SRA By-Election Nomination Form

Transcription

1 SRA By-Election Nomination Form The Student Representative Assembly (SRA) is the legislative body of the MSU. It meets regularly to discuss issues and concerns of students, determine MSU policy and set priorities for MSU operations. The term of office is from November 1st, 2018 until March 31st, Required Information (Please Print Legibly): First Name: McMaster Last Name: Student Number: Faculty: Phone Number: I wish to nominate myself as an SRA representative for the academic division of (circle below): Commerce Kiniesiology NOTE: A $20 deposit (returnable less any fines) is required upon submission of this form to the MSU Accounting Office. Eligible nominations must be supported by the signature of the nominee and 15 MSU members from your academic division. It is the responsibility of the Candidate to ensure that both nominators and nominees are MSU members (enrolled in at least 18 units). I understand that the name submitted on the nomination form will appear on the ballot. I fully accept all responsibility for campaigning done in my name and agree to comply with all the rules pertaining to this election. There will be a mandatory all candidates meeting at 6:00 PM on October 23, 2018 in Gilmour Hall, Room 111. If elected, I agree to attend the mandatory training on November 4, 2018 from 1:30-3:30 PM. Signature of Candidate: Date: This form is due 5:00 PM on October 23rd to the MSU Office (MUSC 201). Page 1 of 2

2 SRA By-Election Nomination Form Nomination Signatures This form is not valid unless each of the signatures below is that of an MSU member registered in the academic division in which the nominee intends to run. Printed Name Signature Faculty Student Number OFFICE CLERK USE ONLY Date Received: Time Received: Clerk Name: Deposit Paid & Receipt Attached: 16 Signatures On Page: Information is Clearly Legible: Page 2 of 2

3 SRA By-Election Expense Sheet Required Information (Please Print Legibly): Candidate Name: Signature: This sheet is to be used when you submit your receipts. You must attach all receipts to the back of the sheet and summarize your expenses on the chart. Please include the fair market value amount for all self-made posters, campaign materials, etc. If you do not spend any money during the campaign, mark a zero with a line through the columns. Items Produced Cost Total: This form must be submitted by 5:00 PM on October 29th to the MSU Office, MUSC 201. It will still be collected after the deadline, however, you may be assessed a violation/fine. OFFICE CLERK USE ONLY Date Received: Time Received: Clerk Name: Expense Sheet Not Blank: Information is Clearly Legible: Receipts Attached (If Applicable): Page 1 of 1

4 SRA By-Election Complaint Form The Elections Committee encourages you to submit whatever evidence you have, be it testimony, pictures, video/sound recordings and logical arguments. Please provide as much detail as possible, including evidence, to support your claim. Additional comments may be attached if necessary. Complainant Information (Please Print Legibly): The person who is making the complaint. First Name: McMaster Last Name: Student Number: Faculty: Phone Number: Complainee Information (Please Print Legibly): The person who is being complained about. Candidate Name: Approximate Time of Violation: Approximate Date of Violation: Summary of Alleged Violation Specific Violation(s) - (Relevant Section of Official Election Rules, Bylaw 10 Elections or Bylaw 10/A Electoral Procedure) Complaints must be submitted by 4:30 PM on October 30th, OFFICE CLERK USE ONLY Date Received: Time Received: Evidence Attached (If Applicable): Information is Clearly Legible: Clerk Name: Page 1 of 2

5 SRA By-Election Complaint Form Details of Alleged Violation - (Please include as much information as possible) Optional Witness Information (Please Print Legibly): First Name: McMaster Last Name: Phone Number: Faculty: Signature: First Name: McMaster Last Name: Phone Number: Faculty: Signature: Page 2 of 2

6 Voting Technical Complaint Form All concerns regarding the electronic voting system must be made through this form. Required Information (Please Print Legibly): Full Name: Student Number: Faculty: Phone Number: McMaster Units enrolled in: units Full details of the issue/concern of the electronic voting system The Returning Officers will make a decision within twenty- four (24) hours after receiving the complaint. Any decisions will be conveyed to eligible voters within twelve (12) hours of making the decision. All decisions made by the Returning Officers regarding technical complaints shall be subject to ratification by the Elections Committee. Signature of Complainant: Date: Complaints must be submitted by 5:00 PM on October 30th, OFFICE CLERK USE ONLY Date Received: Time Received: Evidence Attached (If Applicable): Information is Clearly Legible: Clerk Name: Page 1 of 1

