Cuesta College Student Life & Leadership: ASCC Bylaws

Election Code Bylaws

  1. The Elections Committee and its Powers
    1. The Elections Committee
      1. The bylaws for elections shall be known as the Election Code bylaws, also referred to as ECBL, and shall govern all election matters of the ASCC.
      2. The purpose of the ECBL shall be vested in an Elections Committee.
      3. The Elections Committee shall serve as the governing body over all general and special elections but is answerable to the Senate and Executive Cabinet for all breeches in procedures.
      4. The Student Life & Leadership staff must remain impartial parties.
      5. The Elections Committee members shall not participate in any campaign.
    2. The Powers of the Elections Committee
      1. The power to enforce these bylaws shall be vested in an Elections Committee.
      2. The Elections Director/Chair will form an Elections Committee with the approval of Senate, consisting of members who are not candidates for any official ASCC office. The Elections Committee shall be selected each school year on or before the fifth Senate meeting of the year.
      3. The Elections Committee shall review the application of each candidate and submit a list of qualifying applicants for publication at least four (4) class days prior to the election.
      4. The Elections Committee shall verify signatures and social security numbers on each petition and application.
      5. The Elections Committee shall hold a campaigning procedure meeting [Candidates Meeting] for all candidates.
      6. The Elections Committee shall appoint or employ a sufficient number of impartial students to operate the polls for the election.
      7. The Elections Committee shall arrange for the preparation of the official ballots.
      8. The Elections Committee shall hear complaints regarding the election and shall take action(s) and notify Senate of said action(s). The Judicial Council may receive a copy of the complaint and may take further action if necessary.
  2. The Process of Candidate Qualification
    1. ASCC Constitutional Requirements of Candidates
      1. Candidates in the General Election shall qualify for candidacy by establishing the requirements as stated in Article III, Section I, Section 2, Section 3, Section 10, and Section 11, as stated in the ASCC Constitution.
      2. All Executive Cabinet candidates must meet the qualifications, duties, and responsibilities as outlined in the ASCC Constitution and bylaws.
      3. Candidates for ASCC President/Student Trustee and ASCC Vice President shall be registered voters of San Luis Obispo County per Board Policy R1034, and per ASCC Executive Cabinet Job Description Bylaws. Proof of registered voter status must be presented when candidates submit their petition packets.
    2. Petition Packets
      1. Each candidate for an elective office shall file a petition with the Student Life & Leadership Office. Only students with a petition on file are eligible to be placed on the ballot after an eligibility check has been made and approved.
      2. The candidate petition packets and applications will be available by the first Monday in March.
      3. The petition shall include the signatures of at least 75 currently enrolled Cuesta College students.
      4. Candidates may change their candidacy to that of another office no later than the last day to file petitions, and only if they obtain at least 75 signatures, on a new petition, for that office to which their candidacy is being changed.
      5. The petition must be filed by noon of the school day preceding the Candidates Meeting.
    3. Review of Petition Packets
      1. No official campaigning may be done until the nomination has been reviewed and accepted by the Elections Committee, and the candidate has attended the Candidates Meeting.
  3. Campaigning and the General Election
    1. Candidates Meeting
      1. Candidates Meeting [Campaign Procedure Meeting] will be held by the third Monday in March. Reservations for signboards shall occur at this time.
    2. Campaigning
      1. A campaign shall be defined as All the things and necessary legal and factual acts done by a candidate and his/her adherents to obtain a majority or plurality of the votes to be cast, Black's Law Dictionary Sixth Edition, 1990.
      2. Campaigning is defined as any posters or paraphernalia posted on the Cuesta College campus.
      3. Students may make classroom presentations only when the focus is about getting involved and voting, not about their specific candidacy.
      4. Online campaigning is permitted provided the candidate has submitted a written document declaring his/her intent to do so. The document is to include the following: the web address to be used; a description of the online content; and the dates that this information will be available online. This written document is to be given to the Student Life & Leadership office when the candidate submits her/his application materials. No online campaigning is allowed before the conclusion of the Candidates Meeting.
