Division Delegate Nominations are Open

The 1999-2000 division delegates of the American Bar Association's Law Student Division will be elected by the Law Student Division Assembly during the division's Annual Meeting in Atlanta, Georgia, August 5-8, 1999. The delegates represent the division in the ABA House of Delegates and are voting members of the division's Board of Governors. Those voting will be ABA School Representatives and SBA Presidents. The postmark deadline for filing nomination forms is June 1, 1999.

The electoral process is governed by the division's bylaws, supplemented by procedures set forth by its Board of Governors. Candidates must register for and attend the annual meeting at their own expense or seek funds from nondivision sources (e.g., law school dean). The rules and procedures for the nomination and election of division delegates are set forth below. Note: Campaign activities are strictly limited. Additional information, if necessary, will be sent to candidates after the filing deadline.

Eligibility. Any law student attending an ABA-approved law school is eligible to run for division delegate. A candidate for office must be a member in good standing of the division and a student in good standing in law school (not on academic suspension or probation), who has not yet received a first degree in law and will be a law student during the 1999-2000 academic year.

Nomination procedure. Interested students should write to Sherry Gouwens, Staff Director, Law Student Division, American Bar Association, 750 N. Lake Shore Drive, Chicago, IL 60611, for a set of nomination forms. A candidate's nomination is completed by the timely filing of the following with the Chicago office:

• Notice of Intention: This form declares the student's candidacy for a particular office and states that the candidate has read and will observe the election rules and campaign restrictions.

• Dean's Certification: This form states that the dean of a candidate's law school has approved the candidacy and pledges support to the candidate upon election.

• Division Certification: A candidate must submit proof of membership-such as a photocopy of a membership card, a dues receipt or a copy of a canceled dues check (front and back)-in the Law Student Division.

• Statement of Candidacy: Each candidate shall enclose with the nomination forms a resume and a camera-ready, typewritten statement of candidacy. The resume and statement together must not exceed three 81/2x11 pages (one side of paper equals one page), which may be single-spaced. The candidate should state his or her qualifications, platform and ABA involvement in the statement. The three-page statement and resume will be printed and distributed to the members of the Assembly.

• Writing Sample: Strong writing skills are essential for division delegates, as they will write reports for the division's resolutions brought before the House of Delegates as well as other reports and letters to ABA sections, divisions and committees. Therefore, each candidate must submit a writing sample. The subject of the writing sample has been designated by the Executive Committee and reflects an issue under discussion within the ABA.

This year's writing sample will be on the following: Should law schools require pro bono hours as a requirement for graduation?

Evaluation process. The national officers and delegates will designate up to five candidates as "most qualified on written materials" based upon their writing samples. Any applicant not so designated shall remain eligible to seek the position of division delegate. Should a current division delegate seek re-election, the division chair will appoint a circuit governor to take his or her place for evaluating written materials. Each candidate should be prepared to present a five-minute speech to the division Assembly, which will be followed by small-group round-robin question-and-answer sessions. The Assembly will then elect the three division delegates, using proportional voting.

Filing deadline. All candidates must submit the nominating papers set forth above to the Chicago office postmarked no later than June 1, 1999. It is the candidate's responsibility to meet this deadline. No one will be considered a candidate for division delegate if the nominating papers are postmarked after the June 1 filing deadline. The materials must be sent by first-class certified mail, return receipt requested, or via a package delivery service to furnish clear proof of sending and receipt. No exceptions will be granted.

Division Committee on Nominations and Elections. The committee shall consist of a repre-sentative from each circuit appointed by the governor by June 15, 1999, and a chair appointed by the division chair. Should an appointee not attend the Annual Meeting, the governor from that circuit shall appoint a replacement within five days of the resignation of the initial appointee but, in any event, no later than the first meeting of the committee. The duties of the committee will include but will not be limited to verifying candidates' eligibilities; producing and distributing the ballots; supervising round-robin discussions; and counting votes and determining the winners.

Procedure after the filing of nominating papers. After the Chicago office has received all candidates' nominating papers, the Law Student Division's chair, board Elections Committee chair and staff director will begin the process of candidate certification. All candidates who have met the conditions of the nominations procedure will be considered nominees for division delegate. Anyone disqualified for any reason will be notified by the committee as soon as possible. Certified nominees will be informed around July 15, 1999.

Campaign restrictions. The following restrictions govern all nominees' campaigns and shall be strictly construed by the division's Committee on Nominations and Elections. A nominee may be disqualified for failing to comply with these procedures and the bylaws.

The only campaign materials permitted are the nominating papers filed with and distributed by the Chicago office staff and the official name tag supplied by the staff. Other campaign materials-including, but not limited to, badges and posters-are not permitted before or during the Annual Meeting. Nominees shall not spend any money on their campaigns, use WATS lines, write letters to board members, provide hospitality suites, organize parties or travel to other schools or to circuit meetings outside the candidate's own circuit before the Annual Meeting.

A nominee's supporters may not engage in any campaign activity prohibited to the nominee. Nominees are responsible for the activities of their supporters and may be disqualified as a result of actions undertaken on their behalf.

Furthermore, before the first day of the Annual Meeting, no nominee may contact any circuit governor, division representative or delegate other than those in his or her own circuit. This rule, however, and any other rule promulgated by the Committee on Nominations and Elections with regard to candidacy for national office, shall not be interpreted to prevent noncampaign-oriented communication initiated in the normal course of official division duties.

The committee shall have the authority to determine whether the primary effect and intent of such communication is within the normal course of official duty. The nominee shall supply the Chicago staff and the committee with copies of all correspondence to division members outside the nominee's circuit. The decision of the committee will be final.

The committee, on its own motion or at the written request of any voter or nominee, shall promptly decide any question arising under these rules or otherwise relating to the election, including a complaint that a nominee has broken these rules or otherwise engaged in an unfair campaign practice. The division chair or a designee shall give timely notice to any nominee who is liable to be so disqualified, who may personally appear before the committee and confront any evidence against the nominee. Any such proceeding shall be private and confidential, unless the nominee waives the right to privacy and confidentiality. The committee shall, on the basis of clear and convincing evidence, disqualify any nominee who has broken these rules or otherwise engaged in any unfair campaign practice.

The chair may, on his own motion or on appeal by a nominee, review any decision of the committee. Any interested nominee who does not immediately appeal such a decision shall have waived the right to appeal. The chair shall affirm the decision, or shall advise the committee how to cure any error in the election or directly provide for any such error to be cured.

The chair shall report his ruling to the Executive Committee and the division delegates promptly, and to the board as soon after the ruling as it assembles. Any interested nominee may then appeal the chair's ruling, in which case the board may review and modify the ruling until that meeting adjourns, but not thereafter. The chair's ruling (as modified, if modified) shall be final with regard to the election in question.