7 SRA October By-Election Rules 1. GENERAL 1.1. These rules shall apply to all aspects of the SRA October By-Election, as per the authority of MSU BYLAW 10 - ELECTIONS, section Candidates shall be responsible for familiarizing themselves with MSU BYLAW 10 ELECTIONS, MSU BYLAW 10/A ELECTORAL PROCEDURES, these election rules, any further addenda, and Elections Committee decisions posted outside of the MSU Main Office and on the MSU website Ignorance of any rule presented in these documents, revisions, or addenda is not an excuse for violations. Candidates should proactively seek clarification if needed The Returning Officers may provide an interpretation of these election rules, but such an interpretation shall not be binding on the Elections Committee Individuals may request that the Returning Officers refer a question and all relevant materials to the Elections Committee If the Elections Committee cannot resolve the issue by , a committee meeting will be called Any person with concerns regarding the organization, operation, or outcome of the election shall register their complaints, in writing, to the Returning Officers as per MSU BYLAW 10 - ELECTIONS and MSU BYLAW 10/A ELECTORAL PROCEDURES. 2. DEFINITIONS 2.1. Bad taste shall include but is not be limited to actions or activities that is determined by the Returning Officers to be: sexist, racist, heterosexist, homophobic, pornographic, obscene, derogatory or prejudicial to any member of the McMaster community. It shall not contravene McMaster University policies including but not limited to the Student Code of Conduct, Harassment and Discrimination Policy, Sexual Violence Policy, and/or those in effect in student residences Campaigning shall be defined as, but not necessarily limited to: The distribution and display (excluding design) of campaign materials with the intention of promoting a candidate; Speaking to classes, residences, student groups, or individuals for the purpose of presenting a platform as/for a candidate. Page 1 of 11

8 2.3.Campaign material shall be defined as anything used with the intention of promoting a candidate. This includes, but is not necessarily limited to: Anything possessing a combination of a candidate s name, likeness or platform; Electronic media; Material associated with a particular campaign theme. 2.4.A campaign theme shall be defined as anything intended to form an association with a particular candidate. This includes, but is not necessarily limited to: Colour coding; Clothing, clothing accessories or paraphernalia; Publicizing a slogan Logos 2.5.The following shall not constitute campaigning: An individual asking to have his or her nomination form signed; Bringing campaign material to the Returning Officers; Publicizing an upcoming election; Producing campaign material prior to the start of campaign period, so long as it is not publicly available or visible; Forming a campaign team; Private campaign team meetings; Private distribution of campaign material to campaign team members. 2.6.A campaign representative is an individual who actively campaigns on behalf of a candidate. Only McMaster students may be representatives of a candidate Group campaigning shall constitute the sharing of campaign materials and/or actively campaigning on behalf of another candidate. 2.8.MSU Space shall be defined as the official offices, physical and online (excluding Facebook and Twitter), events and facilities of the MSU The Elections Committee reserves the right to inspect all MSU Space. Page 2 of 11

9 2.9.Campaign expenses shall constitute any and all money spent for the purpose of campaigning A polling station shall be defined as any physical polling station established by the Elections Committee for the purpose of voting in the election. 3. NOMINATIONS 3.1. Only MSU members as defined in MSU BYLAW 2 - MSU MEMBERSHIP are allowed to register as candidates or join a campaign team. 3.2.The Nomination Period will open on October 15th, Nominations will close at 5:00 pm on October 23rd, Nomination forms are to be submitted to the Returning Officers in person or through the MSU Office front desk. 3.4.The MSU Accounting Office will collect a deposit of $20 cash per candidate upon the submission of completed nomination forms. The deposit will be returned to the candidate after the appeals period has ended less the amount of any fines levied for campaign violations. 3.5.Nomination forms and campaign team forms will be validated by the Returning Officers. Any candidate whose nomination form does not meet the validation requirements shall be given one business day after the close of nominations to amend and re-submit for validation. 3.6.All campaign representatives must be registered on a campaign team. Representatives may be added to the campaign team at any time by the candidate or Elections Committee. Elections Committee reserves the right to add individuals who appear to be campaigning on a candidate s behalf to their campaign team and all parties shall be notified of that fact by The names of candidates will be posted publicly after all nomination forms have been validated. 4. CAMPAIGNING 4.1. Campaigning will begin at noon on October 25, 2018 and end at 5:00 pm on October 30th, Campaigning shall not take place within sight or sound of a polling station. 4.3.No one shall cause a wilful disturbance at a polling station, interfere, or attempt to interfere with an individual s right to vote. 4.4.Candidates may campaign off-campus under the following exceptions: Page 3 of 11

10 Candidates may not campaign door-todoor off-campus; Candidates may only post campaign material in their own personal space and that of consenting McMaster students. 4.5.Candidates may not use resources or clubs of the MSU to campaign. 4.6.Candidates may campaign in MSU Space, subject to the following restrictions: No campaign material shall remain or be posted in MSU Space; Candidates are not permitted to address student groups or individuals unsolicited Only for the purposes of production or approval may campaign materials be visible in the MSU Elections Department, MSU Underground Media & Design, The Silhouette office, and MSU Main Office. 4.8.Employees and volunteers of the MSU may not campaign, with the following exceptions: Full-time employees, part time managers, and paid staff, excluding Customer Service Representatives, must receive a leave of absence through the appropriate Board (i.e. Board of Directors for full-time employees, or Executive Board for part-time staff, including Associate Vice-Presidents) before the start of the campaign period; Caucus Leaders must receive a leave of absence from their caucus leader duties on the SRA for the campaign period; Volunteers who possess extra privileges to book MUSC space will be suspended of these privileges during campaign period; Volunteers only may not campaign during the course of their duties or while acting as a representative of the MSU; If the Elections Committee receives or initiates a complaint that a volunteer or staff member of any MSU service is using their position to promote or denigrate a candidate, the Elections Committee may request for the suspension of the volunteer or staff member for the duration of the campaign or appeals period through the appropriate service manager or Board. Appealing a decision does not stay the suspension. If complaints are determined to be unfounded by the Elections Committee or its decision overturned by appeal, the individual will be reinstated to their position. Page 4 of 11

