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Elections Code
Purpose:
The purpose of the election code is to provide and regulate the necessary process in order to elect student body officers and representatives pursuant to the constitution of the Associated Students of Arizona State University Polytechnic. No portion of the elections code shall be invalidated either solely or partially on the basis of this statement of purpose.
Organization:
All election preparations and organization shall be under the jurisdiction of the prescribed body to be created by each individual campus of Arizona State University. A candidate may only run for a position at the campus where the student’s college and/or school is housed. For the purposes of this elections code, this body shall be referred to as the elections department. This name shall not affect the organization of the individual campus elections supervisory group. Anything not enumerated within this code shall be under the jurisdiction of the elections department of each campus. The elections department of each campus shall, in no way, affect another.
Article I: Candidate Eligibility
A. The Constitution and Bylaws of ASASUP bind candidates to Executive Offices and Senatorial seats.
B. A member of the Association may become a candidate for a particular executive office or senatorial seat if he/she returns a valid petition packet for that particular office by the deadline set by the elections committee.
1. Election petitions shall be those designated by the Elections Commission. The elections committee shall make packets freely available to any association member inquiring about election information.
2. Election petitions shall be turned into ASASUp, Office of Student Engagement/Affairs, or the prescribed supervising body, on or before the deadline set for by the same. Those candidates filing valid petitions by the deadline shall be placed on the election ballot.
3. ASASUP or the Office of Student Engagement/Affairs shall date all petitions at the time they are turned in.
C. A candidate shall appear on the ballot under the name on said candidate’s petition. This is the only name under which the candidate shall appear on the ballot.
D. All remaining requirements shall be left to the jurisdiction of the election department of each campus.
Article II – Campaigning and Posting
A. There shall be no campaigning within 50 feet of a polling site. Upon erection of a polling site, the elections department shall have complete authority to remove all campaign material already within the 50-foot limit without protest.
B. Any campaign material posted on University property shall comply with any and all regulations enumerated and explained within this elections code. The elections department shall keep available a copy of the policies and procedures to all candidates and staff at all times.
C. No printed material shall be attached to the body or glass of any vehicles, with the exception of the candidate’s own personal vehicle, or a member of the association running with said candidate, having given his/her expressed written permission.
D. No material shall be posted or stored in any ASASUP office, to include the Senate and Executive Board.
E. Endorsing another candidate in print form is prohibited. The name of another candidate may not appear anywhere on the printed campaign material of another.
F. Leafleting is prohibited.
G. Each candidate may turn in a statement of not more then 300 typed words, to the Elections Commission, describing the candidate’s desire and qualifications for the position for which they have filed for. Statements may also be accompanied by one wallet-sized photograph, professional in nature. Statements and pictures shall be made available upon request at every polling site. All statements are due 48 hours prior to the first day of elections.
H. ASASUP may not provide funds to any candidate for the purpose of campaigning.
Article IV: General Elections
A. The results of the general elections shall determine the winning candidates.
1. The candidate for each executive office and senatorial seat receiving the greatest number of votes shall be declared the winner of the general election.
Article V: Voting
A. Election Sites open at 9:00 a.m. and close no later than 9:00 p.m., with the online voting (via MYASU) made available from 12am on the first day of elections through the entire forty-eight (48) hour duration of the election.
o University polling sights must be staffed by a minimum of one (1) Elections Commission member
B. There shall be a minimum of one polling site for each election
1. The elections department shall be responsible for the election and maintenance of university polling site.
C. Neither absentee nor proxy voting is permitted.
D. All persons producing evidence of membership as defined in the ASASUP Constitution are eligible to vote.
Article VI – Protests and Violation Penalties
All protests and penalties for violations of this elections code shall be left to the jurisdiction of each campus’ election department
Article VII - Timeline
A. The elections department shall schedule the general election for the first Wednesday and Thursday in the month of April.
B. The dates of the general election shall be publicized no fewer then sixty (60) days prior to the election
C. Campaigning for the general election shall begin no earlier then 30 days prior to the first day of the general election.
D. The elections department shall hear and announce any decisions, in writing, on all protests within forty-eight (48) hours of receiving protest.
E. Individuals may directly appeal to the Elections Commission, the appeal request must be submitted within forty-eight (48) hours of the election result.
F. The Elections Commission shall announce any decision, in writing, on all appeals within forty-eight (48) hours of appeal being received. The Supreme Court shall be the final say in all protests and decisions.
Article VIII - Neutrality
A. Campaigning by candidates or their staff within the ASASUP offices is forbidden. This ban does not extend to clothing and personal adornments, such as buttons, shirts, and stickers.
