate's objection was in error, and the board could have conducted the election in a normal way.
However, an individual jumped on this extra step that was taken and got Alex Steinberg of WBAI to put forth a motion at the PNB , mandating that minority candidate, Tom Voorhees, be seated.
The process was rigged, but not in the way it has been portrayed.
Akio Tanaka
The majority would have elected three people no matter which three names they put up.
Yet, one minority candidate is slated to be seated at the January 25 Pacifica National Board.
How did this come about?
At the January 6 KPFA LSB meeting, one Delegate objected that Susan Da Silva could not run because she did not meet the December 31 nomination deadline, so the the majority used another provision of the Bylaws to elect Susan, even though it turned out that the Delegate's objection was in error, and the board could have conducted the election in a normal way.
However, an individual jumped on this extra step that was taken and got Alex Steinberg of WBAI to put forth a motion at the PNB , mandating that minority candidate, Tom Voorhees, be seated.
The process was rigged, but not in the way it has been portrayed.
Akio Tanaka
Aki Tanaka who was elected with "United For Community Radio" UCR faction has said he is really for "democracy". He and his other cohorts however kept their secret nomination of pro-bankruptcy candidate Susan da Vila quiet until the January 6th meeting. According to Tanaka, there should have been no notice to the members of KPFA if they would like to be on the board. Instead he supports a handpicked candidate secretly determined behind back doors by "UCR" and "Save KPFA" and would have us believe this is democracy?
He also supported the scheme to have KPFA LSB member Bill Campisi run and then resign 60 seconds after getting elected so that they could then put on their chosen candidate da Vila who was not even a member of the KPFA LSB in December on the board.
When Akio Tanaka ran for the KPFA board this was part of his statement.
"We need to bring the internecine factionalism within Pacifica to an end, and focus on making the Pacifica Network relevant for the young people."
Akio Tanaka’s Promise
http://www.unitedforcommunityradio.org/?p=4264
The enemy now are the corporations that own the media and the two political parties. The methods that the corporations use to try to silence Pacifica are more subtle and subversive, so it is critically important that we defend and strengthen this vital source of progressive voice. We need to bring the internecine factionalism within Pacifica to an end, and focus on making the Pacifica Network relevant for the young people.
What he has done by his defense of this election maneuver was to betray his own words. Even his collaborators are embarrassed by these tactics and the anger against them but apparently Tanaka has a tin ear and intends to continue operating with the same games.
He also supported the scheme to have KPFA LSB member Bill Campisi run and then resign 60 seconds after getting elected so that they could then put on their chosen candidate da Vila who was not even a member of the KPFA LSB in December on the board.
When Akio Tanaka ran for the KPFA board this was part of his statement.
"We need to bring the internecine factionalism within Pacifica to an end, and focus on making the Pacifica Network relevant for the young people."
Akio Tanaka’s Promise
http://www.unitedforcommunityradio.org/?p=4264
The enemy now are the corporations that own the media and the two political parties. The methods that the corporations use to try to silence Pacifica are more subtle and subversive, so it is critically important that we defend and strengthen this vital source of progressive voice. We need to bring the internecine factionalism within Pacifica to an end, and focus on making the Pacifica Network relevant for the young people.
What he has done by his defense of this election maneuver was to betray his own words. Even his collaborators are embarrassed by these tactics and the anger against them but apparently Tanaka has a tin ear and intends to continue operating with the same games.
It also would be helpful if you all identified yourselves.
KPFA’s latest scheme and everything that’s wrong with it-KPFA Members Left Out In The Cold
Janet Kobren
Hi All ~
I have cc’d a number of the lists that have been included in earlier email exchanges on this matter and I thought you would want to know the latest directly from someone on the KPFA LSB. Note that I am not on some of the lists so perhaps one of you who is can forward this to one(s) that you are on.
The KPFA LSB pro-bankruptcy/crisis group super-majority defies the PNB
I thought I’d be done by now with having to write about all of this.
The PNB approved a motion on January 18th (see motion below with tally) regarding a KPFA Delegate seat and the third KPFA Listener Director-elect. However, the pro-bankruptcy/crisis group super-majority on the KPFA LSB have chosen to repudiate this PNB decision. They continue to recognize Susan da Silva as a Delegate are also asserting that Susan da Silva is the third KPFA Listener Director-elect instead of Tom Voorhees. Regardless, the PNB will seat Mr. Voorhees as the third KPFA Listener Director-elect on January 25th.
