Republic of the Philippines CENTRAL BICOL STATE UNIVERSITY OF AGRICULTURE Impig, Sipocot, Camarines Sur 4408 Website: www.cbsua.edu.ph Email Address: cbsua.sipocot@cbsua.edu.ph Trunkline: (054) 881-6681 ISO CERTIFIED UNIVERSITY SUPREME STUDENT COUNCIL-SIPOCOT SENATE Senate Bill No. 001 Introduced by JENNY MAE L. BORAGAY, Senator and Governor of the College of Information Technology Student Council AN ACT INSTITUTIONALIZING THE ELECTORAL CODE FOR THE CONDUCT OF STUDENT GOVERNMENT ELECTIONS IN CBSUA-SIPOCOT EXPLANATORY NOTE The Constitution and By-Laws (CBL) of the University Student Government of Central Bicol State University of Agriculture-Sipocot provides a clear mandate that an independent Commission on Student Election (COMSELEC) shall be established to ensure and facilitate polls for the student councils of the campus. Further, it is also stipulated in Article XII, Section 1 of the CBL that the policies relative to the conduct of elections and other functions by an Electoral Code, provided it shall not be contrary to existing laws and the CBL. However, the absence of said code hampered the expected conduct of elections for the university and several college student councils. For this reason, this proposed legislation seeks to institutionalize a student electoral code that shall govern the elections of University Student Government of CBSUA-Sipocot and the establishment of university and college-based COMSELECs. JENNY MAE L. BORAGAY Page 1 of 13 AN ACT INSTITUTIONALIZING THE ELECTORAL CODE FOR THE CONDUCT OF STUDENT GOVERNMENT ELECTIONS IN CBSUA-SIPOCOT Be enacted by the Senate of the University Supreme Student Council of CBSUASipocot: ARTICLE I GENERAL PROVISION Section 1. Title. This Code shall be known as the “University Supreme Student Council Student Electoral Code”. Section 2. Coverage. This Code shall govern elections to University Supreme Student Council Student Electoral Code in the Central Bicol State University of Agriculture-Sipocot. Section 3. Definition of Terms. a) University Supreme Student Council Student or USSC. This shall refer to the duly constituted highest-governing student body in Central Bicol State University of Agriculture-Sipocot. b) Commission on Student Elections or COMSELEC. This shall refer to an independent, university-based student body responsible in conducting elections for the USSC. c) Ex-officio Commissioner. This shall refer to the Office of the Student Affairs Coordinator of the Central Bicol State University of Agriculture-Sipocot who will represent the University Administration in the conduct of the elections. d) Central Bicol State University of Agriculture-Sipocot, CBSUA-Sipocot or University. Refers to the institution where the where USSC govern as student body. Section 4. Declaration of Objectives. The objectives of this Code are: a) To institute manner of election that shall uphold the autonomous, democratic, and representative character of the USSC. b) To provide safeguards designed to ensure orderly and properly coordinated elections. c) To ensure the real and basic issues in elections are clarified. d) To assure the conduct of democratic and multi-party elections. e) To regulate election expenditures. f) To define the qualification of the election commissioners and candidates for elective positions. g) To prescribe the basic election rules, procedures, and other guidelines from the filing of certificates of candidacy to the settlement of post-election protests; and h) To define the creation, composition, and functions of the USSC COMSELEC. Page 2 of 13 ARTICLE II ELECTIVE POSITIONS Section 1. Composition of the USSC. The elective positions of the USSC shall be based on its Constitution and By-Laws. No positions shall be created and subjected to elections without the amendment of the constitution. Section 3. Term of Office. The duly elected officers of the USSC shall hold office for one (1) academic year, including the midyear term, to commence from the time they took their oath of office until the next set of officers and other members of USSC for the succeeding academic shall have qualified and shall have been declared likewise by the Commission of Student Elections, unless sooner terminated in accordance with the provisions of the Constitution and By-Laws. Section 4. Cessation of Tenure. The term of office of the any incumbent officers or member of the University Student Council shall automatically terminate of the causes specified here under: a) Upon final approval of his/her leave of absence application by the Dean of his/her college. b) Upon disqualification from re-enrollment for any semester or term during the academic year in his/her academic program for scholastic reasons, provided: That the automatic termination of his term of office shall take effect upon receipt of a written notice of disqualification issued by the Dean’s Office concern in the campus. c) Upon his receipt of written notice, issued by the Dean’s Office concern in the campus, of any of the following: 1. Honorable dismissal; or 2. Suspension; or 3. Expulsion. d) Reconsideration of any actions specified in Section 4, paragraphs B to C by appropriate authorities means reinstatement in office, unless another person shall have assumed permanently of the vacated position. Section 5. Filling Up of Vacancy. Vacancies arising from causes specified from the preceding section shall be filled in the following manners: a) If the office vacated is that of the President, the Vice