University of Missouri

51-5: An Act to Establish the BEC Presidential Handbook

PDF of Bill 51-5

Missouri Students Association

University of Missouri

Bill #51-5

AN ACT TO ESTABLISH THE BEC PRESIDENTIAL HANDBOOK

PURPOSE: To establish the BEC Handbook for the Presidential Election in 2011.

WHEREAS, the BEC Handbook must be passed immediately to ensure a proper election system; AND

WHEREAS, this handbook will be used for all slates during the Presidential Election this Fall.

THEREFORE BE IT ENACTED BY THE MISSOURI STUDENTS ASSOCATION SENATE that the Board of Election Commissioners 2011 Presidential Handbook be read as follows:

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Disclaimer: As is stated in Elec2on Form 8 “Candidate Eligibility and Handbook Receipt”, it is the responsibility of the Candidates and their campaign workers to read and understand the election laws put forth by the Board of Elec2ons Commissioners. Ignorance of these laws cannot be used as a defense. If you have any questions with regards to the legality of an action, it is YOUR responsibility to contact the BEC and any other par2es involved.

Summary of Forms and Due Dates

The following are the election forms that slates must file. Election Forms 1 and 2 must be filed each week without exception. Election Forms 3 through 8 must also be filed each week; however, you only need to report new materials (if you have reported something in a previous week you do not need to report it again, you only need to update us on new things, but you s2ll need to turn in a blank form if nothing has changed or been updated). Election Forms 8 and 9 only need to be turned in once at the beginning of the campaign. Election Form 10 only needs to be turned in once at the end of the campaign. A copy of each form will be provided with this handbook. Election Forms 3 through 8 also need to be turned in on the Monday prior to the beginning of the election by 5:00PM. Future copies of the Elec2on Forms are the responsibility of the candidate.

Election Form 1 – Sources of Income

Election Form 2 – List of Expenditures

Election Form 3 – Acknowledgement of Sponsorship

Election Form 4 – Description of Depository/Banking

Election Form 5 – Report of Campaign Material

Election Form 6 – Campaign Workers List and Campaign Manager Choice

Election Form 7 – Posting of Campaign Materials

Election Form 8 – Candidate Eligibility and Handbook Receipt

Election Form 9 – Nominating Petition

Election Form 10 – Final Financial Report

All financial forms must be filed with a copy of checks wriden to or against a slate’s account as well as copies of any business receipts.

Campaigning

Please remember that this handbook does not include all by-laws on campaigning. You are required to follow MSA by-Laws as well. Please note that the M-Book as well as all relevant civil statutes also binds all campaigns.

Campaigning by slates may begin on the first day of classes fall semester. Once you begin campaigning, you must officially register with the BEC within one week.

Campaign Materials

Candidates cannot campaign within 50 feet of a polling loca2on. Polling loca2ons include all campus IATS computer labs between 6pm Monday and 6pm Wednesday during election week. To campaign will be defined as to work in an organized and active way towards a particular goal.

Slates may create polling locations at the written permission of the BEC. Slate run polling locations should be included under Campaign materials in section 4) Other Materials. The BEC retains the right to refuse slates specific areas. If a slate is found to be manipulating students into voting for a specific candidate, the slate will be immediately expelled from the campaign. All campaign material must be registered and updated once a week with the BEC via Form 6. This day will be chosen by the BEC and may include further instructions. A slate may post material at their discretion, but that material must be registered with the BEC in Form 6 the following week. If a slate commits an infraction (as outlined later in this handbook) in materials that have been posted prior to registra2on with the BEC, this will be treated as a campaign violation.

Websites

Websites may become public as early as the first day of classes during the elec2on semester. A candidate’s website(s) must be registered with the BEC the following Monday ager their launch and content changes to the website must be noted to the BEC the Monday following those changes.

Social Networking Sites

Social sites include but are not limited to Facebook, Twider, etc… A candidate’s social networking profile will NOT be considered campaign material in the respect that it must be registered. However, if a candidate’s profile contains slander or libel against another candidate or slate it is subject to campaign regulations.

Similarly, a candidate’s blog is not considered to be campaign material UNLESS the blog’s specific purpose is campaigning. However, if a blog contains slander or libel against another candidate or slate it is subject to campaign regulations.

A candidate IS directly responsible for items that are primarily for campaigning and that the candidate has editing control of. This would include, but not limited to, Facebook groups created by the candidate, a “fan” Facebook application created by the slate or candidate, etc. Items of this type WILL BE considered campaign materials and must be registered. These types of materials cannot be posted prior to the first day of classes of the semester of the election. Candidates will not be held responsible for items posted by other par2es, as defined as those who are not candidates nor campaign workers, but must remove such postings within 8 hours of notifica2on that the posting in ques2on exists. Failure to do so will result in such offenses being attributed to the candidate or slate.

