8/2/2019 Bill 11-12-051

1/23

American University StudentGovernment2011-2012 BILL 11-L2-051A BiII to Beform Elections Policy

IN THE SE\MNTH UI{DERGRADUATE SENATEAPRIL 2012

Mr. KELLY for the Class of 2015Mr. WISNIEWSKI for the Campus At-LargeAs Amended by the Committee forStudents'Rights and Judicial Affairs 17 April 2012.As Amended by the Undergraduate Senate on 22 April 2012.

Whereas, the fair and free functioning of elections is essential, and;Whereas, the Committee for the Review of Elections Policy and Enforcement (CREPE) hasrecommended these changes to the Board of Elections Policy Book, and;Whereas reforming the elections process is necessary to create fair and free elections,Therefore, be it enactedthat the Board of Elections Policy Book be stricken and replaced with

the following:SECTION 1. BYLAWS AMENDMENT

(a) Article VII, Section 2, Subsection i will be amended to read:"Subsection i. PurposeThere shall be established a Board of Elections with exclusiveauthority and duty of conducting such elections as required orprovided by the Senate. No other department of the StudentGovernment shall take an active part in elections, save assistingthe Board of Elections in the execution of its duties."(b) Article VIII, Section 2, Subsection iii will be amended to read"Subsection iii. CompositionThe Board shall be composed of members chosen by the Chairand the Vice-Chair. There shall be at least five (5) regularmembers, including the Chair, and at least three (3) appellatemembers, including the Vice-Chair. Such mernbers may beappointed in such a manner as suits the Chair and Vice- Chair.Such mernbers may serve in the Student Government; howeverthey may not be involved in any manner in any campaigns duringtheir service. Such members may be removed at the discretion ofthe Chair and the Vice-Chair."(c) Article VIII, Section 3 will be amended to read:

8/2/2019 Bill 11-12-051

2/23

"Subsection i. PolicyBoard of Elections Policy will be established in two policy books:the Elections Regulations, which will detail the rules forcampaigning, penalties for infractions of such rules, proceduresfor campaign finance, and the Standing Rules of the Board ofElections, which will detail Board of Elections procedure.Subsection ii. Elections ReviewFollowing the spring election of each year, the Board of Electionsshall review of Board of Elections Policy. The Board of Electionsshall submit a report to the Senate outlining recommendations forreform or execution in the coming year. The Board of ElectionsPolicy Book shall automatically be placed on the agenda of thefrst meeting of the Undergraduate Senate held during the new

academic year.Subsectioniii. AmendmentThe Senate may amend the Board of Elections Policy Book,

though any such changes will only take effect three (3) weeksfrom the date of promulgation or following the next election,whichever comes first. Such changes will be treated in the samemanner as any other election regulations during the Board'sreview."SECTION 2. ELECTIONS REGULATIONS(a) In accordance with the Bylaws as outlined above, the Elections Regulations will read:

..ARTICLE I. ELECTION ETHICSSubsection 1. Candidates and their staffs are responsible for following all electionrules, as set forth in Elections Regulations, Standing ElectionPolicies, Policy Opinions and instructions of Board of Elections

members.Subsection 2. No candidate or campaign staff member shall attempt to manipulateor sway the opinion of a Board of Elections membet.Subsection 3. Candidates shall not make defamatory statements of fesotr tounprofessional campatgning, including but not limited to:(t) Unauthorized temoval of campargn posters, banners, or chalking(ii) Distribution of slanderous materials(ttr) Publication of slanderous comments via electtonic mediums

CANDIDACY ANDRTICLE II.Section i.

{}r{l I I l:-r {t,"ril

REQUIREMENTS FORBALLOTINGNomination Petitions

-2

8/2/2019 Bill 11-12-051

3/23

8/2/2019 Bill 11-12-051

4/23

Subsection 3.

Section iv.Subsection 1.

Subsection 2.

Subsection 3.

Subsection 4.

Subsection 5.

Section v.Subsection 1.

Subsection 2.

Section vi.Subsection 1.

Potential candidates also need to be cleared by the office of StudentActivities to ensure that potential candidates are compliant withUniversity standards for student leadership positions. Failure to meetUniversity requirements shall render the student ineltgfile forcandidacy.The Nominating Convention and Candidacy CertificationThe Board of Elections shall hold a Nominating Convention whereall necessary nomination documents will be due to the Board ofElections and the Student Government Advisor for verification. Allcandidates are required to attend the Convention.Campaigning by candidates or their staff shall not be allowed until atime established by the Board of Elections.Only the Board of Elections may declare candidacy. Potentialcandidates may not declare their own candidacy by any means.The term "certified candidate" shall apply to students who havecompleted all forms and necessary formahties, and have been dulynotified by the Board of Elections of their certification and clearanceto run a campaign and participate in election activities.The Board of Elections shall be responsible for conftming andposting the list of certified candidates via the Board of Electionswebsite.Write-In CandidacyWrite-In Candidates must follow all election related policies oudinedhere, except for Nominating Petition requirements.Each potential wtite-in candidate shall submit aDeclaraion of Write-In Candidacy Form, as well as any othet documents required by theBoard of Elections.

