Utah State University Student Association Election Bylaws Logan Campus

Transcription

1 Utah State University Student Association Election Bylaws Logan Campus This document is ancillary to the USU/SA Constitution. Preamble The Utah State University Student Association election bylaws govern the election of both USU/SA candidates and referenda affecting the USU student body. These bylaws derive their authority from the USU/SA Constitution Article III, Section 7. The foundation of USU/SA elections rest on campaign ethics. Therefore, the following behavior is expected of candidates, campaign committees and supporters, and proponents and opponents of referenda. A. All students, regardless of race, color, religion, national origin, age, sex, gender, sexual orientation, gender identity/expression, and ability, will be treated fairly by campaigns, candidates, the Elections Committee, and the Hearing Board. B. Candidates and campaigns represent Utah State University. Behave respectfully towards opponents, fellow students, the community, and the Elections Committee. C. Bribery in any form, either to voters or other candidates, is prohibited. This prohibition extends broadly to candidates, campaign committee members, and to those who are supporting or opposing a cause, as well as anyone with a vested interest in an outcome of an election. D. Slander is prohibited. E. All candidates, campaigns, and proponents and opponents of referenda must follow all University policies, and local, state, and federal laws F. Each candidate shall be personally responsible for the entirety of his/her campaign and all deadlines established by the Elections Committee. G. No violation of the USU/SA Constitution will be permitted. I. Candidate Requirements A. All candidates, including write-ins, shall qualify according to Article III, Section 3 of the USU/SA Constitution (stated below). B. Good Standing 1. No student shall be eligible to run or apply for any USU/SA office if not in good standing. Once in office, anyone who fails to maintain good standing will immediately be placed on probation and may be subject to removal from office. a. All candidates must be in good standing with the Student Conduct Office. b. Students must be in Academic Good Standing. Students may not be on academic warning, probation, suspension, or dismissal. Additionally, students must maintain a cumulative USU GPA of 2.5. If a student has no USU GPA, their cumulative GPA will be used. i. Academic Good Standing shall be defined as: (i) Carrying a minimum of 12 credits per semester as an undergraduate, or considered a full-time student by the School of Graduate Studies during the academic year including the spring semester of election or appointment. (ii) Maintaining a GPA of a 2.5 or higher, for all semesters while in office including the spring semester of election or appointment. The summer semester shall only count for or against an officer s good standing if nine or more credits are taken. However, all summer classes will be calculated into the cumulative GPA. 2. If after election a USU/SA officer does not maintain good standing in any sense, then the following terms of probation will apply: 1

2 a. Probation will last one semester and serve as an opportunity for the officer to regain good standing. b. Any USU/SA officer not in good standing will be ineligible to receive their USU/SA scholarship; however, the monthly stipend is excluded from this restriction. For those officers not receiving a monthly stipend, they will be eligible to receive $ for the semester they are on probation. c. Any USU/SA officer who fails to regain good standing at the completion of the probation period will be immediately removed from office. d. Any appeals to the eligibility criteria may be submitted to the Office of the Vice President for Student Services. Any decisions made by this office are final. C. Graduate Studies Senator: Candidates running for Graduate Studies Senator must be a current fully matriculated graduate student in the School of Graduate Studies by the filing deadline. Matriculation requires the student to be in good standing and taking graduate courses. D. College Senatorial Positions: Candidates for the office of a college Senator must be registered in the college they wish to represent as of the filing deadline for Declaration of Candidacy in the USU/SA Election. Graduate students may run for a senatorial position in their respective college. E. Write-in Candidates: 1. Upon entering a race, write-in candidates must file a Declaration of Candidacy, but are not required to pay the $20 filing fee. 2. Write-in candidates will not be included in ads, pictures, or biographies paid for by the Elections Committee. 3. Write-in candidates must notify the Election Committee if they choose to participate in forums and debates during USU/SA Election Week. 4. Write-in candidates will not be present on the ballot. 5. Write-in candidates must abide by the USU/SA elections bylaws. F. Candidate Requirement Appeals 1. Truly extenuating circumstances may be cause to appeal candidate eligibility. 2. The Student Hearing Board may grant exception to candidate requirements based on circumstance. II. Timeline A. Deadlines: 1. A signed Declaration of Candidacy form is required to be an official candidate. The form should be signed by the current USU/SA officer holding the position. If the present officer is unavailable, or is a candidate, then the appropriate USU/SA advisor may sign. This form and a $20 non-refundable filing fee are due in TSC 326 on the date set by the USU/SA Elections Committee. a. Any student may apply for a waiver of this $20 fee if the student is eligible for a full Pell Grant. Other students may waive this fee through an appeal to the Elections Committee. b. The $20 filing fee is for processing purposes and publicity by the Elections Committee. Checks shall be made payable to USU/SA Elections. The filing fee will not be included in the total campaign expenditure limit of $200 or $ A candidate wishing to withdraw his or her Declaration of Candidacy may do so at any time in writing by submitting it to the Elections Chair. After the Elections Chair has received the withdrawal the candidate cannot be reinstated and the $20 filing fee will be forfeited. 3. If, after the filing deadline, there are no constitutionally-qualified candidates for an office(s), the Elections Committee shall reopen the filing process for that particular office(s), accepting Declaration of Candidacy forms at the date set by the Elections Committee. Notice of the secondary deadline shall be printed in The Utah Statesman. 2