Their insistence on defying the PNB might cause one to wonder if they are unaware of or are choosing to disregard California Corporations Code, Section 5210 which says, “… all corporate powers shall be exercised under the ultimate direction of the board [of directors].” (see below andhttp://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CORP§ionNum=5210.)
Scheduling a Listener Directors STV election redo
But they continue to scheme. It appears as though they think they can hit the undo button until they get the “right” outcome, i.e. to have all four KPFA Directors be pro-bankruptcy.
On Friday the KPFA LSB Secretary noticed a Delegate Assembly for January 27th (seehttps://kpftx.org/pacalendar/cal_show1.php?eventdate=20180127) called by the KPFA LSB officers using the “urgent” meeting provision in Article 7, Section 6.B. Here’s the notice:
Saturday, January 27, 2018 2:00 PM ET
KPFA Delegates Assembly
Address:
North Berkeley Senior Center
1901 Hearst Avenue
Berkeley, CA 94709
wheelchair accessible.
KPFA LSB officers are scheduling this meeting to consider next steps in relation to the confusion which arose at the January 6, 2018 Delegate Assembly. This meeting may include a possible new election of KPFA Listener Directors for the Pacifica National Board
Roll Call
Review of issues related to the January 6, 2018 LSB Delegate Assembly and consideration of a new election.
Possible nominations for 2018 KPFA PNB Directors
Possible STV Election of three 2018 PNB Listener Directors by written ballot.
When looking at the notice the officers apparently consider “confusion” to be an “urgent matter”, and the agenda enables them to “possibly” undo what happened on January 6th and stage a redo of the Listener Directors nominations and STV election. It should be noted that since the 2018 PNB Director terms will already have begun on January 25th, this election would be for Directors, not Directors-elect.
I ask where in the bylaws does it allow such a redo election to be held whether it be for Directors-elect or Directors? Nowhere that I can find. If anyone can provide a citation I’d appreciate seeing it.
And with respect to the KPFA LSB officers one might also wonder who were the ones who called this meeting. Article 7, Section 5 says, “Local Station Board officers may not serve concurrently as Foundation Directors, and must resign their position as an LSB officer if elected to the Board of Directors”. Apparently the KPFA LSB currently has only two officers, LSB Vice Chair Christina Huggins and LSB Secretary Carol Travis since on January 6th the LSB Chair Carole Travis and the LSB Treasurer Chris Corey became Listener Directors-elect. And as you might already know, both Ms. Huggins and Ms. Wolfley are pro-bankruptcy, but I suspect former LSB Chair Travis had a hand in devising the redo election plan. Note that Ms. Travis did announce that she was resigning at the end of the January 6th meeting and although we have not received a formal resignation from Mr. Corey his becoming a Listener Director-elect deemed his resignation automatic.
What will happen on January 27th?
It’s hard to know what they think they can do with their January 27th Listener Directors STV election redo. Tom Voorhees will have been seated on January 25th as a KPFA Listener Director, just two days earlier.
Carole Travis and Chris Corey will also have been seated on January 25th as KPFA Listener Directors regardless of whether they call in to the meeting or not, so KPFA will already have its full complement of 2018 Directors.
One would assume they will include Susan da Silva in the January 27th Delegate Assembly roll call and allow her to run and vote in their STV redo. And aside from the likelihood of there being a different set of Delegates present on January 27th than there was on January 6th, there is the question of whether any of the “minority” Delegates will attend (not that they are required to). In addition, given that they plan to also redo nominations we don’t know if they will decide to still use the December 31st Directors nominee list but have someone else who is also pro-bankruptcy other than Bill Campisi run and then not “resign” after the results are announced, or at least not resign immediately. Or they might invent a nominee process in order to include and elect Susan da Silva. And for all we know their nominee process might include allowing already seated 2018 Directors (Carole Travis, Chris Corey and Tom Voorhees whom they didn’t recognize as having won the third seat on January 6th and possibly won’t recognize as a full-fledged Director after his seating on January 25th) to run when the Article 5, Section 3 election is for Directors-elect before their seating which will have already happened in “late January”. So this would be an election for Directors, not Directors-elect. But they might use the “resign” card again but in a different context than before. Ms. Travis and Mr. Corey might resign from the PNB after having been seated as Directors just two days earlier and then run just as Delegates in the redo. That would be strange, to be seated, resign, and two days later run for the same position. What message does that send? And what will happen if Mr. Voorhees doesn’t play their game? Do they think they can elect three Listener Directors in addition to Mr. Voorhees who will be a Director by then? And remember, the only way to remove a Director is spelled out in Article 5, Section 7 which does not include holding a do-over Article 5, Section 3 Listener Directors STV election.