11 Employees and volunteers of Residence Life must adhere to rules and regulations of Residence Life set out for them including, but not necessarily limited to, the Residence Life Contract Residence Life staff or volunteers may not display or distribute any campaign materials inside residence; Only elections material produced by the Elections Department may be displayed on residence bulletin boards and doors of Residence Life staff; No campaign team members employed by or volunteering with Residence Life shall be granted entry to residence, except in fulfilment of the Residence Life Contract or in accordance to the Candidate Access to University Residence Policy. 4.9.Opinion pieces written by the candidates or representatives shall be clearly marked EDITORIAL and must declare the individual's campaign affiliation Candidates may not use Avenue to Learn or Learnlink to campaign or advertise an election MSU representatives may use MSU accounts on Learnlink to advertise an election Candidates may not distribute unsolicited electronic communication excluding Facebook Electronic media (excluding Twitter) must provide a link to the main Elections Department website (msumcmaster.ca/elections). See Appendix A for clarification on how to follow this rule Candidates are encouraged to use msumcmaster.ca/elections, msumcmaster.ca/vote, or msumcmaster.ca/byelections on campaign material including social media posts Candidates may not leave campaign material visible on McMaster University computers Official mass contact lists may not be used for campaigning. These include but are not limited to: club mailing lists, residence lists, and academic societies Campaigning may not take place on Facebook groups, pages, events or group chats, except those expressly created to advertise a candidate s campaign Posts made by the Elections Department may be shared on public Facebook groups, pages, events, or chats to advertise the election. Page 5 of 11

12 4.16.Use of speakers, microphones, or amplifying equipment not provided by McMaster University or the MSU is prohibited unless written authorization is given from the Elections Department Candidates must obtain the permission of the instructor before speaking to a class. Candidates must abide by the conditions imposed by the instructor Campaigning in residence is subject to the Candidate Access to University Residences Policy by Housing and Conference Services. Individuals may post campaign material in postering space with other Residence Life-specific posters, on or in their own personal space and that of consenting parties Candidates are not permitted in the main office of the MSU unless receiving mail, attending meetings, or speaking with the Returning Officers. 5. CAMPAIGN MATERIALS 5.1. Material may not possess any logo(s) of the MSU, McMaster University, or McMaster University recognized groups. 5.2.The Returning Officers must be notified of all campaign material, including theme, before to the material being made public Prior to broadcast, print or posting, the Returning Officers must receive a copy of the text of ads on CFMU-FM, MacTV and ads in McMaster University publications (including classified ads) All campaign materials, excluding those produced by the candidate, or representative will be produced or contracted out by the MSU Underground Media & Design. The Underground Media & Design Manager, in consultation with the Returning Officers, will give a Fair Market Value Assessment for items produced for the candidate, for the purpose of declaration of expenses. 5.4.Any campaign materials that will permanently deface University property are prohibited. 5.5.Chalk and whiteboard markers may not be applied to McMaster University or MSU property, including but not limited to chalkboards, whiteboards, sidewalks, roads, and walls. 5.6.Posters may be affixed with masking tape only Posters displayed at any one time shall be limited to a total of 50 per candidate: 5.8.Posters must not exceed 11 x 17 inches; therefore, no banners will be permitted. Page 6 of 11

13 5.9.There shall not be more than two (2) posters per candidate in one area. An area shall be defined as an unbroken wall. Posters shall not be placed across or over any corner. Breaks shall be defined as corners and the mid-points above: Doors; Bulletin Boards; Windows Posters may only be placed on internal, solid walls Posters may not obstruct signage or other posters In the Health Science Centre posters may only be placed on bulletin boards Posting within the MUSC is subject to the McMaster University Student Centre Administration Posting Policy All campaign material, including tape, must be removed by 5:00 PM November 1st, GROUP CAMPAIGNING 6.1. Candidates must declare prior to the campaign period their intent to group campaign and the membership of the group. 6.2.Candidates campaigning as a group shall be considered to be sharing all campaign material and expenses. 6.3.Candidates cannot pool their poster or spending limits. 6.4.Violations against one candidate will be assessed against all members of the group Disqualifications shall be assessed on an individual basis. 6.5.The Elections Committee may deem candidates to be group campaigning based on campaign behaviour. 7. SPENDING LIMIT 7.1. Campaign sides may use materials and services with a Fair Market Retail value of up to $50 (including all applicable taxes, and excluding deposit). Expenses must reflect the Fair Market Value of each item unless otherwise specified in these rules. The Returning Officers shall determine Fair Market Value using any Page 7 of 11

