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6. Elections
6.01- Student Election Commisson
6.03- United Council Standing Referendum
6.06- Tabulation and Certification of Results
6.07- Complaints Concerning Election Validity
6.08- General Referenda, Initiatives and Recalls
Subsection 6.01 - Student Election Commission
6.01(1)-
Pursuant to Article IX Section 3 (A) of the ASM Constitution, for the purpose of running elections under the authority granted to the Student Judiciary (SJ), the Student Judiciary creates a Student Election Commission (SEC), to which the Student Judiciary delegates all powers necessary and proper for the execution of ASM elections and consistent with the ASM Constitution and this section of the Bylaws. The Student Judiciary specifically reserves the power to act as the Student Election Commission if, in the opinion of the Student Judiciary, such action is in the best interests of free and fair elections.
6.01(2)- Membership
(a)-
The Student Election Commission shall be supervised by a Student Election Commission Chair, who shall be selected from among the members of the Student Judiciary or SEC by majority vote of the Student Judiciary, and shall serve at the pleasure of the Student Judiciary. If the SEC Chair is elected from among the commissioners of the SEC, he or she must attend all Student Judiciary Business Meetings. The SEC Chair does not have to be a sitting Justice on the Student Judiciary.(b)-
The Student Election Commission shall also have a Student Election Commission Vice-Chair, who shall be selected from among the members of the Student Judiciary or SEC by majority vote of the Student Judiciary, and shall serve at the pleasure of the Student Judiciary. The SEC Vice-Chair does not have to be a sitting Justice on the Student Judiciary.(c)-
The Student Election Commission shall also consist of commissioners who shall be responsible for assisting the Student Election Commission Chair and Student Election Commission Vice-Chair in the election process. Commissioners shall be ASM members holding no other elected or appointed office, and shall be approved by the Student Judiciary by a majority vote.
6.01(3)- Removal of Commissioners
(a)-
The Chief Justice must receive a petition described in subsection 6.01(3)(b), before any Commissioner may be removed by majority vote of the Student Judiciary. The commissioner must receive one week's notice prior to the vote. However, the Chair of the SEC, the Chief Justice of the Student Judiciary, or a petition signed by one-third of the Justices may suspend a member of the Student Election Commission from the exercising the duties of their office pending such a proceeding.(b)-
A petition alleging causes for removal may be filed with the Student Judiciary by:
(b)i-
Any Student Justice;(b)ii-
A majority of the Student Election Commission, excluding the Chair and the Vice Chair of the Commission; or
(b)iii-
Any Representative of the Student Council.(c)-
Upon reception of a petition described in subsection 6.01(3)(b), the Chief Justice shall communicate to the Student Justices, the Commissioner or Commissioners against whom the petition was filed, the person or persons filing the petition, and all other members of the Student Election Commission notice of the petition and shall schedule the petition to be considered at the next regular meeting of the Student Judiciary. If the Student Judiciary has no regular meetings left scheduled during the academic term the petition was submitted in, the Chief Justice shall order a special meeting called for the purpose of considering the petition, such meeting to occur within seven (7) calendar days, or before the end of the academic term, whichever is sooner.(d)-
At the meeting described in subsection 6.01(3)(c), both the person or persons bringing the petition, and the Commissioner or Commissioners against whom the petition has been brought shall have the right to present evidence in support of or against the petition, including, without limitation, the right to call witnesses, and to cross-examine witnesses called by any other party. After each side has presented evidence, the Student Judiciary shall debate the matter. The Commissioner shall be removed if by majority vote, the Student Judiciary orders removal.(e)-
Nothing within this subsection is intended to limit in any regard the right of the Student Council to adopt a bill of impeachment pursuant to subsection 1.06(2) of these By-laws, provided that the Student Judiciary may, by majority vote, define the nature of "malfeasance in office" with regard to the office and duties of a Student Election Commissioner.
6.01(4)-
The Student Election Commission shall vote on all decisions in a majority fashion, and the voting body shall consist only of the Student Election Commission Chair, Student Election Commission Vice-Chair, and Student Election Commission Commissioners.
6.01(5)- Powers and Duties
(a)-
The Student Election Commission shall have all powers necessary and proper for running elections, in a fair and responsible manner.(b)-
The Student Election Commission shall have the power to make binding election rules and regulations concerning candidates, campaigning, general referenda, initiatives, and recalls, provided that any such rules or regulations are published two weeks prior to the filing date of the candidacy declarations at the start of the election period during which they will operate, unless otherwise noted in this subsection.(c)-
The Student Election Commission shall have the power to recommend to the Student Judiciary such amendments to these Bylaws as may be necessary to improve the function of the Student Election Commission.
