ASSOCIATED STUDENTS

CODE ELECTIONS ASSOCIATED STUDENTS
Revised to May 1, 2009.
OF THE OF

Compiled by Vis Lupi Est Grex together with Notes of the Reviser vislupiestgrex.blogspot.com

VIS LUPI EST GREX RENO : 2010

NOTE TO THE READER
This compilation represents the best efforts of Vis Lupi Est Grex to create an up-to-date compilation of the Code of Elections. This compilation is based on official records on file with the Archives of the Associated Students. Where the Reviser believes a manifest error is present, a note is inserted to indicate the error. No change is made to the literal text of the underlying statutes which are the sources for the compiled text.

CODE OF ELECTIONS
Enacted by the Election Regulation Act of 2007 (S. B. 75–27; ASUN Public Law 75–25; 75 ASUN STAT. 64), approved December 19, 2007. Amended by S. B. 75–31 (ASUN Public Law 75–28; 75 ASUN STAT. 91), approved February 4, 2008. Amended by ASUN Public Law 75–55 (75 ASUN STAT. 160), approved April 6, 2008. Amended by The Election Revisions Bill of 2008 (ASUN Public Law 76–17), date of enactment unknown, effective May 1, 2009. § 1. Purpose and intent (a) PURPOSE.—The purpose of this Code is to provide for the conduct of all Association elections. (b) EQUAL PROTECTION.—This Code is intended to ensure that each candidate is afforded an opportunity for election equal to that of any other candidate for that office, and proponents and opponents of initiatives, referenda, and other petitions are afforded an equal opportunity for their respective victory. § 2. Election Commission (a) ESTABLISHMENT; MEMBERSHIP; TERM OF OFFICE; VACANCIES; QUALIFICATIONS; COMPENSATION.— (1) There is established a commission to be known as the Commission on Association Elections (commonly the Election Commission). The Commission is composed of a Chair, an Assistant Chair, Poll Coordinator, Ballot Coordinator, and Publicity Coordinator to be appointed by the President with the consent of the Senate, and such other members as may be appointed pursuant to this Code. (2) TERMS OF MEMBERS.— (A) Members of the Commission shall serve for renewable terms which shall expire on July 1 succeeding the election during which they served. (B) A member of the Commission may serve on the Commission after the expiration of his or her term until a successor has taken office as a member of the Commission. (C) An individual appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. (D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment.

Code of Elections—2 (3) QUALIFICATIONS.—Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Association. (4) COMPENSATION.— (A) Members of the Commission shall be compensated for their service. The Senate will annually determine the Chair’s stipend. Half of this stipend will be paid one month after the Chair takes office. The second payment will be disbursed two weeks after a final certification of the election results. (B) The other members shall receive a compensation as determined by the Senate, which shall be withheld until two weeks following a final certification of the election results. (C) If at any time, it can be shown before the Judicial Council that a member of the Commission has been grossly derelict in his or her duties, the Judicial Council shall have the power to enter an appropriate remedy by ordering compensation withheld. (b) ADMINISTRATION AND FORMULATION OF POLICY; EXCLUSIVE JURISDICTION OF ENFORCEMENT; AUTHORITIES OF THE SENATE.— (1) The Commission shall generally administer, seek to obtain compliance with, and formulate policy with respect to the provisions of this Code. (2) Nothing in this Code shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Senate or any committee of the Senate with respect to elections for Association office. (c) VOTING REQUIREMENTS; DELEGATION OF AUTHORITIES.—All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this Code shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his or her vote or any decision-making authority or duty vested in the Commission by the provisions of this Code unless specifically provided for otherwise in this Code. (d) No member of the Commission may publicly support or oppose any candidate or petition in an ASUN election while serving on the Commission. Failure to abide by this provision shall be held to be grounds for impeachment and removal from office. (e) MEETINGS.—The Commission shall meet as often as is necessary for the proper exercise of its duties.

Code of Elections—3 § 3. Duties of the members of the Commission (a) DUTIES OF THE COMMISSION CHAIR.—The duties of the Chair are as follows: (1) To take the complete administrative charge for all details of ASUN elections and the Commission. (2) To appoint, with the consent of the Senate, additional members of the Commission as may be necessary for the efficient administration of the election, which may not exceed four appointees under this paragraph. (3) To advise the Senate on the financial and practical impact of any legislation which may affect the Commission or the administration of an election. (4) To be in charge of issuing warnings for violations of the Code of Elections. (5) To make a regular report to the Senate at a minimum of every two weeks. (6) To coordinate the cleanup of campaign materials following the election. (7) To assist the other members of the Commission when necessary. (8) To carry out such other functions and duties as required under the Constitution and laws. (9) To act as the primary liaison between all candidates and the Commission. (10) To Conduct 1, or delegate the conduction of, the Candidates’ meeting. (b) DUTIES OF THE ASSISTANT CHAIR.—The duties of the Assistant Chair are as follows: (1) To assist the Chair, to be responsible to the Chair, and to aid the Chair in his or her duties. (2) To assume the duties of the Chair in the event of the resignation, removal, or temporary or permanent disability of the Chair to perform his or her duties, until such time as a successor is appointed. (3) [Repealed.] (4) [Repealed.] (5) To design and provide all filing forms. (6) To maintain a file of all Commission records, papers, forms, reports, or statements filed by each candidate, group, and to serve as secretary to the Commission. (7) To ensure that appropriate bins for the purpose of recycling unwanted flyers are accessible during and prior to the Elections.

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So in original. Probably should not be capitalized.