14 combination of the following: Receipts of campaign expenses, consultation, published prices and referring questions to the Underground Media & Design Candidates shall submit all receipts, invoices, and an itemized list of all campaign expenses and design costs If a candidate has incurred no campaign expenses, a declaration of nonexpenditure must be submitted A complete expense list or declaration of non-expenditure shall be submitted to the Returning Officers before 2:00 PM on the day prior to the close of polls The following shall be valued at $0: Any design work provided by campaign representatives; Ad space provided by the Elections Committee Previously owned items Exceeding the $50 Fair Market Value limit of previously owned items is up to the discretion of the Elections Committee If material from a previous campaign, or material that would normally be produced during the campaign period, is used as campaign material, it must be declared on the expense sheet and shall be counted as part of the spending limit There shall be no expenditures after receipts are submitted to the Returning Officers Campaign material shared between candidates shall be declared in full on the expense sheets and shall count in full against the spending limit of all candidates concerned. 8. ELECTION VIOLATIONS 8.1. Any act that contravenes any article of MSU BYLAW 10 - ELECTIONS, MSU BYLAW 10/A ELECTORAL PROCEDURES, this document, any further revisions, or addenda shall be considered a violation of election rules. 8.2.The Chief Returning Officer may, during the campaign period, exercise any combination of the following to address violations: Issue a warning; Levy a fine. Page 8 of 11

15 8.3.The Elections Committee may exercise any combination of the following to address violations: Issue a warning; Levy a fine; Disqualify a candidate; Invalidate an election; Recommend to the SRA the suspension of MSU privileges. 8.4.Candidates are responsible for their campaign and representatives. If a representative commits a violation, the candidate will be penalised Candidates are required to notify the Returning Officers immediately if they believe they could be unfairly penalised for another individual's actions. 8.5.The Returning Officers shall make best efforts to notify candidates of complaints submitted against them within 24 hours of the complaint being received. 8.6.Complaints about any aspect of the election (for example, but not limited to those about candidates, campaign members or other individuals or the administration of the election) must be brought to the Returning Officers via the complaint form. The Elections Committee or Chief Returning Officer will hear all complaints received and decide if a violation of the election rules has occurred. The Elections Committee will seek further information from concerned parties if the committee feels that a complaint warrants such investigation. The CRO will seek further information from both the complainant and the accused. The deadline for the submission of complaints shall be: Half an hour before the close of polls (October 30, 2018 at 4:30 PM) A scrutineer may only observe balloting procedures, verbally notify the poll clerk of any complaints and submit complaints in writing to the Elections Committee through the Returning Officers within 24 hours of the completion of the ballot report approval. 8.8.Complaints received after the deadline but prior to the ratification of fines may be considered at the discretion of the CRO. 8.9.Fines shall be levied according to the following structure: The standard fine for any violation shall be $4; A severe fine shall be $7; Page 9 of 11

16 Candidates shall be fined 100% of the amount that exceeds the spending limit; Fines for poster placement violations shall be given five (5) grace violations after which point they shall be $2 for each subsequent offence to a maximum of $50; Fines for failure to remove campaign material by 5:00pm on the day after the close of polls shall be $5 for the first item and $1 for each additional item. These fines will be assessed during the appeals period Severe violations shall constitute but are not limited to the following: Exceeding the spending limit; Production of campaign material by a company other than the Underground Media & Design (or a company that the MSU Underground Media & Design has contracted out to); Failure to submit receipts and expense sheet prior to the Fines Meeting; Misrepresentation by the candidate on their expense sheet; Use of material that is considered to be in bad taste as previously defined; Use of material without notifying the returning officers within before it being made public; Misrepresentation of any kind to the members of the Elections Committee on any matter relating to the election; Deliberately violating any rule; Harassment by candidates, representatives or supporters; More than $20 in fines for violations of the same nature of the same rule (if the violation is not already a severe violation); Violation of polling day campaign rules The Elections Committee may consider disqualification of a candidate for any severe violation or for at least 5 standard violations The Elections Committee shall automatically disqualify a candidate if it finds that a candidate has deliberately sabotaged another candidate s campaign, accumulated fines exceeding half of the spending limit, or accumulated 4 severe and/or 7 standard violations. Page 10 of 11

17 8.12.The Elections Committee may invalidate the election if it believes that the number and severity of violations materially affected the integrity of the election The Elections Committee may recommend to the SRA the suspension of an individual s MSU privileges under extreme circumstances The Elections Committee and the Chief Returning Officer shall consider any mitigating circumstances of which it is aware when assessing fines. Individuals may present further mitigating circumstances during the appeals period Any penalties, excluding invalidation, shall not take effect until the ratification of fines following the close of polls. Page 11 of 11