B. ASASUP and the Offices of Student Engagement/Affairs property shall not be used for campaigning unless specifically designated for that purpose.
Article XII: Definitions
• Altering: Modifying a sign or poster from its original state.
• Association Member: Any student enrolled in Arizona State University at the Polytechnic Campus.
• Association Property: Any capital equipment or supplies belonging to the Associated Students of Arizona State University Polytechnic.
• Campaigning: Any activity by a candidate, or staff of said candidate, which has a primary purpose of furthering that candidate’s likelihood of being elected, or by an individual whose primary purpose is furthering the defeat of or passage of referendum, initiative, or candidate.
• Campaign Material: Any supplies used by a candidate or candidate’s staff; having the primary purpose of furthering the candidate’s likelihood of being elected.
• Defacing: Spoiling or marring the appearance or surface of a sign or poster.
• Defendant: The person against whom any protests are filed with the elections committee.
• Destroying: Completely ruining a sign or poster.
• Fair Market Value: The cost of an item based on the average of three price estimates including the equivalent of Tempe and Arizona taxation rates. Fair market value shall be determined by the elections department.
• Falsification: The act of making false by altering.
• Flyer: Any stationary or printed material up to the size of 8 ½ by 11 inches that is displayed or distributed anywhere on campus.
• Leafleting shall be defined as distributing stacks of campaign material to one establishment (e.g. leaving stacks of handbills in a departmental office or dropping handbills from the top of the student union)
• Poster: Any stationary or printed material greater then the size of 8 ½ by 11 inches and no larger then 18 by 24 inches that is displayed or distributed anywhere on campus.
• Fraudulent: Marked by fraudulent comments, constituting fraudulent information, or gained by fraudulent means.
• Majority: Fifty(50) percent plus one(1).
• Plaintiff: The party that institutes a protest before the elections committee.
• Poll Worker: Any association member assigned to work at a polling site
• Polling Site: Any place where voting can take place.
• Proxy: Written authorization to vote in the place of another.
• Sign: Free standing flyers, poster or variant of the same supported by wooden or metal stakes of any size up to 18 x 24 inches.
Contact Information
ASASUP: 480-727-1065
Elections Bylaws
Article 1: Purpose
The purpose of the Election Code is to provide the mechanism necessary to elect student body officers pursuant to the Constitution of ASASUP. No portion of this Election Code shall be invalidated either solely or partially on the basis of this statement of purpose.
Article 2: Definitions
2.1 Altering shall mean modifying a sign or poster from its original state.
2.2 ASASUP member shall mean any student enrolled in at least one credit hour at Arizona State University Polytechnic campus.
2.3 Ballot shall mean the media on which the vote is recorded, transmitted, or counted.
2.4 Campaign material shall mean any supplies used by a candidate or candidate’s staff that have the primary purpose of furthering the candidate’s likelihood of being elected.
2.5 Campaigning shall mean any activity by a candidate that has a primary purpose of furthering the candidate’s likelihood of being elected, or by an individual that has a primary purpose of furthering the defeat of or passage of referendum, initiative, or candidate.
2.6 Candidate shall mean one who meets the qualifications as outlined in the ASASUP Constitution, and who has met the requirements of Candidacy as defined in Article IX, Section 4 of the ASASUP Constitution.
2.7 Defacing shall mean spoiling or marring the appearance or surface of a sign or poster.
2.8 Defendant shall mean the person against whom any Protest is filed with the Elections Committee.
2.9 Destroying shall mean completely ruining a sign or poster.
2.10 Falsification shall mean the act of making false by alteration.
2.11 Flyer shall mean any printed material up to the size of 8.5 inches by 11 inches that is displayed or distributed anywhere on campus.
2.12 Plaintiff shall mean the party that institutes a protest before the Elections Commission.
2.13 Poster shall mean any printed material greater than the size of 8.5 inches by 11 inches and up to seventy inches by ninety inches that is displayed anywhere on campus. Sign shall mean the same as a poster.
2.14 Valid signature shall mean the signature of an ASASUP member.
Article 3: Elections Commission
3.1 The Elections Commission shall be an independent authority within the ASASUP and shall have the full responsibility for the administrative conduct of all ASASUP elections.
3.2 The Chair and members of the Elections Commission will be ASASUP members. The committee will have three members (including the Chair), with each member receiving one vote.
Article 4: Candidacy
4.1 The ASASUP Constitution binds Candidates for a single executive office OR a single senatorial seat.
4.2 Upon completion of the requirements of candidacy, a student shall be placed on the ballot for the position indicated on the nominating application. Candidates can run for one position.