(d)-
The Student Election Commission shall have the power to initiate litigation before the Student Judiciary to enforce the election rules and bylaws.(e)-
The Student Election Commission shall be responsible for promulgating a list of due dates to the membership for candidate, initiative, or referendum filing, consistent with the dates specified in the Constitution. The Chair of the Student Election Commission or his or her designee shall be the member of the Student Judiciary designated to receive such referendum or initiative or vacancy notices for placement on the ballot.(f)-
The Student Election Commission shall release a preliminary result pending complaints within 3 school days of the last day of an election, and a final result after the Student Judiciary has reached decisions on all complaints.6.01(6)-
Nothing in this part of the Bylaws is intended to limit the express power of the Student Judiciary to oversee all elections, and if necessary for the Student Judiciary to implement and run the elections.
6.01(7)-
To ensure fairness and impartiality, all Commissioners shall abstain from relationships with Candidates or those affiliated with the ASM that may be reasonably construed by the Student Judiciary as potentially damaging to the democratic nature of the elections.
6.01(8)-
Actions or omissions which call into question the Commissioners' impartial performance of their duties and responsibilities shall be brought to the attention of the Student Judiciary, which shall then take appropriate action.Subsection 6.02 - Candidates
6.02(1)-
(a)-The Student Election Commission shall determine all candidate eligibility pursuant to the Constitution. Students may hold only one voting seat on the Student Council.
(b)-
For the purposes of participating in the fall election, 'Freshman' shall mean any undergraduate ASM member classified as a 'First Year Student' by the Registrar.
6.02(2)-
To have his or her name placed on the ballot, a prospective candidate must complete a Candidacy Declaration Form by the Student Election Commission specified deadline in order to allow the Student Election Commission to verify each Candidate's eligibility. Late Candidacy Declaration Forms will not be accepted. It is expected that the Student Election Commission will allow a reasonable period of time before the elections for candidates to file.6.02(3)-
The completed Candidate Filing Form shall consist of the Candidate's full name, campus address, phone number, email address, year classification, school, student identification number, and position for which candidacy is being declared, and such other reasonable information that the Student Election Commission may by regulation require.6.02(4)-
The Student Election Commission may also require candidates to supply a personal statement to be made available at polling places. The statements will serve to familiarize voters with all candidates.6.02(5)-
To preserve sportsmanship among candidates and their affiliates, the Student Judiciary shall schedule hearings to investigate accusations of unfair campaigning practices.6.02(6)-
Notwithstanding any provision of these Bylaws to the contrary, no ASM funds may be used for election purposes without the specific approval and authorization of the Student Judiciary. This specifically prohibits without limitation any use of ASM resources, equipment or grant money for election activities without the prior approval of the Student Judiciary. For the purposes of this section, ASM funds include all funds that the ASM has any control over.6.02(7)-
The Student Election Commission may decide to award candidates funds for use in promoting their candidacy. Awards must reflect equality and fairness for all candidates.6.02(8)-
Candidates must be enrolled in the college or school elected to by the start of the new session.
Subsection 6.03 - United Council Standing Referendum
6.03(1)-
The United Council Referendum shall be held in the spring of every odd session and shall automatically be placed on the ballot by the Student Election Commission Chair.6.03(2)-
The Student Council or SSFC through their referendum powers or the members through their initiative power may order the United Council Referendum to be held more often.6.03(3)-
Every odd session, the Student Council will pass a resolution asking the Student Judiciary to place the UC membership referendum on the spring ballot. Placing the referendum on the ballot is the responsibility of the SEC, but the Student Council should proactively work to ensure the referendum is run as scheduled. If for some reason the referendum is not put on the ballot, it should be run in the next election.
