Print-ready PDF versions of the Student Body Statutes

Chapter 7 Contents

Article 1. Elections Procedure
Article 2. Board of Elections
Article 3. Violations & Appeals

Article 4. Campaign Regulations
Article 5. Referenda
Article 6. Elections Packet

CHAPTER 7.

Elections.

Article 1. Elections Procedure.

Contents

§7-1.1. Definitions and Conventions.

§7-1.2. Spring General Election.
§7-1.3. Spring General Election Timeline.
§7-1.4. Fall General Election.
§7-1.5. Fall General Election Timeline.
§7-1.6. Special Elections.
§7-1.7. Special Election Timeline.
§7-1.8. Exceptions for Special Elections.

§7-1.9. Basic Qualifications for Office.
§7-1.10. Qualifications for Student Body President Candidates.
§7-1.11. Qualifications for Student Senate President Candidates.
§7-1.12. Qualifications for Student Body Treasurer Candidates.
§7-1.13. Qualifications for Student Body Chief Justice Candidates.
§7-1.14. Qualifications for Student Senator Candidates.
§7-1.15. Qualifications for Union President Candidates.
§7-1.16. Qualifications for Senior Class President.

§7-1.17. Filing for Office.
§7-1.18. Online Intent-to-run Form.
§7-1.19. Filing Timelines.
§7-1.20. Multiple Filings.
§7-1.21. Withdrawal From Candidacy.

§7-1.22. Ballot Specificity.
§7-1.23. Electronic Polling.
§7-1.24. Electronic Ballot.
§7-1.25. Provisional Ballot.
§7-1.26. Write-in Votes.
§7-1.27. Supervised Polling Locations.
§7-1.28. Voter Eligibility.

§7-1.29. Single Seat Winners.
§7-1.30. Multiple Seat Winners.
§7-1.31. Write-in Winners.
§7-1.32. Run-off Election.

§7-1.1. Definitions and Conventions.

Within this chapter, the following definitions and conventions shall apply:

  1. “Elections Commission” and “Commission” refer to the Student Body Commission on Elections.
  2. “Board of Elections” refers to the entire agency for elections, the sum of the Elections Commission and its assistants.
  3. “Books open” and “Books close” refer to the beginning and end of the candidacy filing period, respectively.
  4. The term "Candidate" shall refer to any individual who has filed document(s) for candidacy for election or has otherwise agreed to appear on the ballot. Unqualified candidates shall be considered candidates until such time as the Commission has ruled affirming their ineligibility.
  5. “Campaigning” refers to actions in support of a candidate, such as the distribution of literature and posting of materials. Wearing campaign material shall not be considered “Campaigning” unless accompanied by the delivery of oral or written campaign information.
  6. “Supporters” and “Staff” refer to any students who work to assist a candidate in the activities of campaigning.
  7. “Contributor” refers to any student who has donated time, talent, or money to candidate’s campaign.
  8. “Campaign” refers to a candidate’s organization of staff and supporters that seeks to encourage his or her election.
  9. “Class Day” refers to any weekday on which the University holds classes.
  10. “Elections Cycle” refers the period from the opening of elections books to the certification of results of a conclusive general or run-off election.
  11. “General Election” refers to the initial election of and elections cycle, as opposed to a run-off election.
  12. “Spring General Election” refers to both the general and run-off elections of the regular election occurring in the spring.

Part I. Occurrence and Timelines of Elections.

§7-1.2. Spring General Election.

There shall be an election occurring each April, to be known as the Spring General Election. At this election, in addition to special races added by the Senate, the members of Student Body, subject to voting eligibility, shall vote upon:

  1. the election of a Student Body President, Student Senate President, Student Body Treasurer, and Student Body Chief Justice;
  2. the election of Student Senators, except those Senators selected in the fall per SBS §2-3.7;
  3. any properly pending Student Body Referenda;
  4. the election of a Union President and at-large members of the Union Board of Directors;
  5. the election of a Senior Class President;
  6. the election of at-large members of the Student Media Authority; and
  7. any elective races or referenda of College Councils granted ballot space by either the Elections Commission or the Student Senate.

§7-1.3. Spring General Election Timeline.

  1. Books open: At least 12 class days prior to the All Candidates Meeting.
  2. Books close: 2 days prior to the All Candidates Meeting.
  3. All Candidates Meeting: Wednesday prior to Spring Break.
  4. General Elections: First Monday and Tuesday in April.
  5. Run-Off Elections: Monday and Tuesday one week after the General Elections.

§7-1.4. Fall General Election.

There shall be an election occurring each September, to be known as the Fall General Election. At this election, in addition to special races added by the Senate, the members of Student Body, subject to voting eligibility, shall vote upon the election of Student Senators selected in the fall per SBS §2-3.8.

§7-1.5. Fall General Election Timeline.

  1. Books open: At least 10 days prior to the All Candidates Meeting.
  2. Books close: 1 day prior to the All Candidates Meeting.
  3. All Candidates Meeting: Third Class Wednesday of the Fall Semester.
  4. General Elections: Second Monday and Tuesday following the All-Candidates Meeting.
  5. Run-Off Elections: Monday and Tuesday one week after the General Elections.

§7-1.6. Special Elections.

