University of Missouri

46-53: An Act to Amend Election Protests and Violations as Outlined in the MSA Bylaws

PURPOSE: To amend the Elections section of the MSA Bylaws to grant certain judiciary guarantees.

WHEREAS, The special committee to review MSA elections is working towards a cohesive set of rules that allow for Student Court to correlate directly with both MSA and BEC guidelines, and

WHEREAS, The existing Bylaws do not guarantee written briefs and oral arguments for Election infractions, and

WHEREAS, in certain circumstances it is necessary for oral arguments to be conducted to make sure a fair decision can be reached, and

THEREFORE, Be it enacted by the Missouri Students Association Senate that Chapter 5 (Association Election Laws) of the bylaws be amended:

5.50 PROTESTS AND VIOLATIONS
(A) PROCEDURE
(1) Any protests or alleged violations of the election laws by any slate of candidates, group, or individual must be filed in written form with the BEC, or the MSA Student Court if the allegation is against the BEC not later than three academic days after the election during which the alleged violations occurred.

(2) The BEC chair shall deliver a copy of any complaint or protest filed to the slate of candidates, group, or individual named in the complaint or protest.

(3) The BEC members, after review of the complaint or protest, shall petition the MSA Student Court to hear the complaint or protest only if a majority of the BEC members vote to prosecute the alleged offending slate of candidates, group, or individuals.

(4) For any minor or intermediate infraction that does not lead to expulsion from the elections, the slate of candidates, group, or individual, shall be afforded the opportunity to submit a written brief, with the option for oral arguments to be decided by the Court.

(5) For any major infraction and all infractions that lead to expulsion from the elections, the slate of candidates, group, or individual, shall be afforded the opportunity to submit a written brief, along with mandatory oral arguments before the Court.

(4) (6) At any hearing held by the Court, the slate of candidates, group, or individual, shall be afforded the opportunity to present evidence pursuant to the guidelines established by the Court.

(5) (7)The MSA Student Court shall have original jurisdiction for protests or alleged violations of the election laws by any slate of candidates, group, or individual. The Court must hear all petitions within a reasonable time. A decision must be issued in writing within three academic days after such hearing. A minimum of three Justices are required to decide cases under this Chapter.

(6) (8) Under this section the BEC shall serve in the role of prosecutor with the accused slate as the defendant. Both sides may call witnesses as necessary.

(7) (9) The Student Court representative to the BEC will recuse him/herself from all Student Court deliberations in closed session of the Court that concern election affairs.

(8) (10) The decision made by the MSA Student Court shall be final. No appeals will be considered.

Respectfully submitted,

Justin Ginter

Elections Review Chair

Jim Kelley

Academic Affairs Chair

Marissa Sharkey

BEC Exec

Trevor Flannigan

Academic Affaris

Miller Stoll

Student Affairs Chair

Ian Krause

Academic Affairs

Eric Schneider

BEC Exec

Daniel Permuter

Academic Affairs

Corey Gibson

Operations Chair

David Blair

Academic Affairs

Bruce Hall

MCI

Garret Schmidt

Student Affairs