Subsection 3. To win as a write-in, a candidate must win a clear plurality of thevote. Any ties between write-ins shall result in no candidate beingelected.Subsection 4. Undeclared Wdte-In Candidates that win by virtue of spontaneous

election shall be required to formally accept or refuse their election tooffice, in writing or by elecmonic documentation.Ticketing

Potential candidates may choose to run on a ticket campaign, as longas all candidates represent identical constituencies.

Iiiil I l-l:-ii;{} -4

8/2/2019 Bill 11-12-051

5/23

Subsection 2. For Senate elections, any created ticket shall be limited to two (2)candidates. Fot Executives and Class/School Councils, tickets maybe created fot a full slate or any portion thereof.

Subsection 3. A Declaration of Ticket Candidacy Form must be submitted for theBoard of Elections to officially approve and recognize a ticketcampaign.

Section vii. Changes In CandidacySubsectron 1. A candidate may change constituencies or positrons within 48 hoursof the Nominating Convention, as long as;(t) The signatures necessary to run in said constituency or position have been

gathered and verified by the Board of Elections(ii) The frst constituency/position has more candidates than can win, and thesecond constituency/position has so few candidates that appointments willbe necessarl, of no competrUon is present.(lr) The change will not give the candidate an advantaqe over any othercandidate in either of the constituencies or positions involved.Subsection 2. Change of Candidacy Requests must be filed within forty-eight (48)hours of the public announcement of candidates by the Board of

Elections.Subsection 3. The Board of Elections shall notify affected candidates, the genetalpublic and relevant University offices of the change.

Section viii. Balloting of Candidates and Withdtawal of CandidacySubsection 1. The Board of Elections, working with relevant University offices,shall determine the time, place, and manner for a fau ballotingprocess and notify all candidates of the procedure.Subsection 2. Candidates may withdraw from a parttct-Lar race by writing, no laterthan five (5) days after the Nomrnating Convention.

ARTICLE III. CAMPAIGN RULESSection i. Definitions of Active and Passive Campaigning

Subsection 1. Campaigning is defined as actions that promote the election or defeatof any candidate.

Subsection 2. Active Campaigning is campaigning for a paricvlar candidatethrough physical actions or direct human manipulation of resoutces,including, but not Limited to:1) Passing out or the act of posting campaign materials.2) Authorized vocaLzaion of campaign slogans or verbal solicitation ofsupport fot a candidate in apptoved venues.Ilrill}"l:,1"{i"",{} -5-

8/2/2019 Bill 11-12-051

6/23

3)4)5)6)

Delivety of campargn related speeches and talks.Picketing in approved areas fot campaigning.Committing the above through electronic mediums.Filming of campaign videos

3. Passive Campaigning is campaigning fot a paticulat candidatethrough indirect actions ot indirect human manipulation of resoutcesincluding, but not limited to:

Displaying campaign related materials in static locations.Posters hanging in approved locations.Submitting material fot publication in print or electronic mediums.Updating electronic media like Facebook statuses, Twitter accounts.Displaying campaign telated materials through profile pictutes ofelectronic media.

Subsection

1)2)3)4)s)

Subsecuon 4. These definitions will be furthet defined by Standing ElectionPolicies and Policy Opinions, as well as extant Student Governmentand Amedcan University policy.Section ii. Campaign Matedals

Subsection 1. Campaign materials ^te afiy and a17 materials created or made toadvocate for the election of a candrdate, including, but not limited to:(, Posters(ii) Quarter Sheets(*) Electronic Mediums(iv) Banners(") Clothing(vi) Campaign Buttons(vii) Chalkings and Window Signs

Subsection 2. All campaign materials must be submitted to the Board of Electionsfot teview and approval prior to dissemination. Distribution orposting of anv unsanctioned materials shall constitute a violation ofthese policies.

Subsection 3. Campaign materials must comply with all American Universitypolicies, as well as all rules and policies undet local and federal law.Subsection 4. Candidates running on a ticket must have the names of all candidatesin the ticket on all campaign publications and materials.