4.3 Requirements and criteria for candidacy are outlined in the ASASUP Bylaws (Executive Branch- Article I, Section 2 & 4) or the ASASUP Constitution (Article 3, Section 2).
4.4 To declare one’s candidacy for an executive office or senatorial seat, a candidate application must be submitted containing the following:
4.4.1 A statement reading: “I (insert name of candidate only as shown on ASU Sun Card. If candidate has no card, the name under which said candidate is registered for classes shall be used) certify that I am a member of ASASUP as defined in the ASASUP Constitution and meet the qualifications for the position of (insert the title of position) outlined in Article IX, Section 3 therein.”
4.4.2 The signature of the candidate.
4.5 A candidate shall appear on the ballot under the name used on said candidate’s application. A candidate may request on the application that an abbreviated version of her/his first name or a nickname be listed on the ballot along side her/his last name. Requests will be reviewed and approved/denied by the Elections Commission.
4.6 A member of the ASASUP may run as a Write In Candidate provided that s/he personally sign and file the following statement no later than 5pm the Friday prior to the week of the elections: “I (insert name of candidate only as shown on ASU Sun Card. If candidate has no card, the name under which said candidate is registered for classes shall be used) certify that I am a member of ASASUP as defined in the ASASUP Constitution and meet the qualifications for the position of (insert name of position) outlined in Article IX, Section 3therein. I am filing as a Write In Candidate and understand and agree that my name shall not appear at the same time on the ballot as the option to record a vote during the ASASUP election.”
4.7 Write In Candidate’s must follow all rules provided for Candidates as appropriately stated within Elections Codes.
4.8 The Chair of the Elections Commission shall verify that each person desiring to be a Candidate meets the requirements of Article IX Section 3 of the ASASUP Constitution and the requirements outlined in Article 4 of this document. Any person failing to meet the requirements shall not be allowed to stand as a Candidate regardless of any Petitions submitted, and any votes for that person shall be null and void.
Article 5: Campaigning
5.1 Candidates must be sensitive to the campus environment by not littering.
5.2 Campaigning that disrupts the normal flow of university business is prohibited and can be stopped by the proper university official.
5.3 Printed material shall not be attached to the body or glass of any vehicle without authorization of the owner.
5.4 No campaign material will be posted on the monitors of any computers at ASU.
5.5 No candidate shall employ amplification equipment for campaigning on campus.
5.6 A candidate is allowed to post a maximum of 100 signs or posters.
5.7 A candidate is allowed to handout flyers smaller than an 8 ½ by 11 sized paper. No flyer shall be left on tables or cars.
5.8 No candidate shall spend more than $150 on his or her campaign
5.8.1 Personal funds can be used to create flyers, posters, signs, buttons, other advertising paraphernalia, and food events.
5.9 No candidate shall hold a food event unless all candidates are invited to be equally represented
5.9.1 Candidates who would like to hold a food event, but lack the funds may apply for funding from the Elections Commissions
5.10 Campaigning on any electronic list serves or via the Internet is strictly prohibited until the individual is confirmed as a candidate.
5.11 Since our elections have no way to run a joint ticket election, no candidate shall run on a joint ticket.
Article 6: General Elections
6.1 The Elections Commission shall conduct General Elections. The Elections Commission shall not enjoin or postpone a General Election. Until ASASUP establishes its own student government judicial system, election matters will be overseen and adjudicated by the Elections Commission.
6.2 The General Election results shall determine the winning candidates.
6.2.1 The Senatorial candidates receiving the highest vote totals shall be declared the winners of the General Election.
6.2.2 Candidates running for the respective executive positions (President, Vice President, Treasurer, Secretary) with the most votes shall be declared winners of the respective executive positions of the General Election.
6.2.3 In the event of a tie for the last vacant Senatorial Seats or for an executive position, the tying candidates shall proceed to a Run Off Election.
Article 7: Run Off Elections
7.1 The Elections Commission shall conduct a Run Off Election as needed. The Elections Commission shall not enjoin or postpone the Run Off Election. The Run Off Election shall be conducted according to the guidelines in Article 6.
7.2 Any write-in candidate in a general election or special election who qualifies for a run off election will be considered an official balloted candidate for the run off election.
Article 8: Voting
8.1 All casting of ballots will be held at Polling Site online for each election.
8.2 The Elections Commission shall train Poll Workers in the procedures and security measures applicable to their jobs.
8.3 Polling sites and hours shall be determined by the Elections Commission and shall be designed to allow for easy access to voting by all students.
