Proposed By-law Reform 2023
The APNIC Executive Council has called a Special Meeting of Members to be held at APNIC 56 in Kyoto, Japan, where the Members of APNIC will vote on resolutions to amend the APNIC By-laws to enhance the eligibility criteria for EC election nominees and to mitigate vulnerabilities in the EC election process.
These resolutions have been prepared in response to community feedback received during the EC election in March 2023 as well as following a community consultation on proposed by-law reform announced in July. Recordings of the community consultation sessions can be accessed below (click ‘Consultations’).
Members have been sent a Notice of Special Meeting of APNIC Members. To download a copy of this notice and the Supporting Information, click here.
Further information on the resolutions, key dates, and how to vote can be found via the tabs below.
A resolution to introduce new eligibility criteria for nominees in Executive Council elections.
The resolution passed.
Resolution 2
A resolution to preserve the independence and geographic representation of the Executive Council.
The resolution passed.
Resolution 3
A resolution to prevent individuals involved in litigation against APNIC from being nominees in Executive Council elections.
The resolution passed.
Resolution 4
A resolution to limit the control one organisation (or corporate group) can have on the Executive Council.
The resolution passed.
Resolution 5
A resolution to introduce a new independent body, the Electoral Committee, to have oversight of nominee eligibility and conduct in Executive Council elections.
The resolution passed.
The BigPulse results for the elections and the by-laws voting are available to view.
1. Resolution 1
A resolution to introduce new eligibility criteria for nominees in Executive Council elections.
Resolution
That the By-laws of the Special Committee known as APNIC be amended by inserting the following new clauses 34A and 34B:
- principally and ordinarily reside, and maintain a primary residence, in an economy (having its own officially-assigned code under ISO 3166) within the Asia Pacific region serviced by APNIC;
- be eligible to be appointed as a director of a corporation under the laws of the Commonwealth of Australia;
- be registered for and attend (whether in person or online) the meeting at which the Executive Council election will be held, provided the individual has joined the meeting prior to the announcement of the election results, other than where the individual has been granted leave by the Executive Council or its delegate not to attend due to unexpected circumstances beyond their control;
- have registered and attended (whether in person or online), at least three of the immediate past seven APNIC conferences prior to the meeting at which the Executive Council election is held; and
- submit a declaration that they:
- agree to abide by these by-laws and the rules governing the relevant election; and
- satisfy all eligibility requirements to be nominated and to stand for election to the Executive Council,
which if later found to be false or misleading will result in their election being deemed invalid and their term coming to an immediate end.
34B. For the purpose of by-law 34A(b), if an Executive Council member at any time becomes ineligible to serve as a director of a corporation under the laws of the Commonwealth of Australia, their term as an Executive Council member will immediately end.
2. Resolution 2
A resolution to preserve the independence and geographic representation of the Executive Council.
Resolution
That the By-laws of the Special Committee known as APNIC be amended by inserting the following new clauses 34C, 34D, and 34E:
- an employee of APNIC or any of its related bodies corporate;
- an individual who is currently serving in another community-elected APNIC position, unless that individual agrees as a condition of their nomination that they will resign from such other community-elected position as soon as practicable if elected to the Executive Council; or
- an individual who is currently employed by, or serving on the board (or an equivalent governing body) of, another Regional Internet Registry or ICANN (Internet Corporation for Assigned Names and Numbers).
34D. Not more than one individual who principally and ordinarily resides, and maintains a primary residence, in an economy (having its own officially-assigned code under ISO 3166) within the Asia Pacific region serviced by APNIC may be elected in the same year.
34E. For the purpose of by-law 34D, where multiple individuals who principally and ordinarily reside, and maintain a primary residence, in the same economy receive sufficient votes to be elected in the same year:
- the individual with the highest votes will be declared elected; and
- the other individual(s) with the lower votes will be deemed ineligible and excluded.