President shall automatically assume office as the President. b) If the office vacated is that of the Vice President either because of assumption of office based on the Paragraph A above, or by any reasons specified in the preceding sections, the USSC shall elect from among the officers a new VicePresident or the next highest votes during the last election subject for evaluation of the officers. c) On the matter of filling up vacancies in other positions in the council, it shall be done in the manner of a snap election. Page 3 of 13 d) The President may assign an officer-in-charge for vacant positions temporarily, provided that such appointment shall be approved by the majority of the USSC officers. Appointment shall be valid only for a maximum of 2 months until a snap election is called for and a new officer is then elected ARTICLE III QUALIFICATIONS OF CANDIDATES Section 1. Qualifications. To qualify for any USSC positions, a candidate must possess/satisfy the following qualifications as indicated on the Constitution and By Laws of the University Student Council: a) Must be a bona fide student of the University. b) Must have a good moral character of at least 12 units except for graduating students. c) Full-time students with an academic load of at least 12 units except for graduating except for graduating students. d) Must not be under academic probation and no pending disciplinary record. e) For the position of the president, at least two-year residency requirement or an equivalent of 72 academic units earned in the University. f) For the executive and legislative positions, at least one-year residency requirement or an equivalent 36 academic units earned in the University in required. g) Must be of Good Moral Character as certified by the Guidance Counselor. h) Should not have any grade lower than 3.0 and/or an unsettled Incomplete or INC in any academic or non-academic subject during the last semester of the school year previous to the filling of candidacy. i) Must be physically or mentally fit as certified by the University Physician j) Must resign from any elected position in any accredited club/organization before filing his/her candidacy and must show proof of resignation. ARTICLE IV THE COMMISSION ON STUDENT ELECTIONS Section 1. The Commission. There shall be Commission on Student Elections or COMSELEC which shall exercise the following powers and functions: a) To supervise and coordinate the conduct of the University Supreme Student Council elections. b) To formulate and implement, consistently with the provisions of this Code, such as implementing rules, regulations and procedures as are necessary for the proper conduct and coordination of USSC elections. c) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recount. d) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective USSC positions. Decisions, final Page 4 of 13 orders, or rulings of the Commission on election contests shall be final, executory, and not appealable. e) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, and registration of voters. f) Register political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government. Religious denominations and sects shall not be registered. g) To process certificates of candidacy for USSC positions. h) Prosecute, upon verified complaints or on its own initiative, cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. i) Recommend to the USSC and the University Administration effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. j) Submit to the USSC and the University Administration, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recounts. k) Coordinate the election activities of university and college-based elections Section 2. Composition. a) As stipulated in the Article XII, Section 2 of the University Student Government Constitution, COMSELEC shall be composed of commissioners which will take the following roles: One Chairman, Secretary, the Committee Chairpersons of Screening, Finance, Publicity, and Canvassing. b) The Chairperson of Office of the Student Affairs and Services shall be appointed as a voting ex-officio commissioner to represent the University administration in the election. Section 3. Qualifications of the Commissioners. To qualify as a Commissioner, a student shall meet the following conditions: a) He/She shall be a bonafide student of the Central Bicol State University of Agriculture-Sipocot. b) He/She shall not hold any positions in the USSC, college student councils and student publications. c) He/She must not be a member or did not run in any elective positions under any political party in the University. ARTICLE V COLLEGE-BASED ELECTION COMMISIONS Section 1. College COMSELECs. The USSC COMSELEC shall take the lead to establish student election commissions in every college of the University. The election commissions shall work together to protect their shared interests. Page 5 of 13 Section 2. Devolvement. The college-based student election commissions shall remain independent from USSC COMSELEC, and shall have following devolved powers: a) To supervise and coordinate the conduct of their own college student council elections. b) To formulate and implement their own college-based student electoral code in accordance with the constitution and by-laws of their respective college student council, the USSC and this electoral code. Section 3. Coordination. The university and the college COMSELECs shall work together to coordinate the conduct