Download 10_015 September 2010 Constitution and By-Laws

42nd Session
of the
University of North Carolina at Asheville
Student Senate
SSB 010-015: September 2010 Constitution and By-Laws
Initiator: President Courtney Galatioto, Vice President Rachel Whaley
Submitter: Senator Jon Ledford
Sponsors:
Action on the Bill
DATE Introduced by 09/08/10
DATE Passed on 09/15/10
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Whereas, the Student Government Association has function under an outdated
Constitution,
Whereas, there are inconsistencies between the Constitution and the By-Laws and
between constitution and president,
Therefore be it resolved, that the University of North Carolina at Asheville Student
Government Association resolves to adopt the September 2010 version of the
Constitution and By-Laws below.
Constitution of the Student Body
Of
The Student Government Association of the University of North Carolina Asheville
We the students of the University of North Carolina Asheville, acting in the belief that the
student is the basis of the University, and that all students have the right to fair and equal
representation, do hereby establish and ordain this Constitution for the Student Body of
the University of North Carolina Asheville.
Article I
Derivation and Delegation of Power
Section 1.
The Student Government Association
There shall be a Student Government Association of the Student Body of
the University of North Carolina Asheville. This self-governing body
derives its power and authority from the Board of Trustees and the
Chancellor of the University under provisions of the Board of Governors
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and the North Carolina General Assembly. Under this Constitution, the
Student Government Association reserves the right at all times to appeal to
the Chancellor and to the Board of Trustees of the University.
Section 2.
The Purpose of the Student Government Association
The purpose of the Student Government Association is to represent and
protect the rights of individuals, groups, and formally recognized
organizations of the Student Body in all matters concerning University
policy.
Section 3.
The Two Branches of the Student Government Association
In order for the Student Government Association to achieve its purpose,
three distinct and separate branches shall exist; the Legislative, the
Executive, and the Judicial. There shall be clearly established boundaries
between these branches, and they shall not be altered by any individual
holding an office in more than one branch.
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Article II
The Legislative Branch
Section 1.
Delegation of Power
The sole power and authority of the legislative branch shall be vested in a
Student Senate comprised of the duly elected or appointed representatives
of the Student Body.
Section 2.
The Organization of the Senate
[1] The Student Senate shall be composed of eighteen Senators: three
Senators from each of the Senior, Junior, Sophomore, and Freshman
academic classes as well as three Senators from the Commuter and
Residential housing classifications.
[2] Each Senator shall have one vote in the legislative body.
[3] The leadership offices of the Senate shall be defined by the Student
Government Association By-Laws and shall be appointed by the Vice
President of the Student Body.
[4] There shall be three standing committees formed from the membership
of the Student Senate. Each Senator shall be assigned to serve on one
standing committee. The three standing Committees shall be the
Committee on Academic Affairs, the Committee on Aesthetic Affairs and
the Committee on Student Affairs. The roles and function of these three
committees shall be defined within the By-Laws of the Student
Government Association.
Section 3.
The Qualifications of the Student Senate
Each member of the Student Senate shall conform to the following
requirements of their office:
(A) All Senators shall be students at the University of North
Carolina Asheville and shall be elected by the members of their
appropriate academic class and residential classification.
(B) All Senators shall have attained the appropriate residential or
academic classification for their seat by the beginning of the fall
semester following their election.
(C) Senators shall have and maintain a minimum of a 2.0
cumulative grade point average at the University of North Carolina
Asheville, with the exception of Senators in their first semester at
the University of North Carolina Asheville.
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(D) All senators shall maintain and complete a minimum course
load of at least six semester hours during their term.
(E) Each Senator shall serve for the duration of the session they
were elected or appointed to serve on, or until they have formally
submitted their resignation before the Senate.
Section 4.
The Powers of the Student Senate
The Student Senate shall have the power:
(A) To approve formal resolutions necessary and proper to promote
the general welfare of the Student Body by a majority role call
vote of Senators present.
(B) To approve all appointments originating from the President of
the Student Body and the Vice President of the Student Body
by a majority role call vote of Senators present.
(C) To amend and approve the proposed budget of the Student
Government Association prior to funding by the University
through established procedures by a three fourths majority vote
of those Senators present.
(D) To amend and approve requests for funds allocations from
formally recognized University student organizations as well as
other groups as deemed necessary.
(E) To enact and amend the By-Laws of the Student Government
Association by a two thirds majority vote of the entire sitting
Student Senate.
(F) To begin the impeachment procedure defined by the By-Laws
of the Student Government Association against any member of
the Student Government Association by a simple majority role
call vote of all present Senators of the Student Senate under the
pretenses of malfeasance, misfeasance and/or nonfeasance.
(G) To override a presidential veto of any legislation by a two
thirds majority role call vote of any legislation originally
passed by a simple majority vote, or a three fourths majority
role call vote for any legislation passed by a two thirds
majority vote by all Senators present.
Section 5.
The Requirements of the Student Senate
Each Member of the Student Senate shall be required:
(A) To attend all meetings of the Student Senate with an allowance
of two unexcused absences per semester.
(B) To faithfully uphold at all times, this Constitution, the ByLaws of the Student Government Association.
(C) To duly fulfill any additional responsibilities of their office as
outlined by the By-Laws of the Student Government
Association.
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Section 6.
The Compensation of Senators
Senators of the Student Senate shall receive a stipend as outlined by the
budget of the Student Government Association as approved by the Student
Senate, provided that all requirements of the office have been met and
duly fulfilled.
Section 7.
On the Replacement of Student Senators
In the event of the resignation or removal from office of a Senator of the
Student Senate, the Vice-President of the Student Body shall be required
to find another student who fulfills the requirements of the previous
Senator and appoint that individual, with the consent of the Student
Senate.
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Article III
The Executive Branch
Section 1.
