Associated Students

ASSOCIATED STUDENTS OF HUMBOLDT STATE UNIVERSITY

ELECTIONS CODE

ELECTIONS CODE INDEX

SECTION 1) Purpose & Authority

SECTION 2) Amendments

SECTION 3) Elections Commissioner

SECTION 4) Elections Commission Powers and Duties

SECTION 5) Poll Workers and Election Staff

SECTION 6) Minimum Academic Qualifications for Office Holders

SECTION 7) General Elections - Filing for Candidacy

SECTION 8) General Elections - Performance Bond

SECTION 9) General Elections - Withdrawal

SECTION 10) Campaign Conduct and Responsibility - General Policies

SECTION 11) Campaign Conduct and Responsibility - Publicity

SECTION 12) Campaign Finances

SECTION 13) General Elections and Run-off Elections

SECTION 14) Write-In Votes

SECTION 15) Special Elections

SECTION 16) Ballots

SECTION 17) Policies and Procedures on Elections Code Violations

SECTION 18) Initiative and/or Recall Elections

SECTION 19) Constitution Amendments

ASSOCIATED STUDENTS OF HUMBOLDT STATE UNIVERSITY

ELECTIONS CODE

Section 1 Purpose and Authority

1.01 Pursuant to the requirements Article VII of the Constitution of the Associated Students of Humboldt State University, there shall be an Elections Commission established to handle all elections of the Associated Students. (12/00)

1.02 The purpose of this Code shall be to define and outline the procedures governing the Associated Students elections and the committee on Elections which will assure the broadest possible participation of students in the actual election process of this corporation and to insure fair elections. (12/00)

1.03 The Elections Code shall be administered by the Elections Commissioner. The Elections Commissioner shall be chosen by the AS President from the appointed Public Relations Coordinators. (See Administrative Code Section 6). It will be the duty of the Elections Commission to enforce the Elections Code. The Elections Commissioner shall carry out procedures as set forth in the A.S. Constitution and the A.S. Code. (10/02)

1.04 Decisions of the Elections Commission shall constitute the final authority of the Associated Students. (12/00)

Section 2 Amendments

2.01 The Elections Code may be amended by a two-thirds (2/3) majority of Council. (12/00)

Section 3 Elections Commissioner

3.01 The Elections Commissioner shall be chosen by the AS President from the Public Relations Coordinator(s). (4/01)

Section 4 Elections Commission Powers and Duties

4.01 The Elections Commission shall consist of the Elections Commissioner; three members appointed by the A.S. President and two members appointed by the Legislative Vice President. The A.S. General Manager, or designee, shall serve as an advisor to the Commission. (12/00)

4.02 No member of the Elections Commission shall be a candidate in the A.S. Elections. (12/00)

4.03 The Elections Commission shall maintain an impartial attitude towards the elections and the election issues. (12/00)

4.04 The Commission shall not campaign in any election nor publicly support any candidate or cause in any election they are administering. (12/00)

4.05 The Commissioner shall coordinate and direct all

A.S. elections and shall encourage voter participation through legal and acceptable means. (12/00)

4.06 The Commissioner shall make information packets available to the candidates containing at a minimum: a copy of the Constitution, Elections Code, “HSU Executive Memorandum P07-01, Minimum Academic Qualifications For Student Office Holders” dated February 2007, and existing publicity regulations. (2/07)

4.07 The Commissioner shall oversee coordination of the Voter’s Guide. (12/00)

4.08 The Commissioner shall supervise placement of all required advertisements in the Lumberjack publicizing all available positions as well as the times, dates, and voting instructions for on-line voting. (12/00)

4.09 The Commissioner shall coordinate the candidates forums at times and places in such a manner to allow for maximum student participation. (12/00)

4.10 The Commissioner shall supervise an orderly voting process and a prompt and accurate tallying of results. (12/00)

4.11 The Commissioner shall immediately hear all infractions, quarrels, disputes and disagreements involving campaigns and elections and refer them as deemed necessary to the Elections Commission for a ruling. (12/00)

Section 5 Poll Workers and Election Staff

5.01 The Elections Commissioner shall be responsible for hiring and training election workers. (12/00)

5.02 The election workers, volunteers, and employees on the election staff shall not campaign in any election. (12/00)

5.03 The Commissioner may remove any election worker, volunteer, or employee on election staff whose actions may improperly affect the outcome of the election. (12/00)

Section 6 Minimum Academic Qualifications for Office Holders

6.01 Given the representative, fiduciary, legal, and other long-range policy-making responsibilities and influence of student office holders, it is the policy of the California State University (CSU) and HSU that student office holders have an obligation to demonstrate a reasonable degree of the academic involvement, achievement and progress for which HSU exists. (12/00)