Section iii. Electtonic Medium PoliciesSubsection 1. Candidates may use various electronic mediums for campargning andcampaign communications, including but not limited to:(, Facebook(ii) Twitter(iii) \X/ebsites

6lrli ll l.j{}r.}{}

8/2/2019 Bill 11-12-051

7/23

(iv) EmailSubsection 2. All electronic mediums ate subject to review by the Board ofElections, and all. televant URL addresses, email addtesses, Facebook

names, Twitter names and other addtesses will be turned over to theBoard prior to theit publicauon.Subsection 3. No electronic medium shall be displayed before the Board ofElections established timeftame.Subsection 4. All electronic media shall have at least two members of the Board ofElections as member (e.g., fans, followers, etc.) . Candidates shall not

send messages excluding said members or delete said members.Subsection 5. Candidates shall register, via the Campaign Staff Declaration Form,the official email address for correspondence with the Board ofElections. Candidates shall also register ^ny other officialcommunication tools that shall be u'ilized for campaign

communications.Subsection 6. Candidates may not campaign outside of Board of Electionsapproved electronic media.Subsection 7. Endorsing organizattons must follow all pohcies for campaigning and

electronic mediums while camp"-gning for any candidate.Section iv. Campaigning Policies

Subsection 1. Candidates may prepare for elections before the campaign periodbegins, as long as they take steps to ensure that non-campaignAmerican University students do not see or hear campubmng.Preparations include, but are not limited to:(t Electronic media creation(ii) Cteation of campaign matedals(-) Filrning campaign videosExamples of permitted preparation, include but are not limited to:(t Filming videos ori the National Mall(u) Creating posters in a candidate's room

Examples of prohibited preparation, include but are not Limited to:(t Filming in public areas on campus(u) Creating posters in public areas on campusSubsection 2. No Active Campargning Zones shall be estabhshed in the followrngplaces. No posters may be put in these areas.

Bender LlbraryBuder PavilionBender ArenaJacobs Fitness CenterAll AU Shutde Buses and AU Shutde Stops

(')(ii)(-)(t")(v)

Ililllll':r,tr

8/2/2019 Bill 11-12-051

8/23

Subsection 3.

Subsection 4.

Subsection 5.

Subsection (r.

Subsection 7.

Subsection 8.

Subsection 9.

Subsection 10.

Subsection 11,

No active or passive campaigning shall be permitted in the l(aySpiritual Life Center.Active campaigning shall bc prohibited in the Mary Graydon Centetand all academic buildings, but the placement of campaign posters isallowed in academic buildings, when approved by the Board ofElections.No campaigning activities may obstruct the normal operation oracademic functions of the University community.General Posting Boards shall have a limit of two (2) posters of the 8"x 11," size per board. Latger posters of a sbe no larger fhan 11" x L7"shall be limited to one (1) poster per general posting board. Allposters posted by candidates shall follow all policies of the StudentGovernment and American University. The unauthorized addition orremoval of campatgn posters shall constitute a violation of thesepolicies.Posters may be hung on residence hall doors with the consent of theresident(s) therein.A total of four (4) chalkings will be permitted per campaign. Theseare restricted to one (1) on the north side of campus, one (1) on thesouth side of campus, and two (2) on the main quad. The size ofthese chalkings shouid not exceed thirty-six (36) square feet in total.Chalkings are measured by placing a rectang;le around the chalkingand multiplying the length and width.Ticketed campaigns are still permitted four (4) chalkings. However,their chalkings may be up to sixty (60) square feet increasing by six(6) square feet per additional candidate.No campaign materials may be scattered in any fashion or in anyplace. Any materials may only be physically handed to individualsabeady engaged in conversation with the candidate. Merely passingout materials is considered solicitation and prohibited.To campaign in tesidence halls, candidates must get the permissionof the Residence Director for specific times and locations via email.They shali forward this emaii to the Board of elections and carry acopy while rn the residence halls. At no time shall the in-hallcampargnrng of candidates interfere with the normal sleep or study ofresidentsUpon the opening of polls, no active campaigning of any kind shallbe permitted within any tesidence hall. Active campaignrng shall belimited to the Main Quad and electronic media, and shall ceaseimmediately upon the close of polling.

Subsection 12.

8-

8/2/2019 Bill 11-12-051

9/23

Subsection 13.

Section v.

All materials must be removed within forty-eight (48) houts of theclose of polls.Campaign Staff Responsibility and Student GovernmentOfficial Involvement

CAMPAI GN FINANCE PROCEDURESReporting

Subsection 1. Each candidate is responsible for the actions of theit campaignmaflagers, staff and supporters. Violations by candidates will betreated most severely, followed by camp^\gn mafla;gers, then staff,and finally supporters.Subsection 2. Using undeclared staff during campaigning shall constitute a violationof election policy. The Board of Elections v/ill decide if anundeclared individual should be considered a campaign staff member.Subsection 3. Actions by members of ticketing campargn staff shall have

consequences on all members of the ticket, and the applied sanctionsshall affect the ticket campaign as a whole.