Code of Elections—4 (8) To act as the Chief Administrator of the Campaign Finance Limits in accordance with this Code. (9) To verify the validity of all filing form information, including candidate names, as outlined in this Code and to inform affected candidates, so far as possible, of any problems or inconsistencies. (10) To assist the other members of the Commission when necessary. (11) To carry out such other functions and duties as required under the ASUN Constitution and laws. (c) DUTIES OF THE POLL COORDINATOR.—The duties of the Poll Coordinator are as follows: (1) To assist the Chair and to be responsible to him or her. (2) To provide sufficient workers and material for each poll. (3) To conduct or delegate the conduction of a Poll workers’ Meeting for the purpose of training the poll workers. (4) To arrange for transportation of ballots and ballot boxes to and from the polls. (5) To arrange for the setting up and removal of polls and to arrange for a sufficient number of polling booths at polling locations. (6) To arrange for a system to ensure that students are able to vote no more than once in each election. (7) To arrange for all other details related to polls. (8) To organize any orientation materials, writing and copy for poll worker advertisements, scheduling poll workers, making a phone list of all poll workers, making a poll worker application packet. (9) To advertise, interview, and schedule poll workers and alternates and be responsible for last minute substitutions at the polls. (10) To ensure that proper conduct is maintained in the vicinity of polling sites. (11) To assist the other members of the Commission when necessary. (12) To carry out such other functions and duties as required under the ASUN Constitution and laws. (d) DUTIES OF THE BALLOT COORDINATOR.—The duties of the Ballot Coordinator are as follows: (1) To assist the Chair and to be responsible to him or her. (2) To design the ballot and arrange for its printing and any other details which involve the ballot. (3) To be the official contact for all matters relating to electronic means of voting. (4) To ensure a correct count and watch over the ballots whenever they are being officially handled.

Code of Elections—5 (5) To arrange for the tallying of the ballots. (6) To assist the other members of the Commission when necessary. (7) To carry out such other functions and duties as required under the ASUN Constitution and laws. (8) To ensure equal access to voting for people with disabilities, where reasonable efforts will be made to provide accommodations to people with disabilities, including, but not limited to, wheelchair accessible polling locations, large-print ballots, and Braille ballots. (8) 1 To prepare and arrange for the printing, availability, and receipt of absentee ballots. (e) DUTIES OF THE PUBLICITY COORDINATOR.—The duties of the Publicity Coordinator are as follows: (1) To assist the Chair and to be responsible to him or her. (2) To provide extensive publicity of the candidate filing period and election, in such a manner to ensure that all elements of the campus community will receive equal notice. (3) To place at least a 2 column-inch advertisement, or equivalent, in The Nevada Sagebrush every day that it is published throughout the candidate filing period and during the election, and any additional times he or she deems necessary. (4) To send flyers out to all of the residence halls, fraternities, sororities, academic departments, student activity groups, and anywhere else that he or she deems necessary by the first day of the filing period and the first day of voting. (5) To place posters on campus anywhere he or she deems necessary throughout the filing period and prior to the election. (6) To publicize the Filing Period. (7) To provide other such extensive publicity as he or she deems necessary. (8) To provide extensive publicity prior to the election of all polling places, and times that each will be open. (9) To clearly mark all polling places so that they will be easily identifiable. (10) To publish a full statement of any proposed recalls or petitions at least once prior to the election period in The Nevada Sagebrush. (11) To provide for the publication of the Voters’ Guide. (12) To assist the other members of the Commission when necessary. (13) To carry out such other functions and duties as required under the ASUN Constitution and laws.

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So in original. Probably should be (9).

Code of Elections—6 § 4. Elections duties of the Attorney General; recusal when conflict exists (a) The Attorney General shall have the following duties with respect to elections: (1) To investigate alleged violations of this Code and prosecute offenders before the Judicial Council. (2) To prosecute any case, at his or her discretion, filed by a third party, even in cases where the plaintiff seeks to dismiss the charge. (3) To act as the representative of the Commission before the ASUN Judicial Council. (4) To ensure that all regulations concerning petitions are followed fully. (5) To deliver all petitions for Initiative and referendum to the Elections Commission before the Candidates’ Meeting. (6) To carry out such other functions and duties as required under the constitution and laws. (b) The Attorney General shall not prosecute any case to which he or she is a party or in which he or she has an interest in the outcome. When such a conflict occurs, the Chair of the Commission shall act as a special prosecutor to act as and perform the elections duties of the Attorney General insofar as the Attorney General’s conflict is concerned. § 5. Appointment of poll workers; compensation of staff of Association (a) The Poll Coordinator shall appoint such number of poll workers as is necessary to adequately staff the polls. The Poll Coordinator may deputize staff of the Association, except those who have been appointed to the direct service of the President or the Senate. (b) Regular staff of the Association shall be compensated at their regular rate during time served as a poll worker. § 6. Mechanics of the elections (a) ELECTION DATES.—ASUN Elections shall be held in accordance with the constitution. (b) Polling Locations. – the building where polling is taking place. (1) PLACES OF ELECTIONS.—Any election of the ASUN shall have a polling site located within the Student Union, which shall be open for voting at a minimum between the hours of 8 a.m. and 6 p.m., and at any other on-campus location that the Commission may determine to be in the interests of the student body: Provided, That such additional locations are open— (A) on each day of polling; (B) to all members of the campus community; and (C) for no fewer than four hours each day.

