GOVERNMENT BILL 83

 

A BILL TO BE ENTITLED

An act to Update and Revise Statutes Governing Student Election

 

 

WHEREAS,   time has passed since the last through revision of statutes governing student election; and,

 

WHEREAS,   in that time, a number of problems have been demonstrated with existing regulations; now, therefore be it

 

ENACTED,    by the North Carolina State University Student Senate that:

 

Section 1.        Student Body Statutes §7-1.2(d) shall be amended to read:

 

                        (d) the election of a Student Centers President, Union Activities Board President, and at-large member of the Student Centers Board of Directors.

 

Section 2.        Student Body Statute §7-1.16 shall be amended to read:

 

§7-1.16. Qualifications for Student Senator Candidates.

(a)     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.

(b)     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. Similarly, a candidate may provide proof of remaining in their current classification, and seek a seat associated with that standing. Candidates petitioning under this subsection waive their right to vote for themselves.

(c)      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.

 

Section 3.        Student Body Statute §7-1.17 shall be amended to read:

 

§7-1.17. Qualifications for Union Candidates.

Candidates for Student Centers President and Union Activities Board President shall meet requirements in the Union Constitution. Candidates for Student Centers Board of Directors shall have no qualifications beyond basic qualifications for candidacy. Union positions do not require certification of the Union.

 

Section 4.        Student Body Statute §7-1.19 shall be amended by adding:

 

Any intent-to-run form filed with fictitious, misleading, or incomplete information shall be invalid.

 

Section 5.        Student Body Statute §7-1 shall be amended by inserting:

 

§7-1.22. Announcement of Filings.

The Election Commission shall publish the candidate names and offices from each intent-to-run form within twenty-four (24) hours of its receipt. Publication shall occur regardless if qualifications have been verified. Candidates shall be responsible for formally petitioning the Commission for correction should their name be omitted. No additional candidates shall be announced after  the first candidate’s meeting, unless the candidate filed public petition regarding an omission within twenty-four (24) hours of the final candidate announcement.

 

Section 6.        Student Body Statute §7-1 shall be amended by inserting:

 

§7-1.25. Ballot Candidacy Format.

The ballot shall contain the formatted name of each candidate for each position. This formatted name must include the surname from the candidate’s full legal name as well as at least one other portion of the legal name or common derivatives thereof, No name format that would serve to confuse the electorate as to the identity of the candidate shall be acceptable. No information shall be included beyond the name.

 

Section 7.        Student Body Statute §7-1 shall be amended by inserting:

 

§7-1.31. General Enfranchisement

All students who have paid, or had paid on their behalf, any portion of full fees, including pro-rated full fees supporting Student Government shall be enfranchised and entitled to vote.

 

Section 8.        Student Body Statute §7-1.33 shall be amended to read:

 

§7-1.33. 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. This section shall be applied to Senate seats, regardless of the number of seats available. In the event that a 1% or less margin separates the candidate that winshis the last seat and the candidate that holds the next largest number of votes, said candidate may call for a runoff within twelve (12) hours of the announcement of the election results, unless the candidate that wins the last seat holds a simple majority.

 

Section 9.        Student Body Statute §7-2.5 shall be amended to read:

 

§7-2.5. 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. Such public announcement shall include announcement via the Student Government listserv, E-mail to all candidates, and posting on the elections website. 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.

Section 10.      Student Body Statute §7-2 shall be amended by inserting:

 

§7-2.8. Decision Making Criteria.

The Elections Commission shall attempt to make decisions in a manner consistent with past practice, provided statutes do not supercede with newer practice. In no case shall the Commission be bound, or otherwise defer, to statements or pledges made by its officers to candidates or other interested parties. Furthermore, such officer statements shall not be consisted mitigating in cases of violation of elections rules.

 

Section 11.      Student Body Statute §7-2.8 shall be amended by adding:

 

The chair shall be confirmed a second time prior to discharge of duties regarding the spring general election. Such confirmation resolution shall automatically be introduced the first Senate meeting of the spring semester.

 

Section 12.      Student Body Statute 7-2.16 Shall be amended to read:

 

                        The Student Body President shall appoint two (2) students of sufficient technical competence to operate the online voting program no later than the 10^th class day of the Fall Semester, subject to a simple majority confirmation of the Government Operations Committee. These students shall be considered Elections Assistants and shall be responsible for running the online elections program under the supervision of the Elections Commission.

 

Section 13.      Student Body Statute §7-2.27 shall be amended to read:

 

§7-2.27. All Candidates Meetings.

The Commission shall organize and run the All Candidates Meeting candidates meetings at which they shall provide information to candidates concerning elections as well as answering any questions of candidates or members of the Student Body. There shall be two candidates meetings for the general election, and any candidate can attend either. Additionally, the commission shall prepare a packet of information equivalent to that presented at the meetings. In lieu of attending, candidates may pick of this packet within two days of the last meeting, and sign attesting their receipt of the information. 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.

 

 

Section 14.      Student Body Statute §7-2 shall be amended by inserting:

 

                        §7-2.28. Meeting with Government Operations

                                The Election Commission shall be required to meet in conjunction with Government Operations once per semester to discuss election matters.

 

Section 15.      Student Body Statute §7-3 shall be amended by inserting:

 

§7-3.8. Fines.

(a)     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.

(b)     Fines shall not exceed fifty dollars ($50). The candidate may either pay the fine, which will not count towards expense limits, or not pay the fine and elect to deduct the fine from the total expense limit. 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 16.      Student Body Statute §7-3.8 shall be amended by adding:

 

The Commission shall concurrently access a warning in all cases that it orders a Disqualification Hearing.

 

Section 17.      Student Body Statute §7-4.10 shall be amended to read:

 

§7-4.10. 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. Candidates shall be advised to be aware of University Housing and community policies regarding solicitation.

 

Section 18.      Student Body Statute §7-4 shall be amended by inserting:

 

§7-4.17. Destruction of Campaign Materials.

No campaign shall destroy the campaign materials of another campaign. This shall include, but not be limited to, erasing chalk, removing or defacing posters, and damaging or removing sandwich boards. Covering posted materials shall not be considered destruction.

 

Section 19.      Student Body Statute §7-4 shall be amended by inserting:

 

§7-4.18. Standard Rate Expenses.

Candidates should document the actual cost of materials used insomuch as possible. When not possible, they may declare the following items at the given standard rates, which are intentionally high ranged rates:

(a)     copies and printing: 150% the highest rate charged by Wolf Copy.

(b)     staples on flyers: 5 cents per flyer.

 

Section 20.      Student Body Statute §7-4.19 shall be amended by adding:

 

Candidates shall be permitted to electronically file reports stating that they had expended no funds.

 

Section 21.      Student Body Statute §7-4.23 shall be amended so that it reads:

 

§7-4.23. Joint Expenses.

(a)     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.

(b)     Prior to expending funds on joint campaign expense, both candidates must file a joint campaign finance declaration, which shall be a public record. 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.

(c)(a)Candidates for student body wide elective office may not form into joint campaigns with candidates for offices with smaller electorates.

(c)     Candidates for offices elected by the entire voting student body may not form into joint campaigns with candidates for offices with smaller electorates.

(d)     The total expense limit for a joint campaign shall be 90% of the total expense limit had the candidates run a non-joint campaign.

(e)     Joint financed campaigns shall file a set of expense reports covering the entire campaign, in addition to the reports for the individual candidates.

(f)      Any and all joint expense declarations must be filed within five (5) class days of the final all candidates meeting.

 

Section 22.      This act shall be effective upon its enrollment.