Election Code - Saint Mary`s College of California

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ASSOCIATED STUDENTS OF SAINT MARY’S COLLEGE
Election Code
Section 1.01 Application
The rules and procedures specified in this election code shall apply to all Associated Students elections and
are intended to supplement provisions of the Associated Students constitution pertaining to the conduct of
Associated Students’ elections.
Section 1.02 Definitions
The following terms are defined to avoid ambiguity:
A.
An Association election is the process of choosing Associated Students officers pursuant to the
Associated Students constitution, bylaws, and election code. It officially begins when candidacy
petitions become available and shall officially conclude when all returns from general and run-off
elections are canvassed by election commission chair.
B.
A campaign consists of all activities performed by a candidate with the intention of being elected to
office.
Section 1.03 Election Commission
A.
Composition
i.
The election commission shall be made comprised of eleven members, all of which shall be
eligible to vote in decisions. The four executive councilors shall serve on the commission.
Two senators representing each class delegation shall serve on the commission as voting
members.
ii.
The vice president for administration shall serve as chair of the election commission. In his
or her absence, the Associated Students president shall serve as chair.
B.
Selection
i.
Two senators from each class shall serve as voting members of the election commission.
ii.
The vice president of administration shall appoint each senator.
C.
Conflict of Interest
i.
No candidate may participate in any function of the election commission. Should an election
commissioner elect to run for office in an upcoming election, the commissioner must file a
letter with the commission chair prior to the beginning of the election. If the commission
chair elects to run in an election, he must file a letter with the Associated Students president,
who will function as the interim commission chair.
ii.
Interim appointments of voting members shall be made by the commission chair and are not
subject to Senate approval. The ratio of class delegation representation should be maintained
at all times when possible. If not possible to maintain class delegation representation, the
commission shall first attempt to be filled with senators from the senior class.
D.
Quorum shall be defined at one-half the voting members of the commission.
Section 1.04 Complaints and Recounts
A.
Any formal complaint, destruction or theft of another candidate property shall be reported to the
chair of the election commission. Subsequently the chair shall call a hearing of the commission .
After testimony from both the plaintiff and the defendant, and pertinent investigation, the
commission shall deliberate and reach a decision.
B.
The decision of the election commission is final. A ruling can only be appealed to the judicial tribunal
on grounds of unconstitutionality. The appeal must be submitted in writing within three days of the
decision.
C.
If the election commission finds the defendant responsible this could result in disqualification from a
race.
D.
Original designs shall be defined as intellectual property.
Election Code of the Associated Students of Saint Mary’s College
2
Section 1.05 Schedule
A.
Candidacy petitions shall be made available no later than one week prior to the submittal deadline.
B.
All candidates shall complete a petition and position papers (see below, section 1.07) due on
submittal deadline.
C.
All candidates shall have at least three full days of formal campaigning prior to the beginning of the
balloting.
D.
General balloting shall take place during a two-day period, during hours prescribed by the election
commission.
E.
Run-off balloting shall be utilized, if necessary, on a one-day period, during the hours prescribed by
the election commission.
F.
Results shall be certified and canvassed by the election commission chair. Only after certification
shall results be official. Certification shall be delayed until all challenges and recounts are settled.
Section 1.06 Eligibility of Candidates
A.
Eligibility shall be determined by the election commission, in accordance with the constitution,
bylaws, and election code.
B.
No Association member shall hold more than one elected position at one time. No Association
member shall run for more than two elected positions simultaneously.
C.
Disqualified candidates or candidates withdrawing from the race shall have their names removed
from the ballot.
Section 1.07 Candidacy Petitions
A.
The office for which a candidate runs shall be written on the candidacy petition at the time it is
administered by the election commission chair, or his or her designee.
B.
The election commission shall, upon receipt of candidate’s petition with the requisite number of
signatures, determine the validity thereof.
Signature requirements shall be:
i.
Executive Council: 100.
ii.
Senator: 75.
C.
The election commission shall verify at least ten percent (10%) of the signatures by random method.
D.