Special Elections shall be ordered only by the Student Senate via Senate Resolution. When ordering a special election, the Student Senate shall have the authority to designate the following:

  1. The date polls open;
  2. The size of the Elections Commission to be appointed in addition to the chair;
  3. The number and locations of supervised polling facilities and their hours of operation;
  4. The questions to be placed on the ballot, consistent with statutes on qualifications; and
  5. If needed for the races on the ballot, the time and length of a filing period of at least four (4) class days.

§7-1.7. Special Election Timeline.

  1. General Elections: Two consecutive weekdays, per Senate order.
  2. Run-Off Elections: Two consecutive weekdays one week following the general election.

§7-1.8. Exceptions for Special Elections.

In addition to the special powers of the Senate of SBS §7-1.6, the following exceptions shall apply to special elections:

  1. The Commission Chair shall be appointed twelve (12) class days prior to his or her first official duty regarding the special election, subject to simple majority confirmation by the Senate at a single meeting.
  2. The Student Body President may make appointments to Board of Elections positions for a term of the same duration as the special election;
  3. The Commission shall have discretion when and if to hold an All Candidates Meeting, provided that it is announced at the start of filing.

Part II. Qualifications for Candidacy.

§7-1.9. Basic Qualifications for Office.

All candidates for any elective position must be students in good standing with the University, as defined by SBS §1-1.1(d). No student barred from service per SBS §2-2 shall be eligible to seek a Student Government position.

§7-1.10. Qualifications for Student Body President Candidates.

Candidates for Student Body President shall be required to have no qualifications beyond the basic qualifications for office.

§7-1.11. Qualifications for Student Senate President Candidates.

Candidates shall have served at least a majority of the scheduled Student Senate meetings in any given year by the close of filing.

§7-1.12. Qualifications for Student Body Treasurer Candidates.

Candidates for Student Body Treasurer will be required to meet the basic qualifications for office and in addition will meet at least one of the following further qualifications:

  1. The candidate will have served at least a majority of the scheduled Student Senate meetings in any given year by the close of filing.
  2. The candidate will have served as a department level official in the Department of the Treasury.

§7-1.13. Qualifications for Student Body Chief Justice Candidates.

Candidates must have served at least two full semesters as a Judicial Assistant to be complete by the close of filing.

§7-1.14. Qualifications for Student Senator Candidates.

Candidates must be currently enrolled in the School or College from which they seek election. Candidates shall run for the their current classification, unless they are a Freshman, Sophomore, or Junior, in which case they shall run one classification greater than their current classification. However, a candidate may run in a college different from that in which they are currently enrolled if they can show by written University documentation that they will be in that college next academic year. For the purposes of first-year Senate seats, a student shall be considered first-year if they enrolled in the University after the date of the immediate previous Fall General Election.

§7-1.15. Qualifications for Union President Candidates.

Candidates for Union President must be certified as candidates by the Union Board of Directors.

§7-1.16. Qualifications for Senior Class President.

Candidates for Senior Class President shall be required to have projected Senior status for the next academic year. In addition, candidates must meet with the Director of Constituency Programs of the NC State Alumni Association prior to the last day of filing. To be considered qualified, the candidate must furnish the Commission with written notice from The Director of Constituency Programs that such a meeting has occurred with his or her intent-to-run form.

Part III. Filing for Office.

§7-1.17. Filing for Office.

A student desiring to become a candidate shall file an intent-to-run form to declare candidacy for a particular race. Each candidate is responsible for seeing that his/her own filing is carried out completely and correctly.

§7-1.18. Online Intent-to-run Form.

There shall be an online, electronically submitable, intent-to-run form, requesting the same information as the paper version, with the exception of the Student ID Number. Students submitting the form online shall sign the waiver contained on the paper version at either the all candidates meeting or at their all candidates meeting absence excuse hearing. The online intent-to-run form shall not be applicable to Student Body wide elective races or to the Senior Class President race.

§7-1.19. Filing Timelines.

  1. In the case of the Spring General Election, the Board of Elections shall begin accepting filings for office no later than twelve (12) class days prior to the All Candidates Meeting, and stop accepting filings two (2) days prior to All Candidates Meeting, at 5:00 PM.
  2. In the case of the Fall General Election, the Board of Elections shall begin accepting filings for office no later than ten (10) class days prior to the All Candidates Meeting, and stop accepting filings one (1) day prior to All Candidates Meeting, at 5:00 PM.

§7-1.20. Multiple Filings.

Students shall be permitted to seek any number of elective positions, provided that they would be permitted to serve simultaneously in all position sought if elected to all.

§7-1.21. Withdrawal From Candidacy.

Any Candidate may file a written petition with the Board of Elections to withdraw from candidacy. Such a petition must be filed by 5:00 PM the Wednesday prior to the election to provide the Commission time to authenticate the petition prior to the finalization of the ballot. All such petitions shall be granted unless the Commission finds that granting it would substantially impair a fair election.

Part IV. Ballots and Polling.

§7-1.22. Ballot Specificity.

All ballots shall be designed to be specific to both college and classification. Ballots shall be further specific to departments, as necessary for elective races added to an election per SBS §§7-1.2 et seq.

§7-1.23. Electronic Polling.

There shall be electronic polling accessible through the Student Government webpage, which shall open no later than 8:00 AM the first day of elections and shall remain open continuously until the end of the second day of elections.

§7-1.24. Electronic Ballot.

The electronic ballot delivered to the voter shall contain all races they are eligible to cast votes in. The order of the list of candidates for each race shall be randomized for each voter.

§7-1.25. Provisional Ballot.