Campaign Videos

Campaign Videos include but are not limited to videos posted on Google Video, YouTube, etc. Campaign videos may not be posted on these sights prior to the start of campaigning (which is defined earlier in the handbook). Campaign videos must be registered with the BEC as with all campaign materials. Campaign videos containing slander, libel, or profanity will be subject to the same penalties as other campaign materials.

Residence Halls

No campaigning shall occur in or through Residence Halls, with only a few exceptions listed below. Residence Halls are defined as University owned or leased property and also include all Campus Dining Services (CDS) locations, with only a few exceptions listed below. Also, any use of Res Life materials, offices, list serves, etc… is banned by the BEC and whose determination is leg to the discretion of the BEC.

Campaigning will be permided within the Student Center as long as it does not violate any other election laws, include campaigning in MSA space. Slates are forbidden to approach students that are either in line or are eating/drinking in any capacity. Also, if a student approaches the BEC with a harassment complaint, it will be treated as a major infraction. Individuals in residence halls have the right to place anything within reasonable limits on the doors (unless specific residence hall policies have further restrictions). Thus, if your supporters choose to place a poster supporting your campaign on their doors or in their window, they may do so. The poster must be on an 8 ½ by 11 inches paper with a maximum of one per door.

Additional restric2ons may be added by the Board of Elections Commissioners. Additionally, requests by individual candidates or slate to amend FIG pro-seminars will not be allowed. Requests by individual candidates or slate to amend floor/house mee2ngs and staff meetings are also not allowed. Requests by individual candidates or slates to campaign within 100 feet of the building will also be forbidden.

Mailers and Flyers

Each slate will be allowed one postcard size mailer during the election to be distributed in the Residence Hall mailboxes. In addition to receiving BEC approval, approval must also come from Kathy Murray through the Center for Student Involvement as well as approval from Res Life. After receiving approval and labels, each slate is responsible for counting and delivering their own flyers. Written approval must come from Kathy Murray and Res Life and be presented to the BEC before the flyers can be sent. Remember to allow 2me for each person involved in the process. Additionally, please remember that providing all necessary copies is an expense for your slate.

Campus Buildings

It is YOUR RESPONSIBILITY to contact the building managers on campus to get permission to place posters or banner on or in buildings You may not post any campaign materials in any University of Missouri library.

If you wish to post campaign materials in a location other than the bulletin boards in a building, you must contact the building manager for permission. This permission must be documented on the Building Permissions form (Form 8) and submitted to the BEC prior (Upon BEC approval campaign materials may be posted. The BEC shall have one business day to approve/ disapprove the form and shall contact the slate of the approval/disapproval).

In addition to flyers, “chalking” the chalk/dry erase boards as well as mass flyer distribution in a classroom is not permitted.

As per the M-Book, as long as you are only posting on designated bulletin boards, you do not have to fill out Form 8. If you wish to post anywhere else in a building, you must get the permission of the building manager.

The guidelines laid out in the M-Book s2ll govern the placement of campaign material in open spaces.

MSA Offices, Equipment and Resources

Offices, equipment, etc. of the Missouri Students Associa2on are for official use and may not be used for campaigning. The definition of the Missouri Students Associa2on offices will be the office area of the second floor of the Student Center and will include the sections designated for the PHA. Any campaigning inside the two doors in the Student Government wing is forbidden.

MSA Auxiliaries

In no way may any MSA auxiliary be used for campaigning purposes. In no way may any MSA auxiliary show support for or endorse any candidate or slate. If any person associated with an MSA auxiliary wishes to support or endorse a candidate/slate they may not explicitly mention the fact that they are associated with a particular MSA auxiliary when doing so. The candidates may, however, purchase space from MUTV or KCOU. This rule is confined the leadership of these organizations. Determination of endorsement of a candidate will be leg to the discretion of the BEC and will include using auxiliary offices, list serves, etc…

Debates and Open Forums

The BEC will hose at least 1 official debate during the campaign period and a “meet and greet” opportunity. Other groups will likely have candidate open forums. All debates are optional.

E-Mail

The Board of Elections Commissioners defines a mass e-mail as an e-mail which delivers essentially the same note to more than 250 recipients. Mass e-mails are forbidden as well as use of list proc, list serve, Exchange distribution, and other mass distribution services. Multiple emails are considered a “mass e-mail” if they deliver essentially the same note to more than 250 recipients combined. This list is not comprehensive and additional restrictions may be added by the BEC. In addition, candidates cannot create list serve programs for campaigning, no matter how many people are on the list serve. Also, if a mass e-mail is sent on behalf of a slate to university e-mail accounts, it will be considered an intentional infraction even if the e-mail did not originate from a University account.

Date Advertisement

The BEC will make available for each slate 50 official BEC flyers, upon request, which advertise the date, time and website link for voting. This is to benefit both the slates and the BEC. Using these flyers in addition to your own will allow more space on your flyer for simply your name or other information and we simply do not have the same manpower that slates typically have for Advertisement. However please note that these flyers must be used only as presented any may not be in anyway altered.

Executive Amendments

The Board of Elections Commissioners has the right to amend the BEC handbook any time in the year if they obtain a unanimous approval from the President of MSA, the Senate Speaker of MSA, and the MSA Chief Justice.

