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					                             ARTICLE IX – THE ELECTION CODE


Section 1. Purpose

   A. The Election Code is to ensure a fair, ethical, and legal elections process.

Section 2. Elections Committee

   A. The AS Senate shall establish an Election Committee charged with organizing,
      promoting, and overseeing the elections of the Associated Students.
   B. Membership will be made up of representatives from the AS Senate, Inter Club Council,
      Otter Student Union, Residential Housing Association, and the Diversity Council; two or
      more students at-large. One (1) non-voting ex-officio member shall be the President of
      California State University, Monterey Bay or designee who shall have the ability to
      participate in discussions but neither provided motioning and seconding parliamentary
      authority nor shall they have an effect on quorum.
   C. Student members must be registered students in good standing at CSUMB.
      Undergraduates must be enrolled in at least six (6) units and graduate students must be
      enrolled in at least three (3) units.
   D. Members of the Election Committee are not eligible to run for office.
   E. The representative from the AS Senate will serve as Chair and is responsible for
      recruiting members.
      1. The Election Committee Chair will ask the Inter Club Council, Otter Student Union,
           Residential Housing Association, and Diversity Council to each nominate a
           representative to serve on the Election Committee.
      2. The Election Committee Chair will choose the nominations for the at-large positions
           from the general student population. The at-large positions will be advertised at least
           two weeks and interested students will be asked to submit an application.
   F. AS Senate shall approve the nominations by a majority vote. The Election Committee
      should be established before the end of the fall semester, and will automatically disband
      at the close of the election period.
   G. The Election Committee is responsible for creating the Elections Packet, which must be
      approved by the Senate.
       1. The Elections Packet shall contain the following:
                a. The names of the committee members
                b. Candidate Instructions
                c. Important deadlines
                d. Eligibility requirements
                e. Position descriptions
                f. Organizational chart
                g. AS Constitution, Bylaws, and Standing Rules
                h. The Declaration of Intent to Run for Office form
                i. The Candidate Statement form
                j. The Election Violation Complaint form.
   H. Elections Deadlines
      1. The Election Committee is responsible for adhering to the following deadlines:
                a. Approval of Elections Packet and Elections dates and times by the AS
                    Senate must be done thirty (30) days prior to the Elections.
                b. Elections Packet must be made available thirty (30) days prior to the
                    elections.
                 c. Declaration of Intent to Run for Office forms and Candidate Statement
                    forms must be made available thirty (30) days prior to the elections.
                 d. An All-Candidates Meeting must be scheduled to occur after the deadline to
                    submit Declaration of Intent to Run for Office and Candidate Statement, and
                    no later than two (2) weeks prior to the elections.
                 e. The names of the official candidates shall be released to the public no more
                    than one school day after the All-Candidates Meeting.
                 f. The Election Committee shall post a notice of elections two (2) weeks prior
                    to the election in the Otter Realm, the Associated Students newsletter, the
                    Associated Students website, First Class General News, Open Forum, the
                    Associated Students conference folder, First Class What’s Happening, and
                    the Associated Students bulletin board.
                 g. A sample ballot will be posted five (5) school days before the start of the
                    election.
                 h. Elections shall occur for a minimum of two (2) consecutive school days but
                    no more than three (3) days.
                 i. The Election Committee shall announce and post the official results of the
                    election by submitting the results to the Associated Students President, the
                    Associated Students Senate, and the Office of the President of the California
                    State University, Monterey Bay no later than seventy-two (72) hours
                    following the elections.
                 j. Complaints regarding any violations on election day, or the counting of the
                    ballots must be submitted to the Election Committee Chair or the Office of
                    Judicial Affairs no later than 5:00pm two (2) school days after the elections.
                 k. Campaign materials should be removed within five (5) school days after the
                    close of the elections. Candidates are responsible for removing their
                    campaign materials.
                 l. An election shall be considered closed and the results final fourteen (14)
                    days after the election results are announced. Any challenges to an election
                    must be submitted to the Election Committee no later than the end of this
                    time period.