Subsection 4. No member of the Board of Elections or Judicial Board may be partof a campaign or publically endorse any candidates.Subsection 5. All officers of the Student Government shall be prohibited fromutilizing theit duties, powers, ot ptivileges, by word or deed, tosupport andf or disparage any campaign. This does not include theu ilization of trdes in endorsements.Subsection 6. Candidates found to be utilizing members of the StudentGovetnment listed in Subsection 4 in their campaign activities or in

breach of Subsection 5, are in violation of Elections Regulations. TheBoatd of Elections will remand the conduct of offending StudentGovernment officials to the Undergraduate Senate.

ARTICLE IV.Section i.

Subsection 1. The Boatd of Elections will maint^tn afl electronic report of eachcandidate's finances. The candidate frray request a copy of theirfinances and should report discrepancies to the Board of Elections.Subsection 2. Candidates must submit receipts to the Board of Elections withintwenty-four (24) houts of each expenditure.Subsection 3. The following materials r,nay be used without declaration:(1) Chalk(i) Black-and-White Photocopies and Quarter Sheets(-) Office Tape (Scotch tape)(t) Office Staples

llill 1 ]'I:l'{i;{} -9

8/2/2019 Bill 11-12-051

10/23

Section ii.Subsection 1.

Subsection 2.

Subsection 3

Subsection 4.

Subsection 5.

Subsection 6.

Subsection 7.

Section iii.Subsection 1.

Subsection 2.

Subsection 5.

{{iXl l }" 1:{ {}r}t}

Subsection 3. Candidates who wish to accept this funding must acquire twice thenumber of signatures on their petitions to run as required normallyfor their race.Subsection 4. Spending shall still be limited to $200.00. Spending for items that donot count towards spending limits (e.g., chalk, black-and-whitecopies) still seunl as Paft of the Leadership Grant funds that acandidate teceives but not the spending limit.

Candidates will procure this funding through purchase cards held bythe Board of Elections. They will be required to sign out and srgn in

Campaign Finance Limits and PoliciesCandidates in Senate and Class/School Council Elections may spendup to $60.00 in the course of campaigning.Candidates in teguiar Executive Elections may spend up to $200.00in the course of campaigning.All spending fot a candidate, whether by the candidatehimself/herself or not, will be considered part of the candidate'sspending limit.Ticketing candidates may spend the combined total of the allotmentallowed fot each candidate. All expenditures must be recorded on thecampaign finance forms of all candrdates on the ticket.In the case of special elections or run-off elections, the paticipatrngcandidates shall be allotted 50o/o of the regular election flnance limit.At no time shall any American University, Student Government, orstudent otganiz,atton funds or physical resources be utilized in theadvancement of any campaign, except for funds provided under theLeadership Grant.Failure to adhere to campaign finance limits shall be grounds fordisqualification, though disquaiification is not required.Campaign Leadetship GrantCandidates running for any Executive position are eligible to receivefunding from Student Gorrernment for their race.Candidates who wish to accept these funds must do so no latet thanthe Nominating Convention. Write-In candidates will not qualify forthis funding. Candidates who ate in non-competitive races cannotteceive funding, unless an official write-in candidate entefs the race.The candidate must have designated their interest in receiving thisfunding at the Nominating Convention.

-10-

8/2/2019 Bill 11-12-051

11/23

the purchase cards and will be limited to havrng one for five (5)houts. Should no member of the Board of Elections be available inthe office, the candidate must turn in the purchase card to the Officeof Student Activities and notify the Chair of the Board of Electionsimmediately. Only candidates themselves will be allowed to sign out,,use, and return the purchase card.Subsection 6. \il4ren returning the purchas e card, the candidate must turn in boththe original receipt and a copy to the Board of Elections. Thesereceipts must be returned with the purchase card. If no Board ofElections member is available to receive the receipts, the candidatemust contact the Chair of the Board of Elections immediately to

establish a time when the receipts may be turned in.Subsection 7. Turning in a putchase card or receipt late may result in disciplinaryaction, including, but not limited to, suspension of the candidate'scampaign.Subsection B. Loss of a purchase card shall result in disciplinary action, possiblyincluding removal from the ballot.Subsection 9. All purchases must be elections related. Any misuse of funds shalltesult in disqualification from elections and frrrther Universitysanctions.

ARTICLE V. ENDORSEMENT PROCEDURESSection i.

Subsection 1.

Subsection 2.

Subsection 3.

Subsection 4.

