College Council Elections Code

As amended by the 52nd College Council, February 27, 2008

ARTICLE I - THE ELECTIONS BOARD

SECTION 1 – Membership

1. The Elections Board shall consist of a Chair and at least three other members
1. All members must be eligible to be candidates in elections held under this code pursuant to Article II Section 2 of this code and suspend their eligibility to run in any concurrent divisional or university-wide elections.
2. All members of the College Council Executive Board who are not candidates in an election held under this code shall serve as ex-officio members.
3. No members of the College Council or SGA legislatures may serve on the board.

SECTION 2 - Powers, Responsibilities and Restrictions

1. The Elections Board Chair must:
1. Be appointed by the President and confirmed by legislation.
2. Organize and administer all elections held under this Code, and thereby

a.        Appoint the rest of the board with the approval of the majority of the College Council executive board.

b.       Organize and preside over all candidate and board meetings inclusive of challenges.

c.        Serve as spokesperson for the board in all official purposes, including the announcement of election results.

d.       Arrange sufficient publicity for all elements of the election process including candidate meetings, polling stations, election days and registration deadlines at least one week in advance.

e.        Safely hold all candidate bonds and administer all funds for the election as provided by the Executive Board.

f.         Hold sufficient office hours in the College Council office during the election process.

g.       Generate the ballot and ensure the staffing of polling stations during the election.

h.       Present the results of the election to the College Council legislature at the next legislative session.

i.         Recommend, at the completion of the election, any and all amendments deemed necessary and appropriate on behalf of the board.

1. Attend College Council legislative meetings at the request of the president or legislature.
2. Have all powers, responsibilities and restrictions of general members of the elections board.
3. Enforce all rules and regulations outlined in this Code.

a.        The Elections Board shall have the power to interpret the meaning of all rules and regulations contained within this Elections Code in a reasonable fashion.

b.       Decisions of intra-board conflicts shall be determined by majority vote of the board.

c.        If a vote is held and the outcome is not unanimous, the Elections Board shall notify the College Council President and Legislature of the decision in writing, including the rationale of both majority and dissenting opinions.

SECTION 3 – Resignation

1. Should the elections board chair resign in the period between a general body meeting and an election, the President shall appoint a new chair by unanimous vote of the executive board.

1.        All members of the executive board, regardless of candidate status, must vote.

1. If a member other than the chair resigns, the elections board chair, president, and vice-president shall unanimously appoint a replacement.

SECTION 4 - Jurisdiction

1. The Board shall be responsible for the election of the President, Vice president, Secretary, and class representatives to the College Council as well as College representatives to the Student Government Association.

ARTICLE II - THE VOTING PROCEDURE AND ELECTIONS PROCESS

SECTION  1 – Dates

1. The College Council elections and run-offs shall be held within the month of April and be coordinated with the SGA university-wide elections when possible.
2. Freshmen elections shall be held before October 1.

SECTION 2 – Qualifications

1. All candidates in any election held under this Code must sign an affidavit attesting to their qualifications to run and empowering appropriate employees of the university to confirm this status. They must:

1.        Be enrolled in Emory College and intend on remaining enrolled for the duration of their term.

2.        Have a cumulative grade point average of 2.5 or higher.

3.        Be free of Honor Code convictions throughout their time at Emory.

4.        Be free of Conduct Council sanctions within the last 12 months.

1. No candidate in any election held under this code may:
1. Simultaneously run for both an executive and representative position.
2. Simultaneously run for both a College Council and university-wide position.
2. Candidates for the positions of President or Vice-President of the College Council may not simultaneously serve as the President or Vice-President of any perpetually chartered organization and must resign as President or Vice-President of the perpetually chartered organization upon election.

SECTION 3 – Registration

1. All candidates in any election held under this Code shall:
1. Complete, sign, and return a registration form provided by the Board.  This form shall include, but is not limited to, contact information and certification of receipt of a copy of this Code.
2. Submit a bond of $50.00 to the Chair.  The bonds shall be returned to the candidates within a week following an election after it has been determined that all rules and regulations of this code have been followed by the candidates.
2. By registering, the candidate agrees to abide by all rules and regulations of this Code and adhere to any decisions of the Board.