6.02 The Associated Students of Humboldt State University shall follow the guidelines from the “HSU Executive Memorandum P07-01, Minimum Academic Qualifications For Student Office Holders” dated February 2007”. (2/07)

Section 7 General Elections - Filing for Candidacy

7.01 Candidates must appear in person to obtain nomination materials at the A.S. Business Office. Candidates must declare what Office they are running for when they obtain their materials. (12/00)

7.02 At the time nomination materials are filed, the Candidate shall also file a signed statement indicating candidate’s understanding of the Constitution, Elections Code and other election materials of the Associated Students of Humboldt State University. Candidate shall also file a performance bond as described in Section 8, General Elections Performance Bond. (03/09)

7.03 Executive Officers shall file a Petition for Candidacy form signed by one-hundred and fifty (150) members of the Association. (12/00)

7.04 A.S. Council Representatives shall file a Petition for Candidacy form signed by fifty (50) members of the Association within the college he/she is representing. (12/00)

7.05 A.S. Graduate Student Representative shall file a Petition for Candidacy form signed by twenty (20) members of the Association within the graduate programs. (12/00)

7.06 A. S. All University Representatives shall file a Petition for Candidacy form signed by fifty (50) members of the Association within the All University program. (10/02)

7.07 The period for filing Petitions for Candidacy forms will be from 8:00 A.M. not more than forty-two (42) calendar days prior to the first day of the regular elections through 5:00 P.M. not less than fourteen (14) calendar days prior to the first day of the regular elections. (12/00)

7.08 No Candidate may file for more than one office. (12/00)

7.09 Candidates for College Representatives or All University Representatives must be declared within that major for at least the semester prior to filing for candidacy. Candidates for graduate student representative need not meet this requirement. (10/02)

7.10 If a student is elected as a representative from a particular major and, during his/her term of office, the student elects to change his/her major to one that lies within a different college, then that representative’s position on the A.S. Council shall be declared vacant. (12/00)

7.11 In the event that an All University Representative declares his/her major, the representative may choose to complete his/her term. (10/02)

7.12 There shall be a candidates orientation meeting called by the Elections Commissioner within two (2) school days following the close of the filing period. (12/00)

7.13 All candidates shall be required to be present at the scheduled election orientation meeting of the Elections Committee. The meeting shall consist of an explanation of the Elections Code with a question and answer period. Excused absence will be granted for only very compelling reasons. With an advance request, the Elections Commissioner may allow a personal representative who may represent only that candidate at the orientation meeting. Failure to attend, or send an approved representative, will result in an immediate fine of the sum of their performance bond and the requirement to reestablish or the candidate’s name will not appear on the ballot. (12/00)

7.14 Coalitions must be recognized as temporary political organizations at the time of filing Petitions for Candidacy form. A standard form is available in the A.S. Office. Coalitions must have a minimum of four candidates in the election. Any group of four or more candidates campaigning as a group are to be considered a coalition and must register. (12/00)

Section 8 General Elections - Performance Bond

8.01 Prior to each General Election, the Elections Commission will establish a performance bond of fifteen ($15) for each A.S. Council, All University, Graduate, A.S. President and Vice President candidates. This bond must be paid at the A.S. Business Office at the time of filing (turning in materials). (12/00)

8.02 The performance bond is a security deposit which the candidates place on account in the Associated Students to ensure that candidates follow all University and Associated Students rules and regulations which directly or indirectly apply to Associated Students elections. (12/00)

8.03 If at any time during the elections a candidate forfeits any portion of the bond, a candidate must file a subsequent bond equal to the amount of the original bond within a prompt and reasonable time as designated by the Elections Commissioner. (12/00)

8.04 The performance bond of a candidate may be refunded after an A.S. election upon the recommendation of the Elections Commissioner. (12/00)

Section 9 General Elections - Withdrawals

9.01 All qualified candidates who choose not to participate in the General Elections should notify the Elections Commissioner in writing. Failure to do so may result in the forfeiture of some or all of the performance bond, at the discretion of the Elections Commissioner. Candidates are required to return their nomination materials upon notification of withdrawal. (12/00)

Section 10 Campaign Conduct and Responsibility - General Policies

10.01 Campaigning shall not begin until after the nomination materials are available. (12/00)

10.02 Candidates may not begin campaigning until after the time he/she files an application in person. (12/00)

10.03 Campaigning shall be defined as posting or distribution of campaign material. Campaign material is defined as anything distributed or posted that seeks to influence the vote of any student. (12/00)

10.04 Campaign materials may be removed only by the candidate, his/her designated representative, or the Elections Commission. Campaigners may not destroy or remove other campaign materials. Complaints of violations of destroying or removing campaign material will be referred to the Elections Commissioner. (12/00)