Approved Endorsement EntitiesAll non-academic organtzaions and societies recognized by theOffice of Student Activities may endorse candidates, excludingStudent Govetnment entities, departrnents, and subsidiary bodies.The Board of Elections shall notify all organaations of the stat ofthe electotal cycle and provide groups with the proper endorsementprocedure.Any organbatton wishing to endorse candidates shall notify theBoard of Elections. Endorsement must be an open process availableto ^ny candidate seeking to apply. Applications for an endorsementwill be sent to the Board, which will place the apptcations online soany candidate meeting the requirements may apply.Endorsement applications shall be available to all candidates on theBoard of Elections website for a minimum of forty-eight (48) hoursafter the application is posted. It is the responsibility the candidate orhis/het campaign to check for endorsement applications on the BOEwebsite. The Board of Elections will be responsible for notifyingcandidates of new endorsement applications. -11.-lrll I1 1'r'ir,ti

8/2/2019 Bill 11-12-051

12/23

8/2/2019 Bill 11-12-051

13/23

Subsection 5. Only a Formal Heating may result in removal from ballot ordisqualification fiom the election.Section ii. Violation Classifi cations

Subsection 1. Electjon Policy Violations shall be classified in the following manner:(1) Class I Violations are minor offenses and issues with minor pre-cettificationcampaigning and other minor pre-Nomination Convention infractions.(ii) Class II Violations are offenses dealing with (1) mass dissemination orpublication of unapproved materials, websites, and other electronicmediums, (2) non-minor Class I Violations, (3) breaches of campaigningpolicies under Article VI of these policies and breaches of endotsementprocedures, and (4) Administrative Violations, violations of proceduresnecessary to Board of Elections administration, such as the return ofreceipts.(rlr) Class III Violations arc major offenses dealing with violations of CampaignEthics and at least two Class II violations.(iv) Class IV Violations are serious offenses of election ethics, or at least twoClass I andf or II Violations, as well as uncofrectable violations of AtticleVI.(") Class V Violations are egtegious violations of any established Board ofElections reguiations that severely damage the fairness or integrity of theelection.

Subsection 2. The Board of Elections shall apply the spirit of the Bylaws andElections Regulations with equal weight to the in all classifications ofviolations.Subsection 3. Removal from the ballot shall only be available for Class VViolations, and extteme Class fV Violations. Disqualification shallonly be available for the most extreme Class V Violations.

Section vii. Sanctions Available to the Boatd of ElectionsSubsection 1. The Board of Elections shall urilizs its best discretion and judgmentto apply sanctions that are fatt andwithin the scope of the violation.Subsection 2. Sanctions available to the Boatd of Elections include, but are notlimited to:(, Open and Public Letter of Apology(ii) Limiting of Campaign Time(tii) Restriction of Campaign Finance Allowance(iv) Election Violation Fine(") Removal ot Deletion of Materials(vi) Removal from the Ballot(vii) Correction of Violation

(viii) Susp ension of Camp argn Activities(ix) Revocation of Endorsement Allowancelt;il I t t:-{}.tr} 13-

8/2/2019 Bill 11-12-051

14/23

8/2/2019 Bill 11-12-051

15/23

Subsection 4. The Board of Elections shall ensure that equal opportunity is given toboth proponents and opponents of the question within debates,panel discussions, and othet events sponsored by organizations.

Subsection 5. The Board of Elections shall be notified two (2) days in advance ofail. otganbation-sponsored events fot discussion on any referendaissue. These events must give equal opportunity to both proponentsand opponents."

SECTION 3. THE STANDING RULES OF THE BOARD OF ELECTIONS(a) In accordanoe with the Bylaws as outlined above, the Standing Rules of the Board ofElections will read:*ARTICLE I.

Section i.Subsection 1.

Subsection 2.

THE BOARD OF ELECTIONSCompositionThe Board of Elections shall have at least five (5) regular votingmembers, including the Chair, and shall have a of no more than nine(9) regular voting members.The Board of Elections shall have no less than three (3) AppellateMembers and no more than five (5) Appellate Membets, includingthe Vice Chair of the Board of Elections, who shall serve as the Chairof the Appellate Panel. These members may also serve as proxies forregular members of the Board of Elections, dudng regular meetingsof the Board.

Subsection 3. The Chat of the Boatd of Elections may create offices and distributeresponsibilities as necessary.

Section ii. Responsibilities and Powers of the Board of ElectionsSubsection 1. The Board of Elections shall exercise the powers prescribed in theBylaws, including:

Creating elcction policiesA dministering all electionsAdjudicating of clcction-related violations and inquiriesAdministering of sanctions and penalticsOther necessary and reasonable powers gtanted by the GoverningDocuments, Acts of the Senate, or Judicial Orders and Opinions fotensuring a safe, secure, and fat elections process.