8.4 Voting will be confidential.
8.5 Absentee and proxy voting are not permitted.
8.6 All persons producing evidence of membership in the ASASUP as defined in ASASUP Constitution are eligible to vote.
8.7 Only currently enrolled members of an Arizona State University shall be permitted to vote.
8.8 Following election day/s, the Elections Commission shall tabulate all ballots.
8.9 Votes for persons other than candidates or filed Write In Candidates who are not on the ballot shall not be tabulated.
8.10 If a voter casts more than one vote for any specific executive position, or if a voter casts more than the allotted total number of Senatorial seats in her/his college, none of those votes shall be tabulated.
8.11 When tabulation is completed, the Chair of the Elections Commission and the Director of Student Activities/Student Union shall certify the results and shall deliver a copy of the certified results to the Dean of Student Affairs Office for publication and announcement.
Article 9: Record Keeping
9.1 The Director of Student Activities/Student Union shall keep all Candidate Applications until the election process, including all Protests, is completed, at which point the Director shall destroy all copies and originals of the Candidate Applications.
9.2 The Director of Student Activities/Student Union shall keep all protests until the election process is completed, at which point the Director shall destroy all copies and originals of the protests.
9.3 The Chair of the Elections Commission shall record all final totals and file them with the Director of Student Activities/Student Union as the official and permanent record of the vote for the elections at issue. Said records shall be available for audit by the ASASUP or any of its official entities.
Article 10: Protests
10.1 Any member of the ASASUP, except Elections Commission members, shall be permitted to file a Protest subject to the following limitations:
10.1.1 Protests relating to senatorial elections shall be filed only by ASASUP members.
10.1.2 Protests shall only allege violations for which penalties are specified under this Bylaw.
10.1.3 The Elections Commission is forbidden to grant any relief other than the penalties specified under this Bylaw and specifically, but not exclusively, is prohibited from enjoining the holding of any election otherwise interfering with the composition of any ballot.
10.1.4 The Elections Commission Chair may file protests regarding any senatorial election. The restrictions on the filing of the complaints to currently enrolled members of the relevant college in senatorial selection do not apply to the Elections Commission Chair.
10.1.5 The Elections Commission Chair files all protests on behalf of the ASASUP as a whole and may delegate the actual argument of a protest to members of the Elections Commission.
10.2 Protests shall specify in what way the Plaintiff was allegedly injured by the actions of the Defendant.
10.2.1 If the Protest does not specify an injury, or the Elections Commission finds that the Plaintiff is uninjured, or that the infraction was de minims, the Elections Commission shall dismiss the Protest with prejudice.
10.2.2 Protests shall be filed with the Director of Student Activities/Student Union between the hours of 8am and 9pm no later than two business days following the election at issue, and shall be immediately referred to the Elections Commission by the Director.
10.2.3 All Defendants are innocent until proven guilty beyond a reasonable doubt.
10.2.4 Any Defendant may assert that the violation charged was caused by ominous natural forces. The burden of proof is on the Defendant with regards to this defense.
Article 11: Penalties
11.1 If the Elections Commission or the Supreme Court should assess a penalty for a specific violation of the Election Code, the penalty assessed shall be the penalty designated by the violations’ classification.
11.2 No penalty shall be assessed for a violation not classified under this article.
11.3 The classifications of violations are as follows:
11.3.1 Class One Violations: Failure to abide by the provisions of Article 5, 5.1 through 5.7 inclusive shall count as one infraction per provision violated. Each infraction shall count as one violation.
11.3.2 Class Two Violations: Deliberately defacing, altering, or destroying the posters or signs of another candidate without that candidate’s explicit written permission. Each poster or sign at issue counts as a separate violation; obstructing the Elections Commission in the discharge of official duties.
11.3.3 Class Three Violations: Falsification of paperwork required by Election Code; knowledge of the commission of a violation prior to or during its occurrence; (no defendant shall be penalized absent a showing that the knowledge was coupled with failure to attempt to prevent the violation or to attempt to rectify the violation); aiding another individual in fraudulent voting.
11.4 The penalties for the three classifications are as follows:
11.4.1 Class One: three penalty points.
11.4.2 Class Two: six penalty points.
11.4.3 Class Three: disqualification.
11.5 Accumulation of nine penalty points or conviction of a Class Three Violation shall result in the disqualification of the candidate.
Article 12: Timeline
12.1 The Elections Commission shall hear and announce decisions on all Protests within three business days following a legitimate complaint.
12.2 Elections Commission Opinions shall be issued no later than two business days following the issuance of a decision. The date of issuance of an opinion may be different from the date of issuance of a decision.
12.3 Candidates have one week following the issuance of an Elections Commission Decision to appeal to the Supreme Court.
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