The Delegation of Power
The sole power and authority of the Executive Branch shall be vested in
the President, the Vice President of the Student Body and the Executive
Cabinet of the Student Government Association.
Section 2.
The Organization of the Executive Branch
(A) The Executive Cabinet of the Student Government Association shall
be comprised of offices as defined by the By-Laws of the Student
Government Association.
(B) The powers and responsibilities of these offices shall be defined under
the By-Laws of the Student Government Association.
(C) The Executive Cabinet of the Student Government Association shall
convene once per week except for those weeks which the President of the
Student Body deems necessary.
Section 3.
The Qualifications of the President of the Student Body
The President of the Student Body shall be a student at the University of
North Carolina Asheville and shall be elected by the Student Body and
shall serve if they meet the following requirements.
(A) The President of the Student Body shall be of at least junior standing
during the semester in which the election is held.
(B) The President of the Student Body shall have attended the University
of North Carolina Asheville for at least two consecutive semesters,
excluding summer sessions, prior to the semester elections are held.
(C) The President of the Student Body shall have and maintain a minimum
of a 2.0 cumulative grade point average and must also maintain and
complete a minimum course load of six semester hours per semester
during their term.
(D) The President of the Student Body shall serve a term of one calendar
year or until they have formally submitted their resignation before the
Student Senate.
Section 4.
The Powers of the President of the Student Body
The President of the Student Body shall have the power to:
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(A) To accept or veto all legislation emerging from the Student Senate
within seventy two hours of its passage, otherwise the legislation shall
be deemed to have automatically been approved by the Executive
Branch. If the President chooses to veto legislation, the vetoed
legislation shall be returned to the Senate the next time it convenes
with the objections of the President.
(B) To appoint all positions of the Executive Cabinet as well as other
posts deemed necessary by the By-Laws.
(C) To appoint any member of the Student Government Association to
official University committees and boards as requested by the
University.
(D) To call special sessions of the Student Senate as deemed necessary.
(E) To call and preside over special sessions of the Cabinet meetings as
deemed necessary.
Section 5.
The Requirements of the President of the Student Body
The President of the Student Body shall be required:
(A) To preside over Executive Cabinet sessions each week during the
course of their term.
(B) To deliver addresses on the state of the University to the Student
Government Association and to recommend measures as judged
necessary.
(C) To fulfill the responsibilities of ex-officio membership of the
University of North Carolina Asheville Board of Trustees as
prescribed by the University Of North Carolina Board Of Governors
and the General Assembly of the State of North Carolina.
(D) To faithfully administer and abide by this Constitution, the By-Laws
and student laws of the Student Government Association in all matters
of the Student Government Association.
(E) To duly carry out any additional responsibilities of the office as
defined by the By-Laws of the Student Government Association.
Section 6.
The Compensation of the President of the Student Body
The Student Body President shall receive a stipend as outlined by the
budget of the Student Government Association as approved by the Student
Senate, provided that all requirements of the office have been met and
duly fulfilled.
Section 7.
On the Replacement of the Student Body President
If, for any reason, the office of the Student Body President is vacated, the
Vice President of the Student Body shall immediately assume all
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responsibilities of said office and vacate the office of the Vice President of
the Student Body.
Section 8.
The Qualifications of the Vice President of the Student Body
The Vice President of the Student Body shall be a student of the
University of North Carolina Asheville and shall be elected by the Student
Body provided that they meet the following requirements.
(A) The Vice President of the Student Body shall be of at least junior
standing during the semester in which the election is held.
(B) The Vice President of the Student Body shall have attended the
University of North Carolina Asheville for at least two consecutive
semesters, excluding all summer sessions, prior to the semester
elections are held.
(C) The Vice President of the Student Body shall have and maintain a
minimum of a 2.0 cumulative grade point average and shall have and
complete a minimum course load of six semester hours while in office.
(D) The Vice President of the Student Body shall serve a term of one
calendar year or until their resignation has been submitted to the
Student Senate.
Section 9.
The Powers of the Vice President of the Student Body
The Vice President of the Student Body shall have the power:
(A) To determine the time and place of the meetings of the Student Senate
and to preside over those meetings.
(B) To cast a vote if the Student Senate is equally divided during the
consideration of legislation.
(C) To determine when legislation shall be presented to the Student
Senate.
(D) To appoint an individual to the office of Senator in such cases where
said office has been vacated.
(E) To appoint Senators to the five offices of the Senate and to the
chairmanship of the Standing Committees.
(F) To assign each Senator to membership in the Standing Committees as
well as remove each Senator from membership in a Standing
Committee as necessary.
Section 10.
The Requirements of the Vice President of the Student Body
The Vice President of the Student Body shall be required:
(A) To preside over sessions of the Student Senate as prescribed by the
Constitution and By-Laws of the Student Government Association.
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(B) To forward all legislation passed by the Student Senate to the
President of the Student Body within twenty four hours of its passage.
(C) To duly fulfill any requirements of the office as defined by the ByLaws of the Student Government Association.
Section 11.
The Compensation of the Vice President of the Student Body
The Vice President of the Student Body shall receive a stipend as outlined
by the budget of the Student Government Association as approved by the
Student Senate, provided that all requirements of the office have been met
and duly fulfilled.
Section 12.
On the Replacement of the Vice President of the Student Body
In the event that the Office of the Vice President of the Student Body is
vacated for any reason, the President Pro Tempore of the Student Senate
shall immediately assume all responsibilities and duties of said office. At
such time, the new Vice President of the Student Body shall immediately
appoint a new President Pro Tempore with the consent of the Student
senate.
Section 13.
The Qualifications of Members of the Cabinet
The officials of the Cabinet of the Student Government Association shall
be appointed by the Student Body President with the consent of the
Student Senate provided that they fulfill the following requirements.
(A) All officials of the Cabinet of the Student Government Association
shall have attended the University of North Carolina Asheville for at
least one semester prior to the confirmation of their appointment by
the Student Senate.
