University of Missouri

46-27: An Act to Update Chapter Five of the MSA Bylaws

PURPOSE: To revise the bylaws that will govern the first ever MSA Senate elections.

 

WHEREAS, The rules and regulations regarding the Senator elections are still being

developed, and

 

WHEREAS, Members of the Board of Elections Commissioners have do not feel the current bylaws could be fully enforced due to the number of people running and the details of the rules, and

 

WHEREAS, A spending limit is not needed to govern the elections if the number of campaign materials is instead monitored, and

 

WHEREAS, This change will make the campaign process more simple for those who wish to run, and

 

WHEREAS, The rules of the election should not discourage people from running, and

 

WHEREAS, The Board of Elections Commissioners believes a fair election can still be held with the following changes to the bylaws.

 

THEREFORE, Be it enacted by the Missouri Students Association Senate that Chapter 5 of the bylaws be thus amended:

5.16 MSA SENATOR ELECTION CAMPAIGN FINANCING (A) LIMITS OF EXPENDITURE (1) Campaign expenses shall be set at $50 for each candidate in the Senator Election. (2) No Senator campaign spending shall take place prior to 45 days prior to the date of the election. This shall not apply to materials used for campaign meetings. (3) Fair market value shall be the price at which such services or materials are offered to all candidates. No candidate shall receive any donations from any professional or business service unless said services are assessed at fair market value and recorded as an expense. All business agreements shall be reported on Election Form 6. (4) Election Forms 3, 6, 7, and all business receipts must be filed with the BEC on or before the date(s) specified by the BEC in the election handbook referred to in Section 5.08.(5) Documentation of ALL campaign expenses (even in the case of donated good or services) must be provided to the BEC in the form of a receipt, price quote or estimate (copies of advertisements, printouts from online stores, etc.) from a reputable business. Copies of these documents must be provided with the proper election forms. (6) No candidate shall have contracted obligations in excess of the assets available to the candidate at the completion of the campaign period. (7) Any sponsorship of candidates that does not include materials reported with a fair market value on Election Form 6 shall be reported on Election Form 7. (B) LIMITS OF CONTRIBUTION (1) Each candidate will be allowed to accept private donations and publicly solicit financial support 45 days prior to the date of the election. (2) No campaign spending by group, organization or living unit on behalf of a candidate will be allowed. Any support should be in the form of a donation and the product or service should be assessed fair market value and recorded on the candidate’s election forms.(3) The Board of Election Commissioners shall make the expenses of all campaigns available to the media, all other campaigns, and appropriate university officials. 5.20 GENERAL CAMPAIGN PRACTICES FOR GENERAL ELECTIONS

(A) LIMITS OF CAMPAIGNING—The provisions under this section shall govern limits in campaign practices in general elections by candidates and their campaigns. None of these provisions shall apply to caucuses or meetings, attended primarily by election workers and held to nominate, adopt policy, or conduct business relating to internal affairs of the slate.

(1) PUBLIC APPEARANCES—No campaigning by public appearance at any meeting having a primary purpose that is the promotion of the candidate shall take place prior to 12:01 a.m. 45 days prior to the date of election.

(2) LITERATURE DISTRIBUTION AND PURCHASING OF MEDIA—No campaigning, by distribution of political literature or by the use of purchased verbal or printed media, shall take place prior to 12:01 a.m. 30 days prior to the date of the election.

(3) WEBSITES—No campaigning, either by establishment of a campaign website or by advertisement of a campaign on a personal website, shall take place prior to 12:01 a.m. 45 days prior to the date of the election.

(B) PROPERTY DESTRUCTION—Any slate, organization, or individual campaigning in any election shall be responsible for any damage to or defacement of another slate’s campaign materials committed by someone involved with their own campaign. Any property damage or defacement must be filed in written form with the BEC within 24 hours following the alleged occurrence. The BEC shall assess the fair market value of any damaged or defaced property to the campaign expense of any slate or individual candidate found by the BEC to have damaged or defaced the stated property. This section is not to be construed so as to prohibit legal or disciplinary action to be taken by the proper judiciary body concerning such incidents.

(C) SUBMISSION OF CAMPAIGN MATERIAL—Each slate shall be required to submit a copy or transcript of all campaigning material to the BEC on Election Form 5 before the material is made public. Prior to hanging campaign material in non-bulletin board areas, slates must first submit Election Form 10 to the BEC.

(D) CAMPUS MEDIA—Campus media, when used in this chapter means student newspapers radio, television, or other printed or verbal media.