If a student is barred from accessing his or her correct ballot by a technical issue, he or she may request a paper provisional ballot. This provisional ballot shall include all races for which the voter is eligible to cast votes in, and shall be sealed in an envelope along with a card indicating the voter’s name, email, phone, student id number, and unity userid. The Commission shall tabulate the provisional ballot into the results after the close of elections as long as there is no record of the voter voting electronically and no indication that technical issue which the voter raised was spurious. It shall be considered fraudulent to file or encourage the filing of Provisional Ballots for the purpose of frustrating the elective process.

§7-1.26. Write-in Votes.

All general election ballots shall include for each elective office a number of write-in slots equal in number to the seats available for the office, unless the office is of a nature requiring external pre-approval of candidates.

§7-1.27. Supervised Polling Locations.

The Board of Elections shall provide at least two (2) locations at which students may receive assistance filing their electronic ballot or request a provisional ballot. The minimum two supervised polling locations shall be open at least a collective total of eighteen (18) hours during the course of elections.

§7-1.28. Voter Eligibility.

In general, a voter shall be eligible to vote in races in which he or she has the correct standing and enrollment to run. For college or school specific races, the voter shall be allowed to vote in the College of their current primary enrollment. For class specific races, the voter shall be allowed to vote in the class he or she is currently in, unless he or she is a Freshman, Sophomore, or Junior, in which case the voter shall vote in one class greater than their current classification. For department specific races, the voter shall be allowed to vote in the department of primary residence, as defined by the university’s electronic records, of his or her first major.

Part V. Determination of Winners.

§7-1.29. Single Seat Winners.

For any race in which only one position is available, the winner shall be the candidate who receives a simple majority (greater than 50%) of the votes casts. In the event that no candidate receives a majority of the vote, a run-off election shall be conducted. The top two candidates will be in the run-off. If there is a tie for the second seat, all three candidates will be in the run-off.

§7-1.30. Multiple Seat Winners.

For any race in which more than one seat is available, the top candidates will receive a seat until all the available seats are filled. There will be a run-off only if there is a tie for the last seat.

§7-1.31. Write-in Winners.

In order to be elected by write-in, a student must meet all qualifications for the office in question. Additionally, the student must receive either five (5) votes or votes from five percent (5%) of those voting in the particular race, whichever is less, to be eligible for election. No write-in candidate shall be included in a run-off election without express consent of the candidate.

§7-1.32. Run-off Election.

In event that a run-off election is necessary, it shall be conducted under the same regulations as the preceding general elections, unless these statutes provide otherwise.

Article 2. Board of Elections.

Contents

§7-2.1. Convention Concerning Confirmation.

§7-2.2. Elections Commission.
§7-2.3. Composition.
§7-2.4. Term of Commissioners.
§7-2.5. Commission Officers.
§7-2.6. Commission Meetings.
§7-2.7. Parliamentary Authority.
§7-2.8. Deliberative Duties of Commission.

§7-2.9. Appointment of the Chair of the Commission.
§7-2.10. Duties of the Chair of the Commission.
§7-2.11. Vacation of the Office of Chair of the Commission.
§7-2.12. Vice-Chair of the Commission.
§7-2.13. Commission Secretary.
§7-2.14. Publicity Director.
§7-2.15. Elections Assistants.
§7-2.16. Elections Technical Personnel.
§7-2.17. Elections Webmaster.
§7-2.18. External Liaisons.
§7-2.19. Qualifications for Elections Assistants.

§7-2.20. Term of Elections Assistants.
§7-2.21. Official Status of Elections Assistants.

§7-2.22. Validation of Candidacy.
§7-2.23. Basic Publicity.
§7-2.24. Voter Guide.
§7-2.25. Candidate Debates.
§7-2.26. Elections Website.
§7-2.27. All Candidates Meeting.
§7-2.28. Equipment Audit.
§7-2.29. Test of Voting System.
§7-2.30. Poll Maintenance.
§7-2.31. Unity Lab Campaign Material.

§7-2.32. Result Tabulation and Posting.
§7-2.33. Preservation of Records.
§7-2.34. Certification of Results.
§7-2.35. Filling of Results.

§7-2.1. Convention Concerning Confirmation.

Within this article, unless otherwise specified, “confirmation” refers to the simple majority confirmation of the Student Senate.

Part I. Elections Commission.

§7-2.2. Elections Commission.

The Elections Commission shall have the basic duty to ensure a fair and appropriate Student Body Election. The Commission shall be comprised of a chair (SBS §7-2.8) and eight (8) commissioners, who shall be students appointed by the Student Body President at least four (4) weeks prior to the date of elections books opening, subject to the simple majority confirmation of the Senate.

§7-2.3. Composition.

As best possible members of the Elections Commission shall be of a variety of backgrounds and experiences. Specifically, no more than two (2) members of the Elections Commission can be concurrently serving in any particular branch of Student Government. Commissioners shall be considered Student Government Officials, but shall be exempt from the dual-office holding ban of SBS §1-3. Members of the Commission shall not be:

  1. Candidates for Elected Office;
  2. Staff Members of a Campaign;
  3. Supporters of a Candidate;
  4. Contributors to a Candidate or Campaign;
  5. Members of the Senate Standing Committee on Government Operations;
  6. The Student Body Chief Justice or one of his or her Assistants, nor be applicants to one of those positions for the next year;
  7. Sponsors of Referenda to be presented for vote.

§7-2.4. Term of Commissioners.