(B) All officials of the Cabinet shall have and maintain a minimum of a
2.0 cumulative grade point average and must also maintain and
complete a minimum course load of at least six semester hours while
serving in their office.
(C) All officials of the Cabinet shall serve for the duration of the
Administration which they were appointed under or until their
resignation has been submitted to the Student Senate.
Section 14.
The Powers of Members of the Executive Cabinet
Each official of the Cabinet of the Student Government Association shall
have the power:
(A) To execute the specific duties of their office as defined by the ByLaws of the Student Government Association.
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(B) To advise and inform the President of the Student Body on all relevant
matters of their office.
Section 15.
The Compensation of Members of the Executive Cabinet
All officials of the Executive Cabinet of the Student Government
Association shall receive a stipend outlined by the budget of the Student
Government Association provided that all requirements of their office
have been duly fulfilled.
Section 16.
On the Replacement of Members of the Executive Cabinet
In the event that the office of an official of the Executive Cabinet of the
Student Government Association is vacated, the President of the Student
Body shall appoint another individual to that office with the consent of the
Student Senate.
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Article IV
The Rules and Regulations of Student Government Elections
Section 1.
The Timing of Elections
The mandatory time frame for Student Government Association elections
shall be as follows:
(A) The Student Government General Election shall be held in the spring
semester between the fifteenth of February and the thirty-first of
March for the offices of the President of the Student Body, Vice
President of the Student Body, and Senior, junior, sophomore,
Residential and Commuter Senators.
(B) The Student Government Freshman Elections shall be held by the end
of the sixth week of the Fall Semester of each year for the office of
Freshman Senator.
Section 2.
The Organization of Elections
All elections, excluding runoffs, shall consist of the following consecutive
period: a period of no less than one calendar week for the filing of
candidacy and a period of five consecutive days for campaigning which
shall include at least two consecutive week days, of at least ten hours of
polling per day, for voting. A University holiday may occur between the
periods but not during the periods.
Section 3.
Requirements to Vote
A Student may be eligible to vote under the following conditions:
(A) Students may vote for the offices of President of the Student Body and
Vice President of the Student Body provided that they are enrolled in
one or more credit hours of courses.
(B) Students may vote for the office of Senior, Junior, or Sophomore
Senator if they will have attained the appropriate academic
classification at the end of the semester in which the election occurs.
(C) Students may vote for the office of Freshman Senator, if, as voters,
they have twenty-nine or less credit hours at the date of voting.
(D) Students are eligible to vote for the offices of Commuter Senator if
they do not reside in any housing administered by the University of
North Carolina Asheville at the time of voting. Students may vote for
Residential Senator if they reside in housing administered by the
University of North Carolina Asheville at the time of voting.
Section 4.
Certification of Elected Officials
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An individual shall be elected to membership in the Student Government
Association provided that the following requirements are met.
(A) For the offices of President of the Student Body and Vice President of
the Student Body, the candidate who receives the highest sum total of
votes for each office shall win. In the event of a tie, a runoff election
shall occur.
(B) For the offices of Senior, Junior, Sophomore, Freshman, Commuter or
Residential Senator, the three candidates with the highest tally of votes
for each office shall win. In the event that there is a tie, causing more
than three individuals to have the highest sum total of votes, a runoff
election shall be held between tied candidates within seven days after
the previous election.
Section 5.
Announcement of Results
Candidates shall be notified within twenty four business hours of the
closing of the polls of the election results. Any candidate may exercise the
right to call for a recount within twenty four business hours of the posting
of the election results.
Section 6.
Transition Period
The President of the Student Body-Elect, the Vice President of the Student
Body-Elect and Senators-Elect shall assume office no less than three but
no greater than five weeks following the last day of voting. The interim
period shall serve a training period for the new members.
Section 7.
Inauguration
An Inauguration Ceremony shall occur at the end of the interim period and
shall consist of the following procedures:
(A) During the inauguration the Oath of Office shall be administered to
the President of the Student Body and Vice President of the Student
Body successively by their predecessors. At such time, power is
transferred.
(B) Immediately following the inauguration of the President of the Student
Body and the Vice President of the Student Body, the Vice President
of the Student Body shall administer the Oath of Office to the new
members of the Student Senate.
(C) The Oath of Office shall be as follows: “I do hereby affirm that I will
faithfully administer the duties of my office, and will, to the best of
my abilities, preserve, protect and defend the Constitution of the
Student Government Association at the University of North Carolina
Asheville.
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Article V
Referendums and Amendments
Section 1.
The Submission of Student Legislation
Any member of the Student Body has the right and power to initiate any
resolution or legislation to the Student Senate for approval as long as it is
submitted by a member of the Student Senate.
Section 2.
The Procedure of Student Senate Amendments to the Constitution
The Student Senate may amend this document by a unanimous roll call
vote with final approval by the Chancellor of the University of North
Carolina Asheville.
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Article VII
Supplementary Documents
Section 1.
Establishment of the By-Laws
The By-Laws of the Student Government Association shall act as a
supplementary document to this Constitution to establish operational
procedure for aspects of the Student Government Association.
Section 2.
Restrictions of the By-Laws
The By-Laws of the Student Government Association shall exist as a
separate document empowered by this Constitution and may not under any
conditions contradict this document.
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Article VII
Ratification
Section 1.
Ratification Procedure
This Constitution shall become effective upon approval of the Student
Senate by unanimous consent of all sitting members of the Student Senate,
approval of the Student Body President, and a majority of students casting
ballots in a constitutional referendum and finally approval by the
Chancellor of the University of North Carolina Asheville.
Section 2.
Post-Ratification
Upon passage, this document shall replace all previous Constitutions of
the Student Government Association of the University of North Carolina
Asheville and invalidate student laws previously passed which are in
conflict with this document.
The By-Laws of the Student Body
Of
The Student Government Association of the University of North Carolina Asheville
Article I
Rules of the Legislative Branch
Section 1.