Subsection 2. The Board of Elections is emporvered to investigate electionsviolations committed as prescribed by Board of Elections andStudent Government policy. Such violations shall be adjudicated inthe mannet prescribed by the Board of Elcctions Policy Book.Section iii.ll.rii

(r)(ii)(-)('')6i

ll l ,i , Vacancies -15-

8/2/2019 Bill 11-12-051

16/23

Subsection 1. All vacant positions left unfilled at the first information session of theFall Election Cycle shall be up for election duting said cycle. Vacantpositions after the Fall Election Cycle shall be turned over to theappropriate officers for appointment following the close of the FallElection Cycle.Subsection 2. The Boatd of Elections shall ensure that all vacancies ate publishedon its websites.

ARTICLE II. OFFICERSSection i.

Subsection 1.

Subsection 2.

Subsection 3.

Subsection 4.

Subsection 5.

Subsection 6.

Subsection 7.

Section ii.Subsection 1.

The Chair of the Board of ElectionsThe Chair of the Board of Elections shall serve as the head of theBoard of Elections and format the agenda fot and shall preside overall regular and emergency meetings of the Board, as well as all FotmalHearings and Deliberative Conferences.The Chair of the Boatd of Elections shall serve as the Respondentfor all appeals before the Board of Elections Appellate Panel, as wellas the Judicial Board. Should the Chair not be a member of themajority opinion in a case, those members of the Board in themajodty shall elect a member to serve as Respondent fot all appeals.The Chair of the Board of Elections shall maintain contact with theStudent Government Advisor(s), the Executives, ^tty televantmembers of the Executive branch, the Speaker of the UndergtaduateSenate, any r.elevant legislative committee chairs, as well as the Chairof the Judicial Board.The Chair of the Board of Elections shall sign all necessarycorrespondence of the Board of Elections and shall review allpublications of the Board prior to their dissemination to the generalpublic.The Chair of the Board of Elections shall be responsible for any andall reports given to the Undergraduate Senate.At no time shall the Chair of the Board of Elections simultaneouslyserve as Chair or as a member of the Judicial Board.The Chair of the Board of Elections shall be the primary financialofficial of the Board and shall be responsible for all forms andpfocesses.The Vice Chait of the Boatd of ElectionsThe Vice Chair of the Board of Elections shall be appointed by theChair of the Board of Elections. He/she shall preside at all appeals

llill ll l:l-{}:''{} -16

8/2/2019 Bill 11-12-051

17/23

Subsection 2.

Subsection 3.

Section iii.Subsection 1.

Subsection 2.

Subsection 3.

ARTICLE III.Section i.

Subsection 1.

Subsection 3.Subsection 4.

Subsection 5.

Subsection 6.

{}r}{}

Subsection 2. Emergency meetings may be called by the Chair of the Board ofElections or by the request of three (3) or more regular members ofthe Board.

proceedings of the Boatd and regular meetings of the Board, in theabsence of the Chair.The Vice Chair shall sign all notices and decisions of the Board ofElections Appellate Panel, and shall vote as a member of the same.The Vice Chair shall serve as acting Challr of the Board of Elections,fulfiltng the duties and exercising the powers thereof, should bychance or by design, the Chair should be incapable of fulfilling theduties of the office.The Clerk of the Board of ElectionsThe Cletk of the Board of Elections shall be appointed by the Chairof the Board of Elections. He/she shall take minutes of all meetingsand headngs of the Board, and shall attest to any decisions oropinions by virtue of his/her signature, unless the Chair appoints anacting clerk for a specific hearing or meeting.The Cletk shall be responsible for publishing all offrcial decisions andnotices of the Board via the website.The Clerk shall serve as acting Chair of the Board of Electionsshould by chance or by design, the Chair and Vice Chait be incapableof fulfilling the duties of the office.MEETINGSMeetings of the Board of ElectionsThe Board shall meet regularly relative to the demand upon theirduties.

Quorum for meetings of the Board shall be equal to a majottty.Regular meetings of the Board of Elections will be announced andmade public via the Board of Elections website .All meetings of the Board of Elections shall be documented viaminutes by the Clerk of the Board of Elections. All regular meetingand fotmal heanng minutes shall be published. Violation adjudicationand deliberative conference minutes shall be reserved for the Boardof Elections, alone.All elected and appointed officers and the Advisor(s) of the StudentGovernment shall have full speaking rights dutng regular meetings

trrill NI t: L7-

8/2/2019 Bill 11-12-051

18/23

Subsection 7.

Subsection 8.

Section ii.Subsectron 1.

Subsection 2.

Section iii.Subsection 1.

Subsection 2.

Subsection 3.

Subsection 4.

Subsection 5.