3. Resolution 3
A resolution to prevent individuals involved in litigation against APNIC from being nominees in Executive Council elections.
Resolution
That the By-laws of the Special Committee known as APNIC be amended by inserting the following new clause to be numbered 34F:
4. Resolution 4
A resolution to limit the control one organisation (or corporate group) can have on the Executive Council.
Resolution
That the By-laws of the Special Committee known as APNIC be amended by deleting the following words from clause 35:
“Only one individual per Member organisation may be elected to sit on the Executive Council.”
and inserting the following new clauses 35A and 35B:
35B. For the purpose of by-law 35A:
- “has an association with” means being a director or controlling shareholder of, or being employed by, or having a consulting relationship with, or receiving material compensation from, such organisation.
- “Corporate Group” means an organisation (whether incorporated or not), together with all other bodies corporate with the same ultimate beneficial owner, and all their related bodies corporate.
- “Exempt Organisation” means:
- APNIC or any of its related bodies corporate;
- an organisation or a community body that operates on a not-for-profit basis, and either:
- performs a role of Internet coordination, operations, or governance, the name of which is specified by the Executive Council and published by APNIC on its website from time to time; or
- performs a function that is wholly unrelated to APNIC’s activities (for example: sporting clubs or academic clubs, etc.).
- Where multiple individuals who have an association with the same Corporate Group receive sufficient votes to be elected in the same year:
- the individual with the highest votes will be declared elected; and
- the other individual(s) with the lower votes will be deemed ineligible and excluded.
5. Resolution 5
A resolution to introduce a new independent body, the Electoral Committee, to have oversight of nominee eligibility and conduct in Executive Council elections.
Resolution
That the By-laws of the Special Committee known as APNIC be amended by inserting the following new clause to be numbered 35C:
- The Executive Council must establish an Electoral Committee to oversee the nominations and nominee conduct during each Executive Council election.
- The Electoral Committee:
- is a sub-committee of the Executive Council;
- will be appointed by the Executive Council and will consist of at least three and not more than seven members;
- has the power to determine the eligibility of each nominee in the relevant election, and to exclude a nominee from the relevant election due to their ineligibility;
- has the power to establish and enforce a Code of Conduct for nominees, and the power to exclude a nominee from the relevant election for non-compliance with the Code of Conduct;
- with respect to sub-clauses (iii) and (iv) of this by-law 35C(b), has the power to exclude a nominee from the relevant election following the announcement of the election results in circumstances where the state of affairs giving rise to such ineligibility or non-compliance with the Code of Conduct existed prior to the announcement of the election results;
- may, with the consent of the Executive Council, delegate any of its powers or functions to an independent organisation as it considers reasonably appropriate; and
- will be provided with administrative and legal support by APNIC.
- All nominees for the Executive Council must agree as a condition of their nomination to:
- waive any and all claims the nominee may have against the Electoral Committee or its members in relation to the actions of the Electoral Committee, other than in circumstances where the Electoral Committee has acted in bad faith; and
- submit to the decisions of the Electoral Committee, which will be final and binding.
Supporting information
A document outlining the proposed amendments to the APNIC By-laws is available.
More information
| Activity | Date | Time |
|---|---|---|
| Member online voting opens | Thursday, 31 August 2023 | 14:00 (UTC +10) |
| Proxy appointment opens | Thursday, 31 August 2023 | 14:00 (UTC +10) |
| Proxy appointment closes* | Tuesday, 12 September 2023 | 14:30 (UTC +9) |
| Proxy voting opens* | Thursday, 14 September 2023 | 09:30 (UTC +9) |
| All voting closes* | Thursday, 14 September 2023 | 14:30 (UTC +9) |
*During the week of the APNIC conference, times are expressed in local time at the event location. In this case, APNIC 56 will take place in the UTC +9 time zone.