Attendance
1] All Senators shall attend all General Sessions meetings of the Student
Government Association but shall be granted two unexcused absences
per semester.
2] All Senators shall attend all Student Senate sessions but shall be
granted two unexcused absences and three proxies per semester. A
proxy may be any non-Student Government Association member who
meets the same eligibility requirements as the Senator that he or she
represents. In a session of the Student Senate, a proxy cannot be
recognized by the acting chair for the purposes of debate, and the
responsibilities of a proxy in the Student Senate shall be limited to
only voting privileges on resolutions on which they are instructed to
vote.
3] All Senators are granted two unexcused absences per semester from
the meetings of the Committees on which they are members. The
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Chairman of a Committee may excuse a Senator’s absence in the event
of an emergency or unforeseen circumstance.
4] When it is necessary to be absent from a Senate meeting, or when a
proxy is sent to a session of the Student Senate, Senators shall notify
the Vice President using the Student Government Association
Absence/Proxy form. Notification should be submitted no less than
twenty four hours prior to the meeting. If proper notification is not
given, the absence shall be unexcused except in unexpected or serious
situations by the Vice President.
5] Each committee chair shall be responsible for providing a written
committee report to the Vice President within a week of each meeting.
The Vice President shall be responsible for notifying the President or
their designee of any unexcused absences at Committee meetings.
6] It shall be the responsibility of the Vice President or their designee to
notify any Senators when he or she has received an unexcused absence
from a General Meeting of the Student Government Association, a
Student Senate Session or a committee meeting. Lack of notification,
though, shall not excuse a Senator who receives excessive unexcused
absences.
7] When a Senator has received unexcused absences in excess of the
number granted for committee meetings, Student Senate sessions, or
General Meetings of the Student Government Association, the Vice
President shall ask the Senator to resign before impeachment
proceedings begin.
Section 2.
Office Hours
1] All Senators shall maintain a minimum of five office hours per week
in the Student Government Association with at least one hour of work
occurring in the Student Government Association Office.
2] All Senators shall be required to post records of their completed office
hours in the Student Government Association Office in compliance
with the standard set forward by the Vice-President at the start of their
terms.
3] No Senator shall be allowed to maintain less than five hours per week
more than two times per semester, nor shall any Senator be allowed to
maintain an average of less than five office hours per week per
semester.
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4] It shall be the responsibility of the Vice President or their designee to
notify all Senators when they have failed to maintain or record a full
week of office hours. Lack of notification, though, shall not excuse a
Senator who receives excessive unexcused missed hours
5] When a Senator has failed to maintain the minimum number of office
hours for more than two weeks in a semester, the Vice President shall
ask the Senator to resign before impeachment proceedings begin.
6] Office Hours shall be defined as hours spent working on Student
Government Association related business. Time spent in general
meetings of the Student Government Association or a Senate session
shall not count as office hours.
7] In unexpected and serious situations, the Vice-President shall excuse a
Senator from his or her office hours.
Section 3.
Requirements
1] All Senators, within one month of taking office, shall attend a program
organized by the Vice President or their designee on Student Senate
procedure and Robert’s Rules of Order.
2] All Senators shall sign the job description contract for Senators within
one month of taking their oath of office. Each job description shall
acknowledge that the Senator has a working knowledge of the
Constitution of the Student Body of University of North Carolina
Asheville and its supplementary documents. Any Senator who has not
signed this contract within one month shall be eligible for
impeachment for nonfeasance.
Section 4.
Senate Procedure
1] Sessions of the Student Senate shall, at all times, follow explicitly the
rules and procedure as set forth in Robert’s Rules of Order, Newly
Revised with the following exceptions:
A) When they conflict with the Constitution of the Student Body
of the University of North Carolina Asheville and its
supplementary documents.
B) The agenda of all Student Senate sessions shall accommodate
the following schedule of business.
i)
Call to Order
ii)
Roll Call (to establish if quorum is present)
iii) Standing Committee reports
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Ad Hoc Committee reports
Consideration of Old Business
Consideration of New Business
Calls from the Floor
Calls from the Gallery
Informal Comments and Announcements
Adjournment
2] If a committee or commission of the Student Government Association
may have information or experience concerning the subject of a bill or
resolution before the Student Senate, the Student Senate may refer the bill
or resolution to that body for evaluation or recommendation. The body
shall then make a report to the Student Senate upon the date specified by
the Student Senate.
3] The Student Senate shall not consider legislation which may conflict
with the Constitution of the Student Body of the University of North
Carolina Asheville or its supplementary documents except when such
motions would amend or resolve to amend these documents.
4] All Senate Standing and Ad Hoc Committees shall be open to all
members of the Student Government Association. Only the Senators on
each committee shall be voting members. The rules and procedure of each
committee shall be established and enforced by the chair.
5] The Student Senate shall consider any and all appointments made by
the President or Vice President, which shall be introduced to the Student
Senate for consideration. No appointment shall be enacted without having
passed the Student Senate.
6] A library of all Student Government documents shall be maintained by
the legislative librarian and made available to all Student Government
Association members. All legislation shall be classified according to the
title, number, type and date. Each administration shall have completed the
library of all legislation presented during its term before the next
administration takes office.
7] All Senators shall be given the following documents after taking office:
1.
2.
3.
4.
The Constitution of the Student Body of the University of
North Carolina Asheville.
All Constitutional Amendments.
The Student Government Association By-Laws.
A blank copy of each form of legislation, including:
a.
Constitutional Amendment
b.
Formal Resolution
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c.
Vice Presidential Appointment
d.
Presidential Appointment
5.
All Executive and Legislative job descriptions
6.
Student Government Association Absence/Proxy Form
7.
Committee Meeting Report Form
8.
Organization Recognition Form
9.
Elected Position Application Form
10.
Appointed Position Application Form
11.