Code of Elections—7 (2) The Commission shall place the polls so as to avoid congestion and provide easy access to the voter. (3) The locations of the polls shall be well-publicized before and during the election. (c) CLOSING OF POLLS.—No person in line to vote at the time the poll closes shall be prevented from voting at that place and time. (d) CONDUCT AT POLLS.—The Commission shall determine areas where campaigning is not allowed prior to the Candidates’ Meeting. This area shall not have campaign signs, posters, or other literature and candidates shall not be allowed to campaign in it. Conduct of the polls is further limited as follows: (1) There shall be no loitering at the polls. (2) The Commission shall provide sufficient ballot boxes at each poll to avoid crushing of ballots. (3) No candidate or agent of a candidate shall actively or passively campaign to any voter from within 25 feet of the polling location. (e) STAFFING OF THE POLLS.—Each Poll shall have at least two poll workers. § 7. Voters’ Guide (a) PURPOSE.—The Voters’ Guide shall provide an opportunity to candidates and proponents and opponents of petitions to express their opinions on the Elections, and for information to be disbursed to the electorate about the ASUN, the voting procedures, and the candidates and petitions. (b) SPECIFICATIONS.—The Voters’ Guide shall include candidate statements, the full text of all petitions and constitutional amendments, an explanation of voting procedures, and a description of the duties of the Senate and Executive Officers. (c) DISTRIBUTION.—The distribution of the Voters’ Guide shall include, but is not limited to, polling locations, living areas (such as Residence Halls, Fraternities and Sororities), The Nevada Sagebrush and the Disability Resource Center. § 8. Candidates (a) ELIGIBILITY.— (1) Each candidate must meet the requirements of eligibility for the office for which they are running as stated in the ASUN Constitution. (2) The Commission shall confer with the Director of ASUN to verify the student status of each candidate. (3) All candidates declared ineligible to run shall be notified by the Elections Commission or their delegate. (b) CANDIDATE NAME.— (1) In any election the name of a candidate printed on a ballot may be the given name and surname of the candidate, a

Code of Elections—8 contraction, or familiar form of his given name followed by his surname. A nickname may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not be vulgar or threatening and must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a campus-wide, statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting. (2) In any election if two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, the middle initials, if any, of the candidates must be included in the names of the candidates as printed on the ballot. (3) The Assistant Chair shall verify the validity and legality of all candidate names, as submitted on the filling form by the candidates, and shall inform all affected candidates of any problems or inconsistencies. This shall be done, as far as possible, prior to the Candidates’ Meeting, in order to permit corrections. (c) FILING.— (1) The Filing Period for candidates shall open at 8 a.m. on the seventh Monday before voting begins. The filing period shall close at 5 p.m. on the Friday during the following week after the Filing Period opens. (2) Candidates for all positions must indicate their desire to run by completing an official Candidate Filing Form during the Filing Period. The Candidate Registration Form shall be provided by the Elections Commission and made available to the public. (3) Candidate Filing Forms may be filed online on the ASUN official website. (4) Candidates for Senate who are members of multiple colleges or schools shall file under only the college or school in which they first enrolled and are currently enrolled, as reported by the Office of Admissions and Records. (d) CANDIDATE FILING FORM.—Each candidate shall file a Candidate Filing Form with the Commission during the Filing Period. The Candidate Filing Form shall include— (1) the Candidate’s name as it appears on their University of Nevada, Reno Student Identification, and their name as it is to appear on the ballot; (2) the office the Candidate is seeking; (3) contact information of the candidate; (4) a student identification number (R-Number); (5) a list of agents of the campaign, persons who are directly affiliated with the campaign; and

Code of Elections—9 (A) At any time during the campaign of a copy of the original filing form with additional agents may be submitted to the commission. 1 If submitted after the first day that agents acts 2 on behalf of the campaign that date shall be indicated for such agents. All agents for a campaign must be reported by and no additions can be made after two weeks before the general elections. 3 (6) a statement signed by the candidate that he or she is responsible for all information contained in this Code and the information that will be presented at the Candidates’ Meeting. (e) DEADLINE FOR WITHDRAWAL.— (1) A candidate may withdrawal his or her name from the election by filing a written notice with the Election Commission stating their withdrawal. (2) The deadline for withdrawing from the Primary shall be the end of the Mandatory Candidates’ Meeting. (3) The deadline for withdrawing from the General Election shall be five business days prior to the General Election. (f) (1) The Candidates for all positions shall be required to submit a fifty dollar ($50.00) deposit.” (2) The deposit shall be used to coerce compliance by the candidates with Section 2 Sub-section 14 4 of the Election Code. (3) Some or all of the deposit may be withheld pursuant to Section 15 of the Election Code. (4) The remainder of the deposit will be returned to the candidates following the certification of the election results if no cases are pending pursuant to Section15 5 of the Election Code. (g) GPA Requirement Verification. – (1) A waiver must be signed by the candidate and turned into the commission1 prior to or during the mandatory candidates meeting that gives permission only for the director1 of ASUN to verify the candidate’s GPA to determine whether that candidate is eligible for elections. § 9. Qualifications of voters (a) Students shall show their Student ID card at the polling location prior to voting to prove that the person is a qualified voter. (b) Students shall vote in the college or school in which the student first enrolled into and is currently enrolled, as reported by the Office of Admissions and Records. (c) The student must be a member of the college or school by the close of the late registration period for the semester in which the

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So in original. Probably should be capitalized. So in original. Probably should be “act”. 3 So in original. Probably should be “election”. 4 So in original. Probably should be “Section 14”. 5 So in original. Probably should be a space between “Section” and “15”.

Code of Elections—10 election is held in order to qualify as a voter in that particular college or school. (d) Students who are members of multiple colleges or schools shall vote for the senate 1 positions of only one college of their preference. § 10. Petitions for initiative and referendum (a) DEFINITIONS.— (1) PETITION.—A petition is any Initiative or Referendum which will be placed before the student body in an ASUN election, in pursuance of constitutional definitions of initiative and referendum. (A) Initiative is defined as any item of enactment may be put to a vote of the students by petition. No measure repealing a prior action shall be done by initiative. (B) A referendum shall be used to repeal any item of enactment of the Senate. (2) PRIMARY PROPONENT(S) OF A PETITION.—A Primary Proponent of a petition is any student that submits a petition. The Primary Proponent(s) of any petition is responsible for the conduct of the campaign in support of the petition. (3) PROPONENT OF A PETITION.—A Proponent of a petition is any person, including the Primary Proponent(s) of a petition, who acts in support of a petition by delegation, either explicitly or implicitly, of one or more of the Primary Proponents of that petition. This shall include any person who circulates or attempts to circulate a petition. This shall not be construed as to include individuals who act in support of a petition independently and without the knowledge of the Primary Proponent(s). (4) PRIMARY OPPONENT(S) OF A PETITION.—After the verification of a petition for an initiative petition or referendum, the Attorney General shall inform the following individuals, in the following order, that they may claim the role of Primary Opponent: (A) The President. (B) All other ASUN Elected or Appointed Officers. (C) Any signatory of an ASUN sponsored Club or Organization. (D) Any member of the Association. (5) The Primary Opponent may then submit to the Commission a statement for the Voters’ Guide, and submit to the Attorney General a statement acknowledging that he or she is responsible for the conduct of the campaign in opposition to the petition. (6) OPPONENT OF A PETITION.—An Opponent of a petition is any person, including the Primary Opponent(s) who acts in opposition to a petition by delegation, either explicitly or implicitly, of

