Sec. 6.11 The Independent Agent shall set aside a ballot if: (a) the ballot is received from a FINRA member eligible to vote based on the firm size classifications (Small Firm, Mid-Size Firm, or Large Firm) defined in these By-Laws and the ballot is signed by a person who is not the Executive Representative listed on the vote qualification list prepared under [Section 6.8], and the Secretary of the Corporation has not received proper notice of a change in Executive Representative pursuant to the FINRA By-Laws; or (b) two or more properly executed ballots are received from a FINRA member eligible to vote based on the firm size classifications (Small Firm, Mid-Size Firm, or Large Firm) defined in these By-Laws. If the Independent Agent determines that the ballots set aside are material to the outcome of the nomination, the Secretary of the Corporation and the Independent Agent shall make reasonable efforts to resolve each ballot set aside. With respect to a ballot not signed by an Executive Representative of record, the Secretary of the Corporation shall contact the FINRA member to request that the FINRA member send proper written notice of any change in Executive Representative by facsimile so that the ballot may be counted. With respect to multiple ballots from any FINRA member, the Independent Agent shall contact the Executive Representative of the FINRA member to obtain the FINRA member's vote. The Secretary of the Corporation shall keep a list of FINRA members that reported their ballot was lost or not received and that were provided with a duplicate ballot. The Secretary of the Corporation shall provide the list to the Independent Agent and, upon request, to the candidates.