ARTICLE IV. POLICY

of the Board, but may not vote, make motions, or serve as a proxy.The Boatd m^y grant speaking rights to any individual by a majoty.Formal Hearings shall be open to the public, however, DeliberativeConferences shall be closed to the general public and AppellateMembers of the Board of Elections.Formal hearings of the Board of Elections must be attended by atleast five (5) Board members. Appellate Hearings must be attendedby at least thtee (3) Appellate members.Formal HeadngsA Formal Heanng shall be the hdhest level of adjudication forelection violations, and the site of Policy mqufuy hearings.Members of the Board of Elections with a conflict of interest rn anycases befote the Board shall be required to recuse themselves fromparticipation in the proceedings. Such a declaraion shall be made tothe Chair.Deliberative ConfetencesThe Boatd of Elections shall discuss and decide the outcome ofFormal Hearings and Policy Inquiries in Deliberative Conferences.Membets of the Board of Elections that are absent for the FormalHeating fot which the Deliberative Conference is convened shall bebarred from the Conference. These members may, with the consentof the Chat and Vice Chair, serve as proxies for absent AppellateMembers of the Board of Elections, and hear the appeal, if anyrequests for appeals are made.Deliberative Conferences shall convene within 6 hours of the close ofthe Fotmal Hearing, and shall return a decision within 12 hours uponconvening.Deliberative Conferences shall be carried out under the rules of aRegular Meeting of the Board and shall be documented for theBoard's internal records.At no time shall any member of the Board discuss the proceedings ofa Delibetative Conference. Violation of this provision shall open themember to any disciplinary acLion available under extant policies ofthe Student Govemment.

Section i.llilI I I n:t-{};,{}

Policy Order of Precedence and Poliry Instruments-18-

8/2/2019 Bill 11-12-051

19/23

8/2/2019 Bill 11-12-051

20/23

ARTICLE V.Section i.

Subsection 1.

Subsection 2.

Subsecuon 3.

Subsection 4.

Subsection 5.

Section ii.Subsection 1.

Subsection 1. Students may submit an inquiry on Board of Elections Policy orStanding Election Policies to the Board of Elections for clarificaionand rnterpretadon.

Subsection 2. Such inquiries shall be handled at a Formal Hearing and shall takeplace within 48 houts of the confirmation receipt of a submittedtnquiry or at the next tegular meetrng of the Board, should such aneveflt come soonef.

Subsection 3. Policy Inquiries shall result in a Policy Opinion, written withrn 48hours of the Formal Heanng. The Chait or ranking member of themajority opinion shall decide which member of the Board will writethe decision. The opinion shall frst be delivered to the inquirer andthen published to the general public via the website.Upon the publishing of a Policy Opinion, the Policy Opinion shall beenfotced by the Board of Elections as a part of elections policy as theofficial interpretation of blections policy.ADJUDICATIONRights of Complainants and RespondentsBoth parues will be given at least twenty-four (24) hours after theNotice of Formal Hearing is filed to prepare for a Formal Hearl-r:'g,unless both parties waive this right. Both parties shall receive a copyof the hearing procedures.Each party may object to the admission of evidence or request arecess, to be decided by a maiority vote of the Board.The Complatnant must submit all evidence and list all witnesses whenfiling a violation. New evidence or witnesses may be submitted atleast one (1) hour prior to the hearing. The Board of Elections willdecide its admissibiJity.The butden of proof rests on the Complainant, who must show thatthe respondent is responsible by clear and convincing evidence. TheComplainant must show, based on a preponderance of the evidence,that the respondent is responsible for each violation.Either p^fiy m y be represented by the carnpaign man ger, or byanother staff member, if designated by the candidate.Ptocedute

Subsection 4.

The complainant must file a Notice of Formal Headng, detailing thechatges to be filed against the respondent. The Notice of FormalHearing will include (1) the class of violation, (2) the specifrc policy[$ill I{"}:,i"{}:t{} 20-

8/2/2019 Bill 11-12-051

21/23

violated, and (3) the specific time, place, and manner in which theviolation occured.Subsection 2. The Chair of the Board of Elections will set a time and place for theFotmal Hearing, and send both parties the Notice of Fotmal

Hearing, the agenda, and the Formal Hearing procedures.Section iii. Formal Headng Ptocedures

Subsection 1. The Clerk shall read the charges against the respondent, as listed inthe Notice of Formal Hearing. The respondent will declate theirposition on each charge as "responsible" or "not responsible."Subsection 2. The Board of Elections will hear and decide any motions on theadmissibility of witnesses ot evidence, based on the Rules of

Evidence.Subsection 3. Beginning with the complainant, each party shall make their case in

the stated order:(, Opening Statement - 3 minutes(ii) Presentation of \X/itnesses and Evidence - 3 minutes pet witness(-) Questions from the Board - 10 minutesSubsection 4. After both presentations, both parties shall deliver a closingstatement no longer than five (5) minutes, beginning with thecomplainant.

