ASSU Documentation

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====== Article VI: Popular Legislation ======

===== Section 1. Powers of the Membership of the Association =====
==== A. Initiative ====
  - Initiative is the power of the membership of the Association to enact any bill, resolution, order, or other original main motion within the power of an Association legislative body (referred to in this Article as “legislation”), including By-Law amendments, except for the certification of the results of any Association election. Subject to this exception, the initiative power shall include the power to modify or repeal any legislation previously approved by an Association legislative body. 
  - A measure adopted by initiative may not be amended or repealed by an Association legislative body, except through a Referendum. 

==== B. Referendum ====
Referendum is the power of the members of the Association to overturn any legislation approved by an Association legislative body, except that those types of legislation which are defined in this Constitution as not being subject to initiative shall also not be subject to referendum. 

==== C. Recall ====
Recall is the power of the membership of the Association to remove from office the President or the Vice President of the Association, or any or all of the members of an Association legislative body (referred to in this Article as “officers” of the Association). 

==== D. Calling of Elections ====
  - The Association shall have the power to call an election at any time. 
  - General elections are those in which all members ofthe Association are eligible to vote. 
  - Special elections are those in which only a well-defined subset of the Association is eligible to vote. 
  - The Association Spring Quarter General Election is the particular general election which shall be held on two consecutive weekdays during the second,third, or fourth week of spring quarter.

===== Section 2. Placement on the Ballot and Timing of Elections =====
==== A. Initiative ====
An initiative measure shall be submitted to the members of the Association for their approval or rejection according to one of the following procedures: 
  - For resolutions, “advisory referenda”, or other initiatives whose only purpose is to express an opinion, or to take such symbolic action as may be incidental to the expression of that opinion: 
    - The resolution may be placed on the ballot by the relevant Association legislative bodies. 
    - If a petition of 5 percent of a population of the Association, containing the text of the resolution, is submitted to the Elections Commission at least 21 days prior to the Association Spring Quarter General Election, or at least 14 days prior to any other previously called election involving that population, the Commission shall, unless it or either Association legislative body determines the petition not to be in good order within the limitations of this Constitution, place the initiative on the ballot for the specified population for the specified election. "Not in good order" shall include, but not be limited to, an inappropriate choice of population. Petitions covering the entire membership of the Association must bear the signatures of 5 percent of the graduate and undergraduate populations separately.
  - For all other initiative measures: 
    - The initiative may be placed on the ballot by the relevant Association legislative bodies. 
    - If a petition containing the signatures of at least 10 percent of a population of the Association, containing the text of the initiative, is submitted to the Elections Commission, the Commission shall place the initiative measure on the ballot for the next election involving the specified population, unless wither the Commission or either Association legislative body determines the petition not to be in good order. "Not in good order" shall include, but not be limited to, an inappropriate choice of population. Petitions covering the entire membership of the Association must bear the signatures of 10 percent of the graduate and undergraduate populations separately.

==== B. Referendum ====
  - If a petition of 10 percent of a population of the Association, stating the legislation of the corresponding Association legislative body on which the referendum is requested, is submitted to the Elections Commission within 21 days after that Association legislative body has enacted the legislation in question, not counting days between quarters, the Commission shall, after the petition was found to be valid, place the initiative measure on the ballot for the next election involving that population, so long as the petition is found to be in good order. Petitions covering then entire membership of the Association must bear the signatures of 15 percent of the graduate and undergraduate populations separately. 
  - Once a petition seeking a referendum on a piece of legislation enacted by an Association legislative body has been found to be valid, that piece of legislation shall be suspended pending the outcome of the referendum election. In particular, any funds budgeted or allocated by that Association legislative body which had not been expended or encumbered before the referendum qualified for the ballot shall be frozen pending the outcome of the election. However, any action taken by officers of the Association pursuant to an item of legislation approved by an Association legislative body after it was initially approved, and before a referendum had qualified for the ballot, shall continue to be valid.