of simultaneous election of the USSC and college student council officers. Section 4. Assumption of Power. The USSC COMSELEC can assume the power of any college-based election commission only if they failed to organize making the conduct of college elections impossible. ARTICLE VI ELECTION CALENDAR Section 1. Determination of Date and Elections. The COMSELEC shall determine the day of the USSC Elections, provided: the said elections shall be held not later than last week of April. Section 2. Election Period. The election period shall start on the first day for filing of certificates of candidacy and last for not more than 1 week, unless extended by the COMSELEC. Section 3. First Week of Schedule. The schedule of activities for the first week of the election period shall include the following: a) Filing of certificates of candidacy. b) Submission of data biodata and pictures of candidates for the common leaflets. c) Submission of copies of party platforms or individual platforms in the case of independent candidates. d) Release of official list of candidates; and e) Filing of complaints against candidates to the COMSELEC. Section 4. Successive Activities. The following activities shall be set by the COMSELEC: a) Set and announce the official campaign period. b) Holding of college convocation and election debate for the purpose of presenting all the candidates in the USSC election. Page 6 of 13 c) The election debate may be assigned to any student publication, subject for their approval. ARTICLE VII MULTIPARTY SYSTEM Section 1. Raison d’etre. a) The University Supreme Student Council shall recognize the role of multiparty system in strengthening the university and country’s democratic process. b) Such system guarantees that the diversity of opinions among the students shall be heard. Multiparty system prevents leadership of a single party form controlling the USSC without challenge. c) The USSC shall take the lead in ensuring the conduct of multiparty elections. Section 2. Accreditation. The political parties shall submit a letter of intent for accreditation addressed to the COMSELEC, a week before the announced submission of filing of certificate of candidacies. To be accredited, the following shall be met: a) The political party shall have a platform or program of government. Any party with programs showing bias or discrimination towards any religious (as provided by the Article II, Section 6 of the Philippine Constitution), race, gender, skin color shall not be accredited. b) Political parties which do not have any privileges received by a student organization accredited by the Office of the Student Affairs and Services and shall not function as such. ARTICLE VIII CERTIFICATE OF CANDIDACY Section 1. Filing of Certificate of Candidacy. The following may file their certificate of candidacy with the COMSELEC within the first week of the election period: a) A bona fide student running independently shall file their candidacy for only one position. Those filing certificates of candidacy under two or more positions shall be disqualified. b) A political party shall file the candidacy of the candidacy of the students running under its slate. Provided, that such party can only file one certificate for each position in the University Supreme Student Council. If the party files excess candidates for a position, the excess candidates for that position shall be disqualified. The COMSELEC shall select the excess candidates to be disqualified. Section 2. Supporting Documents. Simultaneously with the filing of certificate of candidacy, the candidate, of the party that he belongs to, shall submit to the COMSELEC the following: Page 7 of 13 a) A certification duly signed by the Program Chairperson and the College Dean that he/she has no failing grades and currently carrying the normal load prescribed by the college. b) Other certification: personal data sheet good moral character certification of registration Section 3. Failure to Meet Requirements. Failure on the part of any candidate to comply with any requirements specified in Article 7, Section 1 and 2 of this Code shall be sufficient ground for his/her disqualification from running in the elections. ARTICLE IX CAMPAIGN Section 1. Campaign Materials. Only the following print campaign materials are allowed: a) Slate Poster - 1 design which may contain the photos and credentials of the candidates of the slate or the platform of the party as a whole b) Sample balllot c) Blogs, social networking sites and other forms of online campaigning shall be allowed. d) Campaign posters shall only be put up in the designated bulletin boards of USSC COMSELEC. All parties and independent candidates shall equally share the bulletin boards. Posting on walls, benches, electric posts, powerhouse and bulletin boards of other colleges and organizations are not allowed. e) Name tags, identification cards may be used for identification purposes. f) The distribution of pins, badges, T-shirts, food, gifts, and money shall be considered as bribery and shall be prohibited. g) No campaign materials shall be put up outside the premises of the University Supreme Student Council. Materials posted in boarding houses, out-of-the campus cafeterias and eateries shall be prohibited. Posting of such materials in said places shall be considered as an election offense. h) Statements on issues, principles, plans and programs on campaign materials are strongly encouraged. i) Copies of campaign