Subsection 6.05 - Voting Procedures
6.05(1)-
Currently enrolled students at the University of Wisconsin - Madison are eligible to vote once for representatives running for seats within that voter's academic unit. Students shall be able to cast a cumulative ballot, casting a number of votes equal to a majority of the seats available in that voter's academic unit.6.05(2)-
Polling will take place via computer or paper ballots at all sites designated by the Student Election Commission. Computer voting must be approved by the UW Survey Center and other concerned parties. This may include voting from remote sites such as home computers. The program employed for polling shall insure privacy for all voters.6.05(3)-
Ample opportunity for casting write in ballots shall be provided by the polling program.6.05(4)-
Responsibility for set up and configuration of the polling program shall be primarily that of the SEC, insofar as it is capable.6.05(5)-
All votes shall be taken by secret ballot.6.05(6)-
The Student Election Commission shall publish a list of all candidates, referenda, initiatives, and recall questions placed on the ASM election ballot and will post the list in a public manner one week prior to the start of each election.Subsection 6.06 - Tabulation and Certification of Results
6.06(1)-
Preliminary election results must be released within three school days of the end of the election.6.06(2)-
After the release of the preliminary election results, election complaints must be submitted within five school days. Once the Student Judiciary has ruled on all timely election complaints, the results will be considered finalized.6.06(3)-
Upon finalization, the results must be certified within two school days and will be so considered once certification has been publicly displayed. Certification of the results will come in the form of a written document, to be posted outside of the ASM office as well as on the ASM website, which includes the results of all seats in the election. The vote totals must be included for all candidates appearing on the ballot and all write-in candidates earning at least ten votes of 10% of the votes cast in that election, whichever is the lesser. After any timely requested recounts have been performed, election winners may take office.6.06(4)-
Write-in votes will be tabulated separately and are indeed valid votes cast by students. A write-in candidate's votes shall be contained in the certified results if the candidate receives at least ten votes or 10% of the votes cast in a particular election, whichever is the lesser.6.06(5)-
The candidate with the most votes for an open seat will be declared the winner and will assume office pursuant to the guidelines set forth by the Constitution.6.06(6)-
General referenda, initiatives and recalls shall be passed by a simple majority of votes. Initiatives for funding of speech or expressive activities are null and void.6.06(7)-
The Student Election Commission shall take necessary measures to publicize the results of the election immediately following establishment of valid election results.Subsection 6.07 - Complaints Concerning Election Validity
6.07(1)-
A candidate has the option of requesting a recount within 24 hours of the certification of the results by the Student Election Commission. The Student Election Commission may, by regulation, require a candidate to pay for the costs of a frivolous request.6.07(2)-
All Complaints are to be registered with the Student Judiciary following the guidelines set forth in the Student Judiciary Bylaws, unless the Student Judiciary adopts specific rules for the handling of election complaints.Subsection 6.08 - General Referenda, Initiatives, and Recalls
6.08(1)-
Under Article XIII of the ASM Constitution, General Referenda, Initiatives and Recalls are to be filed with the Student Judiciary after being petitioned by the ASM members or upon resolution of an authorized ASM body.(a)-
All non-constitutional questions placed on an initiative, referendum, or recall measure shall be submitted in such a way that members of the ASM may vote for or against each question separately.
(b)-
All challenges to initiatives, referenda, or recall measure arising under 6.08(1)(a) must be filed within five days of the ballot being published under section 6.05(6). Initiatives, referenda, and recall measures may remain on the ballot while the SEC and the Student Judiciary review the challenge.
6.08(2)-
Proposals dealing with amendment to the ASM Constitution or disbandment of the ASM shall be deemed submitted to the Student Judiciary for placement on the ballot of the next election if:
(a)-
A petition to that effect signed by not less than ten percent (10%) of the total membership of the ASM is filed with either the Chief Justice or the Chair of the Student Election Commission; or(b)-
The Student Council submits to either the Chief Justice or the Chair of the Student Election such a petition after adoption of the same by two-thirds (2/3) vote of the entire Student Council, excluding vacancies, at two consecutive council meetings.6.08(3)-
General Referenda, Initiatives, or Recalls not falling under the provisions of paragraph6.08(4)-
of this subsection, shall be deemed submitted to the Student Judiciary for placement on the ballot of the next election if:
(a)-
The petition meets all constitutional requirements, all requirements in these bylaws, and any other rules which the Student Judiciary or Student Election Commission may adopt for said petitions; or
(b)-
The Student Council or Student Services Finance Committee submits to either the Chief Justice or the Chair of the Student Election Commission, using their referenda authority, adopt such a petition by majority vote at two consecutive meetings.6.08(5)-
The Student Judiciary shall determine if General Referenda, Initiatives or Recalls submitted under this Subsection meet the requirements of the Constitution and By-laws, and, if so, shall then place the measure on the ballot for the next election.6.08(6)-
The Student Election Commission shall set a due date for when all General Referenda, Initiatives, and Recalls are to be filed pursuant to this Subsection; such dates shall be consistent with the dates set by the Constitution.6.08(7)-
The Student Election Commission or Student Judiciary shall adopt, by resolution, rules regarding the requirements for all referenda, initiatives, and recalls falling under paragraphs 6.08(2)(a) and 6.08(3) of this subsection.
(a)-
For the Fall Elections, the rules shall be adopted at the end of the Spring Semester prior to the Fall Elections. For the Spring Elections, the rules shall be adopted at the end of the Fall Semester prior to the Spring Elections.(b)-
The Student Judiciary or Student Election Commission shall ensure that these rules are adequately published, and the rules shall be available upon request of any ASM member.Subsection 6.09 - Special Elections
6.09(1)-
A special election may be held pursuant to the following procedures:
(a)-
The Student Council shall vote to hold a special election and specify a purpose for said election with a 2/3 majority at two consecutive Student Council meetings.
(b)-
The SEC Chair and SJ Chief Justice shall sign off on the proposal before any election is held.
(c)-
If the SEC Chair or SJ Chief Justice fail to sign off on the proposal a special election may only be held upon receiving a 4/5 vote of the Student Council.
6.09(2)-
The SEC shall facilitate all special elections.