More information
Proposed by-laws reforms
Voting
Proxy appointment FAQ
By-laws voting FAQ
Voting entitlements
Voting entitlements are only available to individuals who are Corporate Contacts or authorized contacts with voting rights given by the Corporate Contact.
The number of votes each APNIC Member organization is entitled to is determined by membership tier:
| Membership tier | IPv4 prefix | IPv6 prefix | Votes |
|---|---|---|---|
| Associate | None | None | 1 |
| Very Small | Up to and including /22 | Up to and including /35 | 2 |
| Small | >/22, up to and including /19 | >/35, up to and including /32 | 4 |
| Medium | >/19, up to and including /16 | >/32, up to and including /29 | 8 |
| Large | >/16, up to and including /13 | >/29, up to and including /26 | 16 |
| Very Large | >/13, up to and including /10 | >/26, up to and including /23 | 32 |
| Extra Large | >/10 | >/23 | 64 |
For more information about voting, please see the by-laws voting FAQ.
Member online voting
Member online voting is only available to APNIC Members via MyAPNIC. To cast votes online in the BigPulse voting system, you must login to MyAPNIC using two-factor authentication. Online voting will be available to eligible Member contacts at any time, 24×7, during the online voting period.
Member online voting opens on Thursday, 31 August 2023 at 14:00 (UTC +10) and closes on Thursday, 14 September 2023 at 14:30 (UTC +9).
Proxy appointment
Alternatively, Corporate Contacts can appoint a proxy who can vote online on their behalf. If a proxy is appointed, the Member will lose the right to vote directly for the election. The proxy voter need not be from the Member organization, but will only be permitted to vote from 09:30 to 14:30 (UTC +9) on 14 September 2023. To appoint a proxy, you must login to MyAPNIC using two-factor authentication.
Confirmation emails are sent to the appointed proxy and the Corporate Contact after the proxy form is submitted via MyAPNIC.
Proxy appointment opens on Thursday, 31 August 2023 and closes on Tuesday, 12 September 2023 at 14:30 (UTC +9).
For more information, please see the by-laws voting FAQ.
Proxy online voting
Proxy online voting takes place during APNIC 56 on Thursday, 14 September 2023 from 09:30 to 14:30 (UTC +9).
Proxy voters can vote online in the EC elections via MyAPNIC using two-factor authentication.
More information
Proposed by-laws reforms
Key dates
Proxy appointment FAQ
By-laws voting FAQ
1. How can I vote on the by-laws proposal?
The by-laws vote will be conducted entirely via an independent online voting service provider, BigPulse, the same provider used for the EC and NRO NC elections. The voting transaction is carried out directly between the voter’s web client and the BigPulse system, without passing through APNIC systems.
APNIC Member Corporate Contacts, contacts with voting rights and duly-appointed proxies can vote on the proposed by-laws reforms, as follows:
- Login to MyAPNIC using two-factor authentication and click the ‘Vote’ link on the dashboard, to access the BigPulse voting interface. (Note, there will be several election options on that page].
- Use the online ballot form to select your chosen option for each proposed by-law amendment: Yes, No, Abstain. Once you have completed your selection, hit ‘Submit’ to confirm the ballot submission. You can click ‘Back’ to make any changes.
Refer to the key dates page to see when online voting is open for the proposed by-laws reforms.
More information on the proposed by-laws reforms is available.
2. How can I appoint a proxy?
The Corporate Contact of a Member organization may appoint a proxy to vote on their behalf on the proposed by-law reforms via MyAPNIC in the usual way.
Confirmation emails are sent to the appointed proxy and the Corporate Contact after the proxy appointment form is submitted via MyAPNIC.
See the proxy appointment FAQ for more information.
3. How do I know if I am a Corporate Contact or a Contact with voting rights?
You can check your contact type and rights in MyAPNIC. To see all contacts and types, login to MyAPNIC, go to:
- Resource Manager
- Admin
- Contact Details
Please note, only Corporate Contacts can check the voting permissions of other contacts.