And then of course, one wonders who they would have there who would not be one of the voters to perform the tallying and calculations.
ChoicePlus Pro tally
I might as well add here that after I had remarked in one of my earlier emails that Aki Tanaka’s attachments of the STV tally sheets did not include the calculations, he ran the ballots through ChoicePlus Pro on January 16th (10 days after the election was over) and sent them to me on Friday (see below).
Note that it took 5 rounds for Mr. Campisi to win the seat he eventually resigned from and although he ended up below the threshold of 5, Mr. Campisi’s and Mr. Voorhees’ totals were very close. And even though the 3 winners would likely not have changed without Susan da Silva’s ballot, without her ballot the split between Mr. Campisi and Mr. Voorhees would have been smaller.
Making a mess and botched schemes
So first they came up with their January 6th scheme for the STV election to get Susan da Silva on the PNB which was foiled by the monkey wrench I threw in it when I cited Article 5, Section 3.A. which spells out the Director nomination requirements. Then having been caught off guard they immediately devised a new scheme during executive session in which one of the three Directors-elect would “resign” right after the STV election so they could immediately hold an Article 5, Section 8 IRV Director replacement election (which only applies to Directors, not Directors-elect) to get Ms. da Silva on the PNB. They apparently think they succeeded at this one. Then after rumblings of the legitimacy of that election Mr. Campisi said in an email that since he couldn’t have technically “resigned” as a Director after the STV results had been announced (even though it was his intent per the plan to withdraw himself from the election right then and there so the IRV Director replacement election could take place) he should still be considered the third Listener Director-elect. Then after the January 18th PNB motion, they cooked up the idea to have a do-over of the January 6th STV Listener Directors election.
Those who have been planning all this scheming have made a mess and what resulted wasn’t confusion so much as fallout from their botched attempts to recover from their botched schemes. And based on what I described above regarding what might happen on January 27th, that will add another layer of botching and messiness.
And now on top of this upcoming Delegate Assembly scheme there are rumblings of an even newer possible scheme of filing a lawsuit which they would likely lose given all the evidence of their scheming and bylaws violations out there, not to mention that such a lawsuit would cost Pacifica legal fees to defend against during this period when Pacifica is in very difficult financial straits and when energies should be on decreasing Pacifica’s expenses, not adding to them.
Concluding remarks
This January 27th STV redo scheme is completely contrived and invalid just like the other gimmicks they have tried and botched. On January 6th the Delegates who were not in on their game prior to the beginning of that meeting got played and with the “speed-voting” at the end of that meeting we all got played.
I urge everyone in the Pacifica community to familiarize themselves with the bylaws in order to prevent tricks like this.
So to their January 27th Delegate Assembly move I cry foul. I urge them to cancel this meeting, but if it isn’t I canceled I will not participate in the charade.
~ Janet
——————————————————
Motion regarding the KPFA Delegate replacement and PNB Listener Directors election by Alex Steinberg
[approved by the PNB on January 18, 2018]
Resolved that the PNB does not recognize the process used on Saturday, January 6, 2018 for appointing Susan da Silva to a KPFA Listener Delegate seat vacated by Yuri Gottesman and considers the seat vacant. Be it also resolved that the KPFA LSB shall contact candidates on the recount runners up list, including the write-in candidates, to find the first one who is available and willing to serve and seat that individual. Be it further resolved that if no runner up candidates are available, a call should go out to the KPFA membership on KPFA’s website and on the air inviting listener members to apply for the vacancy and giving a deadline, that the applicants shall be interviewed by the Delegates at an LSB meeting, and the LSB shall conduct an IRV vote to determine the winner of the seat.
Furthermore, given that KPFA has four current Directors on the PNB until January 25, 2018 when the 2018 PNB is seated, and given that all Delegates who were elected in the KPFA Directors elections on January 6, 2018 are actually Directors-elect and become full-fledged Directors on January 25, 2018 when they are seated, when Bill Campisi “resigned” immediately following the announcement of the results of the Listener Directors election he was not actually resigning as a Director for which Article 5, Section 8 of the bylaws would apply but rather he was declining to serve in the position he had just been elected to, Director-elect, and for which a Director replacement election per the above bylaw would be out of order. In addition, an IRV replacement election for a Director-elect does not exist in the bylaws. Therefore be it resolved that the STV election held on January 6, 2018 stands, a redo of that STV election is not in order, and the third KPFA Listener Director-elect position goes to the fourth place nominee in that election, Tom Voorhees who shall be seated on the 2018 PNB on January 25, 2018.