10.05 Candidates are responsible for the actions of their campaign committee, whether authorized by the candidate or not. For the purpose of the election, campaign committee shall be defined as persons actively campaigning for the candidate, whether authorized directly or indirectly by the candidate. (12/00)

10.06 No support may be solicited for candidates or special issues from faculty, staff, administration, or non-student employees of the University. This does not prohibit asking permission to speak in front of class. (12/00)

10.07 University staff shall not coerce, manipulate, or attempt to influence students in the voting process. This also includes referendums, initiatives, recalls, and amendments to the Constitution. (12/00)

10.08 Associated Students funded programs may not expend A.S. funds to endorse a candidate (including coalitions) or engage in an activity that is beneficial or detrimental to any candidate. Use of Associated Students funds for these purposes is prohibited. (12/00)

10.09 Associated Students funds shall not be used to endorse referenda, initiatives, or recalls during the elections. (12/00)

10.10 Associated Students funded organizations are prohibited from endorsing candidates, coalitions or recalls during the elections (this does not include University recognized Clubs). (12/00)

Section 11 Campaign Conduct and Responsibility - Publicity

11.01 The Commission will advise candidates on current rules upon receipt of nomination materials and at the mandatory candidates orientation meeting. (12/00)

11.02 The University Posting Policy, including Housing and Dining, must be followed when posting campaign materials. (12/00)

11.03 Candidates campaign materials shall not be placed in a way that they block any portion of signs placed by the Associated Students Elections Commission advertising the elections. At least a two-foot distance between AS elections materials and candidates materials must be maintained. See Section 11.02 for appropriate placement of campaign materials. (5/02)

11.04 All campaign materials, etc. must be removed within forty-eight (48) hours after the close of the elections or the performance bond is forfeited. (12/00)

11.05 A candidate may use all official HSU media in his/her campaign. Media shall be defined as a publication or broadcast that does not exist for the sole support of a candidate’s campaign. (12/00)

11.06 Publicity in violation of any HSU regulations will be removed by the Elections Commission. (12/00)

Section 12 Campaign Finances

12.01 Each candidate will file with the Elections Commissioner a statement of Finance related to their elections efforts. (12/00)

12.02 The maximum campaign expenditures shall be limited as follows: A.S. President, $150; Vice-Presidents, $125, and; Council Representatives, $100. (12/00)

12.03 In case of a run-off election, candidates for President, Vice-President, and A.S. Council shall be allowed to spend 1/2 (one half) the maximum amount of money designated to that candidate’s position. There will be no carry-over regarding the limitations on expenditures. (12/00)

12.04 If a candidate is a member of a coalition, his/her individual expenditures limitation shall be one-half the amount stated above. Campaign funds may be jointly pooled by coalition members. (12/00)

12.05 Campaign expenses shall be defined as the retail value of all materials and/or services purchased by the candidate himself/herself. No funds or materials contributed by outside persons shall be excluded from this total. (12/00)

12.06 All candidates (including coalitions) must turn in a statement to the Commissioner listing all expenses and donations. Donated material will be reported at fair market value for the items or services. (12/00)

12.07 Expense reports will be due by 4:45 P. M. on the Friday following the last day of election. Failure to file a statement will result in the forfeiture of a maximum of one-half (1/2) of the candidate’s performance bond. Failure to file statement of finance within seven (7) days of the initial filing deadline will result in the forfeiture of the remainder of the performance bond. Subsequent failure to submit a financial statement will result in the Elections Commissioner having the option to take action as prescribed Section 17 of this Code. (12/00)

Section 13 General Elections and Run-off Elections

13.01 As per Article VII of the Associated Student Constitution, Council Representatives shall be elected on a plurality basis. Executive Officers must receive a majority of the ballots cast for that office. In the event of a tie or if a candidate for Executive Office fails to receive the required majority, a run-off election shall be held for the two candidates with the highest vote total. (12/00)

13.02 An election to select Association Officers and Council shall be held annually at a time specified by the Council. (12/00)

13.03 The voting period shall be Tuesday, Wednesday, and Thursday for each general election and Wednesday and Thursday for each run-off election. (12/00)

13.04 Dates for the general elections shall be recommended by the Elections Commission with the approval of the Associated Students Council. It is recommended that the general elections be held no later than four (4) weeks prior to the end of the Spring semester. Run-off elections shall be held within five (5) school days after the general election. (12/00)

13.05 General and run-off elections voting shall take place on-line via the Humboldt State University web page. (03/02)

13.06 Hours of voting shall be from 12:00 am on the first day of voting thru 11:59 pm on the final day of voting. (03/02)

13.07 All regularly matriculated students of the Association are eligible to vote in all student body elections. (12/00)

13.08 Each member of the Association shall vote for no more than one candidate for each office. (12/00)

13.09 Members of the Association shall vote for candidate(s) for representatives of the college in which that member is enrolled. All University Students with shall vote for All University student representative candidates. Graduate student members shall also vote for a graduate student representative candidate. (10/02)