      5. All posters and/or paraphernalia must be approved by the Student Life & Leadership Office and must have the appropriate stamp visibly displayed on posters, flyers, and signboards.
      6. No campaigning will be allowed within approximately 100 feet of the polls. No campaigning signs are to be posted within approximately 100 feet of the polls. It is at the discretion of the Elections Director/Chair to determine the no campaign zone marked boundaries.
      7. The act of campaigning may begin after the Candidates Meeting.
      8. Presidential and Vice Presidential candidates may campaign as a ticket. However, their names will be listed separately on the ballot.
    3. The Candidates Forum
      1. Nominees for the elected Associated Students offices shall be allowed to make a campaign speech at a Candidates Forum.
      2. The Elections Committee shall set a time and date for the Candidates Forums.
      3. The Candidates Forum will be held within the week prior to the General Election.
      4. During the Candidates Forum, each candidate will be allowed a maximum of seven minutes to speak.
      5. Candidates may have one other student speak before and/or in place of the candidate.
      6. The Elections Director/Chair or designee shall preside at the Candidates Forum.
    4. The General Election
      1. These procedures shall govern the operation of all ASCC elections.
      2. A general election is that in which candidates for Associated Student offices are elected.
      3. Should any of these dates fall on a holiday [Candidates Meeting, Candidates Forum, or date of Elections], alternate dates shall be selected by the Elections Committee.
      4. The General Election shall be held during the third complete week in April. The days and hours of elections shall be set by the Elections Committee such that ALL Cuesta students will be afforded an equal opportunity to cast their vote. These hours must be posted at least two weeks prior to the election.
      5. Candidates shall be held responsible for the actions of their campaign staff/volunteers.
      6. Each candidate must submit the names of his/her campaign staff/volunteers to the Elections Committee. The campaign staff/volunteer list shall be submitted on behalf of their candidate prior to campaigning.
      7. Each candidate is expected to submit a campaign staff/volunteer list to the Elections Committee.
      8. Stickers may not be applied to school property, nor may anyone deface public/school property.
      9. Undocumented off-campus campaigning is strictly forbidden.
      10. Campus grounds are defined as all grounds within the fenced boundaries of Cuesta College.
      11. No campaigning will be allowed within approximately 100 feet of the polls. No campaigning signs are to be posted within approximately 100 feet of the polls. It is at the discretion of the Elections Director/Chair to determine the no campaign zone marked boundaries.
      12. There will be no campaigning the days of the election within 100 feet of the polls.
      13. The use of public address systems (bullhorns, microphones, etc.) is not allowed except those provided at the Candidates Forum and those used in an ASCC-approved event.
      14. The Elections Committee will provide campaign materials on an equal basis.
      15. All candidates will have the opportunity to use ASCC or district-owned materials/resources for the purpose of campaigning at a cost established by the ASCC.
      16. All campaign material must be taken down and cleaned up by campaign committees within 24 hours of the closing of the polls. The only exception is in the case of a tie or run-off, and only then those involved are allowed to leave materials posted until 24 hours after poll closure for the tie/run-off race. It is the responsibility of the Elections Committee to make sure all campaign materials have been removed.
      17. No more than $150, including contributions, gifts, and services rendered, may be spent for one campaign per candidate. The value used for the above shall be that of present retail value, with volunteer labor excepted; the price ceiling will be adjusted annually to reflect the change in the consumer price index. The Elections Committee must approve the campaign-spending amount prior to packet availability.
      18. All candidates, or their campaign managers, must file in writing to the Elections Committee, within two weeks after the election, a detailed report of their campaign expenses.
      19. Said funds shall be subject to audit, and receipts for all expenditures shall be provided by the candidates no later than 3 weeks after said election.