Vote tally:
Yes (14): Grace Aaron (KPFK), David Beaton (Affiliate), Adriana Casenave (KPFT), Kathryn Davis (WBAI), Benito Diaz (WPFW), Jan Goodman (KPFK), DeWayne Lark (KPFT), Ken Laufer (WBAI), Cerene Roberts (WBAI), Mansoor Sabbagh (KPFK), Nancy Sorden (WPFW), Alex Steinberg (WBAI), Themba Tshibanda (Affiliate), Maskeelah Washington (WPFW)
No (6): Bill Crosier, (KPFT) Rhonda Garner (KPFT), Sabrina Jacobs (KPFA), T.M. Scruggs (KPFA), Aki Tanaka (KPFA), Andrea Turner (KPFA)
Abstain (2): Jonathan Alexander (KPFK), Jim Brown (WPFW)
[14Y/6N/2A - passes]
——————————————————
CORPORATIONS CODE - CORP
TITLE 1. CORPORATIONS [100 - 14631] ( Title 1 enacted by Stats. 1947, Ch. 1038. )
DIVISION 2. NONPROFIT CORPORATION LAW [5000 - 10841] ( Heading of Division 2 amended by Stats. 1978, Ch. 567. )
PART 2. NONPROFIT PUBLIC BENEFIT CORPORATIONS [5110 - 6910] ( Part 2 added by Stats. 1978, Ch. 567. )
CHAPTER 2. Directors and Management [5210 - 5260] ( Chapter 2 added by Stats. 1978, Ch. 567. )
ARTICLE 1. General Provisions [5210 - 5215] ( Article 1 added by Stats. 1978, Ch. 567. )
5210.
Each corporation shall have a board of directors. Subject to the provisions of this part and any limitations in the articles or bylaws relating to action required to be approved by the members (Section 5034), or by a majority of all members (Section 5033), the activities and affairs of a corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the board. The board may delegate the management of the activities of the corporation to any person or persons, management company, or committee however composed, provided that the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the board.
(Amended by Stats. 1996, Ch. 589, Sec. 4. Effective January 1, 1997.)
——————————————————
From: akio tanaka
To: Janet Kobren
Sent: Friday, January 19, 2018 7:38 PM
Subject: ChoicePlus Pro
KPFA 2018 PNB Verification
CANDIDATES:
Bill Campisi
Chris Corey
Carole Travis
Tom Voorhees
Christina Huggins
ELECTION RULES:
System: Choice Voting
Threshold Type: Droop
Surplus Transfers: Fractional
Elected at end of round
Simultaneous Drop: When mathematically inevitable
Ties: 1) Previous Round method
2) By drawing lots
3) Random (by computer)
--------------------------------------------------
19 valid ballots.
Electing 3 candidates.
Winning threshold is 5 votes.
There were no invalid ballots.
(19 total ballots processed.)
--------------------------------------------------
********************************************************************************
ROUND 1 -- Tally of 1st place votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis +7.00000 7.00000 ELECTED -- 1st round
Chris Corey +6.00000 6.00000 ELECTED -- 1st round
Tom Voorhees +4.00000 4.00000 CONTINUING
Bill Campisi +2.00000 2.00000 CONTINUING
Christina Huggins 0.00000 0.00000 CONTINUING
EXHAUSTED PILE: 0.00000 0.00000
TOTALS: +19.00000 19.00000
-- Carole Travis has been ELECTED because s/he has met the threshold.
-- Chris Corey has been ELECTED because s/he has met the threshold.
********************************************************************************
ROUND 2 -- Carole Travis has been ELECTED -- transferring surplus votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis -2.00000 5.00000 ELECTED -- 1st round
Chris Corey 0.00000 6.00000 ELECTED -- 1st round
Tom Voorhees 0.00000 4.00000 CONTINUING
Bill Campisi +1.71429 3.71429 CONTINUING
Christina Huggins +0.28571 0.28571 CONTINUING
EXHAUSTED PILE: 0.00000 0.00000
TOTALS: 0.00000 19.00000
********************************************************************************
ROUND 3 -- Chris Corey has been ELECTED -- transferring surplus votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis 0.00000 5.00000 ELECTED -- 1st round
Chris Corey -1.00000 5.00000 ELECTED -- 1st round
Bill Campisi +1.00000 4.71429 CONTINUING
Tom Voorhees 0.00000 4.00000 CONTINUING
Christina Huggins 0.00000 0.28571 DEFEATED -- 3rd round
EXHAUSTED PILE: 0.00000 0.00000
TOTALS: 0.00000 19.00000
-- Christina Huggins is declared DEFEATED because s/he has the lowest number of
votes.