3 B. Declared candidates must be at the mandatory campaign meeting held by the Elections Committee to review the election policies and procedures, and answer questions. Absence will result in automatic forfeiture of candidacy. While campaign managers are encouraged to come, they cannot take the place of the candidate. 1. Exceptions are rarely granted. Possible exceptions may include death in the immediate family or hospitalization. C. Every effort will be made to avoid conflict between college weeks and election week. D. Town hall meetings and candidate debates shall be facilitated by the Elections Committee. E. Clean-Up: 1. Primary candidates not advancing into final elections are responsible for removal of all campaign materials by the appropriate time set by the Elections Committee on the second night of Election Week following primary elections. 2. Final election candidates are responsible for the removal of all campaign materials by 4:00 p.m. on the final day of Election Week. 3. A $50 fee will be charged to any candidate who does not clean up all of his/her campaign materials by the appropriate time set by the Elections Committee. If the student does not abide by this regulation, the Hearing Board will meet with the student accordingly. 4. Any charges of vandalism will be investigated by the Hearing Board. USU is not responsible for any acts of vandalism committed by candidates, their campaigns, or their supporters. III. Voting A. Plurality to Elect: 1. The names of the two candidates on the primary ballot receiving the greatest number of votes shall be placed on the final ballot. 2. In final elections and special elections, the candidate who has the greatest number of votes will be declared the winner. B. Ballots: 1. The names of all candidates for each office shall be placed on the ballot in alphabetical order by last name, along with a space(s) for write-in candidate(s). a. All names on the ballot will be legal, given names. i. Permanent nicknames, however, may be approved by the Elections Committee, i.e., Bob for Robert, Sue for Susan. b. Ballots will be accessed via C. Eligibility to Vote: 1. A voter must be a current student of the Logan Campus of Utah State University. 2. In USU/SA Presidential and select referenda, elections will be open to all Regional Campus and Distance Education students. 3. Proxy voting is prohibited. 4. In senatorial races, students are only eligible to vote for Senators of their respective college. 5. If a student has declared a major in two or more separate colleges, they are eligible to vote for the Senatorial candidates running to represent each college. Only matriculated graduate students can vote for School of Graduate Studies Senator. D. Counting Votes: 1. Votes shall be tabulated immediately following the closing of the polls. a. No ballots will be accepted after the published time of closing. 2. Votes are tabulated and verified by a committee of two student involvement advisors, one staff member of the Information Technology (IT) department, Elections Chair, and the USU/SA President. 3. Tie Breaking Procedures 3