18 BYLAW 10 ELECTIONS 1. PURPOSE 1.1 To ensure all MSU elections and referenda are carried out in a fair and equitable manner. 2. PERSONNEL STRUCTURE 2.1 The Chief Returning Officer (CRO) shall: Be the chief electoral officer of the MSU, ratified by the SRA no later than September 30; Not be a voting member of either the SRA or the Elections Committee; Not seek office in an election, support or denigrate any candidate, or endorse a position in a referendum administered by the Elections Department during his/her term of office; Report to the SRA, no later than September 30, the timetable (denoting proclamation periods, campaign periods, and polling dates) for the MSU Presidential election, SRA General Election, and all scheduled SRA by-elections; Report to the SRA the results of each electoral period, including recommendations of the Elections Committee; Annually determine the allocation of SRA seats according to BYLAW 3 STUDENT REPRESENTATIVE ASSEMBLY and report same in writing to the SRA no later than January 31; Provide the Speaker of the MSU with a written copy of the official SRA General Election results before the end of March. 2.2 The Deputy Returning Officer (DRO) shall: Be ratified by the SRA no later than September 30; Not be a voting member of either the SRA or the Elections Committee; Not seek office in an election, support or denigrate any candidate, or endorse a position in a referendum administered by the Elections Department during his or her term of office; In the case of the resignation or recall of the CRO, act in that capacity under the direction of the Elections Committee until the position is permanently filled; Be responsible to the CRO and assist with the CRO s duties as assigned. 2.3 The Elections Committee shall adjudicate MSU elections and referenda in a fair and just manner, and shall fulfill other duties as set out in MSU operating policy. 2.4 The Electoral Appeal Board shall: Be struck at the beginning of each SRA's term; Approved 70Q Revised 73A, 74Q, 75H, 76Q, 79H, 87L, 88V, 89F, 89P, 93F, 94F, 95U, 96Q, 97R, 98R, 99L, 00O, 00Q, 01Q, 02K, 02Q, 07Q, 09Q, 09R, 10P, 11F, 11O, 12K, 14K, 15G, 16Q

19 BYLAW 10 ELECTIONS PAGE Consist of the MSU Speaker, the Secretary of the University Senate, and a member of the non-sra McMaster community, with two (2) additional member of the non-sra McMaster community designated as alternatives; Applications shall be solicited in March by advertisement in The Silhouette for the non-sra McMaster community positions on the Electoral Appeal Board. The Elections Committee shall review applicants and recommend candidates to the SRA no later than the Assembly's first meeting after Labour Day Be ratified by the SRA no later than September 30, based on nominees recommended by the Elections Committee; Have minutes taken of all proceedings; Members of the Electoral Appeal Board shall not seek office in an election, support or denigrate any candidate, or endorse a position in a referendum administered by the Elections Committee during their terms of office. 2.5 Poll Clerks shall: Not be members of the SRA, the Elections Committee, or the Electoral Appeal Board; Not seek office in an election, support or denigrate any candidate, or endorse a position in a referendum administered by the Elections Committee during his or her term of employment; Ensure that the voting stations are clean, free from obstruction, and are run in an efficient manner; Ensure that there is neither campaigning nor campaign materials within sight or sound of the polling station; Be responsible for other duties set out in the full job description, approved by the Executive Board. 3. ELECTION/REFERENDA SCHEDULE 3.1 Polling for the election of the First Year Council shall begin no later than September Polling for the election of the MSU President shall begin no later than February Polling for the election of divisional representatives on the Student Representative Assembly shall begin no later than March Vacancies on the SRA shall be filled through by-elections administered by the Elections Department The unsuccessful candidate(s) in the SRA General Election from the same academic division shall fill vacancies prior to April 30. The written offer of SRA seat succession, from the Speaker to the candidate(s), shall be made in order of the largest number of votes received by the candidate(s) in the General Election. The reply from the candidate shall be made in writing. Where there is no such candidate, the seat shall be considered vacant until August 31. The Chief Returning Officer shall be responsible to provide the Speaker with a written copy of the official SRA General Election results before the end of March;

20 BYLAW 10 ELECTIONS PAGE Vacancies on the SRA shall be considered effective upon declaration by the Speaker, which shall occur as per this schedule: Vacancies occurring between May 1 st and the first SRA meeting on or after October 1 st shall be declared vacant at the first SRA meeting on or after October 1 st Vacancies occurring between the first SRA meeting on or after October 1 st and the first SRA meeting on or after November 1 st shall be declared vacant at the first SRA meeting on or after November 1 st Vacancies occurring between the first SRA meeting on or after November 1 st and the first SRA meeting on or after January 1 st shall be declared vacant at the first SRA meeting on or after January 1 st The SRA may, by a majority affirmative vote, direct the Speaker to declare vacancies at a meeting prior to those specified on this schedule. 3.5 A call for referendum shall be triggered by an SRA resolution, a General Assembly quorate resolution, or the validation of a petition calling for a referendum pursuant to Article VII of the MSU Constitution The call for referendum shall be subject to the restriction that a valid referendum has not been held on the same or a similar question within the current or previous academic year This restriction may be suspended by a two-thirds affirmative vote of the SRA. 3.6 Referenda shall be held concurrent to fall by-elections, the Presidential election, or the SRA General election. Upon a call for referendum, the Elections Committee shall grant a poll concurrent to the next scheduled election Referenda may be held outside this schedule by a two-thirds affirmative vote of the full SRA. The timetable for each special referendum shall be determined by the Elections Committee. 4. NOMINEE QUALIFICATIONS 4.1 Every person who, at the time of Proclamation, is a member in good standing of McMaster Students Union as defined in BYLAW 2 MSU MEMBERSHIP, and is a member of the applicable electoral constituency, is qualified to seek office MSU members exempted from BYLAW 2 MSU MEMBERSHIP from being required to be enrolled in academic courses shall be considered to be in the academic division on file with the Office of the Registrar Students who are enrolled as students at McMaster University at the time of proclamation and are not MSU members as defined in BYLAW 2 MSU MEMBERSHIP, shall be eligible to seek office if; They are registered in a University sanctioned work placement, and have provided written evidence of such, from their respective faculty s office of experiential education, to the Elections Committee and where the Elections Committee has deemed such evidence as adequate They were an MSU member in the year prior to entering their work placement.

