On Tue, Jun 02, 2020 at 11:40:50AM +0000, Amr Elsadr ([log in to unmask]) wrote:

> What qualifies as a “vacancy”, as well as how it is to be
> filled is defined in Article 11.3(c) of the bylaws as follows:

> "A vacancy on the GNSO Council shall be deemed to exist in the case
> of the death, resignation, or removal of any member. Vacancies shall
> be filled for the unexpired term by the appropriate Nominating
> Committee or Stakeholder Group that selected the member holding the
> position before the vacancy occurred by giving the GNSO Secretariat
> written notice of its selection. Procedures for handling Stakeholder
> Group-appointed GNSO Council member vacancies, resignations, and
> removals are prescribed in the applicable Stakeholder Group
> Charter."

So the Stakeholder Group can fill the vacancy by any means, including
an election, if its Charter so provides. And if the SG chooses to
replace the person filling the vacancy before the term expires, it
would be rather strange it the second substitute would not get the
same doesn't-count-in-term-limit treatment as the first.

And I'm indeed quite sure this has been debated and decided exactly so
in some earlier case, although I'm not sure if the 5th year actually
took place.

-- 
Tapani Tarvainen