The terms of Elections Commissioners shall begin on the effective date of confirmation and last until the date of Spring Commencement.

§7-2.5. Commission Officers.

At its first meeting, and whenever the offices might be vacant, the Elections Commission shall elect from its own membership a Vice-chair, Secretary and Publicity Director, with duties as prescribed by these statutes.

§7-2.6. Commission Meetings.

The Commission shall meet at the call of the chair or majority vote of the Commission. All Commission meetings must be publicly announced at least twenty-four (24) hours prior to the meeting. Quorum of the Commission shall be a simple majority. Unless provided for otherwise by these statutes, all meetings of the Commission shall be open to the public.

§7-2.7. Parliamentary Authority.

In such cases in which no applicable rule exists in these statutes, the rules contained within The Standard Code of Parliamentary Procedure shall govern the procedure of the commission.

§7-2.8. Deliberative Duties of Commission.

In addition to other duties specified in these Statutes, the Elections Commission shall, as a deliberative body:

  1. Hear all allegations that a candidate or candidates have violated campaign rules;
  2. Provide a governing interpretation of the regulations of this chapter upon request of any candidate, campaign, or Student Government Official;
  3. Remove unqualified candidates from the ballot once verifying of the lack of qualification;
  4. Certify petitions for Student Body Referenda;
  5. Grant or deny ballot access to College Councils not inconsistent with Senate decisions on the same access;
  6. Adopt a budget of funds appropriated to the Board of Elections;
  7. Hear appeals of an election;
  8. Certify the elections results.

Part II. Commission Officers.

§7-2.9. Appointment of the Chair of the Commission.

The Chair of the Elections Commission shall be considered a Student Government Official. The Student Body President shall appoint the Chair at least six (6) weeks prior to the date of elections books opening, subject to the simple majority confirmation of the Senate. Such an appointment shall not be confirmed at the meeting at which the appointment is announced. In addition to any specific requirements, the Chair of the Commission shall meet all requirements for service as Commissioner, as listed in SBS §7-2.3.

§7-2.10. Duties of the Chair of the Commission.

In addition to other duties specified in these Statutes the Commission Chair shall specifically:

  1. Coordinate the activities of the Board of Elections;
  2. File a report on the activities of the Board of Elections to the Senate at least once every five (5) class days during an election cycle and every fifteen (15) class days when no election cycle is in progress;
  3. Remove Elections Assistants for cause provided that reasons for such action are reported to the Senate; and
  4. Submit to the Senate Standing Committee on Government Operations, upon the conclusion of an election cycle, a report on any procedural difficulties or recommendation for improvement to these statutes.

§7-2.11. Vacation of the Office of Chair of the Commission.

In the event that the office of Chair becomes vacant prior to the end of its term, the office shall be filled as follows:

  1. The Student Body President shall appoint a replacement Chair per §7-2.8, when no elections cycle is in progress;
  2. The Student Body President shall appoint a replacement Chair from the confirmed Commissioners without consent of the Senate if an elections cycle is in progress; and
  3. The Student Body President shall appoint a replacement within one (1) week of the vacation with the majority consent of the Senate when neither part (a) nor part (b) of this statute can possibly be applied.

§7-2.12. Vice-Chair of the Commission.

The Vice-chair of the Elections Commission shall execute the duties of the Chair of the Elections Commission whenever he or she is unable to do so.

§7-2.13. Commission Secretary.

The Commission Secretary shall maintain accurate records of the actions of the Commission.

§7-2.14. Publicity Director.

The Commission Publicity Director shall be responsible for coordinating all publicity efforts by the Board of Elections.

§7-2.15. Elections Assistants.

The Chair of the Commission shall appoint, without confirmation of the Senate, any number of Elections Assistants to perform minor or supervised duties.

§7-2.16. Elections Technical Personnel.

The Student Body President shall appoint two (2) students with suitable background in UNIX server administration by the date books open for the General Election. These students shall be considered Elections Assistants and shall be responsible for:

  1. Maintenance and setup of the Student Government Election Server and related programs and systems;
  2. Access to the computing environment of the Student Government Election Server;
  3. Provide a written report to the Senate at the conclusion of the Election Cycle on any technical problems which occurred.

§7-2.17. Elections Webmaster.

The Chair of the Commission shall name an Elections Webmaster, who may be either a Commissioner or an Elections Assistant. The Elections Webmaster shall be responsible for ensuring the Elections Website is up-to-date and contains all information required by these statutes.

§7-2.18. External Liaisons.

The Chair of the Commission shall name an external liaison to each non-Student Government group using the elections ballot. An External Liaison may be either a Commissioner or an Elections Assistant. The External Liaisons shall be responsible for ensuring timely and accurate communication between the Board of Elections and the external group, and shall specifically encourage, when appropriate, involvement of the external group in filing and polling publicity.

§7-2.19. Qualifications for Elections Assistants.

Elections Assistants shall not be:

  1. Candidates for Elected Office;
  2. Staff Members of a Campaign;
  3. Supporters of a Candidate;
  4. Contributors to a Candidate or Campaign;
  5. Members of the Senate Standing Committee on Government Operations;
  6. The Student Body Chief Justice or one of his or her Assistants;
  7. Sponsors of Referenda to be presented for vote.

§7-2.20. Term of Elections Assistants.

The term of the Elections Assistants shall begin on the effective date of appointment or confirmation and lasts until the date of Spring Commencement.

§7-2.21. Official Status of Elections Assistants.