==== C. Recall ====
  - **Petitions:** A petition seeking a recall election shall be submitted to the Elections Commission, as follows: 
    - A petition to recall the President or the Vice President shall not be valid unless it contains the signatures of at least 15 percent of the membership of the Association. 
    - A petition to recall an elected member of an Association legislative body shall not be valid unless it contains the signatures of at least 15 percent of the members of the population or district of the Association that was eligible to vote for that elected member.
  - **Verification of Petitions** 
    - The Elections Commission shall, if it determines the signatures on the petition to be authentic and sufficient in number, call and conduct a recall election on two consecutive days, not less than 10 nor more than 21 days after it has made its determination. 
    - If the Commission does not make a determination as to the authenticity of the signatures and their sufficiency in number within 7 days after the petitions have been submitted, its responsibilities devolve upon the President of the Association, or, in the case of a petition to recall the President or the Vice President of the Association, upon the relevant Association legislative body. The President of the Association (or the relevant Association legislative body, if the responsibility devolves upon it) must make its determination as to the authenticity of the signatures and their sufficiency in number within 5 days after such responsibility has devolved upon it from the Elections Commission. If the petitions are determined to be in order, the Elections Commission shall call and conduct a recall election on two consecutive days not less than 10 nor more than 21 days after the petitions were determined to be in order.
    - The Constitutional Council shall have the power to investigate any fraud or wrongdoing in the process outlined in section 2(b) above. If such fraud is found, the Council may by a majority vote overturn any ruling on the validity of recall petitions. 
    - If a recall election against the President or the Vice President of the Association is successful, that person shall immediately lose her or his office.

==== D. Calling of Elections on Issues ====
  - An immediate election open to a population of the Association may be called by submission of petitions bearing the signatures of 15 percent of the members of that population to the Elections Commission. Petitions covering the entire membership of the Association must bear the signatures of 15 percent of the graduate and undergraduate populations separately. The election shall be held not less than 7 nor more than 21 days after the Commission has found the petition to be valid. The Association legislative bodies may only find such a petition to be invalid due to an inappropriate choice of population. The Association legislative bodies may not delay such an election except as provided in section F(1) below. 
  - Petitions bearing a call for elections may simultaneously bear initiatives, referenda, recalls, amendments to this Constitution. All such simultaneous legislation shall be placed on the ballot in the election, along with any other measures awaiting the approval of that population of the Association. 
  - Such elections shall be held in accordance with the rules and regulations set down previously by the Association legislative bodies for an election open to that population of the Association.
  - The Elections Commission shall have the power to certify the results of such an election. Any questions about the validity of the election results shall be referred to the Constitutional Council which shall rule by majority vote on the election’s validity. 

==== E.  Calling of Association Legislative Body Elections ====
  - If petitions bearing the signatures of 20 percent of the members of a population of the Association are submitted to the Elections Commission calling for new elections for the corresponding Association legislative bodies, new elections for those Association legislative bodies shall be called immediately. Petitions covering the entire membership of the Association must bear the signatures of 20 percent of the graduate and undergraduate populations separately. The election shall held not less than 7 nor more than 21 days after the Commission has found the petition to be valid. The Constitutional Council shall rule by majority vote on any questions about the validity of the petitions. The affected Association legislative bodies shall not have the power to postpone the call for elections except as provided in section F(1) below.
  - Such elections shall not preclude or alter the timing of the Association Spring Quarter General Election. 
  - Such elections shall be held in accordance with the rules and regulations set down previously by the Senate for the Association Spring Quarter General Election. 
  - The Elections Commission shall have the power to certify the results of such an election. Any questions about the validity of the election results shall be referred to the Constitutional Council, which shall rule by majority vote on the election’s validity. 
  - Immediately upon certification of the election results, the relevant Association legislative bodies shall disband and the newly elected members of these Association legislative bodies shall constitute the new relevant Association legislative bodies in accordance with all rules and regulations set down in Article II of this Constitution. The relevant Association legislative bodies shall then within 14 days hold their first meeting.

