University of Missouri

49-3: An Act to Correct Discrepancies Between the By-laws and Proposed 2009 BEC Presidential Handbook

Missouri Students Association

University of Missouri

Bill 49-3

An Act to Correct Discrepancies Between the By-laws and Proposed 2009 BEC Presidential Handbook

PURPOSE: To ensure all changes made in the new presidential handbook are reflected in the by-laws.

WHEREAS, The BEC has proposed changes to the numbering of forms for record keeping’s sake, and 

WHEREAS, The by-laws currently mention forms in several sections of Chapter V, and

 WHEREAS, Candidates and slates may already be reading the by-laws in preparation for their upcoming campaigns, and these changes should be reflected in the by-laws as soon as possible.

THEREFORE BE IT ENACTED BY THE MISSOURI STUDENTS ASSOCIATION SENATE that Chapter V of the by-laws reflects the following changes:

 Chapter V: Association Election Laws

5.10 NOMINATION OF CANDIDATES FOR ELECTION

(B) NOMINATION OF SLATES—

(1) Candidates may be nominated by slates only with each slate providing candidates for the offices of President and Vice President. No candidate shall be place on the ballot except upon filing petitions with the BEC on Election Form 9 containing the names, signatures and student numbers of 500 qualified voters of the Association and the names of the individuals that are being nominated. Any qualified voter may sign as many petitions as they wish. The filing deadline shall be 29 days prior to the date of the election. Such date is to be advertised by the Department of Student Communications in campus media at least 45 days prior to the date of the election.

(2)  The BEC shall provide each slate the election handbook referred to in Section 5.08.

(3)  When a completed set of petitions is filed with the BEC, each slate must also fileElection Form 8 stating that they have completed the following: they are eligible to be elected as officers of the Association, have received the handbook referred to inSection 5.08.

(D) FILLING A VACANCY IN A SLATE—A vacancy in any slate of candidates, created by withdrawal of a candidate or otherwise, may be filled by filing petitions onElection Form 9 containing the names, signatures, and student numbers of 500 qualified voters of the Association and the name of the substituted candidate with the BEC. Persons who signed the original petition of that slate may sign the petition of the substitute candidate. Petitions nominating substituted candidates must be filed by noon, five academic days prior to the date of the election. Should the vacancy remain unfilled by that time, the slate shall also be immediately stricken from the ballot.

5.15 CAMPAIGN FINANCING FOR GENERAL ELECTIONS

(A) REPORTS OF CAMPAIGN FINANCES—

(2)   Each slate of candidates shall file a copy of Election Form 4 with the BEC 29 days prior to the date of the election. If the slate begins to receive campaign contributions prior to 36 days before the election, they must file a copy of Election Form 4 with the BEC on the Monday after the first day campaign contributions have been received.

(3)   Each slate shall file an official financial statement from said banking institution andElection Form 10 no later than six days after the election.

(B)  LIMITS OF EXPENDITURES—

(2)   Fair market value shall be the price at which such services or materials are offered to all candidates. No slate of candidates 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.

(2)Election Forms 2 and 3 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.

(3)No slate of candidates shall have contracted obligations in excess of the assets available to the slate at the completion of the campaign period.

(4)  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

(2)  Each slate of candidates shall be required to file an itemized report of all contributions on Election Form 1 with the BEC 29 days prior to the date of the election. If the slate begins to receive campaign contributions prior to 36 days before the election, the must file a copy of Election Form 1 with the BEC on the Monday after the first day campaign contributions have been received.

5.20 GENERAL CAMPAIGN PRACTICES FOR GENERAL ELECTIONS

(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 6.

(2) Each slate of candidates shall file a copy of Election Form 6 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 6 on the Monday following the worker first joining the campaign.

5.40 SPECIAL ELECTIONS

(D) NOMINATION OF CANDIDATES—

iii. Candidates shall be required to file forms 1, 2, 3 and 5 every seven days, beginning the first Monday after campaign contributions have been received, or 15 days prior to the election: whichever is earlier.

5.60 ELECTION FORMS FOR GENERAL ELECTIONS

(B) ELECTION FORMS DEFINED–

i.    Form 1 – Sources of Income

ii.   Form 2 – List of Expenditures

iii.  Form 3 – Acknowledgement of Sponsorship

iv.  Form 4 – Description of Depository/Banking

v.   Form 5 – Report of Campaign Material

vi.  Form 6 – Campaign Workers List and Campaign Manager Choice

vii. Form 7 – Posting of Campaign Materials

viii. Form 8 – Candidate Eligibility and Handbook Receipt

ix.  Form 9 – Nominating Petition

x.   Form 10 – Final Financial Report

 (C)  Election forms (with exception of form 8 and 9) must be signed by either the presidential candidate or vice-presidential candidate submitting the form, before being submitted to the BEC. Form 8 must be signed by both the presidential and vice-presidential candidates.

(C)  All election forms can be submitted to any member of the BEC, and (with the exception of form 9) 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.

Respectfully Submitted,

Andrew Mikusch, Operations Committee

Josh Travis, Chairman, Operations Committee

Erica Zucco, Chairwoman, Academic Affairs Committee

Sean Haynes, BEC Vice-Chairman

Dan Kelley, BEC Chairman