Elections Assistants shall be considered Student Government Officials, but shall be exempt from the dual office-holding ban of SBS §1-3.

Part III. Operational Duties.

§7-2.22. Validation of Candidacy.

The Chair of the Commission shall validate that student seeking candidacy meets all qualifications for such candidacy. Validation includes checking the potential candidate’s Academic and Judicial Standing, in addition to verifying all position specific candidacy qualifications, with the assistance of appropriate University Officials. Should the Chair find evidence that an individual is unqualified the Elections Commission shall review the ineligibility per SBS (§7-2.7).

§7-2.23. Basic Publicity.

The Board of Elections shall publicize such that all members of the Student Body have a reasonable opportunity to be aware of the elections, the timeline for filing for office, and the manner and time of voting. The Commission shall request the assistance of the Wolf Aide Program.

§7-2.24. Voter Guide.

The Commission shall produce both a printed and electronic uniform voter guide for all Constitutionally specified offices.

§7-2.25. Candidate Debates.

The Commission shall coordinate, in conjunction with interested Student Media, any debates among candidates for office.

§7-2.26. Elections Website.

The Board of Elections shall maintain an elections website on space provided by the Division of Web Development. The website shall include, at minimum, these Statutes, the current Elections Packet (SBS §7-6.1), links to on-line voting, list of candidates, the Voter Guide, any rulings and minutes of the Elections Commission, and elections results, once available.

§7-2.27. All Candidates Meeting.

The Commission shall organize and run the All Candidates Meeting at which they shall provide information to candidates concerning elections as well as answering any questions of candidates or members of the Student Body. Any candidate who fails to attend the meeting or send an alternate shall be removed from the ballot unless the candidate can show suitable excuse for the absence to the commission.

§7-2.28. Equipment Audit.

The Board of Elections shall conduct an audit of all voting equipment and technologies, and report any problems that could hinder the election to the Senate Committees on Finance and Government Operations no later than the last Friday in February.

§7-2.29. Test of Voting System.

The Board of Elections shall conduct at least one public 24-hour test of the electronic voting system prior to opening of polls. A test shall be conducted the Thursday prior to opening of polls with the final ballot in place. The Commission shall actively request factual comments regarding the security of the voting system.

§7-2.30. Poll Maintenance.

The Commission shall oversee all supervised polling locations, including clearly and uniformly marking their location and removing all campaign materials within fifty feet (50’) of the location.

§7-2.31. Unity Lab Campaign Material.

The commission shall remove all campaign materials in the unity labs on the day of the elections.

Part IV. Tabulation and Certification.

§7-2.32. Result Tabulation and Posting.

The Commission shall make a draft tabulation of elections results no later than 24 hours after the conclusion of elections. This includes both electronic returns as well as provisional ballots. The results shall be posted once they have been certified by the Elections Commission.

§7-2.33. Preservation of Records.

The Commission shall provide for the safekeeping of all records from the election and shall forward results and other important records in a permanent medium to the University Archives.

§7-2.34. Certification of Results.

  1. After initial tabulation, the Commission shall certify the results of a particular elective race in a permanent fashion, within twenty-four (24) hours, provided that the Commission deems the results complete and that all appeals affecting the race have been exhausted. Multiple races may be certified en masse. Should the Commission deem the results to be incomplete, it shall re-tabulate the results and review them again within thirty-six (36) hours. Review and certification must take place in a duly called public meeting.
  2. Complete results include the total ballots cast, the number of votes cast on each candidate or choice printed on the ballot, and a complete list of all write-in votes for individuals passing the write-in minimum. A comprehensive list of write-in votes for any race shall be prepared for reference.

§7-2.35. Filling of Results.

Four original copies of certified results shall be prepared, one to be sent to each of the following: (i) the Student Body President, (ii) the Student Senate Historian, (iii) the University Archives, and (iv) the Division of Student Affairs.

Article 3. Violations and Appeals.

Contents

§7-3.1. Violation Defined.
§7-3.2. Time Scope of Enforcement.
§7-3.3. Pre-candidacy Violations.

§7-3.4. Reporting Alleged Violations.
§7-3.5. Violation Hearing.
§7-3.6. Notifications.
§7-3.7. Warnings.
§7-3.8. Direct Disqualification.
§7-3.9. Disqualification Hearing.
§7-3.10. Violation Decision Announcements.
§7-3.11. Appeals of Violation Decisions.
§7-3.12. Re-hearing of Warnings.

§7-3.13. Review of Commission Acts and Decisions.
§7-3.14. Review Hearing.

§7-3.15. Appeals of an Election.
§7-3.16. Hearing of Elections Appeals.
§7-3.17. Relief for Sustained Appeals.

§7-3.18. Requirements for Judicial Appeal.
§7-3.19. Filing of Judicial Appeal.
§7-3.20. Judicial Hearing.

§7-3.1. Violation Defined.

Within this article, “Violation” refers a violation by a candidate or campaign of the guidelines for campaigning.

§7-3.2. Time Scope of Enforcement.

The Commission shall have authority to impose penalty on a Candidate from the time they file for office until the time they are either defeated at the polls or are sworn into office. Severe breeches of regulation by a candidate in the course of an election shall remain just cause for impeachment for the duration of the student's service in Student Government.

§7-3.3. Pre-candidacy Violations.