The election commission shall maintain and compile a list of candidates as petitions are requested
from the commission. This list must be available for public inspection.
E.
The candidate may only collect signatures from his or her constituents. Candidates seeking executive
office may collect signatures from constituents who will be present during the time of his or her
tenure. Candidates seeking senator office may collect signatures from constitutes in from the class
that the candidate will represent.
Section 1.08 Posting and Distribution Requirements
A. Posting and distribution requirements shall be set by the posting policy described in the student
handbook and by the office of Student Involvement and Leadership
B. No door-to-door campaigning in the residence hall will happen on election days. Those who are
found in violation of this will be subject to review by the election commission and may be
disqualified from the race.
C. Copyrighted material shall not be used in the campaign.
Section 1.09 Spending Limits
A.
No candidate for executive council shall spend more than $125.00 (non refundable) on any material
used during the election.
B.
No candidate for class senator shall spend more than $75.00 (non refundable) on any election
material used during the election.
Approved: April 29, 2012
Election Code of the Associated Students of Saint Mary’s College
C.
D.
E.
F.
G.
3
Run-off expenses shall be allowed to total no more than one-half the amount allowed in preparation
for the general election.
All receipts must be turned in by the closing of balloting in the general election and by the closing of
balloting in the run-off election.
The value of any materials purchased without receipts shall be estimated at market values. The value
of any donations shall be listed as expenditure, with a price set by market values.
Donated labor need not be reported as expenditure.
All prices shall include the sales tax of the area in which materials were purchased.
Section 1.10 Endorsements
No judicial tribunal justices or election commissioner may publicly endorse any candidate in any election- this
will lead to immediate termination of candidacy.
Section 1.11 Balloting
Balloting shall be conducted with at the direction of the election commission, in accordance with the
constitution, bylaws, and election Code.
A.
Only members of the Association may vote in any election.
B.
No voter shall attempt to vote more than one time in any single election.
C.
Only constituents of a race may vote in a particular race.
In the spring elections:
i.
Only Association members who are recognized by the registrar as freshman at the time of
the election may vote for sophomore class leadership.
ii.
Only Association members who are recognized by the registrar as sophomores at the time of
the election may vote for junior class leadership.
iii.
Only Association members who are recognized by the registrar as juniors at the time of the
election may vote for senior class leadership.
iv.
Only Association members who are recognized by the registrar as freshmen, sophomore, or
junior students at the time of the election may vote for executive council positions.
In the autumn elections:
i.
Only Association members who are freshmen at the time of the election may vote for
freshman class leadership.
ii.
Only Association members who are sophomores at the time of the election may vote for
sophomore class leadership.
iii.
Only Association members who are juniors at the time of the election may vote for junior
class leadership.
iv.
Only Association members who are seniors at the time of the election may vote for senior
class leadership.
v.
If an executive council election is postponed until the fall, Association members who are
freshmen, sophomore, junior, or senior students at the time of the election may vote for
executive council positions.
D.
The election commission shall conduct audits on the cast ballots when fraud is suspected or when
deemed necessary.
E.
The election commission shall provide a fair and efficient process to ensure against election fraud.
Section 1.12 Recall
The Association may recall any elected member of the Associated Students.
A.
To be considered, a recall petition must include the names and student ID numbers of twenty
percent of all constituents of an elected official’s constituency. The petition must clearly state the
intent to recall on every page of the petition. A completed petition shall be presented to the vice
president for administration.
B.
In the case that the intended recall is for the vice president for administration, it shall be presented to
the Associated Students president.
Approved: April 29, 2012
Election Code of the Associated Students of Saint Mary’s College
C.
D.
E.
4
An elected official being recalled shall be given one week of notice prior to the recall election.
The recall election shall be conducted according to rules established for a general election. The ballot
shall ask the constituency to support or oppose the recall.
Should a simple majority favor the recall, the elected official shall be removed from office
immediately. The vacancy shall be filled according to pertinent vacancy rules in the constitution,
bylaws, and election code.
Approved: April 29, 2012
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