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So in original. Probably should be capitalized.

Code of Elections—11 one or more of the Primary Opponents of that petition. This shall not be construed as to include individuals who act in opposition to a petition independently and without the knowledge of the Primary Opponent(s). (b) DATE OF VOTING.—The vote on an initiative or referendum shall take place at the next regular election following receipt of the petition, provided that the date of receipt is before the end of the candidate filing period for that election; otherwise, the vote shall take place at the next regular election thereafter. (c) PETITION STATEMENT REQUIREMENTS.—The statement of each petition must be at most two sentences in length. The first sentence may state the issue to be voted on in an unbiased manner. The last sentence shall be a neutrally worded question to which an answer of “yes” or “no” is appropriate. (d) NOTIFICATION TO THE COMMISSION.—It shall be the responsibility of the Attorney General to provide all of the petitions for each election to the Commission before the Candidates’ Meeting. (e) REQUIRED VOTES FOR PETITIONS.— (1) Unless otherwise stated in the Constitution or laws, (or in the case of student fee questions, applicable to University Policies), a favorable vote of a majority of the votes cast for and against the petition shall be necessary for adoption of the petition. (f) POSITIONS CHANGED BY CONSTITUTIONAL AMENDMENT.— (1) In the case where a constitutional amendment will delete an elected position and create a different one with substantially the same duties, a person elected to the old position shall be considered elected to the new position if the constitutional amendment passes. (2) The Commission shall indicate that such a case exists by titling the position, on the ballot and in its other literature, with a juxtaposition of the old and new titles (e.g. “Officer Title X/Officer Title Y”). (g) SUBMISSION OF PETITION TO ATTORNEY GENERAL.— (1) Prior to circulating any petition, the Proponent(s) shall submit to the Attorney General the proposed question. (2) The Proponent(s) shall submit a statement to the Attorney General that he or she is the Primary Proponent of the petition, and is responsible for the conduct of the campaign in support of the petition. (3) The Attorney General shall certify that the question is an impartial and accurate description of the proposal, and shall assign the petition an Official Name of Number. If the petition creates a law, the Attorney General shall prepare an Official Summary of the petition. The Attorney General shall confer with

Code of Elections—12 the office of Legal Counsel or his or her designee for approval of language on questions of student fees. (4) The Attorney General shall create the petition and return to the Primary Proponent three copies of the petition. (5) Attorney General shall be available to assist any student interested in writing a petition. (h) CONTENT OF PETITIONS.— (1) The petition shall contain the full title and statement of the petition as it is to appear on the ballot on each page on which signatures are to appear. (2) The petition shall contain the Official Summary of the petition on each page on which signatures are to appear in Roman type not smaller than 12-point. (3) The petition must have room for the signature of each petition signer, his other printed name, and University of Nevada, Reno, Student Identification Number. Signature spaces must be consecutively numbered commencing with the number 1 for each page. (4) Attached to each page of the petition on which signatures are to appear shall be any other material not in the text of the petition which is directly relevant to the petition. (i) CIRCULATION OF PETITION.— (1) The petition may be circulated by many different people carrying separate, identical Sections. (2) Petitions may be circulated only by registered University of Nevada, Reno, undergraduate students. (3) Each petition circulator who obtains signatures must complete a declaration attached to the petition stating— (A) that he or she is a registered University of Nevada, Reno, undergraduate student; (B) that the circulator witnessed the appended signatures being written; (C) that to the best of his or her information and belief, each signature is the genuine signature of the person whose name it purports to be; and (D) the printed name, address, and telephone number of the circulator soliciting the signatures. (4) If any information given under this statement is false, the entire Section of the petition shall not be used. (j) PETITION SIGNATURES.— (1) Each signer must personally place on the petition his or her signature, printed name, and University of Nevada, Reno, Student Identification Number. (2) None of the above may be preprinted on the petition. Any signature line which is not legible or complete shall not be counted.

Code of Elections—13 (3) Each signer may sign a petition only once. (k) PRESENTATION OF COMPLETED PETITION.— (1) A petition shall be considered presented when it has been physically presented to the Attorney General. (2) To prevent unauthorized petitions from circulating and unauthorized persons from filing petitions, only the Primary Proponent(s) of a petition, and persons authorized in writing by one or more of the Primary Proponent(s) may submit Petitions to the Attorney General. Any other petitions submitted will be disregarded by the Attorney General. (3) Once submitted, petitions may not be amended except by order of the Judicial Council. (l) VERIFICATION OF THE PETITION.— (1) The Attorney General and the Ballot Coordinator shall verify that there are a sufficient number of valid signatures on each petition, by checking the student status of each person who signed the petition. Any signatures or pages of signatures not in compliance with this section shall not be counted towards the minimum number of signatures necessary for qualification. (2) If the verifying official discovers that the petition submitted lacks sufficient valid signatures, the Attorney General shall immediately notify the Primary Proponent(s) and no further action is taken on the petition. (3) The Attorney General must preserve the petition for the same time period as the Commission preserves the ballots for the election for which the petition qualified or attempted to qualify for placement on the ballot. (4) If a petition has not been verified in time for the Candidates’ Meeting, the petition shall be treated as valid until the verification is complete. (m) PLACEMENT OF PETITION ON BALLOT.—Once a petition has qualified for the ballot, the Attorney General shall transmit the petition to the Ballot Coordinator for inclusion on the ballot. (n) ADDITIONAL PROVISIONS FOR CONSTITUTIONAL AMENDMENTS.— A petition for a constitutional amendment shall be filed with the Attorney General in the same manner as a petition for initiative or referendum, who shall submit it to the Senate of the Associated Students once it has been qualified. No constitutional amendment shall be placed on the ballot without action of the Senate. § 11. Recall elections (a) Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the Attorney General. (b) After the notice of intent has been filed the petitioner may begin collecting the constitutionally required number of signatures to initiate a recall election.

