GB 38, Board of Elections Act
Referred to the Government Operations Committee by the Student Senate President
Online Text
(as of 10-21-2002, as initially introduced)
GOVERNMENT BILL
38
A BILL TO BE ENTITLED
An Act to Divide the Powers of the Board of Elections between
Executive and Deliberative Bodies and to Provide Addition Powers Thereto
Short Title: Board of Elections Act
(Public)
Sponsored
by: Senators Fabricius and Palin
First Reading: October 23, 2002 Version Date: October 21, 2002
Referred
to:
__________________________________________________________.
BE
IT ENACTED, by the North Carolina State University
Student Senate that:
Section
1. Student Body Statutes §7-1.1 shall be
amended by striking:
(b) “Board of Elections” refers to the
entire agency for elections, the sum of the Elections Commission and its
assistants.
and inserting:
(b) “Elections Supervisor”
and “Supervisor” refer to the
Supervisor of Elections.
(c) “Elections Supervisors” and “Supervisors” refer to the Supervisor of
Elections refer to the Supervisor of Elections and all Associate and Assistant
Supervisors of Elections under his or her supervision.
(d) “Board of Elections” refers to the
entire agency for elections, the sum of the Elections Commission and the
Elections Supervisors.
Section
2. Student Body Statutes §7-1.4 shall be
amended by striking:
(b) The size
of the Elections Commission to be appointed in addition to the chair
and inserting:
(b) If an Elections Commission and/or Associate Supervisors of
Elections shall be appointed;
Section
3. The term “Commission Chair” shall be
replaced by the term “Supervisor” in the following locations:
(a) SBS §7-1.6(a)
(b) SBS §7-2.21 (two instances)
(c) SBS §7-4.22(a)
Section
4. The term “Commission” shall be replaced
by the term “Supervisor of Elections” in the following locations:
(a) SBS §7-1.6(c)
(b) SBS §7-2.22
Section
5. The term “Commission” shall be replaced
by the term “Supervisors of Elections” in the following locations:
(a) SBS §7-1.21
(b) SBS §7-2.23
(c) SBS §7-2.24
(d) SBS §7-2.26
(e) SBS §7-2.29
(f) SBS §7-2.30
(g) SBS §7-3.19(b)
(h) SBS §7-3.20
(i) SBS §7-6.1
Section
6. The term “Board of Elections” shall be
replaced by the term “Supervisors of Elections” in the following locations:
(a) SBS §7-1.16
(b) SBS §7-1.23
(c) SBS §7-2.22
(d) SBS §7-2.25
(e) SBS §7-2.27
(f) SBS §7-2.28
(g) SBS §7-3.19
Section
7. Student Body Statutes §7.1.18. Withdrawal from Candidacy. shall be
amended by striking:
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.
and insering:
Any
Candidate may file a written petition with the Supervisor of Election to
withdraw from candidacy. Such a petition must be filed by 5:00 PM the Wednesday
prior to the election to provide the Supervisor time to authenticate the
petition prior to the finalization of the ballot. All such petitions shall be
granted unless the Supervisor finds that granting it would substantially impair
a fair election, in which case the Commission shall determine with to allow a
withdrawal from candidacy.
Section
8. Article 2 of the Chapter 7 Student Body
Statutes shall be re-titled “Supervisors of Elections”.
Section
9. Student Body Statutes §7-2.2 through
§7-2.20 shall be struck, and the following inserted:
Part I. Supervisor Positions.
§7-2.2. Supervisor
of Elections.
The Supervisor of Elections shall be considered
a Student Government Official, and shall have the basic duty to conduct and
supervise all Student Body Elections consistent with the duties and regulations
of these statutes.
§7-2.3. Appointment of the Supervisor of Elections.
The
Student Body President shall appoint the Supervisor 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.
§7-2.4. Duties of the Supervisor of Elections.
In
addition to other duties specified in these Statutes the Supervisor of Electionsshall
specifically:
(a)
Coordinate the activities of
the Supervisors of Elections;
(b)
File a report on the
activities of the Supervisors 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;
(c)
Remove Associate and
Assistant Supervisors of Elections for cause provided that reasons for such
action are reported to the Senate; and
(d)
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.
§7-2.5. Vacation of the Office of Supervisor of
Elections.
In the
event that the office of Supervisor of Elections becomes vacant prior to the
end of its term, the office shall be filled as follows:
(a)
The Student Body President
shall appoint a replacement Supervisor per §7-2.8, when no elections cycle is
in progress;
(b)
The Student Body President
shall appoint a replacement Supervisor from the confirmed Associate Supervisors
without consent of the Senate if an elections cycle is in progress; and
(c)
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.
§7-2.6. Associate
Supervisors of Elections.