C.       Any otherwise eligible student may be a write-in candidate, but may only solicit votes verbally.

SECTION 4 - Mandatory Meetings

1. The Chair shall hold one mandatory meeting for all candidates as follows:

1.        This meeting shall be informative.  The president, Chair, and all Board members shall attend.

a.        This meeting shall be held no more than five (5) days and no less than one day prior to the start of campaigning.

b.       The president and/or other appropriate parties shall explain the powers and responsibilities of all positions available.

c.        The Chair shall explain generally the election procedure, the registration process, and the bond.

d.       The President and the Board shall field any questions at this time.

2.        The meeting shall be for candidate registration and an official reading of all election rules and regulations.  The President, Chair and all Board members shall attend.

a.        The Chair shall read through Article IV, Sections 1 and 2, and Article V of this Code for all to hear.

b.       The Board shall distribute and collect registration forms, bonds, and Honor and Conduct Council affidavits. 

c.        Any student without all required registration items may not be a candidate unless the Chair deems there were extenuating and compelling circumstances.

d.       A copy of this Code shall be provided for all candidates.

1. The Chair may call additional candidate meetings as necessary, and may elect to make them mandatory.
2. Any candidate unable to attend a mandatory meeting may send a representative subject to the following:

1.        The student must inform the Chair in advance and submit the name of the representative.

2.        No candidate may simultaneously act as a representative of another candidate.

3.        A representative may only represent one candidate.

1. If no candidate registers to run for the position of College Council President, Vice President, or Secretary, the registered candidates may decide to change their candidacy.

SECTION 5 – Ballot

1. Ballots must be approved by the Elections Board Chair.

1.        Candidate name order on the ballot shall randomly be determined at a public drawing.

2.        There shall be a blank space under each position on the ballot for a Write-In candidate.

a.        In the case that a candidate runs unopposed for a position, there shall be a space on the ballot for a no-confidence vote.

b.       If an unopposed candidate receives more no-confidence votes than confidence votes, the candidate shall not be elected.

3.        All ballots shall be electronic, and shall be accessed using one’s individual OPUS username and password.

1. From the time the election begins, balloting shall be regulated by the following guidelines:
1. Balloting results shall be tabulated electronically.
2. Partially filled out ballots shall be counted.
3. Any misspelled names or variation in spelling in write-in votes shall be counted and the identity of the misspelling shall be determined by the chair.
4. Should there be ballots with conflicting votes, those ballots shall be discarded.
5. After receiving the results, a majority of the Elections Board must vote to give temporary certification of the results, pending appeal, and then make them public.
6. Upon temporary certification, the elections chair shall sign and release all election results, including write-in results
7. The Elections Chair shall retain all balloting records until the appeals process is complete.

SECTION 6—Polling and voting procedure

1. A pre-approved e-mail will be sent the morning of the election by the Elections Chair to all college students to ensure all are aware of the election.
2. While in the act of voting, no one may attempt to influence the voter into voting for specific candidates.
3. Voter assistance stations will be available on the day of elections at Cox Hall computing lab. These voter assistance stations will be staffed by a member of the elections board.
4. The ballot shall be open from 8AM to 8PM on Election Day.
5. No campaigning may be conducted during Election Day.  Pre-existing campaign materials may remain standing during Election Day.

SECTION 7- Contingency Voting Procedure.

1. If it appears probable that online elections will be impossible to carry out during a particular elections cycle for technical reasons, or that University Technology will be unable to provide the College Council with the assistance necessary to conduct online elections, the Elections Board Chair will have paper ballots created immediately.
2. Polling hours can be extended at the discretion of the elections board chair shall take place at Cox Hall and shall be monitored by the elections board.
3. EmoryCards shall be required as identification; the student ID numbers shall be taken to ensure no students are voting twice.
4. The time constraints on counting ballots shall be extended.

SECTION 8- Elected Positions

1. The elected Executive Board positions are President, Vice-President, and Secretary.
2. The Legislature:

1. The 4 Freshman representatives will be elected in the fall semester before October 1^st.
2. The 4 Sophomore representatives will be elected during the spring elections.
3. Junior Representatives:

                                                               i.            4 legislators will be elected during the April Elections.

                                                              ii.            1 legislator will be elected in an election conducted by the Oxford SGA during the spring elections.

1. Senior Representatives:  The 5 Senior Representatives will be elected during the spring elections.
2. The College Council Representatives from the Business and Nursing Schools shall be selected by their respective divisions and are made independently of the College Council legislature.

