ASSU Documentation

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====== Article V: Elections ======

===== Section 1. General  =====

 ==== A. Types of Election ====
       - //General elections// are those in which all members of the Association are eligible to vote.
       - //Special elections// are those in which only a well-defined subset of the Association is eligible to vote.
       - General and special elections shall be collectively known as //Association elections// (referred to in this Article as “elections”).
       - //Runoff elections// are those resulting from a failure of an Association election to produce a winner (referred to in this article as a "runoff"). A runoff election can be a general election or a special election, depending on the type of the preceding election.

==== B. Jurisdiction ====
The Policies of the Association Elections shall apply to all Association elections. Elections Policies issued by individual legislative bodies shall apply to candidates, slates, and issues on which their respective populations are eligible to vote.

==== C. Times of Election ====
The timing of various elections shall be specified in the Policies of the Elections Commission, except as specified in the Constitution, these By-Laws, the US By-Laws, the GSC By-Laws, the Association Election Policies, or the Elections Policies of the relevant Association legislative bodies.

==== D. Calling of Elections ====
       - Elections shall normally be held at the times and places, and in the manner specified, by the Constitution, these By-Laws, the US By-Laws, the GSC By-Laws, the Special Charge of the Commission, the Policies of the Association Elections, and the Elections Policies of relevant Association legislative bodies. If an election is not certified, then the relevant Association legislative bodies may call for an additional election to be held at the times and places specified in a Special Charge of the Commission. For the US, this shall require a 2/3 vote; the GSC procedure shall be specified in the GSC By-Laws or Policies.
       - The relevant Association legislative bodies may, by a 2/3 vote, call additional elections for recalling officers, filling vacancies in offices, and approving ballot measures.
       - The Elections Commissioner may call a runoff election. The relevant Association legislative bodies may overrule the calling of the runoff. For the US, this shall require a 2/3 vote; the GSC procedure shall be specified in the GSC By-Laws or Policies.

==== E. Special Charge of the Commission ====
Shall be the resolution(s) approved by the relevant Association legislative bodies calling for additional elections, specifying additional specific duties of the Commission, clarifying and interpreting the Constitution, these By-Laws, the Policies of the Association Elections, or the Elections Policies of the relevant Association legislative bodies for their benefit, and/or approving their actions or requests prior to an election.

==== F. Election Timetable ====
The details of the specification of the election timetable shall be included in the Association Elections Policies or the Elections Policies of the relevant Association legislative bodies.

==== G. Election Surcharge ====
Each Fee levied by the Association shall be charged a uniform percentage surcharge on the amount authorized for collection by the Association.

==== H. Election Budget ====
      - All expenses incurred, and all income received, by the Commission shall be specified in the budget of the Commission.
      - Expenses shall include, but need not be limited to, general administrative expenses, indirect cost recovery, salaries and wages of election officers, expenses of the Hearings Committee, general publicity, the Elections Handbook, polling, ballots, ballot counting, and a budget reserve.
      - Income shall include, but need not be limited to, an Association allowance, a University allowance, and funds in the Elections Surcharge account. All unexpected income shall be credited to the budget reserve.
      - The Commission may transfer funds from the budget reserve into any other expense category except Commission salaries, provided that prompt notice is given to the Association legislative bodies of all such transfers

===== Section 2: Elections Officers =====

==== A. General ====
    - The members of the Elections Commission (hereafter “the Commission”) and the staff of the Commission shall be known as the election officers.
    - No election officer may be hindered by any member or officer of the Association in any way in the performance of her/his duties.
    - Election officers shall be compensated in the amount and manner specified in the budget of the Commission.
    - The Commission shall operate under the oversight of the Executive Committee in devising and implementing the procedures for carrying out elections and other purely administrative matters. However, subject to the provisions of the Constitution, the Association By-Laws, the US By-Laws, the GSC By-Laws, the Special Charge of the Commission, these Elections Policies, and the Elections Policies of the relevant. Association legislative bodies, the Commission shall exercise its independent judgment in:
      - determining the eligibility of candidates, slates, sponsors, Special Fee requests, and ballot measures;
      - the validity of nominating petitions;
      - the design and implementation of all voting materials;
      - in making all other substantive decisions.       
    - Interpretation of Elections Procedure\\ The relevant Association legislative bodies may overrule a decision of the Commission by a 2/3 vote. Should any ambiguities be found by the Elections Commission, they should be reported to the Association Legislative bodies for feedback.