The Commission shall be empowered to impose penalty on candidates, after declaration of candidacy, for violations occurring prior to declaration of candidacy, provided that the Commission finds reasonable evidence the violation occurred in the course of supporting the future candidacy and provided that the violation occurred in the semester in which the election occurs.

Part I. Violations.

§7-3.4. Reporting Alleged Violations.

All reports of violations shall be submitted in writing to the Student Government Office no later than one (1) full class day after the violation allegedly occurred. The report must include the time, date and location of the alleged violation and must bear the name, email, and phone number of the person reporting the alleged violation.

§7-3.5. Violation Hearing.

The accused candidate shall be notified at least twenty-four (24) hours in advance of a Commission meeting at which his or her alleged violation will be heard. The hearing may be conducted in absentia, but the accused may send a representative to act on his or her behalf. Both the accuser and the accused will have an opportunity to present their side. By simple majority vote, the Commission may impose either a notification or warning, or may order a disqualification hearing. All penalties are cumulative over the course of candidacy.

§7-3.6. Notifications.

Notifications will be issued for minor violations, including violations where a good faith effort was made to adhere to the campaign regulations and it is determined that the regulation was broken unintentionally. A candidate may receive an unlimited number of notifications during a campaign; however, a pattern of abuse shall be grounds for further action.

§7-3.7. Warnings.

Warnings will be issued for significant or blatant violations. A candidate may receive an unlimited number of warnings; however, upon the issue of each third warning, the Chair of the Commission shall schedule a disqualification hearing.

§7-3.8. Direct Disqualification.

Candidates will be disqualified directly, i.e. without issuance of three warnings, for only for blatant disregard of the campaign regulations or malicious tampering with voting equipment. Disqualified candidates are not eligible to be appointed to any elected Student Government office. If at a violation hearing the Commission finds that disqualification may be warranted, the Chair of the Commission shall schedule a disqualification hearing.

§7-3.9. Disqualification Hearing.

A disqualification hearing before the Commission shall begin with a period in which the accuser may present his or her allegations and answer questions of the Commission and the accused. The accused may then present a defense and answer questions of the Commission. The candidate shall have the right to know who his or her accuser is. Following arguments and questioning, the Commission shall deliberate on the disqualification. Disqualification hearings shall be conducted in absentia only if the Commission rules the candidate is absent to deliberately frustrate process. A majority vote of the entire statutory membership of the Commission is required to disqualify a candidate.

§7-3.10. Violation Decision Announcements.

The Commission’s decision on an alleged violation becomes public immediately following the decision. Violations shall be posted in the window of the Student Government Office and on the elections website no later than 8:00 am the day following the Commission’s decision. Candidates shall be notified of the decision via email prior to its posting.

§7-3.11. Appeals of Violation Decisions.

  1. Notifications are not subject to appeal;
  2. Warnings may be appealed to the Commission for re-hearing;
  3. Disqualification may be appealed a judicial panel per §7-3.13.

§7-3.12. Re-hearing of Warnings.

Should a candidate receiving a warning believe the Commission acted without all pertinent information, he or she may petition for re-hearing of the warning by the Commission. Such a petition must state what additional information is to be presented. Upon receipt of such a petition, the Chair of the Commission shall schedule a re-hearing. The re-hearing shall be conducted under the same procedure as the initial hearing, except that it shall be conducted in absentia only if the Commission rules the candidate is absent to deliberately frustrate process.

Part II. Decision Review.

§7-3.13. Review of Commission Acts and Decisions.

Any member of the Student Body may file an allegation with the Commission that it or any member of the Board of Elections acted contrary to these statutes. Such an allegation must be filed in a timely manner, and must include the name, phone, and email of the petitioner and the exact details of what is alleged to have happened. Review requests may not be filed on decisions involving violations, other decision reviews, or appeals of the election.

§7-3.14. Review Hearing.

The Commission shall conduct a hearing on any review request filed. The petitioner and the official alleged to have acted improperly shall be notified of the hearing at least twenty-four (24) hours in advance. Both the petitioner and the official shall be permitted to present their stance, and then shall answer questions of the commission. In the event the petition involves a decision by the entire commission, the hearing shall consist simply of the petitioner’s presentation of his or her stance. By majority vote, the commission may either overturn the decision or instruct corrective action.

Part III. Elections Appeals.

§7-3.15. Appeals of an Election.

Any appeal of an election or specific races of an election must be submitted in writing to the Commission by 5:00PM the day after close of polls. An appeal must include the name and the phone number of the person submitting the appeal and should detail what occurred which caused an inaccurate election result.

§7-3.16. Hearing of Elections Appeals.

The Elections Commission shall meet the night following the day polls closed to hear any filed appeals of the election. Such a public hearing shall begin with the presentation of the appeal by the appellate, followed by any testimony from knowledgeable parties the Commission elects to hear. The Commission shall then deliberate, before taking a recorded vote on the question of sustaining the appeal. The Commission shall sustain no appeal that would require a relief in conflict with student body law. At any time prior to a final decision, the appellant may withdraw the appeal.

§7-3.17. Relief for Sustained Appeals.

Upon sustaining an appeal of an election, the Commission shall instruct the execution of the election for the affected races anew, with such changes to prevent reoccurrence of the issue or issues necessitating the overturning of the previous election.

Part IV. Judicial Appeals.

§7-3.18. Requirements for Judicial Appeal.

The following actions, inclusive, shall be subject to appeal to a judicial panel:

  1. Elections Commission decisions on appeals of elections;
  2. Disqualifications;
  3. Forfeiture of candidacy for lack of qualifications; and
  4. Elections Commission decisions on substantial decision reviews.