A printed list of names and dates of all former
administrations
12.
A guide to parliamentary procedure
13.
Approved budget for the current administration.
8] The Student Senate, by majority vote of its membership, shall have the
authority to request an investigation by the Student Affairs Office of the
expenditure of any or all Student Government funds pending an
investigation of the propriety or accounting of such funds. This
investigation shall be completed within fifteen days.
9] Quorum for all sessions of the Student Senate shall be two-thirds of the
sitting members of the Student Senate.
10] Prior to the distribution or allocation of any Student Government
Association funds, the allocation must be listed in the approved budget.
The Student Senate shall have the power to amend the Student
Government Association budget by a two-thirds vote. No funds shall be
allocated that have not been previously budgeted.
Section 5
Minutes
1] The Vice President or their designee shall be responsible for
maintaining minutes and publishing a written record of all Student Senate
sessions except sessions which have been moved into closed session,
which shall not be recorded in any manner. The written minutes shall be
included in the legislative library of each administration.
2] The Vice President or their designee shall be responsible for posting a
copy of the written minutes in the Student Government Association within
twenty four hours after approval.
3] Minutes of all Student Senate sessions shall be available for review by
the public, but shall not be removed from the Student Government
Association Office.
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4] Minutes of all Student Senate sessions shall be archived for a minimum
of four administrations.
Section 6.
Senate Rules of Order
1] Before a Senator may speak or make a motion, he or she must be first
recognized by the presiding officer of the Senate.
2] Senators shall direct all debate and/or questions through the Chair of the
Senate.
3] Senators shall avoid the use of the personal pronoun “you” and the use
of names of other members while in debate.
4] A “point of information” or “query to the speaker” must be directed
through the presiding officer to be recognized. The speaker may either
choose to yield to queries or refrain from being queried. The presiding
officer shall then allow the speaker to answer the query to continue in
debate.
5] Senators shall remain at their seats while votes are being taken. No
Senator shall be permitted to join the body while a vote is being taken.
6] Senators shall be prohibited from leaving the body without the consent
of the presiding officer. Any Senator who leaves the body without the
consent of the presiding officer shall be considered absent without excuse.
7] Any Senator who arrives after a roll call to a Student Senate session
shall be recognized by the presiding officer or the Parliamentarian as
having arrived and be recorded as present.
Section 7.
Voting Procedure
1] All votes on main motions shall be roll call votes.
2] Upon the request of one-fifth of the Senators present, a vote on any
motion shall be a roll call vote.
3] Results of roll call votes shall be recorded, and the votes in the
affirmative and the negative and the abstentions shall be announced. The
record of all roll call votes shall be included in the legislative library of
each administration.
4] All other votes shall be conducted by a show of hands. The votes in the
affirmative and the negative and the abstentions shall be announced.
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5] Results of all votes are recorded in the minutes.
6] A majority during any vote shall be constituted by a majority of the
Senators voting, with abstentions not considered votes. A two-thirds vote
shall be constituted by two-thirds of Senators voting with abstentions not
considered votes.
Section 8.
Impeachment Procedure
1] If allegations of malfeasance, misfeasance, or nonfeasance are made
against an individual currently serving in the Student Government
Association, the individual making those accusations must submit a
motion to the Senate calling for a trial of the accused. The individual
making the accusation and the individual being accused shall abstain from
voting on the motion to take up a trial.
2] The charges that an individual may be accused of shall be defined as
follows:
A] Malfeasance: the willful and purposeful disregard for the
Constitution and its supplementary documents, actively and
aggressively breaking the rules of the Student Government
Association.
B] Misfeasance: the failure to discharge ones duties in accordance
with the Constitution and its supplementary documents and
performing ones duties wrongly or insufficiently.
C] Nonfeasance: the failure to exercise the duties of an
individual’s office at all, failure to sign job description contract
within an acceptable amount of time following an individual’s
election or appointment
3] If the Senate takes up the motion by a simple majority vote, a trial will
convene at the next Student Senate session unless the Senate by a simple
majority vote agrees to schedule the trial for a different date. All trials
shall occur in closed session.
4] The Presiding Officer of the trial shall be the Vice President of the
Student Body unless the Vice President is the accused, in which case the
Parliamentarian shall act as the Presiding Officer of the trial.
5] If the Senate chooses to begin a trial against an individual, that
individual shall be released of their duties of their office until the
resolution of the trial. If their office is in the line of succession, their post
shall be filled by the individual below them until the resolution of the trial.
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6] The procedure for a trial shall be as follows:
A] An opening statement by the accuser
B] An opening statement by the accused
C] The accuser shall present evidence to substantiate the charges
against the accused.
D] The accused shall offer a defense of their actions and records.
E] Each Senator shall vote ‘guilty’ or ‘not guilty.’
7] If the Senate finds an individual guilty by a two thirds vote, that
individual shall be discharged from their office and ineligible to hold
future office in the Student Government Association. If the Senate decides
‘not guilty,’ that person shall immediate reassume the duties and
responsibilities of their office.
Section 9.
Constitutional Rulings
1] If an issue in the interpretation of the Constitution or its supplementary
documents arises during the debate over related motions, a Senator may
make a motion that the Student Government offers an official ruling on a
specific section of the document.
2] If such a motion is agreed to, the Senate shall lay the motion and any
motions it would affect aside for one week and when it reconvenes, debate
the motion so that it may issue a ruling.
3] The Senate shall, for the purposes of providing a clear and
understandable interpretation as future precedent, by unanimous consent
agree to a precisely worded statement outlining their specific
interpretation of the constitutional or supplementary document clause in
question.
4] Once this interpretation passes the Senate by unanimous consent, it
must go to the President who shall approve it.
5] If the President and Senate are in agreement over the specific wording
of the interpretation, it shall be recorded by the Legislative Librarian as an
addendum to the By-Laws for reference by future administrations. This
interpretation shall be considered a part of the law unless it is overriden by
a later ruling in the same manner as the first.