==== F. General ====
  - An election on any petition seeking an election under the provisions of this Article which was submitted within 21 days of the end of the quarter may, at the discretion of the relevant Association legislative bodies, be postponed for vote until not more than 21 days after the opening of the following quarter, provided that any such postponement in the spring quarter shall be until the following fall quarter. 
  - The relevant Association legislative bodies may, by a two-thirds vote, schedule an earlier election for any item which has qualified for the ballot by petition. 
  - No such election conducted under the provisions of this Article shall be conducted except during the fall, winter or spring quarters. 
  - The Association legislative bodies shall have the authority to establish regulations defining the proper form for petitions and governing the circulation thereof. All such regulations shall take effect 90 days after they are approved by the relevant Association legislative bodies. 

===== Section 3. Election Procedure =====
==== A. Notice ==== 
The text of each resolution or other initiative measure, and of each item of Association legislative body legislation which is the subject of a referendum, shall be made available by the Elections Commission to all members of the relevant population of the Association at least seven days prior to the ratification election on the amendment, either through publication in the largest general circulation student newspaper and/or mass distribution of flyers or through inclusion in an election handbook distributed to members of the Association. If the latter option is chosen, the title of the proposed initiative or referendum measure, the dates of the election on that measure, and a statement explaining how to obtain a copy of the text of the measure, shall be published in the Stanford student newspaper at least seven days prior to the election. Public notice of a recall election, including the names of the officer(s) whose recall has been sought and the office(s) they hold, shall be given in the largest general circulation student newspaper and/or mass distribution of flyers at least 7 days prior to the election. 

==== B. Voting ====
  - **Initiative:** Each member of the relevant population of the Association may cast one vote in favor of or against each initiative measure. An initiative measure shall be adopted upon approval by a majority of the members of the relevant population of the Association voting on that measure, and provided that those in favor of the measure constitute at least 15 percent of the relevant population. For an initiative measure open to the entire membership of the Association, a majority of both the graduate and undergraduate populations must separately approve the measure, and those in favor within each population must constitute at least 15 percent of their respective populations. 
  - **Referendum:** Each member of the relevant population of the Association may cast one vote in favor of or against each item of Association legislative body legislation for which a referendum was sought. The action of the Association legislative body shall be rejected with the concurrence of a majority of those members of the relevant population of the Association voting on the referendum, and provided that those voting against the action constitute at least 15 percent of the relevant population. Otherwise, the action shall be approved. For those referenda open to the entire membership of the Association, a majority of both the graduate and undergraduate populations must separately concur in rejecting the action of the relevant Association legislative bodies, and those concurring within each population must constitute at least 15 percent of their respective populations. Otherwise, the action shall be approved. 
  - **Recall:** Each member of the Association may cast one vote either in favor of or against the recall of each officer on whose recall they are eligible to vote, as follows:
    - All members of the Association may vote on the recall of the President or the Vice President. 
    - In recall elections for elected members of an Association legislative body, only members of the district the member of the relevant Association legislative bodies in question represents may vote. 
  - Recall, continued:((Formatting limitations require this to be a separate bullet. This bullet is a continuation of bullet 3.)) The officer or officers shall be removed from office with the concurrence of 2/3 of the members of the Association voting on her/his recall, as determined by the Elections Commission, provided that those concurring constitute at least 15% of those eligible to vote for removal. If the entire membership of the Association was eligible to vote on a given removal, then approval shall require the concurrence of 2/3 of the graduate and undergraduate populations separately, with those voting in favor of removal within each population constituting at least 15 percent of their respective populations. Any office which becomes vacant as a result of a recall election shall be filled according to the relevant sections of this Constitution.
ASSU Documentation

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