materials shall be submitted to the COMSELEC for scrutiny. Parties and individuals shall seek the approval from the Office of the College Dean for posting of the same materials. Unauthorized posting shall be considered as an election offense. j) Mudslinging and spreading of black propaganda against opponents shall be considered as an election offense. k) No motorcades, whether noisy or silent, shall be allowed. Motorcades are defined as more than two vehicles carrying election materials of one or more candidates going around the campus in succession. Page 8 of 13 Any violation of this section shall constitute sufficient grounds for disqualification of a candidate. Section 2. Clean-Up. a) All parties and independent candidates shall be required to clean-up areas where they posted campaign materials. b) Failure to clean-up a day after the elections shall require a political party to pay the amount of 1,500 pesos and independent candidates the amount of 500 pesos as fine. Also, the COMSELEC shall disqualify any political party or independent candidate in the next USSC elections. c) The fine shall be used the cover up the expenses for cleaning up and unspent amount shall be turn over to the USSC. d) The COMSELEC shall collect the fine and issue an acknowledgement receipt. Section 3. Room-to-Room Campaign. Room-to-room campaign shall not be undertaken without securing a written permission from the Dean and approval from instructors or professors concerned and present. Section 4. Convocations and Debates. a) The COMSELEC shall organize convocation one week before the conduct of elections. No convocation shall be held a day before the election. b) Debates shall be conducted in cooperation with any student publications, subject for their approval. Section 5. Online Campaign. a) The candidate profiles and parties’ platforms shall be posted on the official website and social media accounts of Office of Student Affairs and Services (OSAS), the Supreme Student Council, all college student councils, and other student organizations. b) All student councils are compelled to utilize all means to proliferate the campaign materials and to treat all candidates without prejudice in online space they manage. c) Black propaganda materials from candidates and their party members, especially those baselessly damaging the character and well-being of candidates and their party members in a manner irrelevant to the candidates’ platforms and principles – not be confused with valid, good faith criticisms – as determined by the COMSELEC are prohibited. d) Official accounts of candidates and parties shall be disclosed to COMSELEC for monitoring. e) Each party is allowed to spend a maximum of ₱3.00 for every registered student as financial expense for their online campaign. f) As an alternative to room-to-room campaigning, the candidates are allowed to enter online synchronous classes as permitted by the instructor. Page 9 of 13 g) The colleges are encouraged to provide the candidates with contact details of instructors, with their consent, in order for the candidates to be able to ask for permission to enter a synchronous class. h) All instructors are encouraged to provide at least five minutes for campaigning. i) There shall be at least one University convocation and expanded convocations per colleges as determined by the COMSELEC and college election commissions. Section 6. Financial Report. The parties and candidates shall submit a financial report regarding their campaign spending to the COMSELEC. ARTICLE X ELECTIONS Section 1. Election Time. The polls shall be open from 8:00 AM to 5:00 PM Section 2. Election Precincts. There shall be as many election precincts as possible at the discretion of the COMSELEC. Section 3. Election Assistants. Each precinct shall be presided by four election assistants who shall be designated and supervised by the Commission on Student Elections. Section 4. Poll Watchers. In addition, political parties and independent candidates are entitled to one poll watcher each in every polling precinct. The poll watcher shall present to the COMSELEC a written appointment as watcher from the candidate or party whose interests he represents. Section 5. Voting Procedures. The voting procedure shall be as follows: a) The student shall present his/her school ID to the election assistants. b) He/She signs his/her name in the official voter’s list prepared by the COMSELEC. c) He/She votes in the election booth, afterwards he/she must fold the ballot and drop it in the ballot box. Section 5. Restriction to Campaign and Candidates. a) Campaigning within ten meters of the polling place shall be strictly prohibited. b) The candidates after voting are advised to leave the polling stations and canvassing area. c) Any violation of Paragraph 1 and 2, shall be considered as an election offense and subjected for a disqualification case. ARTICLE XI AUTOMATED ELECTIONS Page 10 of 13 Section 1. Option to Hold Automated Elections. The COMSELEC shall have the option to hold automated elections provided that they shall express their intention to the University administration and candidates. Section 2. Approval and Selection of Software. The COMSELEC shall approve the software/s which will be deployed for the automated and remote elections. The commission shall come up with implementing rules for the approval and selection of software and for testing of facilities to be used for the automated elections. Section 3. Facilities. The