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Article II
Offices and Committees of the Legislative Branch
Section 1.
The Legislative Librarian
1]
The Legislative Librarian shall be a Senator of the Student
Government Association appointed by the Vice President of the
Student Body
2]
The Legislative Librarian shall serve a term of one calendar year or
until they have submitted a resignation for the office before the
Senate.
3]
The Legislative Librarian shall be responsible for the following
tasks:
A] Keeping the legislation of the current session of the Student
Government Association up to date and publically available during
the session.
B] Keeping the legislative records of previous administrations well
ordered and available in the Student Government Association
office.
C] Presenting legislation before the Senate by acting as the official
reader of legislation during a session of the Student Senate until
the suspension of the reading of a bill.
4]
Section 2.
The Legislative Librarian shall be eligible for the receipt of an
extra stipend to be added to their Senatorial stipend if they fulfill
the duties of their office for the duration of their term.
The Senate President Pro Tempore
1]
The Senate President Pro Tempore shall be a Senator of the
Student Government Association appointed by the Vice President
of the Student Body.
2]
The Senate President Pro Tempore shall serve a term of one
calendar year or until they have submitted a resignation for the
office before the Senate.
3]
The Senate President Pro Tempore shall be responsible for
A] Acting as the Presiding Officer of the Senate in the absence of
the Vice President of the Student Body
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B] Succeeding to the Vice Presidency of the Student Body if the
Vice President vacates that office for any reason.
Section 3.
The Clerk of the Senate
1]
The Clerk of the Senate shall be a Senator of the Student
Government Association appointed by the Vice President of the
Student Body.
2]
The Clerk of the Senate shall serve a term of one calendar year or
until they have submitted a resignation for the office before the
Senate.
3]
The Clerk of the Senate shall be responsible for
A] To keep records of attendance, accurate minutes, and any other
records of the Student Senate
B] To advise the Chief of Staff on clerical matters related to the
body of the Student Senate.
Section 4.
The Sergeant-at-Arms
1]
The Sergeant At Arms shall be a Senator of the Student
Government Association appointed by the Vice President of the
Student Body
2]
The Sergeant At Arms shall serve a term of one calendar year or
until they have submitted a resignation for the office before the
Senate.
3]
The Sergeant At Arms shall be responsible for the following tasks:
A] Carry out all orders of the Vice President during Senate
Meetings.
B] Maintain order in the meeting and other areas used for the
business of the Senate and its committees and divisions and
members
C] Supervise the entering and exiting from the Senate and the other
areas used for the business of the senate
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4]
Section 5.
The Sergeant At Arms shall be eligible for the receipt of an extra
stipend to be added to their Senatorial stipend if they fulfill the
duties of their office for the duration of their term.
The Parliamentarian
1]
The Parliamentarian shall be a Senator of the Student Government
Association appointed by the Vice President of the Student Body
2]
The Parliamentarian shall serve a term of one calendar year or until
they have submitted a resignation for the office before the Senate.
3]
The Parliamentarian shall be responsible for the following tasks:
A] Be available to all Senate members for questions
concerning parliamentary procedure
B] Attend all workshops for new Senators to give
instruction on parliamentary procedure
C] Ensure that all Senate meetings run according to
parliamentary procedure
4]
The Parliamentarian shall be eligible for the receipt of an extra
stipend to be added to their Senatorial stipend if they fulfill the
duties of their office for the duration of their term.
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Article III
The Executive Branch
Section 1.
Attendance
1] All Executives shall attend meetings of the Student Government
Association in accordance with a standard set by the Student Body
President at the beginning of their term of office.
2] All Executives shall attend all Executive Cabinet meetings but shall be
granted two unexcused absences per semester.
3] When it is necessary to be absent from a meeting (General meeting,
Executive Cabinet meeting, etc), executives shall notify the President or
their designee for such matters. Notification should be submitted no less
than twenty four hours prior to the meeting. If proper notification is not
given, the absence shall be unexcused except in unexpected and serious
situations.
4] It shall be the responsibility of the President or their Designee to notify
any Cabinet Official when he or she has received an unexcused absence
from a General meeting of the Student Government Association, the
President shall ask the Executive to resign before impeachment
proceedings begin.
5] When an Executive has received unexcused absences in excess of the
number allowed for Executive Cabinet meetings of General meetings of
the Student Government Association, the President shall ask the Executive
to resign before impeachment proceedings begin.
Section 2.
Office Hours
1] The Chief of Staff shall maintain a minimum of ten hours per week in
the Student Government Association Office with at least two-thirds being
performed during regular office hours. Time spent in Executive Cabinet
meetings of the Student Government Association shall not count as office
hours.
2] The President and Vice President shall maintain a minimum of fifteen
hours per week in the Student Government Association Office, with at
least one half being performed during regular office hours. Time spent in
Executive Cabinet meetings of the Student Government Association shall
not count as office hours.
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3] All Executives shall maintain a minimum of ten hours per week in the
Student Government Association Office, with at least one third being
performed during regular office hours. Time spent in Executive Cabinet
meetings of the Student Government Association shall not count as office
hours.
4] All Executives are responsible for providing a weekly report on the
completion of their office hours to the Student Body President in
accordance with the standard set by the President at the beginning of their
term.
5] No Executive shall maintain less than the minimum number of required
office hours more than twice per semester.
6] It shall be the responsibility of the President or their designee to notify
all Executives when they have failed to maintain or record a full week of
office hours. Lack of notifications, however, shall not excuse an Executive
who repeatedly fails to maintain office hours.
7] When an Executive has failed to maintain the number of office hours
for more than two weeks in a semester, the President shall ask the
Executive to resign before impeachment proceedings begin.
8] Office Hours shall be defined as hours spent working in the Student
Government Association Office or time spent outside the office doing
Student Government Association business.