21 BYLAW 10 ELECTIONS PAGE They will be returning as an MSU member in September of the academic year they would serve in office, and have provided evidence of such, from the Office of the Registrar, to the Elections Committee and where the Elections Committee has deemed such evidence as adequate. 4.2 Nominees with outstanding election fines will be considered to be in bad standing for the purposes of elections and/or referenda and shall not be eligible to be a candidate or referendum side representative 5. ELECTOR QUALIFICATIONS 5.1 In any electoral constituency in which an election or referendum is held, every person, who at the time of Proclamation is a member in good standing of the McMaster Students Union, as defined in BYLAW 2 MSU MEMBERSHIP and is a member of the applicable electoral constituency, shall be eligible to cast one ballot MSU members exempted by BYLAW 2 MSU MEMBERSHIP from being required to be enrolled in academic courses shall be considered to be in the academic division on file with the Office of the Registrar. 5.2 The Returning Officers shall requisition, from the Office of the University Registrar, a list of eligible electors as required for elections and/or referenda The list of electors having cast ballots is privileged and is not open to perusal by any individual or group inside or outside the MSU; Any irregularities in the preparation of polling lists shall not be considered grounds for invalidating an election/referendum. 6. SCRUTINEER QUALIFICATIONS 6.1 Eligible electors (excluding candidates themselves, members of the Elections Committee [voting members and official observers] or Electoral Appeal Board, and poll clerks) are eligible to serve as scrutineers. 7. VOTING SYSTEMS 7.1 In elections for the office of MSU President, elections for the MSU First Year Council, or referenda in which the ballot offers more than two (2) options, a single transferable vote system shall be employed for the counting of ballots Electors shall mark their choices in order of preference All first choice votes shall be counted and separated by candidate If no candidate receives a majority of the total vote, the candidate with the least votes shall be declared out of race and the first choice ballots of that candidate shall be recounted in accordance with the second choice indicated on the ballot This system of dropping off the lowest candidate and redistributing ballots according to the next choice of remaining candidates shall continue until one (1) candidate achieves a majority.

22 BYLAW 10 ELECTIONS PAGE If a candidate or referendum side is disqualified or chooses to withdraw after polling has taken place, the disqualified or withdrawn candidate shall be declared out of race and his or her first choice ballot recounted in accordance with the second choice indicated on the ballot. Any ballot with no second choice shall be counted as an abstention Abstentions, declined, and spoiled ballots shall not count in the calculation of majority. 7.2 In all other elections or referenda, a plurality voting system shall be employed for the counting of ballots Electors shall mark a number of choices not exceeding the number of open positions Votes shall be counted for each candidate, and the candidate(s) with the most votes shall be declared duly elected If a candidate or referendum side is disqualified or chooses to withdraw after polling has taken place, any ballot cast for that candidate or referendum side shall be counted as an abstention. 7.3 If a disqualification is overturned on appeal, the ballots shall be recounted as if the candidate or referendum side had never been disqualified. 7.4 Abstentions, declined, and spoiled ballots shall count toward the establishment of quorum for a referendum. 8. CAMPAIGNING 8.1 Campaigning shall be defined as, but not necessarily limited to: Distribution or display (excluding design) of campaign materials; Speaking to classes, residences, student groups, or individuals for the purpose of presenting a platform as a representative of a candidate or referendum side. 8.2 Individuals asking to have their nomination forms signed shall not be considered to be campaigning. 8.3 There shall be a minimum of four (4) school days of campaigning for by-elections and referenda held concurrent with by-elections, and there shall be a minimum of six (6) school days of campaigning for all other elections and referenda. 8.4 No one shall cause a willful disturbance at a polling station, interfere, or attempt to interfere with an individual s right to vote. 8.5 Candidates may campaign off-campus under the following restrictions: Candidates may not campaign door-to-door off campus Candidates may only post campaign material off campus in their own personal space and that of consenting McMaster students. 9. VIOLATIONS, PENALTIES, AND ENFORCEMENT 9.1 The Elections Committee shall establish rules on the following: spending allowance, volume of materials, and permissible areas for posting of campaign materials, establishing a fine structure