    I.   The Election Committee will automatically disband at the close of the election period.

Section 3. Qualifications For Office

    A. Given the representative, fiduciary, legal, and other long-range policy-making
       responsibilities and influence of student office holders, officers of the Associated
       Students have an obligation to demonstrate academic involvement, achievement, and
       progress.
    B. Officers and Candidates shall satisfy all eligibility requirements established by the
       Chancellor of the California State University.
    C. Officers must be enrolled and in good standing at the university, maintain a 2.0 grade
       point average (GPA) each semester, and must not be on probation of any kind.
       Undergraduate incumbents must earn 6 semester units per term while holding for office.
       Graduate and credential student candidates must earn 3 semester units per term while
       holding office. Undergraduate incumbents cannot hold more than 150 semester units or
       125 percent of the units required for a specific baccalaureate degree objective, whichever
       is greater. Graduate and credential incumbents cannot hold more than 50 semester units
       or 167 percent of the units required for the graduate or credential objective, whichever is
       greater. Students holding over that number will no longer be eligible for office.
   D. Requirements to Run for Office
      1. Candidate GPA
               a. Candidates for office must have an overall on-campus 2.0 grade point
                   average (GPA), must be in good standing, and must not be on probation of
                   any kind.
      2. Candidate Unit Load
               a. Undergraduate candidates for office must maintain 6 semester units per term
                   while running for office.
               b. Graduate and credential student candidates must maintain 3 semester units
                   per term while running for office.
      3. Candidate Residency
               a. Undergraduate candidates for office must have been enrolled at CSUMB and
                   have completed at least one semester prior to the election, earning a total of 6
                   semester units during that semester total or 12 semester units during their last
                   year as an undergraduate to be eligible.
               b. Graduate and credential candidates for office must earn 6 semester units per
                   term of continuous attendance as a new graduate or credential student to be
                   eligible.
               c. Graduate and credential students who received a bachelor's degree or
                   credential within the past three years from CSUMB must have earned a total
                   of 12 semester units during their last year as an undergraduate to be eligible.
      4. Maximum Allowable Units
               a. Candidates for office should be able to remain under the maximum allowable
                   units during the academic year in which they would hold the office if elected.
      5. Additional Requirements for Otter Student Union Chair
               a. The OSU Chair and candidates must also meet additional requirements as
                   stated in the OSU Bylaws. The OSU Chair and candidates must have a 2.5
                   grade point average and candidates must have served at least one semester on
                   an Otter Student Union Committee to be eligible.
   E. Eligibility of all candidates will be verified prior to the announcement of the official
      candidates.

Section 4. Declaring Candidacy

   A. “Declaration of Intent to Run for Office” forms shall be provided by the Associated
      Students’ Office and shall be available no less than thirty (30) days prior to the elections.
      If either of these dates should fall on a holiday, the following school day shall take the
      place of that date.
   B. The Declaration of Intent to Run for Office shall indicate the office sought along with a
      signed statement that the candidate has read the Election Code and Election Packet and is
      responsible for observing the provisions of the Election Code and other policies and
      procedures pertinent to the elections.
   C. Candidates shall also submit to the Election Committee a statement of 250 words or less
      outlining the candidate’s qualifications, goals, and platform pertaining to the position
      being sought. The candidate must submit their Candidate Statement per the elections
      packet deadlines. The Election Committee shall post Candidate Statements on First Class
      in the Candidate Statement Folder located in the Associated Students /Elections
      Conference, on the Associated Students website, and will make them available at the
      voting stations. The Candidate Statements will be listed in the same order as they are
      positioned on the ballot.
   D. A candidate may run for only one (1) office each election.
   E. The names of the official candidates shall be released to the public no more than one
      school day after the All-Candidates Meeting.
   F. To withdraw from the election, a candidate must submit a written notice of withdrawal to
      the Election Committee.
   G. If a candidate withdraws his/her Declaration of Intent to Run for Office, he/she may not
      submit another Declaration either for the same office or a different office.