********************************************************************************
ROUND 4 -- Christina Huggins has been DEFEATED -- transferring all votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis 0.00000 5.00000 ELECTED -- 1st round
Chris Corey 0.00000 5.00000 ELECTED -- 1st round
Bill Campisi 0.00000 4.71429 CONTINUING
Tom Voorhees +0.28571 4.28571 DEFEATED -- 4th round
Christina Huggins -0.28571 0.00000 DEFEATED -- 3rd round
EXHAUSTED PILE: 0.00000 0.00000
TOTALS: 0.00000 19.00000
-- Tom Voorhees is declared DEFEATED because s/he has the lowest number of
votes.
********************************************************************************
ROUND 5 -- Tom Voorhees has been DEFEATED -- transferring all votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis 0.00000 5.00000 ELECTED -- 1st round
Chris Corey 0.00000 5.00000 ELECTED -- 1st round
Bill Campisi 0.00000 4.71429 ELECTED -- 5th round
Tom Voorhees -4.28571 0.00000 DEFEATED -- 4th round
Christina Huggins 0.00000 0.00000 DEFEATED -- 3rd round
EXHAUSTED PILE: +4.28571 4.28571
TOTALS: 0.00000 19.00000
-- Bill Campisi has been ELECTED, by the process of elimination.
********************************************************************************
ELECTION COUNT SUCCESSFULLY COMPLETED
Tuesday, January 16, 2018 10:25 AM
ChoicePlus Pro -- Version 2.3.2
(c) 1993-2006 Voting Solutions -- All Rights Reserved
Janet Kobren
Hi All ~
I have cc’d a number of the lists that have been included in earlier email exchanges on this matter and I thought you would want to know the latest directly from someone on the KPFA LSB. Note that I am not on some of the lists so perhaps one of you who is can forward this to one(s) that you are on.
The KPFA LSB pro-bankruptcy/crisis group super-majority defies the PNB
I thought I’d be done by now with having to write about all of this.
The PNB approved a motion on January 18th (see motion below with tally) regarding a KPFA Delegate seat and the third KPFA Listener Director-elect. However, the pro-bankruptcy/crisis group super-majority on the KPFA LSB have chosen to repudiate this PNB decision. They continue to recognize Susan da Silva as a Delegate are also asserting that Susan da Silva is the third KPFA Listener Director-elect instead of Tom Voorhees. Regardless, the PNB will seat Mr. Voorhees as the third KPFA Listener Director-elect on January 25th.
Their insistence on defying the PNB might cause one to wonder if they are unaware of or are choosing to disregard California Corporations Code, Section 5210 which says, “… all corporate powers shall be exercised under the ultimate direction of the board [of directors].” (see below andhttp://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CORP§ionNum=5210.)
Scheduling a Listener Directors STV election redo
But they continue to scheme. It appears as though they think they can hit the undo button until they get the “right” outcome, i.e. to have all four KPFA Directors be pro-bankruptcy.
On Friday the KPFA LSB Secretary noticed a Delegate Assembly for January 27th (seehttps://kpftx.org/pacalendar/cal_show1.php?eventdate=20180127) called by the KPFA LSB officers using the “urgent” meeting provision in Article 7, Section 6.B. Here’s the notice:
Saturday, January 27, 2018 2:00 PM ET
KPFA Delegates Assembly
Address:
North Berkeley Senior Center
1901 Hearst Avenue
Berkeley, CA 94709
wheelchair accessible.
KPFA LSB officers are scheduling this meeting to consider next steps in relation to the confusion which arose at the January 6, 2018 Delegate Assembly. This meeting may include a possible new election of KPFA Listener Directors for the Pacifica National Board
Roll Call
Review of issues related to the January 6, 2018 LSB Delegate Assembly and consideration of a new election.
Possible nominations for 2018 KPFA PNB Directors
Possible STV Election of three 2018 PNB Listener Directors by written ballot.
When looking at the notice the officers apparently consider “confusion” to be an “urgent matter”, and the agenda enables them to “possibly” undo what happened on January 6th and stage a redo of the Listener Directors nominations and STV election. It should be noted that since the 2018 PNB Director terms will already have begun on January 25th, this election would be for Directors, not Directors-elect.
I ask where in the bylaws does it allow such a redo election to be held whether it be for Directors-elect or Directors? Nowhere that I can find. If anyone can provide a citation I’d appreciate seeing it.