§7-3.19. Filing of Judicial Appeal.

All Judicial Appeals must be filed in the Student Government Office by 5:00 PM the class day following the decision being appealed. Such an appeal must include the name, email, and phone of the petitioner, along with the reasons the petitioner believes the Commission’s decision to be incorrect.

§7-3.20. Judicial Hearing.

All judicial appeals shall be heard by a panel of five (5) members of the Judicial Branch, none of which serve on the Board of Elections. The Chair of the Elections Commission shall present the stance of the Commission. The Chair of the Commission and the petitioner shall have a period of no less than two (2) class days to prepare their cases. Arguments and questioning shall be in public, but the deliberations of the panel shall be closed. Overturning of a Commission decision shall require clear and convincing evidence that the Commission acted incorrectly. The panel shall be entitled to order any relief that the Commission would have been able to. The decision of the judicial panel is not subject to appeal.

Article 4. Campaign Regulations.

Contents

§7-4.1. Candidate Responsibility.
§7-4.2. Regulation Applicability.
§7-4.3. Regulation Completeness.

§7-4.4. All Candidates Meeting Attendance.
§7-4.5. University Supplies.
§7-4.6. Distribution of Campaign Materials.
§7-4.7. Handbills.
§7-4.8. Campaign Posters.
§7-4.9. Sandwich Boards.
§7-4.10. Campaign Emailing.
§7-4.11. Door-to-door Campaigning.
§7-4.12. Student Government Facilities.

§7-4.13. Campaigning in Computer Labs.
§7-4.14. Campaigning Near Polls.
§7-4.15. Unofficial Polling Stations.
§7-4.16. Undue Influence.

§7-4.17. Spending Limits.
§7-4.18. Frequency of Expense Reports.
§7-4.19. Filing of Expense Reports.
§7-4.20. Availability of Expense Information.
§7-4.21. Expenses prior to All Candidates Meeting.
§7-4.22. Penalties Concerning Expenses.
§7-4.23. Joint Expenses.

§7-4.1. Candidate Responsibility.

All candidates and campaigns shall be responsible for knowing the regulations of campaigning. Ignorance of a regulation shall not be acceptable as a defense to a violation of a rule. Candidates shall be responsible for the actions of their staff and supporters.

§7-4.2. Regulation Applicability.

All regulations within these Statutes shall be applicable to all candidates for office, regardless of the affiliation of the office sought, by virtue of the election governance clause of the Student Body Constitution.

§7-4.3. Regulation Completeness.

The campaign regulations shall be considered complete and shall be enforced without addition by the Board of Elections.

Part I. General Regulations.

§7-4.4. All Candidates Meeting Attendance.

Any person who fails to attend the All Candidates Meeting or to send a designated alternate will be required to present valid excuse to the Commission or will lose his or her place on the ballot.

§7-4.5. University Supplies.

A candidate shall not use university supplies in an effort to campaign. University supplies that are made available for student purchase or general student use, e.g. print quota, may be used. “University Supplies” includes, but is not limited to, letterhead, paper, business cards, and campus mail.

§7-4.6. Distribution of Campaign Materials.

Campaign materials must be distributed in accordance with University policies for registered student organizations.

§7-4.7. Handbills.

Handbills shall be considered any objects with campaign information that are typically delivered by hand to a voter. No handbills may be piled in a public place with the intention that voters will pick them up without permission from the official in charge of the premises.

§7-4.8. Campaign Posters.

Candidates and their staffs must follow University policy on posters. No candidate or campaign may remove another candidate’s posters. Candidates shall have the right to post on any public board that they would be ordinarily entitled to post on as students.

§7-4.9. Sandwich Boards.

All sandwich boards must be displayed outdoors and should be properly secured.

§7-4.10. Campaign Emailing.

All campaign shall comply with University email policy. Specifically, no candidate shall send emails to potential voters without explicit permission. This statute shall not be construed to prevent a candidate from soliciting campaign support from acquaintances.

§7-4.11. Door-to-door Campaigning.

The Elections Commission shall make no provision to restrict door-to-door campaigning on or off campus. However, candidates shall adhere to all guidelines established by the University Housing Policy on solicitation on campus.

§7-4.12. Student Government Facilities.

Organized campaign activities is prohibited in all Student Government facilities, except at the explicit invitation of the Board of Elections, the Wolf Aides Program, or a non-Student Government group that is duly authorized to use said facilities.

§7-4.13. Campaigning in Computer Labs.

There shall be no campaigning in any Unity Labs on the days of elections.

§7-4.14. Campaigning Near Polls.

There shall be no campaigning within 50 ft of a supervised polling location on the days of elections.

§7-4.15. Unofficial Polling Stations.

No campaign shall establish or effectively establish a polling station. This includes but is not limited to providing computer services for the purpose of voting, without the express unsolicited request for such service by the voter.

§7-4.16. Undue Influence.

Candidates and their staffs shall not expend any funds or aid in any effort to exert undue influence over the voting process.

Part II. Campaign Expenses.

§7-4.17. Spending Limits.

  1. Candidates may spend no more than the following in a general election:
    Student Body President: $300
    Student Senate President: $250
    Student Body Treasurer: $250
    Chief Justice: $250
    Senator: $100
    Other Elective Offices: $200
    Department-level Elective Offices: $50
  2. For a run-off election, candidates may spend anew up to half the expense limit of the general election.
  3. Donations may not total more than half of the allowable expenses in each election and do not count towards the spending limit. Time, services, and/or materials donated by someone who normally charges shall count towards total donations.