(E) CAMPAIGN WORKERS—

(1) All people actively campaigning or distributing materials for a slate of candidates that has fulfilled the requirements of Section 5.10(B) shall be listed on Election Form 9.

(2) Each slate of candidates shall file a copy of Election Form 9 with the BEC at least 29 days prior to the date of the election, and the addition of any campaign workers to the campaign shall require the filing of an additional copy of Election Form 9 on the Monday following the worker first joining the campaign.

5.21 GENERAL CAMPAIGN PRACTICES FOR SENATOR ELECTIONS(A)LIMITS OF CAMPAIGN MATERIAL—The provisions under this section shall govern the quantity of campaign materials that a candidate for Senate can distribute or display. No campaign material can be distributed or displayed before the official campaign period as defined by Section 5.21 (C) begins.(1) WEBSITE—Each candidate may have one official website.(2) SOCIAL NETWORKING SITE—Each candidate may have one group or page on one social networking site. (i.e. Facebook, MySpace, etc.)(3) POSTERS—Each candidate may have up to 30 posters.(4) HANDBILLS—Each candidate may have up to 500 handbills.(5)SHIRTS—Each candidate may have 10 campaign shirts.. (B) PUBLIC APPEARANCES—A candidate may only make public appearances for the purposes of campaigning for election during the official campaign period as defined in Section 5.21 (C). Public appearances include speaking in front of an organized body and/or speaking to any group of people gathered for unofficial purposes. (C) OFFICIAL CAMPAIGN PERIOD—The official campaign period shall begin two Sundays before the Sunday before the election. (D)REGISTRATION OF CAMPAIGN MATERIAL—All campaign material defined in Section 5.21 (A) must be registered with the BEC via the Election Forms. 5.60 ELECTION FORMS FOR GENERAL ELECTIONS

(A) The BEC shall have the power to create and nullify an election form with the approval of the Senate Operations Committee. The BEC may change existing forms with the approval of the Senate Operations Committee. A copy of all valid election forms shall be filed with the Clerk of the Senate.

(B) ELECTION FORMS DEFINED—

(1) Form 1 — Description of Depository

(2) Form 2 — Sources of Income

(3) Form 3 — List of Expenditures

(4) Form 4 — Final Financial Report

(5) Form 5 — Reports of Campaign Material

(6) Form 6 — Election Business Compliance Form

(7) Form 7 — Acknowledgment of Sponsorship

(8) Form 8 — Candidate Eligibility and Handbook Receipt

(9) Form 8A — Nominating Petition

(10) Form 9 — Campaign Workers List

(11) Form 10 – Posting of Campaign Materials

(C) Election forms (with the exception of Forms 8 and 8A) must be signed by either the presidential or vice-presidential candidate submitting the formbefore being submitted to the BEC. Form 8 must be signed by both the presidential and vice-presidential candidates.

(D) All election forms can be submitted to any member of the BEC, and (with the exception of Form 8A) are signed by that member as evidence of receipt. The BEC member’s signature on Form 5 is also evidence of approval of campaign material to be distributed.

(E) ELECTION FORM DEADLINES—

(1) All deadlines for election forms shall be at 5:00pm, and shall be on the day specified in these bylaws unless 5.60(E)(2) or 5.60(E)(3) applies.

(2) If any deadline for submission of an election form falls on a Sunday, that deadline shall be adjusted so that the new deadline shall be the following Monday, unless classes would not be in session that day, in which case, the adjustment in section 3 shall be used instead.

(3) If any deadline for submission of an election form falls on a weekday that classes are not in session, or on a Saturday, that deadline shall be adjusted so that the new deadline shall be the first weekday, previous to the original deadline, that classes are in session.

5.61 ELECTION FORMS FOR SENATOR ELECTIONS

(A) The BEC shall have the power to create and nullify an election form with the approval of the Senate Operations Committee. The BEC may change existing forms with the approval of the Senate Operations Committee. A copy of all valid election forms shall be filed with the Clerk of the Senate.

(B) ELECTION FORMS DEFINED

(1) Election Form 1 Petition(2) Election Form 2 Completed Petition and Rules Receipt(3) Election Form 3 Registration of Websites(4) Election Form 4Registration of Posters, Handbills and Shirts(5) Election Form 5 Building Permissions/Posting Approvals (C) Election Forms 1 and 2 are due by the last due to file a petition as defined in the BEC Handbook. (C) Election Forms 2, 3 and 5 are due when a candidate registers their campaign material with the BEC on the date defined by the BEC Handbook.Respectfully Submitted, Rachel CraderMarissa Sharkey

BEC Chair Operations Committee