Code of Elections—14 (c) If the number of signatures is achieved the special election shall be held in accordance with the Constitution by the Commission. (d) The Recall Election shall be held in compliance with this Code as deemed appropriate by the Commission. § 12. The informational session (a) The Commission may hold an optional, non-committal, Informational Session in the one week preceding the closing of the Filing Period. The time, location, and agenda of this meeting shall be posted on the Association website. (b) FUNCTION OF THE INFORMATIONAL SESSION.—The function of the Informational Session is to— (1) acquaint all students with the basic structure, functions, and authority of the ASUN; (2) acquaint students with the culture of the ASUN elections process; and (3) answer any and all of the questions students may have about the ASUN and how to become involved within it. § 13. The candidates’ meeting (a) The Commission Chair shall hold a mandatory Candidates Meeting on the first Tuesday of classes following the end of the Filing Period. All candidates are responsible for all information that is disseminated at the meeting. The time, location, and agenda of this meeting shall be placed on the ASUN website the week prior to its occurrence. (b) FUNCTION OF THE CANDIDATES’ MEETING.—The function of the candidates’ meeting is as follows: (1) To acquaint all candidates with the basic structure, functions, and authority of the ASUN and of the Election Code. (2) To discuss problems which have arisen in past elections. (3) To discuss ASUN Judicial Council decisions and policies regarding elections, specifically the list of punishable infractions and their respective punishments, as set forth in section 15. (4) To discuss the administrative details of the election; (5) To explain requirements for each candidate statement for the Voters’ Guide. § 14. Campaign rules (a) The purpose of this subsection is to hold candidates and petitioners responsible for malicious assault on the most fundamental foundation of democracy, and to define and provide equitable remedy for the same. Any person, candidate, proponent, or opponent of a petition found before the ASUN Judicial Council to have committed a malicious assault on the most fundamental foundation of democracy through the following act shall be subject to punishment by the guidelines as set forth in section 15: (1) Interfering with the proper tallying of votes.

Code of Elections—15 (b) The purpose of this subsection is to hold candidates and petitioners responsible for serious ethical breaches which threaten the validity of the ASUN’s commitment to fairness, democracy, and the legal institutions empowered to protect that democracy, as well as to define and provide equitable remedy for the same. For this reason, any person, candidate, proponent or opponent of a petition found before the ASUN Judicial Council to have committed the serious ethical breaches stated in this section through the following acts shall be subject to punishment by the guidelines as set forth in section 15: (1) Willfully violating a lawful order from the ASUN Judicial Council or the Commission. (2) Intentionally falsifying information on any Commission forms, or in the Voters’ Guide. (3) Refusing to appear before the ASUN Judicial Council, if subpoenaed by the Council; the candidate shall be exempt from appearing before the Council if he or she can show a valid excuse. It shall be the Judicial Council’s obligation to ascertain the validity of any claim as to the above. (4) Soliciting unpaid political advertising in an ASUNSponsored Publication. (5) Using ASUN authority, facilities, funds, or resources for campaign purposes, including for long term or bulk storage of campaign materials. (6) Knowingly and actively campaigning within 25 feet of the polling location. (7) Badgering or threatening witnesses subpoenaed for a Judicial Council hearing or Judicial Council members themselves. (8) Obstructing an investigation by the Commission or the Attorney General. (9) Exceeding the campaign finance spending limits as defined in section 15. (10) Violation of an election rule promulgated by the Residence Hall Association or Department of Residential Life, Housing and Food Services. (c) The purpose of this subsection is to hold candidates and petitioners responsible for interfering with the mission of the ASUN, and for threatening the safety of the campus, and to define and provide equitable remedy for the same. For this reason, any person, candidate, proponent or opponent of a petition found before the ASUN Judicial Council to have interfered with the mission of the ASUN or threatened the safety of the campus through the following acts shall subject to punishment by the guidelines as set forth in section 15:

Code of Elections—16 (1) Willfully destroying , 1 defacing, covering, moving or removing from their places, posters, signs, banners, leaflets or flyers of ASUN groups or business operations which bring revenue to the ASUN. (2) Willfully destroying ,1 defacing, covering, moving or removing from their places, posters, signs, banners, leaflets or flyers which advertise functions, meetings, events, or existence of ASUN sponsored student groups and publications. (3) Willfully destroying ,1 defacing, covering, moving or removing from their places, posters, signs, banners, leaflets or flyers of other candidates for office in the ASUN election. (4) Persistently blocking any entrance or tight space, or otherwise significantly restricting the flow of vehicular or pedestrian traffic on campus. (d) The purpose of this subsection is to hold candidates and petitioners responsible for violations of important legal protocols which transcend the internal processes of the ASUN, and to define and provide equitable remedy for the same. For this reason, any person, candidate, proponent or opponent of a petition found before the ASUN Judicial Council to have committed violations of important legal protocols through the following acts shall be subject to punishment by the guidelines as set forth in section 15: (1) Filing malicious, frivolous, or bad faith charges against any candidate. If another candidate engages a third party to file such charges, both parties shall be held responsible. (2) Using e-mail lists or posting boards to campaign, with spam, which is defined as e-mail that does not meet any of the following conditions: (A) The author has a pre-existing relationship with the recipient(s). (B) The author has permission from the leadership of the organization. (C) The author is a member of the organization. (3) Claiming an endorsement of an individual, group, or party without consent. Candidates should, but are not required, to obtain endorsements in writing. (e) The purpose of this subsection is to hold candidates, and petitioners responsible for violations of ASUN Elections Protocol and of University Guidelines, and to provide equitable remedy for the same. For this reason, any person, candidate, proponent or opponent of a petition found before the ASUN Judicial Council to have committed violations of ASUN Elections Protocol and of University Guidelines through the following acts shall be subject to punishment by the guidelines as set forth in section 15:

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1

So in original. Probably should not be a space before the comma.