And with respect to the KPFA LSB officers one might also wonder who were the ones who called this meeting. Article 7, Section 5 says, “Local Station Board officers may not serve concurrently as Foundation Directors, and must resign their position as an LSB officer if elected to the Board of Directors”. Apparently the KPFA LSB currently has only two officers, LSB Vice Chair Christina Huggins and LSB Secretary Carol Travis since on January 6th the LSB Chair Carole Travis and the LSB Treasurer Chris Corey became Listener Directors-elect. And as you might already know, both Ms. Huggins and Ms. Wolfley are pro-bankruptcy, but I suspect former LSB Chair Travis had a hand in devising the redo election plan. Note that Ms. Travis did announce that she was resigning at the end of the January 6th meeting and although we have not received a formal resignation from Mr. Corey his becoming a Listener Director-elect deemed his resignation automatic.
What will happen on January 27th?
It’s hard to know what they think they can do with their January 27th Listener Directors STV election redo. Tom Voorhees will have been seated on January 25th as a KPFA Listener Director, just two days earlier.
Carole Travis and Chris Corey will also have been seated on January 25th as KPFA Listener Directors regardless of whether they call in to the meeting or not, so KPFA will already have its full complement of 2018 Directors.
One would assume they will include Susan da Silva in the January 27th Delegate Assembly roll call and allow her to run and vote in their STV redo. And aside from the likelihood of there being a different set of Delegates present on January 27th than there was on January 6th, there is the question of whether any of the “minority” Delegates will attend (not that they are required to). In addition, given that they plan to also redo nominations we don’t know if they will decide to still use the December 31st Directors nominee list but have someone else who is also pro-bankruptcy other than Bill Campisi run and then not “resign” after the results are announced, or at least not resign immediately. Or they might invent a nominee process in order to include and elect Susan da Silva. And for all we know their nominee process might include allowing already seated 2018 Directors (Carole Travis, Chris Corey and Tom Voorhees whom they didn’t recognize as having won the third seat on January 6th and possibly won’t recognize as a full-fledged Director after his seating on January 25th) to run when the Article 5, Section 3 election is for Directors-elect before their seating which will have already happened in “late January”. So this would be an election for Directors, not Directors-elect. But they might use the “resign” card again but in a different context than before. Ms. Travis and Mr. Corey might resign from the PNB after having been seated as Directors just two days earlier and then run just as Delegates in the redo. That would be strange, to be seated, resign, and two days later run for the same position. What message does that send? And what will happen if Mr. Voorhees doesn’t play their game? Do they think they can elect three Listener Directors in addition to Mr. Voorhees who will be a Director by then? And remember, the only way to remove a Director is spelled out in Article 5, Section 7 which does not include holding a do-over Article 5, Section 3 Listener Directors STV election.
And then of course, one wonders who they would have there who would not be one of the voters to perform the tallying and calculations.
ChoicePlus Pro tally
I might as well add here that after I had remarked in one of my earlier emails that Aki Tanaka’s attachments of the STV tally sheets did not include the calculations, he ran the ballots through ChoicePlus Pro on January 16th (10 days after the election was over) and sent them to me on Friday (see below).
Note that it took 5 rounds for Mr. Campisi to win the seat he eventually resigned from and although he ended up below the threshold of 5, Mr. Campisi’s and Mr. Voorhees’ totals were very close. And even though the 3 winners would likely not have changed without Susan da Silva’s ballot, without her ballot the split between Mr. Campisi and Mr. Voorhees would have been smaller.
Making a mess and botched schemes
So first they came up with their January 6th scheme for the STV election to get Susan da Silva on the PNB which was foiled by the monkey wrench I threw in it when I cited Article 5, Section 3.A. which spells out the Director nomination requirements. Then having been caught off guard they immediately devised a new scheme during executive session in which one of the three Directors-elect would “resign” right after the STV election so they could immediately hold an Article 5, Section 8 IRV Director replacement election (which only applies to Directors, not Directors-elect) to get Ms. da Silva on the PNB. They apparently think they succeeded at this one. Then after rumblings of the legitimacy of that election Mr. Campisi said in an email that since he couldn’t have technically “resigned” as a Director after the STV results had been announced (even though it was his intent per the plan to withdraw himself from the election right then and there so the IRV Director replacement election could take place) he should still be considered the third Listener Director-elect. Then after the January 18th PNB motion, they cooked up the idea to have a do-over of the January 6th STV Listener Directors election.