==== B. Charge of the Commission ====
   - To oversee any logistical operations. This includes the hiring of all elections staff, including the creation and staffing of polling stations, the publicity of the commission, and the creation and maintenance of an elections webpage.
   - To give proper notification to all the eligible voters of each election. This notification shall include, but need not be limited to, announcements of all elective offices, the times, places, and manner of voting, and the solicitation of Special Fee requests, ballot measures, and statements in opposition to them, and the production of the Elections Handbook in web format.
   - To provide complete information on how candidates can place themselves on the ballot and to ensure that petition forms, declaration of intent forms, guidelines for submitting Special Fee requests, and copies of any relevant campaign rules are available to candidates, slates, and sponsors through at least one well-advertised informational meeting during Winter Quarter.
   - To coordinate and serve as liaison between the ASSU and students with regards to elections affairs. This includes communicating with all campaigners, coordinating the activities of all special fee applicants, and making statements to the campus media regarding the elections process. The Commission will also serve as the primary reference on all issues regarding the interpretation of By-Laws and Policies relating to campaigning and eligibility
   - To devise and implement the procedures for carrying out all elections and elections operations, in accordance with the provisions of the Constitution, the Association By- Laws, the US By-Laws, the GSC By-Laws, and the Elections Policies of the relevant Association legislative bodies.
   - To determine the eligibility of candidates for elective office, of Special Fee requests, and of all ballot measures. This determination shall be made in accordance with the provisions of the Constitution, the Association By-Laws, the US By-Laws, the GSC By-Laws, and the Elections Policies of the relevant Association legislative bodies.
   - To ensure that off-campus students are able to participate fully in elections, including candidate registration information and voter information.
   - To compile and report the results of all elections. This includes the presentation of statistics and figures for the relevant Association legislative bodies, the counting of all ballots, and recommendations as to the validity of the election and of each of the results.
   - To compile and update the Elections Commission Handbook. This handbook shall include all information necessary to complete the Charge of the Commission as listed above, and shall be updated and reprinted by the sitting Commission immediately prior to selection of the new Commission. The handbook will serve as the primary transition document for the Commission. This document will be comprehensive, and must be produced in two forms:
     - A hard copy, printed and bound, to be hand delivered to the new Commission prior to their taking office.
     - Digital media, which will contain at least as much content as the hard copy

==== C. Composition of the Commission ====
   - The Commission shall consist of the Elections Commissioner and whatever Assistant Elections Commissioners are deemed necessary by the Elections Officers’ Selection Committee. At least one Assistant Elections Commissioner must be a member of each Association population.
   - Elections Officers' Selection Committee
     - For the remainder of this article, the Elections Officers' Selection Committee shall be referred to as the EOSC.
     - The EOSC shall consist of the following members:
       - The current Elections Commissioner, who shall chair the committee.
       - The President of the Association in office at the time of the last election held.
       - The President of the Association elected in the last election held, if different from (ii).
       - One member of the US in office at the time of the last election held.
       - One GSC designee.
       - A US designee or a GSC designee, whichever is a member of the population that has fewer members on the EOSC.
     - Quorum for the EOSC shall consist of 5 voting members of the EOSC.
     - All decisions of the EOSC, including the initial screening of the applicants, shall be by a quorum of the EOSC.
     - No decision of the EOSC shall be valid unless approved by a majority of the EOSC.
   - Appointment of the Elections Commissioners
     - Shall be nominated in the Spring Quarter by the EOSC, in accordance with section 2.C.2 of these Policies.
     - Shall be confirmed by the Association legislative bodies in the Spring Quarter by a 2/3 vote.
     - On the Friday prior to commencement, the new Elections Commisioner shall take office. The Elections Commisioner shall serve until a successor has taken office.
   - Appointment of the Assistant Elections Commisioner
     - Shall be nominated in the Spring Quarter by the EOSC, in accordance with section 2.C.2 of these Policies.
     - Shall be confirmed by the Association legislative bodies in the Spring Quarter by a 2/3 vote.
     - Shall assume office in the Autumn Quarter, and serve until her/his successor has been confirmed.
   - If any member of the Commission has failed to discharge her/his duties responsibly and in a non-partisan manner, then the Association legislative bodies, by a 2/3 vote, may remove the member in question from the Commission, subject to the Usual Guidelines for the Untimely Removal of an Appointed Officer.
   - Any vacancies occurring on the Commission shall be filled by the Association legislative bodies by a 2/3 vote.