Section 5. Campaigning

   A. An All-Candidates meeting shall take place after the deadline to submit the Declaration
      of Intent to Run for Office. Attendance by all candidates is mandatory unless a written
      proxy notice naming the individual who shall be serving as proxy is submitted to the
      Election Committee Chair prior to the meeting.
   B. Formal campaigning may occur during the period between the end of the All-Candidates
      meeting through the close of the elections.
   C. Formal campaigning is defined as the distribution, publication, or exhibition of any
      material advocating the candidacy of any individual or group of individuals. This does
      not prohibit, in any way, a candidate from speaking to groups or gatherings about their
      candidacy or responding to questions about their candidacy.
   D. The Election Committee will host a Candidate Forum giving all candidates a chance to
      state their platform. The date, location, and time of the forum will be stated in the
      election packet. Each candidate will have an equal amount of time to speak followed by
      an equal amount of time for questions and answers.
   E. Campaign Material
      1. No more than $75 (seventy-five) dollars worth of total campaign materials may be
           used. Monetary values for campaign materials will be assigned by market rate
           determined by the Election Committee.
      2. No supplies from any CSUMB office, department, or center shall be used to assist
           with campaigning including:
                a. Printers in any campus computer lab, the Library or Media Learning
                    Complex.
                b. Any copier, printer, and office supplies located in a university office.
      3. Candidates should keep receipts for photocopying and other campaign material.
           Receipts must be furnished upon request of the Election Committee. In the absence
           of a receipt, monetary values will be assigned for unaccounted campaign materials.
   F. Posting and Distributing of Campaign Material
      1. Campaigning in the residence halls or CSUMB apartments must adhere to guidelines
           set forth by Residential Life including:
                a. All postings in residence halls or CSUMB apartments require prior approval
                    from the Resident Director of that area.
                b. Flyers may not be put on resident doors without occupant’s permission.
      2. Campaign material may not be posted or distributed in any university office area.
      3. Campaign material may not be placed on any vehicle windshields.
      4. The Election Committee has the power to determine what is illegal or improper
           campaign material and the authority to remove any material deemed so.
      5. Campaign materials should be removed within five school days after the close of
           elections.
   G. Electronic campaigning may take place on First Class in Open Forum or the Free
      Campaign Folder located in the Associated Students /Elections Conference Folder. All
      students participating in electronic campaigning and/or dialogue are required to abide by
      the standards set forth in the Acceptable Use of Computing and Information Technology
       Resources policy. Bulk email (except to people who have requested it) is considered a
       violation of good network citizenship. Therefore, it is considered a violation of
       acceptable use to send substantially the same email message to more than 50 users.
    H. Influencing voters with money or other forms of bribery (i.e. alcohol, gifts, special
       privileges, non-sanctioned on-campus events for the purpose of advancing a candidacy) is
       prohibited.
    I. During election days, campaigning, distribution of materials, or display of posters by
       candidates or their supporters within 100 feet of a polling place is prohibited.
    J. In accordance with the laws of the State of California, support or endorsement of any AS
       candidate/slate by any faculty, staff, administrator, university department and/or
       university auxiliary is strictly prohibited. Examples include but are not limited to:
       1. Flyers being distributed or posted in university offices;
       2. Faculty, staff, or administrators speaking in support of any particular candidate
           and/or slate.

Section 6. Ballots

    A. Positions on the ballot shall be chosen by lottery at the All-Candidates meeting.
    B. The names of the candidates shall appear on the ballot as they appear on the Declaration
       of Intent to Run for Office.
    C. Ballots will be designed to support Instant Run-Off Voting.
    D. A sample ballot will be posted five (5) school days before the start of the election.
    E. Once the sample ballot has been posted there will be no changes to the ballot. All
       candidates’ names appearing on the sample ballot shall appear on the actual ballot.

Section 7. Voting

    A. Only current members of the Associated Students are eligible to vote in general or special
       elections, may only vote once during each election, and may cast only the allowed total
       number of votes for each position.
    B. All current members of the Associated Students are eligible to cast three (3) votes for
       Senator At-Large and one (1) vote all other positions on the ballot.
    C. Current members of the Associated Students may only vote for candidates listed on the
       ballot. Write-in votes are not allowed.
    D. Instant Run-Off Voting shall occur when there are more than two (2) candidates for a
       single position other than Senator At-Large. Voters will be asked to rank their candidates
       in order of preference, with one (1) being the highest
    E. Voting in general elections shall occur for a minimum of two (2) consecutive school days
       but no more than three (3) days. The Associated Students Senate will approve the dates
       and hours for the general elections.
    F. The Election Committee shall post a notice of elections two (2) weeks prior to the
       election in the Otter Realm, the Associated Students newsletter, Associated Students
       website, First Class General News, Open Forum, AS Conference, First Class What’s
       Happening, and the AS bulletin board.