SECTION 9 - Criteria for Election

1. The criteria for election to the office of president, vice president, or secretary shall be as follows
1. Any candidate receiving a majority (50%+1) of the votes shall be elected to that office.
2. "No confidence" shall count as a candidate when counting ballots.
3. In the event that no single candidate receives a majority (50%+1) of the votes, the two candidates receiving the highest number of votes shall be placed on a ballot for a run-off election.

                                                               i.            A date for run-off elections shall be set in advance by the President and Elections board chair and shall not take place more than one week after the original election.

                                                              ii.            Run-off elections shall be held consistent with Article II Sections 5, 6, 7, and 8 of this code.

1. In the event that "no confidence" receives a majority of the vote in any election, the ballot shall be reopened and another election held for the position. The elections chair shall announce a registration and info session. The new election shall take place no sooner than one week after the original.

a.        Campaigning for the new election shall take place for five days, and any necessary run-offs for the new election shall take place at least two days thereafter.

b.       Unless noted otherwise, these elections shall be held consistent with Article II Sections 5, 6, 7, and 8.

1. The criteria for election to the office of class representative to the College Council legislature and college representative to the Student Government Association shall be as follows:

1.        The top vote getters shall be elected as the number of spots in the election allows.

2.        "No confidence" shall not be on the ballot for legislative positions.

3.        In the event that two or more candidates in a particular class are tied for the final position, there shall be a run-off election held amongst those candidates for that position.

a.        The candidate receiving a majority (50%+1) of the highest number of votes in that run-off election shall be elected to that office.

b.       In case of a tie in the run-off election, there shall be another run-off election held within three school days of the previous run-off election.

4.        A threshold of 50 votes must be received for all write in candidates prior to certification by the elections board.

ARTICLE III - SUFFRAGE

SECTION 1 - Eligible Voters

1. Only students enrolled in Emory College at the time of the election may vote.
2. In the event that a student has more credit hours than their academic year would suggest, they may vote in either election for class representatives, and shall contact the elections board to allow this to occur.

ARTICLE IV - CAMPAIGNING

SECTION 1 - Duration

1. Campaigning shall begin at 12:01 AM ten days before Election Day and end at 11:59 PM, the day before Election Day.
2. Election Day shall be scheduled after spring break for the last Thursday in March or the first Thursday in April.
1. The Election Board shall have the authority to move the Election Day to the second Thursday in April should religious holidays require.
2. Runoff elections shall be held on the following Monday.
3. Any campaigning taking place outside of this time period shall be grounds for penalty up to and including disqualification.

C.       Absolutely no campaigning is allowed on Election Day or while the ballot is open for voting. Pre-existing campaign materials may remain standing during Election Day.

SECTION 2 - Campaign Methods

1. Campaign methods shall be restricted to the following:
1. Verbal solicitation of votes
2. Speaking at gatherings with the prior consent of the organizer.
3. Distribution of flyers or other campaign paraphernalia, all of which must be stamped by a member of the elections board and filed for records prior to duplication and distribution. Each piece of paraphernalia must be numbered individually by the candidate.
4. No campaign paraphernalia shall be posted in academic buildings, libraries, outdoor areas, or Cox Hall, with the exception of outdoor kiosks. Outdoor kiosks shall be permissible places for campaign advertising.
5. No candidate may solicit votes in a classroom during a scheduled class period.
6. All posted paraphernalia must be posted with the permission of the owner or manager of the space where it is posted.
7. Any semi-permanent hanging larger than a standard 8.5” X 11” paper shall be defined as a banner.

                                                               i.            Each candidate shall be allowed two banners within the Dobbs University Center.

1. Any semi-permanent hanging smaller or equal in size to a standard 8.5” X 11” paper shall be defined as a flyer.

                                                               i.            Each candidate may post one flyer to each public bulletin board.

                                                              ii.            The placing of flyers under or on residence hall doors without the permission of one of the room’s occupants shall be grounds for penalty up to and including disqualification.

1. The use of the internet shall be governed according to the following prescriptions:

                                                               i.            The proprietor of a pre-existing e-mail or voice-mail distribution list may give permission for a candidate to send a campaign message through that distribution list.

                                                              ii.            Groups on Facebook.com or similar websites in support of a candidate may be created, but no online activity related to the campaign shall be allowed by the candidate on the day of the election. Pre-existing campaign materials, however, shall be allowed to remain standing on election day.