Section iv. Rules of EvidenceSubsection 1. Only relevant material evidence may be admitted. Relevant evidence

makes essential facts of the violation more or less evident.Subsection 2. The Board may exclude evidence on the basis that it (1) is uelevantas defined above, (2) confuses central issues of the violation, (3)presents needlessly cumulative evidence, (4) is of dubiousauthenticity, or (5) is hearsay offered for the truth of the matter

asserted.Subsection 3. Evidence may include, but is not limited to, pictures, emails in theitonginal fotm, or other documents.Subsection 4. Each party shall be limited to three (3) witnesses.

ARTICLE VI. APPEALSSection i. Appellate Panel

Subsection 1. A majority shall be required for all decisions of the Appellate Panel.Bill 1 1"1:-{},;{} -2L-

8/2/2019 Bill 11-12-051

22/23

Subsection 2.

Subsection 3.

Section ii.Subsection 1.

Subsection 2.

Subsection 2.

Subsection 3.

Subsection 4.

Subsection 5.

Section iii.Subsection 1.

The Vice Chair of the Boatd of Elections and Appellate Members ofthe Board of Elections shall not participate in any way in any FormalHearing or Deliberative Conference of the regular Board ofElectrons.The Chair will appoint a Cletk for the Appellate Panel. In the case ofthe Appellate Clerk's absence, the Vice Chatt may appoint anappellate member to serve as acting clerk fot the Appellate Panel.ProcedureUpon receiving the decision of the Board of Elections from a FotmalHearing, a request for an appeal must be made to the Board ofElections within twenty-four (24) hours via email.The request should include (1) aspects of the decision beingappealed, (2) grounds on which the appellate panel should grantappeal, (3) the basis on which the decision should be overruled, and(fl the rules or precedents that support appeal.The Appellate Panel, upon receivng the request, shall hold aDeliberative Conference to teview the request and decide whether ornot to grant the appeal. A decision must be returned within twelve(12) hours of the receipt of the appeal. If the appeal is denied, thedecision of the Board of Elections is upheld. Should the appeal begranted, the Appellate Panel shall convene the Appeals Hearingwithin twenty-four (24) hours.The Appellate Panel shall address only the application of policy byafftming or revetsing the Board's decision, rn part or rn its entirety.Should the decision be reversed, the case shall be remanded to Boardof Electrons to apply the Appellate Panel's ruling, as designated in theopinion, to be reheard and decided within twenty-four (24) hours.All decisions of the Appellate Panel, including a denal to hear theappeal, may be appealed to the Judicial Board by the appellant or therepresentative of the opinion.Appeals ClaimsAny penalty stemming ftom a Formal Hearing carries with it thepossibility of an appeal. The decision of standing for appeal shall bemade by the Board of Elections Appellate PanelA party may claim error to admit or exclude evidence only if the erroraffects a substantial nght of the party. To appeal a ruling that admitsevidence, the party must have objected to the admission of suchevidence. To appeal a ding that excludes evidence, the party musthave offered that evidence to the Board.

llrJl I i I:l

Subsection 2.

-22

8/2/2019 Bill 11-12-051

23/23

Section iii. Appeals Hearing ProcedureSubsection 1. The Clerk will read the charges and decision of the Boatd ofElections in the case.Subsection 2. Beginning with the petitioner, each paty shall make their case in the

stated order. During the presentation of case, the Appellate Panelmay interject with questions for the presenter.(t Opening Statement - 3 minutes(ii) Presentation of Case - 7 minutes(") Questions ftom the Appellate Panel - 10 minutesSubsection 3. After both presentations, both parties shall delivet a closingstatement no longet than five (5) minutes, beginning with the

complainant.

SECTION 4. BOARD OF ELECTIONS(a) The current Board of Elections Policybook is rescinded by the Undergraduate Senate.

ARTICLE VI.Subsection 1.

Subsection 2.

BYAVOTE OF - TOPRESENT ON THIS DAY

Anna Vasylytsya

ACCOUNTABILITY POLI CIESAll necessary candidate recotds and fotms, excluding PolicyOpinions, Appeals Decisions, and minutes, from the Fall and Spnngelections will be desttoyed no less than one year. after the close ofpolls.The Chair of the Board of Elections create ^ tepofi for eachElection, detailing the Board's work, as well as recommendations forthe next cycle. This report shall be presented to the UndergraduateSenate and published via the website."

A ggrovsd b5 r^floni.noqj conscrttVOTES

fimothy R. McBridePresident of the Student Government

Speaker of the Undergraduate Senate R. the Student Government

{}ill l}".{:t {ii\{} -23