23 BYLAW 10 ELECTIONS PAGE 6 and consequences for violations, setting time limits for campaign period, campaigning in residence, the use of , Internet, and other technologies The Elections Committee may also establish additional rules at its discretion. 9.2 The Elections Committee and Chief Returning Officer is responsible for ensuring that all candidates, representatives and voters comply with this bylaw and any supplementary rules established by the committee. Each candidate in an election and each side in a referendum shall be provided with a copy of BYLAW 10 ELECTIONS (and any subsidiary bylaws), relevant campaign rules, and other materials prior to the opening of the campaign period. 9.3 Non-compliance with this bylaw or supplementary rules established by the Elections Committee shall be viewed as violations. The committee shall assess the nature and number of violations and may exercise any combinations of the following: Issue a warning; Levy a fine; Disqualify a candidate/side; Invalidate an elections/referendum; Recommend to the SRA, the suspension of MSU privileges. 9.4 The Chief Returning Officer shall assess the nature and number of violations during the campaign period and may exercise any combinations of the following: Issue a warning; Levy a fine. 9.5 The Elections Committee shall set specific fines for election and referendum violations before the campaign period Candidates and referendum sides exceeding the spending limit shall be fined 100% of the amount that exceeds the spending limit No single fine shall be greater than $100, except where the violation involved exceeding the spending limit. 9.6 The Elections Committee and Chief Returning Officer shall reserve discretion in assessing extenuating circumstances for violations. 9.7 All individuals shall be required to bear the onus of responsibility for their participation in a democratic process. 9.8 The Chief Returning Officer may choose to delegate any or all of the above responsibilities to the Deputy Returning Officer. 10. CAMPAIGN AND REIMBURSEMENT 10.1 First Year Council candidates, MSU Presidential candidates, registered referendum sides, and SRA candidates shall be eligible for reimbursement up to a pre-designated limit established by the Elections Committee, less penalties:

24 BYLAW 10 ELECTIONS PAGE Candidates who are disqualified shall not be eligible for reimbursement In order to qualify, a candidate or referendum side shall submit an itemized list of expenses including invoices and receipts covering all campaign materials. This information, accompanied by a copy of all campaign material, shall be submitted to the Returning Officers by noon on the business day prior to the initial day of polling Candidates and referendum sides that do not spend money in the course of their campaign shall be required to notify the Returning Officers of non-expenditure by submitting a written declaration by noon on the business day prior to the initial day of polling Expenses must reflect the fair market value of each item. If material from a previous campaign which would normally be produced during the current campaign period is used as campaign material, it shall be counted as part of the spending limit but shall not be calculated as an expense eligible for reimbursement Photography and masking tape shall not be counted in the calculation of campaign expenses; Candidates and referendum sides receiving at least ten percent (10%) of the vote on any ballot shall be fully reimbursed up to the limit, less penalties. Those candidates receiving less than ten percent (10%) of the vote shall receive reimbursement equal to the exact percentage of votes received, multiplied by ten (10), less fines An MSU Presidential candidate or referendum side may obtain an interest-free loan for up to the amount of the spending limit established by the Elections Committee, by applying to the Vice President (Finance) The candidate or campaign side may submit an application to the Vice President (Finance) during the nomination period. The Chief Returning Officer will inform the Vice President (Finance) of all official registered candidates and sides close to the nomination period Funds shall be released by the Chief Returning Officer to all candidates and campaign sides at the same time, no later than the first day of campaigning Fifty percent (50%) of the funds shall be issued as a credit at the MSU Underground Media + Design and the remaining fifty percent (50%) shall be issued via cheque to the candidate or campaign side for other campaign expenses Any loans granted pursuant to this section must be repaid, within thirty (30) business days from the close of polls, subject to any amount reimbursed and fines issued Any loan which is not repaid within this time period will be pursued legally and will be subject to an interest rate as provided for in the Courts of Justice Act, RSO Failure to repay a loan within thirty (30) days will result in the Vice President (Finance) recommending to the SRA the suspension of MSU membership (as per BYLAW 2 MSU MEMBERSHIP) until such time that the loan is paid in full including interest and any applicable legal fees Any Presidential candidate or referendum side that is disqualified or withdraws must still repay the loan in full. 11. INVALIDATION OF AN ELECTION/REFERENDUM 11.1 Where the number and/or degree of violations and improprieties are deemed sufficient, the Elections Committee may invalidate an election or referendum. Invalidation may also be considered by the Elections Committee on receipt of a formal complaint by an MSU member received by the Returning Officers within five (5) business days of the counting of ballots.