Code of Elections—17 (1) Posting campaign literature of any candidate on restricted bulletin boards or any structured or natural feature of the campus such as, but not limited to, doors, windows, buildings, surfaces of walkways or roads, fountains, posts, waste receptacles, fences, or trees. This rule does not limit posting on campus public access bulletin boards and kiosks, or in areas in which the proper permission has been obtained. (2) Failing to file two copies of all campaign material with the Commission, or in the event that an actual copy cannot be submitted, one picture of each campaign material, within 48 hours of dissemination. The intent of the requirement to turn in copies of campaign material is to make sure that in the event of a Judicial Council case, there will be a record of all relevant literature. (3) Attaching or leaning sandwich boards, picket signs, or other displays against campus vertical features including but not limited to buildings, doors, fountains, posts and fences, waste receptacles, and trees. (4) Willfully placing campaign material in any University building, including classrooms, libraries, bathrooms, and on chalkboards, but excluding the posting of campaign material on public access bulletin boards and kiosks within University buildings. (5) Failing to attend and participate in the Mandatory Cleanup day that shall be established by the Commission on the Saturday following the election, unless campaign materials are cleaned up prior to the Clean-up day. (6) Claiming endorsements without bearing the disclaimer, “Titles for Identification Purposes Only” in the same size font as the majority of the text of the endorsements is written. (7) Failing to turn in Campaign Finance receipts, as required by section 20. (8) Interfering with, or campaigning within 10 feet of any official Commission sandwich boards or banners. (9) Unintentionally falsifying information on any Commission forms or in the Voters’ Guide. (10) Failure to meet the deadline for withdrawal. (f) TEMPORARY RULES.—Temporary rules may be implemented by the Commission Chair where an urgent situation necessitates temporary additions, amendments, or a suspension of a portion of this Code, provided all candidates are affected equally. A Temporary Rule shall not take effect until approved by a majority vote of the ASUN Judicial Council with at least three members present. These rules must be posted in a designated area of the Joe Crowley Student Union so that all candidates have access to them. (g) CONDUCT OF CAMPAIGN.—

Code of Elections—18 (1) A candidate shall be considered guilty of a violation of the Campaign Rules by an agent of that candidate acting within the scope of his or her delegated authority. (2) A candidate may deny the action of any individual who violated the Campaign Rules in favor of some candidate or group by denying said violator is his or her agent within 24 hours after the violation has been discovered and reported by the Commission to the candidate. This shall be done either in written form or verbally to the Commission. (3) It is the intent of this subsection to hold a candidate responsible for violations committed by his or her agents if those agents are involved in that general area of the campaign. (4) If any Proponent of a petition is found to have violated this Code, the petition shall be assessed the corresponding sanction, up to and including the disqualification of the petition. (h) PUBLIC POSTING OF CHARGES AND RESPONSIBILITY FOR CORRECTING VIOLATIONS.— (1) Charge sheets, Judicial Council decisions, and out-ofcouncil settlements related to violations of this Code shall be posted in a designated public location in the Joe Crowley Student Union. Candidates, and all others cited shall be notified by the Attorney General, and are responsible for correcting all violations, if possible to correct, immediately upon notification. § 15. Punishment for violations of campaign rules (a) The Judicial Council shall be vested with the authority to hear and decide allegations of violations of section 14, pursuant to its rules and regulations as set forth in ASUN Rules. (b) Punishment for violation of section 14(a)(1) shall be in the form of withholding fifty dollars of the Candidate’s deposit. All candidates are warned of the consequences of these actions at the Candidates Meeting, pursuant to section 13(b)(3). (c) A finding of violation of the conduct prohibited by section 14(b) through (e) shall be punishable by withholding a portion of the Candidate’s deposit no less than five dollars or an alternative minimum to be determined by the Commission prior to the Candidate’s meeting. (d) In addition to the authority granted the Judicial Council herein, it shall have equitable power to assure that the punishment levied fits the violation found to occur so as to assure a fair and just result. (1) Sanctions for any acts or violations by a candidate, whether before, during, or after the Judicial Council hearing, which are not specifically addressed in the ASUN Rules shall not be imposed by the ASUN Judicial Council at any time. (e) DEFINITIONS.—