==== D. Meetings of the Commission ====
    - Meetings may be called by the chair of the Commission or any 2 members of the Commission.
    - All members of the Commission shall receive proper notification of these meetings.
    - Minutes taken at these meetings shall be filed with the Association Office in a timely manner.
    - All actions taken by the Commission shall be taken only after approval by a majority of the Commission during a meeting of the Commission, unless otherwise specified in the Association By-Laws, the US By-Laws, the GSC By-Laws, the Special Charge of the Commission, these Policies, or the Elections Policies of the relevant Association legislative bodies.

==== E. Duties of the Commissioners ====
     - Elections Commissioner
       - Shall be the Commissions' principal spokesperson.
       - Shall prepare a general timetable of all Commission activities.
       - Shall devise the budget of the Commission with the Association budget.
       - Shall be the primary developer of campaign and elections policy and policy implementation.
     - There shall be no fewer than three Assistant Elections Commissioners chosen by the EOSC. Duties shall be apportioned among them by the Elections Commissioner, upon recommendation by the EOSC.
     - The technical specialist shall be a person of group of people responsible for the technical needs of the election.
     - Technical Specialist
       - Shall acquire or arrange for the use of sufficient computing resources to run online elections.
       - Shall design and implement the online version of the ballot.
       - Shall maintain and/or modify any computer programming code required to run the elections.
       - Shall run the code during the elections.
       - Shall supervise the online elections process to prevent security breaches.
       - Shall produce election results in a timely manner.

==== F. Salary Disbursement ====
   - Election Commissioner salary disbursement
    - 1/2 shall be paid before the results of the Spring Quarter General Election take effect.
    - 1/4 shall be paid after the results of the Spring Quarter General Election take effect but before the end of Spring Quarter for administering a well-run election.
    - 1/4 shall be paid upom selection and training of his/her successor in the Spring Quarter, with the excepectation that the Elections Commissioner will serve in an advisory role during the Summer and Autumn quarters.
   - Assistant Elections Commission salary disbursement
     - 2/3 shall be paid before the results of the Spring Quarter General Election take effect.
     - 1/3 shall be paid after the results of the Spring Quarter General Election take effect but before the end of Spring Quarter.


===== Section 3: Placement of Issues on the Ballot =====
The Association Election Policies and the Elections Policies of the relevant Association legislative bodies shall contain the procedures for placing various issues on the ballot.

===== Section 4: Campaign Regulations =====
The Association Elections Policies and the Elections Policies of the relevant Association legislative bodies shall contain whatever campaign regulations are deemed necessary and appropriate.

===== Section 5: Elections Handbook =====
The Association Elections Policies or the Elections Policies of the relevant Association legislative bodies shall contain the specification of the contents of the Elections Handbook, as well as the requirements for its distribution.

===== Section 6: Ballots =====
The Association Elections Policies or the Elections Policies of the relevant Association legislative bodies shall contain the specification of the content and format of the elections ballots.

===== Section 7: Voting =====
==== A. ==== 
For Presidential nomination and election, voters shall rank slates on their ballots in order of preference, and may choose not to indicate a preference for a given slate.
==== B. ====
In addition, the Association Elections Policies or the Elections Policies of the relevant Association legislative bodies shall contain the following minimum information concerning voting:
  - The method of voting.
  - The start and end of polling times.
  - Voter qualifications.
  - Manner of obtaining signatures for petitions.
  - Procedures for voting from an unattended computer.

===== Section 8: Tabulation of Results =====
==== A. Tabulation Procedure for Presidential Nomination and Election ====
     - The nomination process shall take place in successive Primary Elections using the rankings on voters’ ballots cast in a General Election.
     - In each election, the highest-ranked valid votes on voters’ ballots shall be tallied, and the slate with the fewest votes shall be eliminated. Votes for that slate shall not be considered valid in subsequent elections. If no valid choice is indicated on a ballot, then that ballot shall be removed from subsequent tallies.
     - Primary elections shall be repeated until two slates remain.
     - The highest-ranked valid choices on voters’ ballots shall be tallied in a final election. This result, together with the number of ballots cast in the General Election that do not contribute to this tally, shall constitute the result of the Presidential Election.
     - If necessary, the result of the final election shall constitute the result of the Presidential runoff election.
     - If resolution of a tie vote is necessary to determine the slate to be eliminated in a given Primary Election or the winner of a Presidential Election, the tie shall be resolved by eliminating the tied slate that had the fewest votes in successively previous elections until the tie is resolved or all previous elections have been considered. If the tie cannot be resolved by this method, the Elections Commissioner shall present to the Association legislative bodies, along with executive vote totals, the breakdown of each tied slate’s votes by population. The ties shall be resolved in favor of the slate with the most evenly distributed vote total between the graduate and undergraduate populations.