9] Regular Student Government Association Office hours shall be from
8:00 AM to 11:00 PM, Monday through Friday.
10] In unexpected and serious situations, the President shall excuse an
Executive from his or her office hours.
Section 3.
Requirements
1] All Executives shall sign their job description within one month of
taking their oath of office. The assigned signature shall be an assurance
that each Executive is aware of the duties of his or her office. Each job
description shall acknowledge that the Executive has a working
knowledge of the Constitution of the Student Body of the University of
North Carolina Asheville and its supplementary documents have been read
and understood. Any Executive who has not signed his or her job
description shall be eligible for impeachment for nonfeasance.
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2] The President shall administer the Oath of Office to all Executives
unless otherwise specified in the Constitution of the Student Body of the
University of North Carolina Asheville. The Oath of Office shall be
administered to an Executive during the first General meeting following
Senate approval of his or her appointment.
Section 4.
General Session Procedure
1] The agenda of each General Meeting of the Student Government
Association shall be set by the President, but shall include a roll call.
2] All Executives shall be given the following:
5.
The Constitution of the Student Body of the University of
North Carolina Asheville.
6.
All Constitutional Amendments.
7.
The Student Government Association By-Laws.
8.
A blank copy of each form of legislation, including:
a.
Constitutional Amendment
b.
Formal Resolution
c.
Vice Presidential Appointment
d.
Presidential Appointment
5.
All Executive and Legislative job descriptions
6.
Student Government Association Absence/Proxy Form
7.
Committee Meeting Report Form
8.
Organization Recognition Form
9.
Elected Position Application Form
10.
Appointed Position Application Form
11.
A printed list of names and dates of all former
administrations
12.
A guide to parliamentary procedure
13.
Approved budget for the current administration.
3] The President or their designee shall keep a record of all Executive
Cabinet meetings. The written record shall be included in the legislative
library of each administration.
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Article IV
Offices of the Executive Branch
Section 1.
Hiring Procedure
1] Before appointing Executive Positions, the President of the Student
Body shall advertise vacant Executive Positions and conduct interviews of
all applicants for said positions.
Section 2.
The Chief of Staff
1] The Student Government Association Chief of Staff shall be a student
at the University of North Carolina Asheville and shall be appointed by
the President of the Student Body.
2] The Chief of Staff shall serve a term of one calendar year or until their
resignation has been submitted to the Student Senate.
3] The Chief of Staff shall have the power:
A] To call and preside over all Student Government Association
Budget Committee meetings and to enforce the rules of its
proceedings. The Budget Committee shall consist of the President
of the Student Body, the Vice President of the Student Body and
another person deemed necessary by the Chief of Staff. This
committee shall develop and periodically review the fiscal budget
of the Student Government Association.
B]The Chief of Staff may request the appointment of an Office
Manager to assist in the management of duties, during which case
the duties would be split in half--including office hours)
4] The Chief of Staff shall be required:
A] To coordinate the maintenance and operation of the Student
Government offices between the Executive and Legislative
Branches.
B] To coordinate the maintenance, operation and disbursement of
Student Government financial accounts and budgets in cooperation
with the President of the Student Body.
C] To keep records of attendance, accurate minute and any other
records of the Executive Cabinet and Student Senate.
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Section 3.
Elections Staff
1] The Elections Commissioner shall be a student at the University of
North Carolina Asheville and shall be appointed by the President of the
Student Body.
2] The Elections Commissioner shall serve a term of one calendar year or
until their resignation has been submitted to the Student Senate.
3] The Elections Commissioner shall have the power:
A] To call and preside over meetings of the Elections Commission
and to enforce the rules of its proceedings.
B] To investigate and report campaign impropriety at such times
when necessary.
4] The Elections Commissioner shall be required:
A] To coordinate all elections of the Student Government
Association in compliance with the Student Government
Association Constitution and By-Laws
5] The Elections Commission shall consist of eight student members and
the Elections Commissioner.
A] The Elections Commission shall have the Elections
Commissioner as a presiding officer, and they shall not cast a vote
unless the Commission is equally divided.
B] The Elections Commission shall meet at intervals determined
by the Elections Commissioner.
C] The Elections Commission shall have the power to establish the
procedures for Student government Association pursuant to student
law as described by this Constitution and By-laws.
Section 4.
Executive of External Affairs
1] The Executive of External Affairs shall be a student at the University of
North Carolina Asheville and shall be appointed by the President of the
Student Body.
2] The Executive of External Affairs shall serve a term of one calendar
year or until their resignation has been submitted to the Student Senate.
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3] The Executive of External Affairs shall have the power:
A] To act as a liaison between any and all community contacts
outside the University and the Student Government Association.
4] The Executive of External Affairs shall be required:
A] To report weekly on the Status of any and all legislation in the
North Carolina General Assembly and United States Congress
pertaining to education and students in general to the Student
Senate.
B] To be responsible for any and all community involvement,
including sponsorship and participation, for all Student
Government Association official functions.
Section 5.
Executive of Internal Affairs
1] The Executive of Internal Affairs shall be a student at the University of
North Carolina Asheville and shall be appointed by the President of the
Student Body.
2] The Executive of Internal Affairs shall serve a term of one calendar
year or until their resignation has been submitted to the Student Senate.
3] The Executive of Internal Affairs shall have the power:
A] To serve as the Student Government Associations liaison to
Faculty Senate.
B] To act as the Student Government’s liaison to other University
organizational/departments.
4] The Executive of Internal Affairs shall be required to:
A] To attend to any duties as prescribed by the Student Body
President.
Section 6.
Executive of Multicultural Affairs
1] The Executive of Multicultural Affairs shall be a student at the
University of North Carolina Asheville and shall be appointed by the
President of the Student Body.
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2] The Executive of Multicultural Affairs shall serve for the full term of
the Student Body President or until their resignation has been submitted to
the Student Senate.