4. How many votes do I have?
The voting entitlement for each APNIC Member depends on their membership tier:
| Membership tier | Number of votes |
|---|---|
| Associate | 1 |
| Very Small | 2 |
| Small | 4 |
| Medium | 8 |
| Large | 16 |
| Very Large | 32 |
| Extra Large | 64 |
The BigPulse system will automatically display the number of votes you are entitled to.
Please note that the system does not allow the ‘splitting’ of voting entitlements. Each Member submits a single online ballot carrying all of their votes, in a single submission, while proxies submit a single, separate ballot for each Member they represent.
5. When can I vote?
Member online voting opens on Thursday, 31 August 2023 at 14:00 (UTC +10) and closes on Thursday, 14 September 2023 at 14:30 (UTC +9).
An email to announce the opening of voting will be sent to all APNIC Members.
Proxy online voting takes place during APNIC 56 on Thursday, 14 September 2023 from 09:30 to 14:30 (UTC +9). All necessary information will be sent to Members according to the key dates.
6. What equipment do I need to vote online?
You will need a computer or mobile device and Internet connectivity that allows you to access MyAPNIC and the BigPulse voting system.
7. How do I know that my online vote has been received by the system?
The voting process consists of three steps: voting, confirmation and a thank you screen. On the final screen, you have the option to view the voting receipt, which includes the full details of your vote, for your information.
The voting receipt will not be available again once you leave the BigPulse voting system, so please download the voting receipt if you wish to retain a copy for your records.
8. How can I verify that my online vote has been received by the system?
In addition to providing a receipt, the BigPulse system provides an online audit report that can be used to verify that your vote has been recorded (but without revealed details of the vote itself).
9. Is it possible to determine what I voted for?
While the audit report can verify that your vote was received, the system does not store any connection between your personally identifiable data and the options you voted for.
10. Can I change my vote after it is submitted?
You will be able to review your selections in a vote confirmation page before you submit your vote, and at this stage you can go back to make any changes before submission. However, it is not possible to change your vote after submission.
11. How is the counting of votes performed?
Vote counting is done automatically by the BigPulse system, with results then made available to election officials. APNIC staff and appointed scrutineers are no longer involved in the counting process, and election results are not transmitted via any APNIC systems.
12. Who should I contact if I have any questions?
Please contact the APNIC Helpdesk.
1. What is a proxy?
Members may be represented by a proxy who may vote on their behalf.
2. Who can appoint a proxy?
Only Corporate Contacts can appoint a proxy.
3. How can I appoint a proxy in MyAPNIC?
Corporate Contacts can appoint a proxy online via MyAPNIC using two-factor authentication when proxy appointment is open. The online form in MyAPNIC is processed instantly once submitted.
4. Who can be appointed as a proxy?
Corporate Contacts can appoint any individual as their proxy. The appointed proxy does not need to be from the Member organization, but they must be registered to attend the AMM in person. The appointed proxy must present personal identification when collecting the online voting instructions from the Voting desk.
5. How do I find out if my proxy appointment has been processed?
Confirmation emails are sent to the appointed proxy and the Corporate Contact after the proxy appointment form is submitted via MyAPNIC.
6. Can I vote online and appoint a proxy?
No. Once a vote is submitted online, a proxy can no longer be appointed.
7. How many people can I appoint as my proxy?
Corporate Contacts can only appoint one proxy.
8. Who should I contact if I have any questions?
Please contact the APNIC Helpdesk.
Community consultation sessions
The EC held online community consultation sessions on 26 and 27 July 2023 where Members and the community could ask questions and provide feedback on the proposals. The session recordings are available below:
- Wednesday, 26 July 2023 11:00 (UTC +10)
Session Complete: Recording available - Thursday, 27 July 2023 16:30 (UTC +10)
Session Complete: Recording available
The recordings of these sessions must not be reproduced, published, edited, or redistributed without the prior written consent of APNIC.