==== B. ====
The Association Elections Policies or the Elections Policies of the relevant Association legislative bodies shall contain the procedures for tabulating the results of elections, as well as the procedure for requesting a recount.

==== C. Resolution of Conflicts ====
    - A conflict shall exist when two or more ballot measures contain sections which, if they were certified, could not all be implemented.
    - The relevant Association legislative bodies shall divide the ballot measures in question by section, and shall then certify all sections which do not conflict before any conflict is resolved.
    - A conflict between a Constitutional amendment and a referendum shall be resolved in favor of the Constitutional amendment, which shall then be certified.
    - From each set of sections remaining in conflict the one whose ballot measure secured the highest percentage of votes shall be certified.

===== Section 9: Report of Election Results =====

==== A. ====
The Elections Commissioner shall present to the relevant Association legislative bodies the results of all elections and voting within seven days of the conclusion of the end of the polling period. This section shall not govern elections called under the terms of Article VI, Section 2, Subsections D and E of the Constitution.

==== B. ====
The results of the election presented by the Elections Commissioner shall take the form of a document stating:
  - The appropriate office, Special Fee request, or ballot measure;
  - The number of votes cast for the appropriate candidate or slate, or the number of votes cast in favor of and in opposition to the appropriate Special Fee request of ballot measure;
  - A statement regarding the proper conduct of the election to include specifying any issues that may be of special concern;
  - Any other information deemed appropriate by the Commission.

==== C. ====
The procedure for certification of results for US elections shall be specified in the US By-Laws. The procedure for certification of results, if any, for GSC elections shall be specified in the GSC By-Laws.

==== D. ====
The US By-Laws shall have sole jurisdiction over the certification and/or invalidation of elections affecting only the undergraduate population, unless specified otherwise in the US By-Laws. The GSC By-Laws shall have sole jurisdiction over the certification and/or invalidation of elections affecting only the graduate population, unless otherwise specified in the GSC By-Laws.

===== Section 10: Invalidation of Election Results =====

==== A. Definitions ====
  - //Voter fraud// shall be defined as a successful attempt to:
     - Tamper with or interfere with the correct operation of, or damage in order to prevent the use of, any currently approved voting technology, means, or procedure;
     - Interfere with the secrecy of voting or ballot tally software programs;
     - Substitute forged or counterfeit voting or ballot tally software programs;
     - Manipulate the results of an election after ballots have been cast;
     - Manipulate any person’s ballot;
     - Cast another person’s ballot;
     - Cast a ballot by a non-member of the Association;
   - //Force majeure// shall be defined as fires, earthquakes, floods, epidemics, explosions, riots, civil disturbances, acts of God, wars, acts of terrorism, massive electrical or Internet service outages, closure or evacuation of the University campus, theft or disappearance of Elections Commission equipment necessary for the casting or tabulation of ballots, a malfunctioning of Elections Commission equipment that affected the outcome of an election, or any University, municipal, county, state, national, or international ordinances or laws that adversely affect the ability of the Association population to cast votes in an election.
   - //Manifestation// shall mean that evidence has been brought forth to the attention of the Association.
   - //Voter disenfranchisement// shall be defined as the lesser amount of either:
     - The manifestation of the inability, due to force majeure, of at least 2% of the entire Association population to cast votes;
     - The manifestation of the inability, due to force majeure, of a portion of the entire Association population large enough to affect the outcome of an election to cast votes.
     - The lack of manifestation in the above cases shall allow the results to proceed without official investigation or interference.
   - //Invalidation// shall be defined as the rendering of election results, by the lawfully empowered Association body, to be null and void once voter disenfranchisement has been investigated and affirmed.
   - This section of these By-Laws shall only have jurisdiction over the results of elections involving the entire Association population. This section shall not govern elections involving only the undergraduate population, unless otherwise specified in the US By-Laws. This section shall not govern elections involving only the graduate population, unless otherwise specified in the GSC By-Laws.

