University of Missouri

46-7: An Act to Update Election Bylaws for the Winter 2007 Senate Election

Purpose: To add broad guidelines for the upcoming campus-wide Senate elections.

WHEREAS, MSA Senate is moving to a new method of electing Senators from their academic colleges for the Winter 2007 semester, and

WHEREAS, The current Chapter 5 (Election) bylaws do not yet cover campus-wide Senate elections.

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

5.06 TIME OF THE MSA SENATOR ELECTIONS
(A) DATE AND TIME—The election of the MSA Senators shall take place 5 weeks before the Tuesday of Finals week, over a 48 hour period lasting from 6:00 p.m. on the Monday until 6:00 p.m. on the following Wednesday. The election of MSA Senators shall take place the Tuesday before the Tuesday of the University’s Spring Recess, over a 48-hour period lasting spanning the Monday before the date of the election until Wednesday. This day (unless changed by the Senate as specified in section 5.06(B) is “the date of the Senator elections” for the purposes of Chapter 5 of these bylaws. This time allows for a week for a run-off election as well as a week for New Senator Training as seen in section (5.30).
(B) CHANGES OF THE DATE—The Senate may, by enactment, change the date of the election to a different date before 5 weeks before the Tuesday of Finals, but no more than 20 days before. If the election is to be moved, the change of date must be enacted at least 14 days before the new date. The Senate may, by enactment, change the date of the election to a different date that falls either ten academic days before or ten academic days after the original date of the election. The change of date must be enacted at least 14 days before the new date.


(C) ADVERTISEMENT—The Senator elections must be advertised by the Department of Student Communications in conjunction with the BEC in campus media at least 21 days before the date of the election. If the election date is changed, DSC and BEC must advertise the new date within 7 days. All advertisements must include the date of the election, polling locations, a brief description of the methods of voting, and must be reviewed by the BEC. A mass e-mail shall be sent to all members of the association informing them of the election and providing a link to the online ballot and a list of all polling locations established under section 5.25(A)(4) of these bylaws no sooner than 48 hours and no later than 24 hours prior to the election. This e-mail should ensure that only those members of each Academic College may vote for their individual representatives.

5.11 NOMINATION OF CANDIDATES FOR THE MSA SENATOR ELECTIONS
(A) DEFINITION OF CANDIDATE— A candidate shall be defined as any member who has satisfied the nomination criteria per these bylaws. Prior to 29 days before the election, a candidate shall be defined as any member who has solicited nominating signatures or votes, or solicited or spent funds for the purpose of the election, or who has satisfied the nomination criteria per these bylaws.

(B) NOMINATION OF CANDIDATES—
(1) Candidates must be registered with the University as having their primary major fall within the Academic College they apply to represent. No candidate shall be placed on the ballot except upon filing petitions with the BEC on Election Form 8A containing the names, signatures and student numbers of 35 qualified voters of the Association within their Academic College and the names of the individuals that are being nominated. No person shall sign more than one petition, and any name appearing on more than one petition shall not count for either. The filing deadline shall be 29 days prior to the date of the election. Such date is to be advertised by the Department Student Communications in conjunction with the BEC in campus media at least 45 days prior to the date of the election.
(2) The BEC shall provide to each candidate and other interested parties the election handbook referred to in Section 5.08.

(3) When a completed set of petitions is filed with the BEC, each candidate must also file Election Form 8 stating that they have completed the following: they are eligible to be elected as representatives in the Association, have received the handbook referred to in Section 5.08, and have received one copy of all election forms specified in Section 5.60(B).

(4) If any petition is found to have an insufficient number of valid signatures, the petitioners shall be allowed 48 hours after notice of such deficiency by the BEC to obtain a sufficient number of valid signatures.
(C) WITHDRAWAL OF A CANDIDATE – A candidate may withdraw by informing the BEC in writing of the candidate’s intention by noon, one week prior to the day of the election.

5.16 MSA SENATOR ELECTION CAMPAIGN FINANCING
(A) REPORTS OF CAMPAIGN FINANCES
(1) All campaign contributions must be deposited in and withdrawn from an account established in a reputable banking institution.
(2) Each candidate of candidates shall file a copy of Election Form 1 with the BEC 29 days prior to the date of the election. If the candidate begins to receive campaign contributions prior to 36 days before the election, they must file a copy of Election Form 1 with the BEC on the Monday after the first day campaign contributions have been received.
(3) Each candidate shall file an official financial statement from said banking institution and Election Form 4 no later than six days after the election.
(4) All campaign contributions to each candidate must be in the form of a check or money order. Furthermore, a photocopy of each check or money order must be submitted with Election Form 2.

(B) 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 every seven days starting the Monday after the first day campaign contributions have been spent, or 29 days before the election, whichever is earlier, or on the request of a BEC chair or vice chair. 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.
(C) 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) Each candidate shall be required to file an itemized report of all contributions on Election Form 2 with the BEC 29 days prior to the date of the election. If the candidate begins to receive campaign contributions prior to 36 days before the election, they must file a copy of Election Form 2 with the BEC on the Monday after the first day campaign contributions have been received.
(3) 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 to a candidate’s campaign fund. and the product or service should be assessed fair market value and recorded on the candidate’s election forms.
(4) The Board of Election Commissioners shall make the expenses of all campaigns available to the media, all other campaigns, and appropriate university officials.
5.25 POLLING PROCEDURE
(C) CAMPAIGNING AROUND POLLING PLACES— Campaigning shall be illegal if carried on within a 50 foot radius of any polling place. Such radius shall be monitored by the BEC. In no case, however, shall campaigning be deemed illegal if conducted outside the room of the polling place. Campaigning shall be illegal if carried on in any University of Missouri computer labs or on any University of Missouri computers, or their screens, on the day of the election. This condition shall in no way restrict candidates’ websites, nor shall this condition restrict e-mails sent by candidates or campaign workers when sent in accordance with University policies on mass e-mail.

5.30 ELECTION AND CERTIFICATION OF CANDIDATES FOR BOTH ELECTIONS
(A) FORM OF BALLOT
(4) For the Senator election, each student will only be allowed to vote for the candidates of their current primary academic unit. (Current will be determined by IATS, usually by the day before the election.)
(B) CERTIFICATION
(1) Presidential: The candidate of candidates which receives the largest number of votes among the candidates of candidates who have not been disqualified shall be elected provided that candidate received at least 35 percent of all votes.
(2) Senator: The candidates who receive the largest number of votes among the other candidates of their academic unit who have not been disqualified shall be elected.
(C) PRESIDENTIAL RUNOFF

(D) SENATOR TIE
(1) In case of a tie during the Senator election the other number of candidates who have been successfully elected from that academic unit shall vote on paper to break the tie.
(E) ANNOUNCEMENT— Upon conclusion of the voting period, and upon tabulation of the votes, but not less than one hour after the conclusion of the election, the BEC shall make a public announcement to report the outcome of the election. If a runoff is necessary, the outcome of the runoff shall be publicly reported in a similar manner.

Respectfully Submitted,

Jonathan Mays Michelle Compton
Operations Chair BEC Chair