Those who have been planning all this scheming have made a mess and what resulted wasn’t confusion so much as fallout from their botched attempts to recover from their botched schemes. And based on what I described above regarding what might happen on January 27th, that will add another layer of botching and messiness.
And now on top of this upcoming Delegate Assembly scheme there are rumblings of an even newer possible scheme of filing a lawsuit which they would likely lose given all the evidence of their scheming and bylaws violations out there, not to mention that such a lawsuit would cost Pacifica legal fees to defend against during this period when Pacifica is in very difficult financial straits and when energies should be on decreasing Pacifica’s expenses, not adding to them.
Concluding remarks
This January 27th STV redo scheme is completely contrived and invalid just like the other gimmicks they have tried and botched. On January 6th the Delegates who were not in on their game prior to the beginning of that meeting got played and with the “speed-voting” at the end of that meeting we all got played.
I urge everyone in the Pacifica community to familiarize themselves with the bylaws in order to prevent tricks like this.
So to their January 27th Delegate Assembly move I cry foul. I urge them to cancel this meeting, but if it isn’t I canceled I will not participate in the charade.
~ Janet
——————————————————
Motion regarding the KPFA Delegate replacement and PNB Listener Directors election by Alex Steinberg
[approved by the PNB on January 18, 2018]
Resolved that the PNB does not recognize the process used on Saturday, January 6, 2018 for appointing Susan da Silva to a KPFA Listener Delegate seat vacated by Yuri Gottesman and considers the seat vacant. Be it also resolved that the KPFA LSB shall contact candidates on the recount runners up list, including the write-in candidates, to find the first one who is available and willing to serve and seat that individual. Be it further resolved that if no runner up candidates are available, a call should go out to the KPFA membership on KPFA’s website and on the air inviting listener members to apply for the vacancy and giving a deadline, that the applicants shall be interviewed by the Delegates at an LSB meeting, and the LSB shall conduct an IRV vote to determine the winner of the seat.
Furthermore, given that KPFA has four current Directors on the PNB until January 25, 2018 when the 2018 PNB is seated, and given that all Delegates who were elected in the KPFA Directors elections on January 6, 2018 are actually Directors-elect and become full-fledged Directors on January 25, 2018 when they are seated, when Bill Campisi “resigned” immediately following the announcement of the results of the Listener Directors election he was not actually resigning as a Director for which Article 5, Section 8 of the bylaws would apply but rather he was declining to serve in the position he had just been elected to, Director-elect, and for which a Director replacement election per the above bylaw would be out of order. In addition, an IRV replacement election for a Director-elect does not exist in the bylaws. Therefore be it resolved that the STV election held on January 6, 2018 stands, a redo of that STV election is not in order, and the third KPFA Listener Director-elect position goes to the fourth place nominee in that election, Tom Voorhees who shall be seated on the 2018 PNB on January 25, 2018.
Vote tally:
Yes (14): Grace Aaron (KPFK), David Beaton (Affiliate), Adriana Casenave (KPFT), Kathryn Davis (WBAI), Benito Diaz (WPFW), Jan Goodman (KPFK), DeWayne Lark (KPFT), Ken Laufer (WBAI), Cerene Roberts (WBAI), Mansoor Sabbagh (KPFK), Nancy Sorden (WPFW), Alex Steinberg (WBAI), Themba Tshibanda (Affiliate), Maskeelah Washington (WPFW)
No (6): Bill Crosier, (KPFT) Rhonda Garner (KPFT), Sabrina Jacobs (KPFA), T.M. Scruggs (KPFA), Aki Tanaka (KPFA), Andrea Turner (KPFA)
Abstain (2): Jonathan Alexander (KPFK), Jim Brown (WPFW)
[14Y/6N/2A - passes]
——————————————————
CORPORATIONS CODE - CORP
TITLE 1. CORPORATIONS [100 - 14631] ( Title 1 enacted by Stats. 1947, Ch. 1038. )
DIVISION 2. NONPROFIT CORPORATION LAW [5000 - 10841] ( Heading of Division 2 amended by Stats. 1978, Ch. 567. )
PART 2. NONPROFIT PUBLIC BENEFIT CORPORATIONS [5110 - 6910] ( Part 2 added by Stats. 1978, Ch. 567. )
CHAPTER 2. Directors and Management [5210 - 5260] ( Chapter 2 added by Stats. 1978, Ch. 567. )
ARTICLE 1. General Provisions [5210 - 5215] ( Article 1 added by Stats. 1978, Ch. 567. )
5210.