§7-4.18. Frequency of Expense Reports.

  1. Candidates shall be required to submit an expense report by 5:00 PM each Monday class day between the All Candidates meeting and last general or run-off election they are a candidate in. Such a report must be accurate as of least 5:00PM the preceding Friday and include at least all expenses since the last report. Such weekly reports shall be required only for elective races with a spending limit of at least two hundred ($200) dollars.
  2. Candidates shall submit a final expense report no later than 9:00 AM the day after polls have closed. Such a report shall be comprehensive of all expenses of the campaign, regardless of date of expenditure. No candidate shall assume office until the final campaign expense sheet has been submitted and inspected.

§7-4.19. Filing of Expense Reports.

Expense reports shall be filed with the Board of Elections, via the Student Government Office, and shall include:

  1. expense sheets and worksheets from the Elections Packet; and
  2. original receipts for the final report or copies of receipts for a weekly report, provided that original receipts are available on request of the Commission.

§7-4.20. Availability of Expense Information.

Campaign expense sheets shall be considered public records, and any individual may have access to information contained in the sheets. The Commission shall cause the regular posting of expense information on the Elections Website.

§7-4.21. Expenses prior to All Candidates Meeting.

Any funds expended prior to the all candidates meeting shall be included in the campaign expense reports.

§7-4.22. Penalties Concerning Expenses.

  1. Failure to submit expense reports on time shall be a violation, and shall be brought to the attention of the commission by the chair;
  2. Falsifying information in an expense report is punishable by the Judicial Board.

§7-4.23. Joint Expenses.

Prior to expending funds on joint campaign expense, both candidates must file a joint campaign finance declaration, which shall be a public record. Joint expenses shall be considered any expense that, with the knowledge of both campaigns, benefits both campaigns by design. The joint expense may be divided amongst the campaigns at their own discretion. Once joint finance declarations are filed, both campaigns shall be liable for each other’s expense violations. This statute shall not limit campaigns from stating their endorsement of another candidate, unless such endorsement is the primary purpose of the purchased medium.

Article 5. Referenda.

Contents

§7-5.1. Scope of Referenda.
§7-5.2. Validation.
§7-5.3. Occurrence.
§7-5.4. Form.

§7-5.5. Ballot Order.
§7-5.6. Results.
§7-5.7. Conflicting Adopted Referenda.

§7-5.1. Scope of Referenda.

Within these statutes, “referenda” shall refer to proposed amendments to the Student Body Constitution , proposed amendments to the Union Constitution, proposed amendments to a College Council Constitution, and non-binding ballot questions proposed to the Student Body by act of the Senate.

§7-5.2. Validation.

Referenda shall be considered valid and pending vote upon either:

  1. enrollment following adoption by the Senate for amendments to the Student Body Constitution or for non-binding ballot questions, adoption by the Union Board of Directors for amendments to the Union Constitution, or adoption by a College Council for amendments to that Council’s Constitution;
  2. certification by the Elections Commission of a petition signed by 15% of the University’s enfranchised students for amendments to either the Student Body Constitution or the Union Constitution. Such a petition must be presented to the Commission no later than close of filing for the Spring General Election in order to be eligible for certification for that election.

§7-5.3. Occurrence.

Pending referenda shall be presented to the Student Body in the Spring General Election unless an act of Senate provides for an earlier special election.

§7-5.4. Form.

The referenda ballot shall state the following for each referendum:

  1. If the referendum changes a constitution or if it is a non-binding question.
  2. The full text of the referendum or a summary thereof. Such a summary shall either provided in the bill ordering the referendum or drafted by the Elections Commission if none was provided. If a summary of the referendum is provided, the full text shall be readily available.
  3. The effect of a yes or no vote.

§7-5.5. Ballot Order.

All referenda shall be placed on the ballot in descending order of date and time of validation.

§7-5.6. Results.

Referenda shall be adopted if they receive two-thirds of the legal ballots cast, notwithstanding conflicting referenda also adopted, per §7-5.7.

§7-5.7. Conflicting Adopted Referenda.

  1. No bill shall be in order in the Student Senate that provides for a referendum that conflicts with a pending referendum unless that bill provides for action in the event both the pending and proposed referenda are adopted.
  2. In the event that two or more referenda are adopted that affect change on the same portion of a constitution the last such adopted referenda in the ballot order shall take effect.

Article 6. Elections Packet.

Contents

§7-6.1. Preparation of the Elections Packet.
§7-6.2. Elections Forms.

§7-6.3. Appendix — Elections Packet.

§7-6.1. Preparation of the Elections Packet.

The Elections Commission shall compile and release the Elections Packet for a given election no later than two (2) class days prior to books opening.

§7-6.2. Elections Forms.

Whenever the filing of a form contained within the Elections Packet is required, it shall be acceptable for the candidate to file the form as included in the appendix to this article in place of the prepared form distributed in the Elections Packet.

§7-6.3. Appendix — Elections Packet.

The Student Body Elections Packet shall be included in these Statutes as an appendix to this article, and shall hold the same force of law as these Statutes. In such circumstances where a conflict may arise between the Packet and these Statutes, the Statutes shall govern

[Appendix Omitted. Please see PDF]