Election Procedure

(Amended February 18, 2005)

Section 1. Voting Eligibility. Members of the Executive Committee are elected by all New England Law Review members in good standing.


Section 2. Time of Election. The election shall occur during the spring semester of each year, and a new Executive Committee shall be elected no later than March 15.


Section 3. Qualifications for Office. Only those members who ultimately produce an article of publishable quality and have completed all other requirements of associate membership are eligible to accept office. In the event that a candidate is elected but does not produce an article of publishable quality, the candidate with the next highest number of votes who has produced an article of publishable quality will assume the position.


Section 4. Resumes and Position Statements. At a date set by the Executive Committee, but no later than one week prior to the date set for the election, all candidates must submit a resume and position statement to the incumbent Editor-in-Chief. The resume and position statement shall be made available to all members entitled to vote under this Article.


Section 5. Candidates’ Meeting. The incumbent Executive Committee shall conduct a pre-election meeting at which time each candidate shall make a short statement in support of his or her candidacy. The order of speaking shall be determined by lottery. Members of the New England Law Review may ask questions of each candidate concerning his or her qualifications.


Section 6. Election Procedure.
(a) In the event that there are four or more candidates for a position, there shall be a primary election (Primary Election) immediately following the Candidate’s Meeting to determine three final election candidates (Three Final Candidates). Each member entitled to vote and at the Candidate’s meeting may exercise his or her vote for the different candidates.
(b) During the Primary Election, if more than two final candidates emerge by virtue of a tie, those tied shall continue to participate in run-off elections until such time as Three Final Candidates have been selected for the final election (Final Election).
(c) The Final Election shall be held within two (2) school days of the Primary Election. The Three Final Candidates with the highest number of votes in the Primary Election shall be entered in the Final Election.


Section 7. Administration of Election. The Executive Committee shall administer the Final Election. To administer the Final Election, the Executive Committee will:
(a) set the time and place for the Candidates’ Meeting;
(b) post written notice of time and place for casting votes;
(c) appoint a New England School of Law administrator to tabulate the votes (the “Appointee”);
(d) the Appointee shall count the votes, not in the presence of any member of the New England Law Review, when:
(i) all votes have been cast; or
(ii) within a reasonable time after the polls are closed, whichever occurs first.
(e) the Appointee shall post a written notice indicating the winner(s) of each election after he or she has received permission from the Editor-in-Chief.


Section 8. Contesting Election. Any member of New England Law Review may contest the election on the ground that the procedure prescribed by these By-laws has not been followed.
(a) The results of an election will not be posted until the Editor-in-Chief has indicated to the Appointee that there has been no contest to the election;
(b) A contested election will be void and a new election shall be ordered after:
(i) the Executive Committee examines all evidence of an alleged violation of the election procedure, and
(ii) a majority of the Executive Committee members conclude that election procedure has been violated.
(c) If there results are contested after they have been posted, the current Editor-in-Chief, the Appointee, and the Faculty Advisor shall decide the controversy pursuant to a majority vote.


Section 9. Membership Status and Duties of Executive Committee-Elect. The members of the Executive Committee-elect shall assume the status of editors by virtue of their election to office.
(a) Apprenticeship of Executive Committee-Elect. After the elections, the Executive Committee-elect shall serve as apprentices to the incumbent Executive Committee to learn the responsibilities and duties of their respective positions.
(b) Within a reasonable time following the election, but no later than three weeks before the last day of classes, the Executive Committee-elect shall appoint full staff members, with the advice of, and in consultation with, the incumbent Executive Committee, to serve in the following editorial offices:
(i) Article Editors
(ii) Executive Literary Editors
(iii) Executive Comment & Note Editors
(iv) Comment & Note Editors
(v) Technical Editors
(vi) Symposium Editors
(c) Notice must be given to all full staff members. Such notice to include a description of the editorial office and the opportunity for interested full staff members to apply for said editorial office.
(d) Additional Editorial Offices. The Executive Committee-elect is authorized to appoint editors to such other editorial offices as they deem reasonably necessary for the good of the New England Law Review once the incumbent committee graduates. Notice must be given to all full editors. Such notice to include a description of the editorial office and the opportunity for interested editors to apply for said additional editorial office.
(e) Apprenticeship of New Editorial Officers. After appointments, all editorial office appointees shall serve as apprentices to the incumbents to learn the responsibilities and duties of their respective positions. However, the responsibility for publishing the current volume of the New England Law Review shall rest with the incumbent Executive Committee and incumbent editors.
(f) Alteration of Editorial Offices. The Executive Committee is further authorized to:
(i) remove any editor appointed to any office;
(ii) increase or decrease the size of any editorial office;
(iii) fill any and all vacancies which arise in the course of their administration;
(iv) eliminate any editorial office, provided such action is founded on a good faith determination that it is in the best interest of the New England Law Review.
(g) Grievance Procedure. Any member aggrieved by any action hereunder is expressly authorized to initiate a review through the procedure outlined in Chapter V, consisting only of members of the incoming editorial board and Executive Committee-elect.