There shall be at least three (3) Associate
Supervisors of Elections appointed by the Supervisor of Elections, subject to
the confirmation of the Senate, by either his eighteenth day in office or the
date books open for the General Election, whichever is earlier. Associate
Supervisors of Elections shall aide the Supervisor of Elections in completing
his or her duties.
§7-2.7. Associate
Supervisor of Elections for Publicity.
Among the minimum three (3) Associate
Supervisors there shall be an Associate Supervisor with the responsibilities of
overseeing and directing all efforts to publicize Student Body Elections.
§7-2.8. Associate
Supervisor of Elections for Equipment and Technology
Among the minimum three (3) Associate
Supervisors there shall be an Associate Supervisor with the following
responsibilities:
(a) Provide
for the procurement and safekeeping of all material elections equipment and
supplies.
(b) Supervise
the Elections Technical Personnel (SBS §7-2.10)
(c) Ensure
the current and correct flow of information to the Board of Elections web site.
§7-2.9. Assistant
Supervisors of Elections.
The Supervisor of
Elections shall appoint, without confirmation of the Senate, any number of
Assistant Supervisors of Elections to perform minor or supervised duties.
§7-2.10. Elections Technical Personnel
The
Supervisor of Elections shall appoint two (2) students with suitable background
in UNIX server administration by either his eighteenth day in office or the
date books open for the General Election, whichever is earlier, subject to the
majority confirmation of the Senate.
These students shall be considered Assistant Supervisors of Elections
and shall be responsible for:
(a)
Maintenance and setup of the
Student Government Election Server and related programs and systems;
(b)
Access to the computing
environment of the Student Government Election Server;
(c)
Provide a written report to
the Senate at the conclusion of the Election Cycle on any technical problems
which occurred.
§7-2.11. Elections Webmaster.
The
Supervisor of Elections shall name an Elections Webmaster, who may be either a
an Associate or Assistant Supervisor of Elections. The Elections Webmaster
shall be responsible for ensuring the Elections Website is up-to-date and
contains all information required by these statutes.
§7-2.12. Qualifications for Supervisors of Election.
Supervisors
of Elections shall not be:
(a)
Candidates for Elected
Office;
(b)
Staff Members of a Campaign;
(c)
Supporters of a Candidate;
(d)
Contributors to a Candidate
or Campaign;
(e)
Members of the Senate
Standing Committee on Government Operations;
(f)
The Student Body Chief
Justice or one of his or her Assistants;
(g)
Sponsors of Referenda to be
presented for vote.
§7-2.13. Term of Supervisors of Elections.
The term
of the Supervisors of Elections shall begin on the effective date of
appointment or confirmation and lasts until the date of Spring Commencement.
§7-2.14. Official Status of Associate and Assistant
Supervisors.
Associate
and Assistant Supervisors of Elections shall be considered Student Government
Officials, but shall be exempt from the dual office-holding ban of SBS §1-3.
Section
9. Student Body Statutes §7-2.22. Basic Publicity. shall be amended by
adding:
The Supervisors shall specifically and thoroughly promote the
opportunity to file for election.
Section
10. Student Body Statutes §§7-2.31 et seq shall be struck:
Part
IV. Tabulation and Certification.
§7-2.31. 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.
§7-2.32 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.
§7-2.33. Certification of
Results.
(a)
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.
(b)
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.
§7-2.34. 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.
and the following inserted:
§7-2.31. Result
Tabulation and Posting.
The Supervisors shall
forward the tabulated elections results to the Elections Commission no later
than 24 hours after the conclusion of elections. This includes both electronic returns as well as provisional
ballots. The Supervisor shall post the
results once they have been certified by the Elections Commission.
§7-2.32. Preservation
of Records.
The Supervisors shall
provide for the safekeeping of all records from the election and shall forward
results and order important records in a permanent medium to the University
Archives.
§7-2.33. Absence of Commission.
If the Senate has elected
not to require an Elections Commission for a special election, all actions of
the Supervisor ordinarily requiring review of the Commission shall take effect
immediately, including the removal of candidates lacking qualification and the
certification and release of results.
Section 11. Chapter 7 of the Student Body Statutes shall be
amended by inserting:
Article 3. Student Body Commission on Elections
§7-3.1. Convention
Concerning Confirmation.
Within
this article, unless otherwise specified, “confirmation”
refers to the simple majority confirmation of the Student Senate.
Part I. Elections Commission.
§7-3.2. 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 five (5) students
appointed by the Student Body President at least six (6) weeks prior to the
date of elections books opening, subject to the simple majority confirmation of
the Senate.
§7-3.3. 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:
(a)
Candidates for Elected
Office;
(b)
Staff Members of a Campaign;
(c)
Supporters of a Candidate;
(d)
Contributors to a Candidate
or Campaign;
(e)
Members of the Senate
Standing Committee on Government Operations;
(f)
The Student Body Chief
Justice or one of his or her Assistants, nor be applicants to one of those
positions for the next year;
(g)
Sponsors of Referenda to be
presented for vote.