Code of Elections—19 (1) Badgering is defined as “interfering with a witness testimony, attempting to prevent a witness from providing honest testimony, or interfering with the processes that the Judicial Council abides by to arbitrate a case in a fair manner”. (2) Threatening is defined as “Expressing an intention to inflict pain, injury, or punishment to another party if the party testifies a certain way”. (3) Intentional is defined as “Committed deliberately”. (4) Willfully is defined as “Having prior knowledge of the consequences of the violation and intentionally committing it in such a way as to undermine the fairness of an election”. (5) Malicious is defined as “Deliberately harmful or spiteful”. (6) Frivolous is defined as “Inappropriately silly or trivial”. (7) Bad faith is defined as “Intentional dishonesty or deception”. (f) A candidate will be disqualified if the entirety of the Candidate’s deposit is withheld. (g) A finding of violation of the conduct prohibited by section 14(e)(5) shall be punished by withholding a portion of the Candidates 1 deposit no less than 20 dollars or an alternative minimum to be determined by the commission 2 prior to the Candidate’s Meeting. (h) punishment 3 for a violation of the conduct prohibited by section 14(e)(10) shall be in the form of disqualification as well as the punishments pursuant to Section 15(c). § 16. ASUN Judicial Council (a) JURISDICTION.—The ASUN Judicial Council shall have sole jurisdiction in all cases arising under this Code. (b) SANCTIONS.—The ASUN Judicial Council shall be empowered to impose the sanctions specified for violation of the Campaign Rules in this Code. (c) CONTEMPT OF COUNCIL.—The imposition of sanctions for contempt of council for violations of campaign Rules shall be imposed by the Judicial Council after a hearing at which the offending party appears and is heard. (d) SETTLING OUT OF COUNCIL.—For a violation of section 14 a sanction can be imposed by mutual written agreement of the Attorney General, the Commission Chair, and the individual being charged rather than having a Judicial Council hearing. The agreement must contain a waiver preventing any of the signatories or parties they represent from bringing the case before Judicial Council in the future. Any such agreement must be accompanied by a written explanation

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1 2

So in original. Probably should be “Candidate’s”. So in original. Probably should be capitalized. 3 So in original. Probably should be capitalized.

Code of Elections—20 of the circumstances surrounding the violation and must be approved by the Judicial Council. (e) STATUTE OF LIMITATIONS.— (1) Sanctions may be assessed against an individual for violating this Code at any time, whether the individual has filed for candidacy yet or not. Any sanctions imposed shall be accumulated only until the regularly scheduled ASUN election of that year. (2) The Senate may amend these rules at any time during the year. It is the responsibility of the campaigner to obtain the current rules and procedures for campaigning. (3) No amendment to section 14 (Campaign Rules) approved after the Candidates’ Meeting shall take effect until after the Regular ASUN Election for that semester. (4) All ASUN Officers shall be obliged ex-officio to answer subpoenas issued by Judicial Council or shall be barred from running in future elections. This stipulation shall apply to any case arising under their term in office. The officer subpoenaed shall be exempt from appearing before the Council if he or she can show a valid medical excuse, out-of-town commitment, death in family, employment obligations or exam or paper due 24 hours following the case. It shall be the Judicial Council’s obligation to ascertain the validity of any claim as to the above. § 17. The ballot (a) EXECUTIVE OFFICES.—The order of the names on the ballot shall be alphabetically listed by the last name of the candidate for executive office. (b) SENATE OFFICES.—The order of the names on the ballot shall be arranged in alphabetical order by last name, first name, middle initial. (c) FORM OF BALLOT.—The elections shall be held in a form that does not conflict with this Code. (d) PAPER BALLOT.—Persons wishing to cast their vote by paper shall not be denied that ability. (e) NONE OF THE ABOVE.—An option of “none of the above” shall be placed at the bottom of the ballot for each Senate college. In the event of this option receiving more votes than a candidate, the candidate with the next highest amount of votes shall be elected. (f) PETITIONS.—Ballots for petitions shall be presented separately, as not to include multiple petitions on one page or screen. (1) Ballots shall begin with the petition title and petition question, as approved by the Attorney General (2) Ballots for petitions shall include options, vertically, for yes, no and abstain. (3) Voters shall not be able to proceed without marking one of the options on the ballot.

Code of Elections—21 (4) No option will be selected by default when the ballot is presented to the voter (g) ABSENTEE BALLOT.—The Commission shall develop and promulgate such regulations as may be necessary to allow voters who are absent during the election to cast a ballot, so as not to disenfranchise the voter. The regulations required under this subsection must be promulgated no later than the date of the Candidates’ Meeting. § 18. Tallying of votes (a) BALLOT TABULATION.— (1) Preliminary ballot tabulation shall commence within one hour following the closing of the final day of voting. This section does not prohibit the filing of new charges by the Attorney General for Campaign Violations occurring after the commencement of ballot tabulation. (2) If any candidates should be disqualified following the preliminary tabulation, second and final ballot tabulation will commence following all decisions and settlements of lawsuits regarding elections by the Judicial Council. (3) Ballot tabulation shall be supervised by the Commission Chair and the Attorney General or their representatives. (4) After the preliminary tabulation, the results of the elections shall be released by the Commission Chair and the Attorney General of the ASUN as soon as possible. The results shall be posted on the ground floor of the Joe Crowley Student Union as well as in other relevant places so that all persons shall have access to these results. They shall be clearly marked as preliminary and uncertified results. (5) The election results for all elected officials positions, as certified by the Commission, shall become effective by their being read into the Minutes of a Senate meeting. (6) The election results for all elected official positions may be certified separately from all petitions. (b) HANDLING OF INCOMPLETE AND INVALID VOTES.— (1) A vote shall be declared invalid, and excluded from the counting in a particular race, only if there is not one distinguishable preference, determined according to this section, including if the ballot is blank, either in whole or for the particular race. The invalidity of a vote in one race shall not affect its validity in another race. (2) Valid, but incomplete, ballots shall be dropped from further consideration in the counting procedure at the point where all or part of the vote’s value must be allocated to its next preference, and there is not further distinguishable preference level. (c) TABULATION OF VOTES.—