25 BYLAW 10 ELECTIONS PAGE Invalidation shall be subject to appeal, directly to the Electoral Appeal Board, when a written appeal has been received by the Returning Officers within five (5) business days of an invalidation decision by the Elections Committee. 12. CONFLICT OF INTEREST 12.1 Any member of the Elections Committee (including official observers) or Electoral Appeal Board, who runs for election, supports or denigrates a candidate, or endorses a position in a referendum administered by the Elections Committee, or declares intention thereof, shall be in conflict of interest Voting members of the Elections Committee or Electoral Appeal Board in conflict of interest must declare it and shall relinquish their seats Official observers in conflict of interest shall lose all privileges as observers for the duration of the Proclamation, Campaign, and Appeals periods for that election or referendum Using a position with the campus media to promote or denigrate a referendum side or candidate shall be considered illegal campaigning (editorials excepted). Persons seeking office, supporting a candidate, or supporting a side in a referendum shall not be required to forego a consistent media credit (established at least six (6) weeks prior to the Proclamation) during the campaign period unless the position is used in the interest, or to the detriment of, a candidate referendum position All student media have a responsibility to present the news in a fair and unbiased manner. The publishing or broadcasting of opinions in relation to election or referenda will not be considered illegal campaigning as long as they are clearly marked or defined as EDITORIAL. 13. RETENTION OF DOCUMENTS 13.1 Records retained of each election and referendum, under the direction of the Returning Officers, shall include, but not be limited to: A copy of the Campaign Rules set by the Elections Committee, and any other regulatory documentation in force for that electoral period; A soft copy of each piece of candidate or referendum side campaign material; If a soft copy is not available, just a hard copy will be retained Candidates' receipts, which shall be retained until the end of the appeals period; A soft copy of any Elections Committee-sponsored advertisements/notices including, but not limited to: Proclamations, Notice of Poll, Declaration of Return, copy of the ballot All records for a given year shall be submitted by the Returning Officers to the MSU Archives no later than March 31st, and shall be retained indefinitely unless otherwise specified.

26 BYLAW 10/A ELECTORAL PROCEDURE 1. PURPOSE 1.1 To define the procedures according to which MSU elections and referenda are to be administered. 2. PROCLAMATION 2.1 The CRO or DRO, on behalf of the Elections Committee, shall issue a proclamation though available communicative channels including campus media no later than the day nominations are open, indicating: The place and time fixed for the nomination of candidates in the case of an election; The general nature on the issue pending in a referendum and the time and place fixed for sign-up of official referendum side representatives; The day(s) on which the poll is to be held; Any additional information deemed appropriate by the Elections Committee. 3. CANDIDATE NOMINATION & SIDE REGISTRATION PROCEDURES 3.1 Nomination forms must be signed by the nominee and fifteen (15) members in good standing with the MSU, from the applicable constituency Members in good standing are considered those without outstanding elections fines, and those who have not been charged violations of 32 (a), (b), or (c) of the Student Code of Conduct, at the direction of the Equity and Inclusion Office; Constituency for First Year Council elections shall consist of all MSU members registered in Level I of their program of study, or specific residence Constituency for an SRA election shall consist of MSU members from within the same academic division as the candidate Constituency for a Presidential election shall consist of all MSU members. 3.2 Eligible nominees shall submit nomination forms to the Returning Officers, who shall validate the signatures of the nominators. Members of the Elections Committee shall assist in the validation of signatures at the discretion of the Returning Officers Any candidate whose nomination form is complete but does not meet the validation requirements shall be given one (1) school day after the close of nominations to amend and resubmit the nomination form for final validation. Approved 09R Revised EB 10-09, 10K, 11O, 14K, 18G

27 BYLAW 10/A ELECTORAL PROCEDURE Page The content of nomination forms shall be treated as information privileged to the Returning Officers, Elections Committee members designated by the Returning Officers, and the Administrative Services Coordinator until the finalized list of valid candidates has been posted. 3.3 Nomination forms and deposits, and side registrations, shall be accepted through the MSU Main Office for a period of at least five (5) school days for by-elections and referenda held concurrent to by-elections, and ten (10) school days for all other elections and referenda If the number of valid nomination forms submitted is fewer than or equal to the number of available positions, the CRO shall declare all nominees duly elected by acclamation Nominations for any remaining seats shall be re-opened for a period of up to five (5) school days. 3.4 A candidate may withdraw at any time after nomination and prior to the opening of polls by delivering to the Returning Officers written notice of their decision to withdraw. 4. GRANT OF POLL If after the withdrawal, there remain a number of candidates equal to or less than the number of elected positions available, the CRO shall declare the remaining candidate(s) duly elected by acclamation. 4.1 If the number of candidates nominated exceeds the number of elected positions available, the CRO shall grant a poll for the taking of votes. 4.2 The CRO shall issue a Notice of declaring the link to the polls (if applicable), location of poll stations, dates, and times of poll at least three (3) school days prior to the first polling day. 5. PREPARATION OF BALLOTS 5.1 Voting will take place through online voting software If any constraints prohibit online voting, the elections will move to paper balloting at the earliest time possible The Elections Committee will make a technical complaint form available online and at the MSU front desk. All concerns regarding the electronic voting system must be made through this form. The Returning Officers will make a decision within twentyfour (24) hours after receiving the complaint. Any decisions must be conveyed to eligible voters within twelve (12) hours of making the decision All decisions made by the Returning Officers regarding technical complaints shall be subject to ratification by the Elections Committee A hyperlink to the polls will be displayed on the MSU homepage for the duration of polling