Section 8. Ballot Counting and Results

    A. To win a position other than Senator At-Large, a candidate must receive a majority of the
       valid votes for that position. To win the position of Senator At-Large, a candidate must
       be among the top three (3) vote recipients.
   B. Instant Run-Off Voting shall occur when there are more than two (2) candidates for a
      single position other than Senator At-Large. Should no candidate receive over 50% of
      the vote, Instant Run-Off Voting shall take effect.
   C. The Election Committee will close the voting polls at the end of the voting period and
      will tally the votes. Reviewing the votes during the voting period is prohibited.
   D. The Election Committee shall announce and post the official results of the election by
      submitting the results to the Associated Students President, Associated Students Senate,
      and the Office of the President of the California State University, Monterey Bay no later
      than seventy-two (72) hours following the elections.
   E. Following the tabulation of ballots and posting of the official results, ballots shall be
      retained for thirty (30) days by the President of California State University, Monterey
      Bay or designee to the Election Committee after which time they will be destroyed.
   F. No part of this Election Code may be construed as to prevent the Senate from taking any
      action it deems necessary in order to ensure a fair and equitable election, as long as such
      action is requested no later than fourteen (14) days after the election results are
      announced.

Section 9. Complaints

   A. Complaints regarding election campaign procedures must be dated, signed, and submitted
      to the Election Committee Chair or the Office of Judicial Affairs no later than 5:00pm
      two (2) school days following the alleged violation. A complaint form will be made
      available on the Associated Students website.
   B. Complaints regarding any violations on election day must be submitted to the Election
      Committee Chair or the Office of Judicial Affairs no later than 5:00pm two (2) school
      days after the election.
   C. In the event of a major code violation complaint, the Election Committee Chair shall
      immediately inform all interested parties of the existence and nature of the complaint and
      the date and location of the hearing.
   D. A panel consisting of the Election Committee and the Judicial Affairs Officer shall hear
      each major code violation complaint and shall operate under the following rules and
      procedures in adjudicating the complaint:
      1. The panel shall determine the validity or nature of the alleged violation.
      2. The panel shall be dedicated to absolute fairness. The purpose of the hearing shall be
           to make an impartial decision based on the facts of the case.
      3. The person charged with a campaign violation shall have the right to appear before
           the panel during the hearing.
      4. The accuser and accused shall have equal amount of time during the hearing to state
           his/her case.
      5. The burden of proof is upon the person filing the complaint. The panel must be
           satisfied by a preponderance of evidence in order to render a decision against any
           person.
      6. Candidates may be held responsible for actions taken by their supporters.
      7. All interested parties may attend the hearing; however, they are considered guest of
           the panel and shall remain quiet and in no way interfere with the proceedings.
           Should any person violate this requirement, the Election Committee Chair may
           remove them from the hearing.
      8. Once a hearing has been completed, the panel shall deliberate in private and make its
           decision. The panel shall conclude its deliberations and post its decisions within
           twenty-four (24) hours of the conclusion of the hearing. The Election Committee
           Chair shall notify the AS President, the AS Senate, and all parties involved of the
           decision.
   E. Records of all complaints and hearings shall be kept in the Office of Judicial Affairs for
      thirty (30) days.

Section 10. Penalties

   A. Minor violations shall result in an official reprimand. Corrective action by the candidate
      shall be taken within twenty-four (24) hours of notification by the Election Committee
      Chair. Three (3) such reprimands may result in a candidate’s disqualification.
   B. Disqualification may occur upon proof of any of the following violations, which shall be
      considered as major code violations:
      1. Willful and intentional violation of the Election Code and election procedures by the
          candidate or their supporters; and/or,
      2. Willful destruction or defacement of another candidate’s campaign materials by the
          candidate or their supporters and or;
      3. Slander or libel by the candidate or their supporters against a candidate and or;
      4. Malicious actions by the candidate or their supporters against a candidate.
   C. The Election Committee may also refer a violation to the Office of Judicial Affairs for
      possible disciplinary action.
   Decisions of the Election Committee may be appealed to the President of California State
      University, or designee. Appeals shall be submitted in writing no later than two (2)
      school days after the announcement of the decision.