COMSELEC shall coordinate with the University administration for the use of appropriate facilities for automated elections. ARTICLE XII REMOTE ELECTIONS Section 1. Basis of Remote Elections. On basis of ongoing pandemic, civil unrest, political and economic insecurity, the COMSELEC may opt to conduct remote elections to ensure that a democratic electoral process is still being observed. Section 2. Alternative Requirements. The COMSELEC can decide on the alternatives to documentary requirements indicated on Article VIII when the candidates cannot personally obtain and submit the said documents due to reasons specified on the previous section. Section 3. Election Platform. The means and conduct of the remote voting proper shall be determined by the COMSELEC when the technological and logistic requisites are finalized. The COMSELEC shall follow the process of selection and approval of technology as stipulated on Article XII. ARTICLE XIII CANVASSING OF VOTES Section 1. Counting of Manual Votes. Immediately after the closing of the voting precincts, the members of the COMSELEC shall proceed to the counting of the manual votes. Section 2. Any question regarding the vote or ballot from any member of the COMSELEC, or from any of the duly authorized poll watchers or any bona fide students of the CBSIA-Sipocot shall be decided by the COMSELEC. Section 3. After the manual/automated votes have been counted by the COMSELEC, the results of the elections shall be embodied in the report certified by all the members of the COMSELEC Commissioners containing the following: a) Names of the candidates; Page 11 of 13 b) Number of votes obtained by each; and c) Any question that was raised together with the final decision reached by the COMSELEC. ARTICLE XIV PROCLAMATION OF WINNERS Section 1. The Commission on Student Elections shall proclaim the winning candidates for the University Supreme Student Council elections upon: a) Complete tabulation and validation of votes. b) Certification of election return by the COMSELEC commissioners. Copies of the same shall be posted in conspicuous places in the college and social networking sites. ARTICLE XV ELECTION PROTESTS Section 1. Filing of Protests. All post-proclamation cases and protests shall be filed to the Commission not later than 3 working days after the proclamation. Section 2. Functions of the Commission. The COMSELEC shall hear and decide protests and cases of violations brought before it and shall apply/impose penalties/sanctions as have provided for in this Code, subject to the following rules: a) A decision shall be made within seven days after the case has been submitted to the Commission. b) The Commission shall not prescribe/impose any form of penalty other than what are provided for in this Code and other adopted implementing rules and regulation/guidelines. c) The decision of the Commission, in all cases, shall be final. d) The decision shall be posted in conspicuous places in the college and social network sites. ARTICLE XV PENALTIES Section 1. Penalties for Case of Violations Decided Before Proclamation of the Winning Candidates. a) Penalty for violations committed by a candidate for any USSC position that are decided before the proclamation shall be either: (1) reprimand, or (2) disqualification as such candidate, or (3) disqualification as such candidate, or (4) disqualification in the next USSC elections, depending on the gravity of the offense. Page 12 of 13 b) If the act committed falls under the category of misrepresentation of facts, tampering, or falsification of official records, the penalty may be disqualification both as a candidate and voter in the next election. c) The penalty for violations committed by a qualified voter shall be either: (1) reprimand, (2) or disqualification from the next USSC elections. d) The penalty for violations committed by a political party or by an independent candidate shall be either: (1) reprimand, or (2) disqualification of the whole slate. Section 2. Penalties for Case of Violations Decided After Proclamation of the Winning Candidates. a) The penalty for violations as committed by a candidate who has been proclaimed a winner that is decided after the said candidate is proclaimed shall be either: (1) reprimand, or (2) forfeiture of position and disqualification as a candidate for the next USSC elections, or (3) forfeiture of position and total disqualification from the future USSC Elections, depending on the gravity of offense. b) The penalty for violations committed by a candidate who lost that is decided after the proclamation shall be either: (1) reprimand, or (2) disqualification as candidate for the next USSC elections, (3) total disqualification from the future USSC Elections, depending on the gravity of offense. c) The penalty for violations committed by a qualified voter that is decided after the proclamation shall be either: (1) reprimand, or (2) disqualification as a possible candidate from the next USSC elections, or (2) total disqualification from the future USSC elections, depending on the gravity of offense. d) The penalty for violations committed by a political party shall be either: (1) formal warning, or (2) disqualification of the whole slate for the next USSC elections. ARTICLE XVI EFFECTIVITY SECTION 1. This code shall take effect immediately upon its approval and shall be posted in conspicuous places inside the college premises and the student council social media accounts. Page 13 of 13