4 a. Should an exact numerical tie occur between any candidates running for a USU/SA elected position, the following outlined procedure has been established as the method of breaking the tie. b. Upon announcement of the final elections results, the tied candidates will be brought together by the Elections Chair, the current officer in the position of the tied candidates, and at least one of the student government advisors to follow these tie-breaking procedures. c. The tied candidates will be given one hour to choose, at their discretion, whether they would like to participate in a coin toss by neutral party or in a special one-day election to break the tie. This election will occur within two weeks of the final announcement, will be on the selected day from 9:00 a.m. to 3:00 p.m., and all USU/SA election bylaws shall apply, including remaining within the given budget allotment. d. If the candidates cannot come to a consensus within the hour given, the choice will be removed and a special one-day election will occur. e. If a second numerical tie should occur between the same candidates, the tie-breaking procedure will be a coin toss by a neutral third party. E. Results: After the votes are tabulated and verified, all results are final. This extends to candidates, initiatives, referenda, or any other matter submitted to the USU student body for a vote. IV. Money and Finance A. Campaign Spending: 1. Total Expenditures: Money directly spent on campaign materials and supplies. a. Executive Council candidates shall not exceed $400. b. Senatorial positions shall not exceed $ Candidates violating the campaign-spending limit (overspending) will be referred to the Hearing Board. 3. Audits: All candidates must submit a complete list of receipts for all campaign expenditures and donations to the Elections Committee. Candidates will be required to have two election audits, one during primary elections and one during final elections; candidates may be subject to additional audits if deemed necessary by the Elections Committee. a. If a receipt for an item is not available, or if the item has been donated, it will be assessed a fair market value by the Elections Committee. b. These financial statements must be submitted to the Elections Committee by the specified audit deadlines. In case of failure to submit a financial statement by the specified deadline, the candidate is disqualified. 4. Donations: a. Donations and other un-purchased material will be given a fair market value by the Elections Committee. i. Donations are to be included in campaign expenditures of $200 or $400. ii. Donations or other un-purchased material must be presented to the Elections Committee in writing and may not be used until the candidate has an official response. iii. Donations exceeding $50 must have appropriate documentation to be presented to the Elections Committee members serving as auditors. 5. Fair Market Value a. Fair Market Value: FMV is defined as an estimate of the value of property and services based on what an average buyer would pay to an average seller in the market. b. Actual Cost: Actual cost is defined as the cost presented on an official sales receipt. c. All donated materials are to be priced at fair market value. d. It is the responsibility of the candidate to obtain from the Elections Committee a fair market value for any campaign material not appearing on the list provided at the mandatory candidate meeting. 4

5 V. Campaign Rules A. Campaigning definitions: 1. Active: Engaging directly with students with the intent of pursuing their vote (i.e. handing out flyers). 2. Dynamic: Any activity meant to garner attention for a candidate (i.e. flash mobs). 3. Passive: Any activity meant to indirectly garner attention for a candidate (i.e. wearing campaign materials, posters, flyers, etc.) B. Pre-Filing Deadline 1. All campaigning is prohibited prior to the filing deadline. However, students may communicate verbally, either face-to-face or by phone, to learn the issues facing students and student organizations and to gain insight as to how to address those issues and concerns. a. Students may not solicit votes or support from students or groups. The purpose of this rule is to encourage potential candidates to learn the issues that face their peers. It is not for potential candidates to solicit votes or support. b. Published/broadcasted campaign materials (i.e. social media, videos, flyers, posters, text messages, s, radio, etc.) are strictly prohibited. C. Post-Filing Deadline 1. Students can verbally state they are running for a position and solicit support from students and student groups. 2. Printed items (i.e posters, cards, flyers, shirts, etc.) are not to be distributed prior to Election Week. 3. Social and online media campaigning may begin one week before primary elections begin, starting Monday at 7 a.m. D. On-Campus Campaigning during Election Week 1. Candidates may not stand in front of any door entering the Taggart Student Center (TSC). 2. Active and dynamic campaigning in the TSC, including the patio and plaza, is prohibited except at events sponsored by the Elections Committee. 3. No in-person solicitation or distribution of campaign materials is allowed in or within 50 feet of any computer lab or its entrances. 4. No candidate is permitted to engage in active or dynamic campaigning in the library, or on the immediate sidewalks on the east side of the library. 5. Candidates are strictly prohibited from active and dynamic campaigning in classrooms. a. Candidates are not allowed to engage in active and dynamic campaigning during any USU athletic event, club sport, programming event, or outside of these events while patrons are entering or exiting the building. i. This includes, but is not limited to: distributing campaign materials such as posters, banners, buttons, or flyers. 6. Sidewalk chalk is not allowed. 7. Candidates are prohibited from campaigning in on campus housing buildings. 8. No signs, posters, or banners may be hung on the outside of campus buildings including residence halls. 9. Flyers and other duplicated materials must be handed directly to potential voters. a. There will be no distribution of materials on vehicles within university parking lots or metered parking areas. b. Absolutely no campaigning materials shall be placed on: i. Bulletin boards ii. Left on tables 10. Posters (Reserved for USU/SA Senatorial candidates only.) 5