    5. Voting Procedures
      1. These procedures shall govern voting in all elections.
      2. The Elections Committee shall designate the legal ballot.
      3. No write-ins or proxy voting will be allowed.
      4. Defaced or improperly marked ballots shall be considered voided or disqualified.
      5. Any duly enrolled Cuesta College student shall be eligible to cast one ballot for each office, Constitutional Amendment, or Referendum issue at each election.
      6. All elections shall be by secret ballot.
      7. Candidates' names shall be listed on the ballot in the order in which the petitions are returned for each individual office (first received, first on the ballot) in the following manner: last name, first name, middle initial, and nickname (space permitting on ballot).
        1. Presidential candidates shall be listed first; Vice Presidential candidates shall be listed second.
      8. Candidates running for reelection shall have incumbent placed with their names.
      9. At the end of each Election Day, the Elections Director/Chair (or designee) and the ASCC Advisor (or designee) shall count the total number of ballots cast and subsequently deposit the ballots in a safe.
      10. Ballots will be locked up daily and counted as soon as possible after the closing of the polls. The ballots shall be placed in the safe. After two weeks, the ballots will be destroyed.
      11. On the final day of elections, the Elections Director/Chair (or designee), with a Cuesta College Public Safety Officer, will collect both the remaining ballots from that day and the ballots residing in the safe. At this point, the ballots will be examined for invalid or void ballots and a summation of the total number of ballots will be performed by the Elections Committee, along with the ASCC Advisor, as well as available Student Life & Leadership Office staff.
      12. After the void or disqualified ballots have been removed and a total count assigned, the Elections Director/Chair (or designee) and the ASCC Advisor will proceed, in the presence of a Cuesta College Public Safety Officer, to feed the ballots into the designated Scantron machine.
      13. The entire vote tabulation process is open to the public at large with the understanding that no ballots may be touched by anyone but the above mentions individuals.
      14. The Elections Committee shall count the ballots at a time and a place designated by the committee and set prior to the elections.
      15. The winner of the General Election must receive the greatest number of legal votes cast. Furthermore, the winning number of votes must constitute at least twenty-five percent (25%) of the total number of legal votes cast for any particular office.
      16. If only one candidate is running for the General Election, the position shall be considered vacant if the candidate does not receive at least twenty-five percent (25%) of the total number of legal votes cast.
      17. In the case of a tie and in the case that the candidate receiving the most votes does not obtain at least twenty-five percent (25%) of the total number of legal votes cast, then a run-off election shall be held between the two top contending candidates.
      18. In the case of a declared tie in the General election, a run-off election shall be held. [See Article IV.]
    6. Ratification of Election Results
      1. The Elections Committee shall send to the Vice President of Student Services and the President of the College within twenty-four hours after the election the names of the elected candidates and their respective offices, along with only a blank ballot with the votes cast for each candidate.
      2. The Elections Committee shall file the final results with the total number of ballots cast for two weeks after the election.
      3. The Elections Committee shall publish the preliminary results of the election.
      4. The Elections Committee shall present the results of the elections at the Senate meeting for final acceptance at the next meeting.
      5. The final Scantron Answer Sheet shall be the official tally sheet. From the official tally sheet, election results (including name, position for which the candidate is running, and number of votes received by each candidate) shall be posted. If a problem arises with the use or availability of the Scantron machine, the ballots will be counted by hand.
      6. Election results will be posted at the Student Life & Leadership Office and shall include the amount of votes cast for each ballot candidate or issue.
      7. All candidates have the right to demand a recount of ballots within 48 hours of initially counting of the ballots.
      8. In the event that the results of an election are challenged, the Judicial Council will act as the final arbitrator. In the event that there is no standing Judicial Council, Senate shall act as the final arbitrator.
      9. Newly elected officers will be required to attend Senate meetings and become familiar with their office until sworn in.
      10. Newly elected officers will take office the last Senate meeting of the spring semester.
  4. Run-off and Special Elections
    1. Run-Off Elections
      1. Candidates in a run-off may spend an additional 1/3 (one-third) of the amount approved for the election.
      2. The run-off election shall be held the week following the General Election. Publicity for the General Election must also indicate times and dates of a potential run-off election.