Each corporation shall have a board of directors. Subject to the provisions of this part and any limitations in the articles or bylaws relating to action required to be approved by the members (Section 5034), or by a majority of all members (Section 5033), the activities and affairs of a corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the board. The board may delegate the management of the activities of the corporation to any person or persons, management company, or committee however composed, provided that the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the board.
(Amended by Stats. 1996, Ch. 589, Sec. 4. Effective January 1, 1997.)
——————————————————
From: akio tanaka
To: Janet Kobren
Sent: Friday, January 19, 2018 7:38 PM
Subject: ChoicePlus Pro
KPFA 2018 PNB Verification
CANDIDATES:
Bill Campisi
Chris Corey
Carole Travis
Tom Voorhees
Christina Huggins
ELECTION RULES:
System: Choice Voting
Threshold Type: Droop
Surplus Transfers: Fractional
Elected at end of round
Simultaneous Drop: When mathematically inevitable
Ties: 1) Previous Round method
2) By drawing lots
3) Random (by computer)
--------------------------------------------------
19 valid ballots.
Electing 3 candidates.
Winning threshold is 5 votes.
There were no invalid ballots.
(19 total ballots processed.)
--------------------------------------------------
********************************************************************************
ROUND 1 -- Tally of 1st place votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis +7.00000 7.00000 ELECTED -- 1st round
Chris Corey +6.00000 6.00000 ELECTED -- 1st round
Tom Voorhees +4.00000 4.00000 CONTINUING
Bill Campisi +2.00000 2.00000 CONTINUING
Christina Huggins 0.00000 0.00000 CONTINUING
EXHAUSTED PILE: 0.00000 0.00000
TOTALS: +19.00000 19.00000
-- Carole Travis has been ELECTED because s/he has met the threshold.
-- Chris Corey has been ELECTED because s/he has met the threshold.
********************************************************************************
ROUND 2 -- Carole Travis has been ELECTED -- transferring surplus votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis -2.00000 5.00000 ELECTED -- 1st round
Chris Corey 0.00000 6.00000 ELECTED -- 1st round
Tom Voorhees 0.00000 4.00000 CONTINUING
Bill Campisi +1.71429 3.71429 CONTINUING
Christina Huggins +0.28571 0.28571 CONTINUING
EXHAUSTED PILE: 0.00000 0.00000
TOTALS: 0.00000 19.00000
********************************************************************************
ROUND 3 -- Chris Corey has been ELECTED -- transferring surplus votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis 0.00000 5.00000 ELECTED -- 1st round
Chris Corey -1.00000 5.00000 ELECTED -- 1st round
Bill Campisi +1.00000 4.71429 CONTINUING
Tom Voorhees 0.00000 4.00000 CONTINUING
Christina Huggins 0.00000 0.28571 DEFEATED -- 3rd round
EXHAUSTED PILE: 0.00000 0.00000
TOTALS: 0.00000 19.00000
-- Christina Huggins is declared DEFEATED because s/he has the lowest number of
votes.
********************************************************************************
ROUND 4 -- Christina Huggins has been DEFEATED -- transferring all votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis 0.00000 5.00000 ELECTED -- 1st round
Chris Corey 0.00000 5.00000 ELECTED -- 1st round
Bill Campisi 0.00000 4.71429 CONTINUING
Tom Voorhees +0.28571 4.28571 DEFEATED -- 4th round
Christina Huggins -0.28571 0.00000 DEFEATED -- 3rd round
EXHAUSTED PILE: 0.00000 0.00000
TOTALS: 0.00000 19.00000
-- Tom Voorhees is declared DEFEATED because s/he has the lowest number of
votes.
********************************************************************************
ROUND 5 -- Tom Voorhees has been DEFEATED -- transferring all votes.
CANDIDATE THIS ROUND TOTAL STATUS
----------------------- ------------- ------------- ----------------------
Carole Travis 0.00000 5.00000 ELECTED -- 1st round
Chris Corey 0.00000 5.00000 ELECTED -- 1st round
Bill Campisi 0.00000 4.71429 ELECTED -- 5th round
Tom Voorhees -4.28571 0.00000 DEFEATED -- 4th round
Christina Huggins 0.00000 0.00000 DEFEATED -- 3rd round
EXHAUSTED PILE: +4.28571 4.28571
TOTALS: 0.00000 19.00000
-- Bill Campisi has been ELECTED, by the process of elimination.
********************************************************************************
ELECTION COUNT SUCCESSFULLY COMPLETED
Tuesday, January 16, 2018 10:25 AM
ChoicePlus Pro -- Version 2.3.2
(c) 1993-2006 Voting Solutions -- All Rights Reserved
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