§7-3.4. Term of Commissioners.
The terms
of Elections Commissioners shall begin on the effective date of confirmation
and last until the date of Spring Commencement.
§7-3.5. Commission Officers.
At its
first meeting, and whenever the offices might be vacant, the Elections
Commission shall elect from its own membership a Chair and Secretary, with
duties as prescribed by these statutes.
§7-3.6. 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.
§7-3.7. 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.
§7-3.8. General
Duties of Commission.
In
addition to other duties specified in these Statutes, the Elections Commission
shall, as a deliberative body:
(a)
Hear all allegations that a
candidate or candidates have violated campaign rules;
(b)
Provide a governing
interpretation of the regulations of this chapter upon request of any
candidate, campaign, or Student Government Official;
(c)
Remove unqualified candidates
from the ballot once verifying of the lack of qualification alleged by the
Elections Supervisor;
(d)
Certify petitions for Student
Body Referenda;
(e)
Grant or deny ballot access
to College Councils not inconsistent with Senate decisions on the same access;
(f)
Adopt a budget of funds
appropriated to the Board of Elections;
(g)
Consider appeals of decisions
by the Elections Supervisors;
(h)
Hear appeals of an election;
(i)
Certify the tabulated
elections results provided by the Elections Supervisors.
Part II. Rule Making.
§7-3.9. Authority for Rule Making.
The Elections
Commission shall be empowered to adopt additional rules for election not in
conflict with these statutes for the sole purpose of ensuring a fair election.
Effected rules shall carry the same force of law as these statutes.
§7-3.10. Notice for Proposed Rules.
The Elections
Commission shall post any proposed rule on the elections web site and in the
Student Government Office at least three (3) class days prior to its
consideration. All rules must be adopted in the exact form in which they were
posted.
§7-3.11. Consideration of Rules.
Commission
consideration of a proposed rule shall begin with the acceptance of oral and
written public comment. Adoption of a rule shall require the support of
two-thirds of those present and voting. No rule may be adopted within three (3)
class days of the opening of polls.
§7-3.12. Vacation of Commission Rules.
The Student Senate may vacate any Elections
Commission Rule by Senate Resolution.
Part III. Tabulation and
Certification.
§7-3.13. Certification of Results.
(a)
Upon receipt of results from
the Supervisors, 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 instruct the Supervisor to re-tabulate the
results and to present them again within thirty-six (36) hours. Review and
certification must take place in a duly called public meeting.
(b)
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.
§7-3.14. 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.
Section
12. Student Body Statutes §7-3 shall be
amended by inserting:
§7-3.8. Fines.
The Commission shall be empowered to access fines on candidates
concurrent with warnings, if the Commission believes the violation was
particularly blatant or damaging to the elections. Such fines shall not exceed
forty dollars ($40) and do not count towards expense limits. All proceeds from
fines shall be deposited in to the Student Body Funds, and shall be set aside
for defrayment of the cost of future elections.
Section
13. Student Body Statutes §7-3.8. Direct Disqualification. shall be
amended by adding:
The Commission shall concurrently access a warning in all cases
that it orders a Disqualification Hearing.
Section
14. Student Body Statutes §7-3.12. Re-hearing of Warnings. shall be
struck:
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.
and the following inserted:
(a)
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.
(b)
Should a candidate be
assessed a fine he or she believes is unreasonable, he or she may petition for
re-hearing of the fine by the Commission. Such a petition must state why the
candidate believes the fine is unreasonable.
(c)
Upon receipt of a petition
under (a) and/or (b), 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.
Section
15. Student Body Statutes §§7-3-13 et seq, under the orientation name “Part
II. Decision Review” shall be struck:
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.
and the following inserted:
Part II. Supervisor
Appeals.
§7-3.13. Appeals of Actions of the Supervisors of
Elections.
Any member of the
Student Body may file an allegation with the Commission that the Supervisors of
Elections have 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.
§7-3.14. Hearings on Supervisor Appeals.
The Commission shall conduct a hearing on any
Supervisor Appeal filed. The petitioner and the Supervisor shall be notified of
the hearing at least twenty-four (24) hours in advance. Both the petitioner and
the Supervisor shall be permitted to present their stance, and then shall
answer questions of the commission. By majority vote, the commission may either
overturn the Supervisor’s decision or instruct him or her to take corrective
action.
§7-3.15. Appeals in Absence of Commission.
If
the Senate has elected not require an Elections Commission for a special
election, all appeals of actions of the Supervisors of Elections shall go
directly to the Judicial Appellate Panel.
Section
16. Student Body Statutes §7-3.18(d) shall be
amended by striking “decision review” and inserting “Supervisor appeals”.
Section 17. Student
Body Statutes §7-4.3. Regulation
Completeness. shall be struck.
Section
18. This act shall take effect upon
enrollment.