13.10 In the case of persons with more than one major, the person shall have the right to choose from amongst colleges in which that person is enrolled to vote for college representative candidate(s). (12/00)

13.11 If there is no candidate for an Association Office in an election, the vacancy shall be filled by an individual nominated by the President and approved by a two-thirds (2/3) vote of the voting membership of the newly elected Council. To be eligible for appointment to any vacant office, the candidate must meet the same qualifications as set forth in the Elections Code. (12/00)

13.12 Newly elected Association Officers and Council shall assume office at the last A.S. Council meeting of the Spring semester. (12/00)

Section 14 Write-in Votes

14.01 All person conducting a write-in campaign shall file a completed petition with the Elections Commissioner by 5 p.m. on the Friday before the election. The Elections Commission shall certify that the candidate meets the minimum qualifications for that office. All sections of the Constitution and the Code shall apply to write-in candidates. (12/00)

14.02 A write-in vote for a candidate who has not filed a write-in campaign intent shall be invalidated. (12/00)

14.03 No “write-in” candidates will appear in a run-off election. (12/00)

Section 15 Special Elections

15.01 A special election shall be conducted in the same manner as a regular election as outlined in this Elections Code. (12/00)

15.02 Special Elections will only be held as needed. They will be held during a regular election whenever possible. (12/00)

15.03 Special Elections may be called as outlined in Article IV or Article VII of the Associated Students Constitution. (12/00)

15.04 Eligibility requirements shall not change. (12/00)

15.05 The Elections Commissioner will make available copies of the voter pamphlet and ballot and information regarding the dates, times, and voting instructions for on-line voting to students and published in the Lumberjack Newspaper prior to the elections (at least thirty days prior if the special election includes a fee referendum). (12/00)

Section 16 Ballots

16.01 A sample ballot must be printed in the campus newspaper no later than the issue immediately preceding the general election. (12/00)

16.02 Each Spring semester candidates from the University Center (UC) Board of Directors will be placed on the A.S. Elections ballot. The UC is responsible for submitting candidates materials to the Elections Commissions immediately following the AS filing deadline for inclusion in the Voter’s Guide and on the A.S. Ballot. (12/00)

Section 17 Policies and Procedures Regarding Elections Code Violations

17.01 The Elections Commissioner shall be empowered to call special meetings of the Elections Commission in accordance with the Gloria Romero Open Meeting Act of 2000 in order to review alleged elections code violations. (12/00)

17.02 All complaints of violations of the Elections Code must be presented, in writing, to the Election Commissioner. The complaint must state the who, what, where, when and how of the violation. (12/00)

17.03 The complaint must be signed and have contact information. Anonymous complaints will not be considered. (12/00)

17.04 Complaints must be submitted to the Elections Commissioner by 11:59 p.m. (via e-mail after 5:00 p.m.) the last day of voting, unless the complaint involves events subsequent to this date and time. (10/02)

17.05 The Elections Commissioner may make an effort to resolve any and all complaints or disputes informally. (12/00)

17.06 Failing informal solution, the Elections Commission must make a ruling upon a complaint within two (2) school days of the submission of the complaint. (12/00)

17.07 Complaints must be proven at a special meeting of the Elections Commission, with the burden of proof being on the complainant. (12/00)

17.08 A quorum of the Elections Commission shall be a simple majority of the filled voting seats. (12/00)

17.09 A simple majority vote of Elections Commission members present shall be required for a complaint of a violation to be upheld. (12/00)

17.10 If a candidate has been proven to have violated any provision of this election code, the Elections Commission will determine the penalty. Violations could result in, but not limited to, any or all of the following actions: formal written warning; formal public letter of reprimand; forfeiture of all or part of a performance bond; limitation of ability to campaign; disqualification of candidacy; declaring the elections null and void. Disqualification is a last resort; other disciplinary action should be considered first. (12/00)

17.11 A simple majority vote of Elections Commission members present shall be required for approval of the recommended penalty to be upheld except as noted below. (12/00)

17.12 A two-thirds (2/3) vote of Elections Commission members present may disqualify a candidate or invalidate all or any portion of an election within its jurisdiction when a hearing by the Election Commission has shown that sufficient evidence exists that violations of the Election Code may have significantly affected the outcome of the election. (12/00)

17.13 Decisions of the Elections Commission shall constitute the final authority of the Associated Students. (12/00)

Section 18 Initiative and/or Recall Elections

18.01 Initiatives, and/or recalls, to the Constitution shall be administered as outlined per Article VII of the A.S. Constitution. (12/00)

Section 19 Constitution Amendments

19.01 Amendments to the Constitution shall be administered as per Article VIII of the A.S. Constitution. (12/00)