      3. In case of a declared tie in the run-off election, then the Senate by a two-thirds (2/3) vote shall determine the winner. The candidates will be selected in the following manner:
        1. By secret ballot, the Senate shall vote; the candidate receiving a two-thirds (2/3) majority shall be declared elected.
        2. The Senate shall then recommend to the ASCC President/Student Trustee that the other candidates be appointed to the first vacancies that occur.
    2. Special Elections
      1. Special elections shall comply with all election regulations and meet all requirements for a general election.
      2. A special election is that in which the Student Senate announces an election for purposes other than an elected office.
      3. The Senate shall call special elections when authorized by a two-thirds (2/3) majority vote of the Senate.
      4. Special elections shall be held when needed after authorized for an election. The election must be announced at least 72 hours in advance.
      5. In the event of a special election, the winning number of votes must constitute at least fifty percent plus one (50% plus 1) of the total number of legal votes for each issue/amendment/constitutional amendment.
  5. Campaign Misconduct, Disqualification, and Grievance Procedures
    1. Campaign Misconduct, Disqualification, and Grievance Procedures
      1. It shall be the duty of the Elections Director/Chair to regulate the campaigning and to disqualify any candidate found by the Elections Committee to be in violation of any rules or regulations of the Associated Students.
      2. Campaign misconduct by any candidate/campaign staff/volunteer(s) is grounds for disqualification based on the evidence presented to the Elections Committee. The Elections Committee will determine whether evidence presented is grounds for disqualification of the candidate.
      3. Based on the evidence presented, slander and vandalizing campaign material are grounds for disqualification.
      4. If a candidate is found to have spent more than the approved amount, or has filed a false statement of expenses, this shall be sufficient grounds for either disqualification or, if the candidate is removed from office under this section, the provisions of Article V, Section 3 shall apply.
      5. In order to disqualify a candidate, at least two witnesses must view the same incident(s), and:
        1. Submit, in writing, a statement describing the details of the incident(s). The statement must cite the name(s) of the individual(s) involved as well as the time and place in which the infraction(s) occurred.
        2. The individual(s) implicated in the infraction have the right to respond, in writing, to the allegations.
        3. The Elections Committee must hold a formal hearing chaired by the Elections Director/Chair in which at least two witnesses testify to the alleged infractions. If fewer than two witnesses testify, then the case will be dismissed accordingly.
        4. The defendants have the right to respond to the allegations; they may also call witnesses to substantiate their case.
          1. No one from the audience, who is not testifying, will be allowed to speak.
        5. The Elections Committee must decide unanimously that the evidence is sufficient to disqualify the candidate of question. If the decision is not unanimous, the case will be dismissed.
        6. The Elections Committee must decide unanimously that the evidence is sufficient to disqualify the candidate of question. If the decision is not unanimous, the case will be dismissed.
      6. Any candidate disqualified may appeal the decision of the Elections Committee to the Judicial Council within three (3) working days after the decision of the Elections Director. A three-fifths (3/5) vote of the Judicial Council members voting shall reinstate the candidate. In the event there is no standing Judicial Council, Senate shall hear and take appropriate action, by a two-thirds (2/3)-majority vote.
      7. If a candidate is disqualified and then reinstated, after the election the ASCC President/Student Trustee shall declare the election for the office void and a special election shall be held within 10 days after reinstatement or within the first three weeks of the fall semester.
      8. The Elections Director/Chair shall inform the ASCC President and the Judicial Council, in writing, of any protest of violations by any student to the Elections Committee within twenty-four (24) hours after the protest has been made.
Ratified by Student Senate 11/17/96
Amendments ratified by Student Senate March 20, 1997.
Amendments ratified by Student Senate February 10, 1999.
Amendments ratified by Student Senate March 6, 2003.
Amendments ratified by Student Senate February 19, 2004.