Infractions and Penalties

This is not a complete list and additional infractions may be added by the BEC.

Moderate fines will be levied on a strike system. Infractions will fall into two categories, Minor and Major.

Minor Infractions Are:

• Minor inaccurate representation of form information (minor inaccurate representation is considered two or less inconsistencies)

Punishments for Negligent Infractions are as follows.

The first violation will be a written warning from the BEC.

The second violation will carry a $100 fine.

The third violation will carry a $300 fine.

The fourth violation shall be considered major and all subsequent Violations shall continue on the major infractions penalty list.

Major Infractions are:

• Using MSA offices, equipment, etc. for campaigning purposes

• Falsification of official BEC documents and forms

• Destruction, removal, or obstruction of opponents campaign materials

o Covering an entire bulletin board or the majority of a bulletin board will be

deemed obstruction

• Campaigning for more than a week before registering with the BEC

• Violating BEC e-mail policy including, but not limited to, mass e-mail and list serves

• Violations of the M-Book or residential life policies

Major Infractions carry different Penalties to prevent repeat offenses.

The first violation will result in a campaign losing the privilege of campaigning for one week.

The second violation will result in the expulsion from the election, as with negligent fines.

Note: Intent will not be considered in the investigation and issuance of an infraction. BEC Determination is based solely upon the action in question and not why the action was committed. No actions of a slate will be considered “Accidental” All fines must be paid directly to the BEC within 5 academic days of official notification from the BEC, or in the case of an appeal, 5 academic days of the Student Court decision. Slates are expected to pay all fines even if the slate is no longer running a campaign. If you wish to file an appeal of any infraction you must do so within one calendar week from the date of being notified of your infraction.

Immediate Expulsion

Slander, libel and profanity will not be tolerated in campaigning or campaigning materials. Any slates including these aspects in their materials will be unconditionally and immediately dismissed from the election.

Intentional Infractions

Should the MSA Student Court find that a candidate has committed any of the infractions listed above (minor or major) with intent to do so; it will result in an unconditional and immediate dismissal from the election.

BEC Case Guidelines

Generally, The BEC will act as the prosecutor in cases involving Violations of election law where the BEC is not being directly accused.

Agreements

The BEC, with the consent of the Court, has the ability to offer sanction agreements between the slates and the BEC. However, these agreements must be submided to the Court for approval via e-mail to MSACourt@missouri.edu. The BEC is not required to offer agreements of any kind.

Procedures for BEC initiated cases before the Court

1. The BEC issues infraction to candidate and passes on the infraction to the MSA court.

a. The slate has 24 hours from the issuance of the infraction to respond to the

infraction.

2. If a candidate agrees with infraction the case ends and penalty/Penalties are issued

3. If candidate disagrees with infraction, full hearing process ensues.

a. Both parties must submit, via e-mail to MSACourt@missouri.edu, written briefs 48 hours before the case or as otherwise requested by the court. Written briefs must include the parties’ name, the alleged violation, the section of the bylaws/constitution/BEC handbook/other guidelines that states this is a violation or not a violation, supporting evidence, and list of witnesses if any.

b. Per Chapter 5 of the MSA bylaws, the court may hear oral arguments. If the court hears oral arguments, time for each party will go as follows: opening statement maximum 5 minutes, Q&A period from the court maximum 10 minutes, closing statement maximum 2 minutes.

c. If one party is not represent for a hearing or does not submit a brief, the court can decide the case without that party’s presence.

d. Cases that deal with lawsuits against the BEC will follow previously set guidelines of MSA related cases. A copy of these procedures is available in the student court office.

e. All official communications from the MSA student court will be conducted via university e-mail.

4. If the MSA Court finds in favor of the BEC the penalty/Penalties stand

5. If the MSA Court finds in favor of the candidate the penalty/Penalties are dismissed.

If the MSA Court finds that the candidate owes fees to the BEC, the fee is due within five business days of the decision being announced. The BEC will NOT have communication with the accused slate(s) prior to oral arguments and will NOT ask for a testimony without the presence of an MSA Court Official. If a slate wishes to express their opposi2on to an infraction being issued, they may express this in their brief to the

MSA Court.

If you have any further questions please contact the BEC for clarification.

****Contact the BEC for any questions or clarification on back up voting procedures.

Contact Information

The Executive Board of the BEC can be contacted by e-mail at any time at the following address: BEC@missouri.edu

We will try to respond in a timely manner, but please be patient with us. In addition, the BEC will hold officer hours sporadically, but we are always available by appointment. Please do not hesitate to ask any questions, as we are more than happy to answer them. The BEC will schedule one introductory meeting with each slate ager they have filed, and a second meeting with all slates will be scheduled mid-way through the election.

Sincerely,

Thomas Bourneuf, Chairman

Jacob Waidmann, Vice Chair

Shelby Catalano, Vice Chair

Jake Sloan, MSA Senate Speaker