                                                            iii.            The creation of an external website for the candidate may be allowed.

                                                            iv.            All campaigning on public spaces on the internet is subject to the approval of the election board.

1. Statements regarding other candidates: Candidates are allowed to make statements against other candidates, but they must remain within the confines of truthfulness and honesty in all statements

a.        Statements must be restricted to College Council matters and must be objective. Ad hominem attacks are strictly forbidden.

b.       Personal attacks are expressly forbidden, and it will be up to the discretion of the Election Board to determine whether or not comments are in fact inappropriate.

1. All candidates shall be held accountable for the actions of those persons and organizations acting as campaign surrogates, as deemed by the elections board.
1. The following methods of campaigning are strictly forbidden and shall be grounds for penalty up to and including disqualification:
1. Campaigning on the day of the election.
2. The use of sidewalk chalk.
3. The use of stickers.
4. The use of the Emory post office in any manner.
5. The posting or display of campaign materials within the local non-Emory community.
6. Paid advertising in a student or non-student publication, including the Wheel.
7. Posting campaign materials on top of another candidate’s materials.
8. Sending e-mail or voice-mail to groups of students not personally known by the candidate unless per unless prior permission is received from the moderator of the distribution list or conference.
9. Sending emails over any "all-student" or "all-college" distribution lists under any circumstances.
10. The use of joint campaigning or running mates which may include but is not limited to joint campaign literature or activities that may create a party ticket or party campaign.
11. The posting of campaign materials within eyeshot of a voting assistance booth.
12. When campaigning on LearnLink or electronic email, all official election emails must be approved by the elections board and by the appropriate conference controller.
13. Any method not specifically outlined in Article IV, Section 2, Part A, unless express permission of the Chair is given in advance.
2. The Board shall govern/limit all virtual campaign space including but not limited to LearnLink, Facebook, and  Myspace according to the election rules and regulations.
3. All campaigning shall be subject to all University policies and regulations put forth in the Honor and Conduct Codes.

SECTION 3 - Candidate Debate

1. If during the first 48 hours of campaigning one of the candidates for executive office requests to have a debate, the chair shall organize and preside at a debate held for that office.

1.        This debate shall, if possible, be held in conjunction with any university-wide candidate debate.

2.        Each candidate will be given equal time to speak followed by a reasonable time of question and answer from the audience as determined by the chair.

1. Candidates for representative positions may be allowed to speak if time allows.
2. Freshmen elections shall not hold a debate.

SECTION 4 - Expenses

1. There shall be a spending limit of $100.00 for candidates for executive office.
2. There shall be a spending limit of $50.00 for candidates for representative office.
3. Spending over the proscribed limit shall be grounds for penalty up to and including disqualification.
4. A full itemized account of expenditures, including supporting receipts and estimates, must be filed with the Chair prior to end of the campaigning period subject to the following guidelines:
1. Must include the name of the candidate and the intended position.
2. All donations of money, goods, or services must be included and shall be added to the total.  Estimates shall be based on local businesses.
3. All previously owned goods or materials must be included and shall be added to the total.  Estimates shall be based on local businesses.
4. Spending in excess of the allotted limit or submitting inaccurate or unreasonable accounts shall be considered a violation of this Code.
5. The elections results will not be officially released until all candidates have returned expenditure reports.

SECTION 5 - Clean-up

1. All candidates in any election held under this code shall be responsible for the removal of all campaign materials from the campus within forty-eight (48) hours following the election.
2. The candidate bond shall be returned only after the campus has been inspected by the Chair and declared reasonably clean.

SECTION 6 - Campus Organizations.

1. Any organization chartered by the College Council may campaign on behalf of a candidate or candidates with the following:
1. No student activity fee funds may be used for the express purpose of campaigning.
2. Any campaigning must have the prior consent of the candidate the organization is naming, and all expenditures of the organization must be included on the candidate’s accounts to be added to the total.

a.        Failure to gain prior consent of the candidate shall result in penalties against the initiating organization including, but not limited to, the freezing of funds, fines, or loss of charter.