6 a. Posters: printed or other types of designed items on paper to be hung in appropriate buildings on campus. b. Senatorial candidates are allowed four (4) posters during primaries and an additional four (4) posters during finals, totaling eight (8) posters allowed during final elections. i. These posters should be hung in the candidate s respective college only. ii. Posters are limited to 24 x36 (maximum). (i) Posters must be hung in areas of each building approved by the individual colleges. (ii) It is up to the individual senatorial candidates to get permission to hang posters in the appropriate areas of his or her college. 11. Social and Electronic Media: a. Social and electronic media may be used for the purpose of communicating with campaign committee members. b. All social and electronic media active campaigning will be restricted from use until the Monday prior to Election Week starting at 7 a.m. c. Facebook i. All pages and groups must be kept secret until after the first campaign meeting following declaration of candidacy. ii. Throughout the election process, candidates are not allowed to post on any official university or departmental Facebook pages or groups (i.e. Utah State University, Utah State University Student Association, College of Humanities and Social Sciences, Huntsman School of Business, etc.) d. Twitter i. Candidates are not allowed to tweet at official university or departmental handles with the exception of the official Utah State University Student Association handle (@UtahStateSA). ii. To stay connected to election activity, candidates may use the official hashtag: #USUSAElections. e. Pinterest, Tumblr, YouTube, and other social media outlets: i. Candidates may use these platforms as they wish, however, they must comply with timeline rules and be void of any connection to university or departmental social media. f. Election Video i. A video will be made by the Elections Committee of the candidates platforms to be added to the USU/SA website. g. Election Website i. All final candidates election information (1 picture, campaign platform, goals, and qualifications) will be placed on the USU/SA website. 12. Use of Official Organization s Logos or Property in Campaigning: a. Use of USU and/or USU/SA copyrighted material is prohibited. b. Any trademarked material must be changed a minimum of 20%, to comply with copyright laws. c. The Utah State University Student Association, USU Student Involvement and Leadership Center and/or Utah State University claim no responsibility for the illegal use of copyright materials by candidates. E. Neutrality: i. Elections Committee members and USU/SA officers are not allowed to wear campaign materials or publicly endorse any candidate. Should any current USU/SA officer choose to run for reelection or a new position, he/she will be treated no differently than other candidates. ii. Anyone with violations will be sent to the Hearing Board for review. F. Campaign Committees and Meetings 6

7 1. Campaign committee members are people that are specifically helping you campaign and must be current students from Utah State University (See Section V. A.). 2. All meetings held by the candidate prior to the filing deadline must be private and arranged by the candidate specifically for the purpose of organizing a campaign. G. A-frames on campus 1. A-frames are defined as a freestanding constructed object that must fit in an 8 x8 x8 square. 2. Two A-frames will be permitted during primary elections. Those same A-frames will be permitted during final elections, for a total of two A-frames. 3. A-frames will only be permitted in designated areas. Please see the map included in the elections packet for designated A-frame areas. Placing A-frames in all other areas, including off-campus, is prohibited. If there is snow, A-frames must be on grass areas to ensure that facilities can clear walkways. 4. Senatorial candidates may place A-frames near their respective colleges if given approval (See Section V. D. 10.). 5. A-frames must not lean against or be attached to trees, shrubs, or light posts. No stakes or signs stuck into the ground will be allowed. No A-frames will be on grass areas between sidewalks and streets. 6. A-frames must be constructed so they are not a hazard. 7. USU/SA is not responsible for any lost, stolen, or damaged A-frames during the course of elections. 8. USU/SA is not responsible for any damage done to a person or property due to a candidate s A- frame. The candidate will take full responsibility. Candidates must respect each other and not vandalize A-frames or other campaign material. This also applies to campaign committee members. Candidates should keep in mind that they are running for a student leadership position and act accordingly. 9. At A-frame stations, candidates may be allowed one stationary voting device for students to vote upon during primary and final elections. a. USU/SA candidates and their respective committee members are not allowed to have students vote on the candidates and/or committee members smart devices. Students may vote on their own personal smart device or on the stationary voting device at a candidate s A-frame station. H. Receptions 1. Definitions a. Formal Receptions: Meetings organized by the Elections Committee where students meet the candidates and ask the candidates questions about their platforms and goals. b. Informal Receptions: See A-frame stations. 2. During the primary and final receptions, areas will be designated for candidates. Placement of candidates will be on a first come, first served basis. Reserving tables is not allowed. Candidates are not allowed to set up computers at the receptions, but are encouraged to talk with students. The Elections Committee will have computers set up at the receptions where voting can take place. Candidates or committee members with campaign materials are not allowed within 20 feet of the voting booths. 3. During election receptions, candidates must be in close proximity to their designated areas to pass out flyers and may not infringe on the area directly in front of another candidate s area. If a member of the Elections Committee thinks that a candidate is breaking this rule, or getting too close to the voting booths, he/she has the right to dismiss the candidate from the reception. 4. During primary and final election receptions, Senatorial candidates will be allowed to campaign in his or her respective college, with permission from the building administrators. It is up to the candidate to get permission to campaign in his or her college. While colleges are 7