==== B. Grounds for Invalidation ====
The Association legislative bodies shall have power to invalidate the results of an election involving the entire Association population only in the event of voter fraud, voter disenfranchisement, an election that was conducted in a partisan manner by the elections officers, or an election that was not in accordance with the Constitution.

==== C. Procedures for Invalidation ====
    - A request for invalidation of the results of an election involving the entire Association population must be signed (i.e., sponsored) by at least one voting member of each Association legislative body. This request must be filed no more than two weeks after the end of the polling period of the election.
    - The Association legislative bodies shall each vote on the request for invalidation within two weeks of the submission of the request for invalidation.
    - An election involving the entire Association population may only be invalidated by a supermajority vote of 2/3 of each Association legislative body.
    - Should voter fraud or voter disenfranchisement affect only a portion of an election, the Association legislative bodies shall have the power to invalidate only the affected portion. The unaffected portions of the election shall not be invalidated.

==== D. Invalidation for Unforeseen Circumstances ====
In the event that an election involving the entire Association population should need to be invalidated for any reason not specified by this section of these By-Laws, the Constitutional Council shall have the sole power to invalidate that election, or the affected portion thereof. The Constitutional Council shall exercise this power only if a case is brought forth under the terms of Article IV of the Constitution.

==== E. Calling New Elections ====
Within ten days of the invalidation of the results of an election, the Elections Commission shall call a new election to replace the invalidated portion of the results (or to replace the entirety of the election, should the entire election be invalidated). The new election shall not replace the valid, unaffected portions of the previous election. The new election shall be held within six weeks of the invalidation.


===== Section 11: Public Financing for Executive Elections =====

==== A. General ====
    - To ensure broader, more equitable participation in the election of the Executive, Public Financing of Executive Elections shall be made available to all members of the Association.
    - Candidates forming a slate for Executive and wishing to access public financing must, in addition to satisfying petitioning requirements set out in the Elections policies of the Association, draw at least 25% of the minimum number of petition signatures from each population of the Association.

==== B. Appropriation of Funds and Campaign Expenses ====
    - $4500 from the Executive budget shall be allocated to the budget of the Elections Commission (EC) for public financing of Executive Elections.
    - Slates receiving public financing must restrict their total campaign expenditure, including the portion to be reimbursed as Public Financing expenditures, to $1500.
      - All campaign expenditures shall be in accordance with California and Federal law as well as Stanford University’s Fundamental Standard and any failure to comply will not be reimbursed for campaign expenses.
    - Slates receiving public financing shall account for all campaign expenditures and shall present to the Elections Commission receipts corroborating all expenses.
    - Executive slates eligible for and accepting public financing shall be reimbursed up to $750 of total campaign expenses at the conclusion of the election and barring violation of the rules and regulations stipulated by the Commission during the election.
    - Up to 6 Executive Slates eligible for public financing shall be reimbursed up to $750 for total campaign expenses. If the number of eligible slates exceeds 6, then the number of eligible slates shall have an equal portion of the money available.

==== C. Enforcement and the Disbursement of Funds ====
     - Slates successfully petitioning for public financing shall submit a budget detailing all planned campaign expenses before campaigns begin. Slates failing to submit a complete budget to the EC prior to the official start of campaign week are no longer be eligible for public financing.
     - Slates can change their budget at any point throughout campaign week but must submit formal notification to the EC 24 hrs before enacting any such changes.
     - Slates must submit receipts for all campaign related expenses by the official conclusion of campaign week. Receipts must corroborate the budget submitted to the EC at the start of campaign week as well as all successfully petitioned changes to the budget.
     - All slates in the public financing scheme shall adhere to all policies in the Elections Handbook. Slates that fail to comply with elections policies will not receive publicly financed reimbursements.
     - If 2/3 of the EC agrees that a slate has violated public financing policies or election policies the EC shall investigate potential violations. The EC shall be required to immediately inform a slate under investigation (e.g. an email to both members of the Executive Slate). If a slate is found to have violated the scheme, its members may appeal to have a hearing conducted after the elections in accordance with the association rights of the accused.
     - The EC shall file Executive Slates reimbursements with Stanford Student Enterprises.
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