1. The Code nor the Board is responsible for the actions of The Wheel in regards to the election. 

SECTION 7 - Campaigning in Run-Off Elections

1. A mandatory run-off candidate meeting shall be held within twenty-four (24) hours of the official announcement of results from the originating election. The entirety of Article V, Section 7 shall be read at this time by the Chair.
2. Campaigning shall begin directly following the candidate meeting, and be subject to all camping guidelines in Article V, Sections 2, 5, and 6 of this Code.
3. The bond or all run-off election candidates shall be held from the originating election.
4. There shall be a spending limit of $50.00 for executive positions in a run-off election.
5. There shall be a spending limit of $25.00 for representative positions in a run-off election.
6. Expenditures must be filed as outlined in Article V, Section 4, Part D.

ARTICLE V - CHALLENGES

SECTION 1 - Eligibility

A.      Any student may challenge any election in which said student was eligible to vote.

B.       Any member of the elections board may challenge any election, including the ballots of representatives outside their class.

SECTION 2 - Basis for a Challenge

A.      A challenge may be issued against any element of the election based on the following:

1.        Violation of this Code, the constitution or the standing rules of the College Council.

2.        Violation of University policy, the Honor Code, or Conduct Code.

3.        Commission of fraud.  Fraud shall include, but is not limited to, voting under false pretense, logging into a computer under false identity, the monitoring or tampering with another user's account, the reading, copying, changing, submitting, or tampering with another voter’s ballot, the destruction or defacement of the campaign materials of another candidate, attempting to unduly influence election officials, and misrepresentation to the Board.

SECTION 3 - Challenging a Candidate

A.      The challenger must present, in writing, a formal challenge to the Chair within forty-eight (48) hours of the closing of the polls of the election in question.

B.       The Elections Chair will investigate all challenges.

C.       All challenge hearings shall be open to the public.

D.      The following shall be the procedure of hearing a challenge against a candidate, henceforth referred to as the defendant:

1.        The Chair shall immediately notify the defendant that a challenge has been filed.

2.        At least three-fourths (3/4) of the Board must be present to hear the challenge.

3.        If a member of the Board is the challenger, that board member shall have ex-officio status for the duration of the hearing.

4.        The Board shall hear a statement first from the challenger followed by questions for the challenger.  Anyone present may question the challenger.

5.        The Board shall then hear a statement from the defendant followed by questions for the defendant. Anyone present may question the defendant.

6.        The challenger may then make a final short summation, followed immediately by a short summation from the defendant.

7.        The Board shall then meet in private to render a decision, and if necessary the appropriate penalty.

                                                               i.      The decision of the Board shall be made within forty-eight (48) hours of the hearing.

                                                              ii.      For a decision to be reached, the decision shall require a majority (50% + 1) vote of all voting members of the Board.  Ex-officio members may not vote.

                                                            iii.      Board members may use this time to conduct their own investigation of the challenge.

8.        The Chair shall inform the parties involved of the decision of the Board before making any public statement on the matter.

E.       Either party may appeal in the form of legislation the decision of the Board to College Council based on infractions of this Code, the constitution or the standing rules.

SECTION 4 - Challenging the Board

A.      A defendant who wishes to appeal the decision of the board may do so by legislative act, and shall henceforth be known as the appellant.

B.       Appeals shall be procedural in nature. A defendant may not challenge the outcome itself.

C.       In the event of a challenge, contrary to standard Roberts Rules procedure, the defendant shall make a 2 minute statement, followed by a 2 minute rebuttal by the Elections Board Chair; the College Council legislature shall then proceed with questions for both the bill author and Chair, debate, and shall then vote.

D.      Any evidence unavailable to the elections board during the decision making process may be introduced.

E.       The College Council legislature shall have the ability to impart any penalties they see fit, including overturning the election.

F.       This appeal must be made at the first legislative session immediately following the election in question.

ARTICLE VI - PENALTIES

SECTION 1 - Infractions

A.      If a challenged party is found guilty, the Elections Board shall immediately order at least one of the following penalties:

1.        Formal reprimand made public in The Wheel, including a description of what rules the offending party or its surrogates violated.

2.        Forfeiture of all or part of the fifty-dollar bond.

3.        Disqualification of the candidate.

4.        New election or run-off.

5.        Referral to the appropriate divisional Conduct Council, Honor Council, or to the Constitutional Council, according to jurisdiction.

B.       All penalties exacted by the Board may be appealed to the College Council legislature.

1.       All fines will be deposited into the College Council Executive Account at the end of the election season.