8 not physical locations, for the purpose of campaigning in the elections, the location of the Dean s office is what defines the location of each college with the exception of the Caine College of the Arts where candidates may campaign in the Fine Arts complex. Classrooms are not to be campaigned in (See V. D. 5). I. Off-Campus Campaigning 1. Candidates must have the permission of the building or apartment owner/landlord/manager and appropriate tenant(s) to display any campaign materials. a. Campaign materials may be directly distributed to potential voters with their permission. 2. The policy for off-campus banners and signs comes directly out of the Logan City Land Development Code Section and is included as an appendix to these by-laws (this policy is subject to change). 3. No campaigning shall take place aside from apartment complexes or residential properties (i.e. no campaigning in businesses, churches, etc.). 4. Use of campaign materials on vehicles is prohibited. VI. Violations and Penalties: A. Hearing Board 1. Jurisdiction: a. Pursuant to Article V of the USU/SA Constitution, the USU/SA Hearing Board will hear all election grievances. The Hearing Board will render a decision on each grievance, and will assess a penalty if necessary. 2. Membership: a. The USU/SA Hearing Board shall consist of the seven student members of the Hearing Board Pool including one appointed RCDE student. i. Quorum requirement: A quorum of at least five members of the Hearing Board must be present to hear and rule on grievances. b. The student members of the Hearing Board Pool shall be appointed by the newly-elected USU/SA President and approved by a majority vote of the USU/SA Executive Council. The former President will assist the newly-elected USU/SA President during the selection process. The RCDE student member of the hearing board shall be appointed by the newly elected RCDE President. 3. The Hearing Board Pool chair shall be a student appointed by the USU/SA President. 4. Board members serve a one-year term, although members can be appointed to serve more than one term. All new student appointments to the Hearing Board Pool shall be made on or before July 1 of each year. 5. Board members shall be members of the USU/SA. One voting member of USU/SA Executive Council will be appointed to the Hearing Board by the President. The members of the Hearing Board shall be subject to the same eligibility requirements as the USU/SA officers as outlined in Article III of the USU/SA Constitution. Vacancies shall be filled as needed. B. The Violation Process will be as follows: 1. During the election week, any charges of violation of campaign regulations will be submitted in writing to the Hearing Board within 24 hours of the incident, but no later than the closing of the polls. 2. If an elections bylaws violation comes to light after the final election results have been announced, a complainant may file a grievance until noon on the day of inauguration. a. Prior to the election, there is no time limit, although the Hearing Board will not meet regularly, and will hear cases on an as-needed basis. 3. In the event of a violation, or a grievance being filed, both the accuser and accused must be called before the Hearing Board together. Upon hearing both sides, the Hearing Board will render a decision and assess a penalty if necessary. 8

9 4. Election results for the office(s) in question will not be made public until all grievances have been heard by the Hearing Board, ruled upon penalties assessed, and the candidate(s) notified of the decision. 5. Candidates will be responsible for submitting grievances for his/her own campaign. 6. Any student may file an election grievance who was affected by or a direct witness to any violation of election bylaws by campaigns or those campaigning for ballot issues. 7. The burden of proving that a bylaws violation occurred is on the person filing the grievance. 8. Explanation of how to file a grievance will be discussed at the mandatory elections meeting. C. Penalties 1. Penalties from which the Hearing Board may choose are as follows: a. Confiscation and/or restriction of campaign materials (i.e., only one sign as opposed to two, etc.); b. Restrictions on campaign times (i.e., not being allowed to attend town hall meetings or campaigning on campus during certain times); c. Budget restrictions; d. Order a new election for a particular office pursuant to Article III, Section 1 of the USU/SA Constitution; e. Disqualification of candidate; and, f. Fines to be paid if the violation is discovered after the election has already taken place. 9

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