Code of Elections—22 (1) The winner of the Executive vote shall be the candidate who received the majority vote. (2) In the Senate the number of seats available for each college shall be given to the same number in rank of most votes received by candidates. (3) In the event of a tie in a contested race, the current session of the ASUN Senate shall have a vote to determine the winner. (d) TALLYING OF BALLOT PETITION.—The “Yes” and “No” votes for each petition shall be counted. § 19. Safeguards and election protests (a) STORAGE OF BALLOTS.—All ballots, key punch cards, computer printouts, tally sheets, programs, and databases will be held by the Commission for three months after the certification of the Election. After such time all materials, except the computer printouts and tally sheets may be destroyed unless appeal, recount, or reelection is pending, in which cases they shall be held until the dispute is resolved. The computer printouts must be certified by the Commission and kept permanently. (b) THE TWO-LOCK SYSTEM.—Each ballot box, as well as all other boxes where current ballots are stored, must be locked at all times that the ballots are not being used by a two-lock system. The Commission Chair and the Business Manager of the Association shall each possess one of the two keys to the locks. During the elections, none of these officials may surrender the key to their charge to any other person unless they are unable to perform their duties. In that case, the Commission Chair may give his or her key to another member of the Commission. (c) ADDITIONAL SAFEGUARDS.— (1) The Attorney General of the ASUN shall have the privilege of attending or sending a representative to all polls and places where ballots are kept and tabulated, provided such representative is not a candidate in the election. (2) Observers representing various candidates shall be allowed to be present at all handling, counting, and tabulating operations. (3) This privilege includes the right to inspect all equipment and machinery used for collection, transportation, and tabulation or ballots, but not to do so in a way that interferes unduly with the orderly and efficient operation of the Commission. (4) When not being officially handled or tabulated, the ballots must be kept in a neutral, safe and secure location at all times. (d) NEW ELECTIONS.— (1) Any student may petition the ASUN Judicial Council to void an election, on grounds of the integrity of the Commission,

Code of Elections—23 its mismanagement of the election, or the mechanism of the count, prior to the expiration of the Statute of Limitations stated in section 16(e). (2) The Judicial Council shall review the case and submit its finding to the Senate. (3) If the ASUN Judicial Council rules that there was mismanagement, or that there was an unpunished violation, the ASUN Judicial Council may void the election on the grounds that the mismanagement or the unpunished violation substantially affected the outcome of the election. (4) The ASUN Judicial Council may not void an election on any other grounds or by any other procedure, as stated in subsection 3 above. (5) Only the ASUN Judicial Council may void an election. (6) If the Judicial Council voids a general election, the Judicial Council shall order a new special election to be held on a Wednesday and Thursday of instruction no later than one week from the Council’s decision to settle the outcome of the affected portion of the elections. [(7)] 1 § 20. Campaign finance rules and regulations (a) INTENT AND DEFINITIONS.— (1) The Rules contained in this section are intended to implement the campaign finance regulations. (2) Campaign material is defined as material initiated by a candidate, with the intent to contact voters publicly, that explicitly speaks, pleads, or argues in favor of the election or defeat of a candidate. (3) Further, materials that are controlled by a candidate’s campaign that mention a candidate’s name, a candidate’s ballot number, or the office a candidate is seeking, shall be defined as explicitly speaking, pleading, or arguing in favor of the election of a candidate. Therefore, it will be included in the definition of campaign material. (4) Electronic mail and telephone calls will be assessed a cost of zero. (5) News or editorial articles in a publication not run by a candidate, not controlled by candidate, not receiving a significant portion of their funding from a candidate, or not operating under a specific agreement between the publication and a candidate, shall not be included in the definition of campaign material.

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1

Section 11(b) of ASUN Public Law 76–17 makes reference to what would be this paragraph. However, the language of the statute states the nonexistent section is being amended. Therefore, the amendments made by section 11(b) of the statute cannot be executed.

Code of Elections—24 (6) Any material produced by a group or organization not run by a candidate, not controlled by a candidate, not receiving a significant portion its funding from a candidate, or not operating under a specific agreement between the publications and a candidate, shall not be included in the definition of campaign material. (7) Material in which a voter initiates contact, such as a Web site, instant message away message, or telephone request for information, shall not be included in the definition of campaign material. Any funds used for the purposes of designing content on a Web site that falls under section 20(a)(2) of this Code shall be included in the definition of campaign material. (8) Any negative campaigning shall count toward the budget of the candidate that produced the material. (b) ENFORCEMENT.— (1) Enforcement of the campaign finance regulations shall be the responsibility of the Commission. The Assistant Chair is the chief administrator of campaign finance restrictions. The public has the right to obtain any candidate’s spending information, but the information is not required to be widely disseminated by the Commission. (2) It shall be the responsibility of the candidate to provide two copies of all campaign material to the Commission and a receipt for the purchase of said material within 48 hours. If unable to provide a receipt, they may indicate so and instead provide an estimate of fair market value. Receipts must be provided beginning with the Candidates’ Meeting and thereafter. (3) The Commission shall have the responsibility of determining fair market value for any campaign material not accompanied by a receipt. The interpretation of fair market value may be appealed to the Judicial Council. (4) Campaign materials that count as part of a candidate’s spending, must have been produced, or authorized, by the candidate. (5) Any campaign material advocating, by name, office seeking, or ballot number, more than one candidate, shall have its cost divided equally among all candidates listed on the material. (6) The candidates or parties involved in the election shall have the responsibility of providing the Commission with all documentation and receipts. Receipts must include information on what was purchased and the amount spent. (7) As with any other violation of the ASUN campaign rules, the ASUN Attorney General shall be responsible for investigating alleged violations of these rules and prosecuting them before the ASUN Judicial Council.

Code of Elections—25 (8) All disputes or arbitration that arise over these rules shall be handled by the Judicial Council. (c) SPENDING LIMITS.—Candidates running for election are limited to spending as follows: (1) Presidential candidates, $500.00. (2) Vice Presidential candidates, $400.00. (3) Senate candidates, $200.00. § 21. Primary election In the event there are more than two candidates running for an Executive Office there will be a primary election held on the Wednesday and Thursday one week prior to the general election. § 22. Posting policy Material as defined in section 20(a)(2) is prohibited from being posted before the Wednesday following the mandatory Candidates’ Meeting. § 23. Administration of electronic filing of documents The Commission may allow for the electronic filing of documents and shall provide such regulations as may be necessary.

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