3] The Executive of Multicultural Affairs shall have the power:
A]To act as a liaison between any and all University
organizational/departments related to multicultural affairs.
4] The Executive of Multicultural Affairs shall be required:
A]To serve as the Student Government Association's liaison to
Diversity Action Council
Section 7.
Executive of Sustainability Affairs
1] The Executive of Sustainability Affairs shall be a student at the
University of North Carolina Asheville and shall be appointed by the
President of the Student Body.
2] The Executive of Sustainability Affairs shall serve for the full term
of the Student Body President or until their resignation has been
submitted to the Student Senate.
3] The Executive of Sustainability Affairs shall have the power:
A] To act as a liaison between any and all other University
organizational/departments related to environmental and
sustainability affairs.
4] The Executive of Sustainability Affairs shall be required:
A] To act as the Student Government Association's liaison between
the Student Environmental Center and other environmentally
oriented student organizations
Section 8.
Executive of Public Relations
1] The Executive of Public Relations shall be a student at the
University of North Carolina Asheville and shall be appointed by the
President of the Student Body.
2] The Executive of Public Relations shall serve for the full term of the
Student Body President or until their resignation has been submitted
to the Student Senate.
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3] The Executive of Public Relations shall have the power:
A] To serve as the Student Government Association's liaison to the
Blue Banner.
4] The Executive of Public Relations shall be required:
A] To serve as the Student Government Association's liaison to the
University/Student Body.
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Article V
Election Procedure and Regulations
Section 1.
Eligibility
1] Within two working days after the deadline for filing election
applications, each registered candidate shall be notified by the Elections
Commissioner of his or her eligibility or ineligibility.
2] If a candidate for office has a cumulative GPA of less than 2.0 but
greater than or equivalent to 1.85, the Elections Commission shall meet to
determine the candidate’s eligibility status. If the Elections Commission
determines that extenuating circumstances have contributed to the
substandard GPA, the candidate shall be allowed to run for office.
However, should the candidate be elected and his or her GPA not be raised
to a 2.0 when computed by the Registrar at the end of the spring semester,
then the officer shall be declared to be ineligible to hold office.
Section 2.
Candidate Requirements
1] All candidates for office, their campaign managers, and anyone openly
campaigning for any candidate, shall not work at the election polls.
2] All candidates must abide by the Constitution of the Student body of
the University of North Carolina Asheville and its supplementary
documents.
3] Campaign managers for registered candidates must be registered with
the Elections Commission and must abide by the Constitution of the
Student Body of the University of North Carolina Asheville and its
supplementary documents. A campaign manager shall be defined as
anyone who actively coordinates the planning and implementation of a
registered candidate’s campaigning activities. It shall be the responsibility
of the registered candidate to ensure that his or her campaign manager(s)
have read and understood the elections procedures.
4] Any candidate who has a campaign manager and who fails to register
him or her with the Elections Commissions shall be disqualified.
Section 3.
Elections Commission Duties.
1] The members of the Elections Commission shall establish and maintain
polling places in accordance with the Constitution of the Student Body of
the University of North Carolina Asheville.
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2] All persons who are eligible to vote must be present with a valid UNCA
student ID before voting.
3] The members of the Elections Commission shall ensure that all
elections procedures are followed during elections.
4] The members of the Elections Commission shall assist the elections
Commissioner in execution of the duties of his or her office.
5] The members of the Elections Commission shall provide at least one
open forums for candidates prior to the spring election and at least one
open forum for candidates prior to the election of freshman in the fall.
These forums must be on campus in areas designated as open to the
public.
6] The Elections Commission shall take down any campaign flyers,
banners, etc. from polling sites on the day elections begin, prior to the
opening of the polls.
7] The quorum for meetings of the Elections Commission, including the
Elections Commissioner, shall be two-thirds.
Section 4.
Violations of Elections Procedures
1] There shall not be any prohibitions on the size, type, or message of a
printed sign other than the general limits on obscenity and truthfulness in
campaigning.
2] Advertisements shall not be placed on glass doors or glass partitions in
any building.
3] The Elections Commission shall destroy all signs or campaign materials
that do not abide by elections procedures.
4] Any candidate whose campaigning causes damage to university
facilities during the campaign shall be held responsible by the University
for any Damage caused to the facilities during the campaign.
5] Any candidate or campaign manager of a candidate who destroys the
campaign materials of any other candidate shall be in violation of
elections procedure.
6] Any candidate who directs any other person to destroy the campaign
materials of another candidate shall be in violation of elections procedure.
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7] Any candidate who is seen in the company of another person while said
person is actively destroying the campaign materials of another candidate
and does not act to prevent the destruction shall be in violation of elections
procedure.
8] Campaign materials shall not be placed on the same floor of any
building where a polling site is located. Materials may be placed there
prior to the elections but must be removed prior to the opening of the
polling site.
9] No campaigning of any kind shall take place in academic classrooms,
with the exception of a statement of candidacy. No posters or active
recruitment shall be made within the perimeters of a classroom.
10] There shall be no campaigning of any kind by anyone at a polling site.
Any person who campaigns at a polling site shall be in violation of
elections procedure.
Section 6.
Campaign Expenses
1] All candidates are allowed to spend a maximum of fifty dollars on their
campaign materials. All candidates shall be allowed to seek sponsorship
from individuals, on-campus organizations and off-campus organizations
to defray their personal cost, but these contributions must be deducted
from the fifty dollar campaign expenses.
2] Sponsorship shall be defined as the giving of assistance in the form of
direct funding, indirect funding, material grants and/or publicity.
3] Registered candidates must register with the Elections Commission any
individual or organization which is sponsoring a candidate in a direct or
indirect manner. Failure to register a sponsor is a violation of elections
procedure.
4] The value of material grants and publicity shall be set at the public cost
of obtaining these identical goods and services.
5] Failure to maintain adequate records of expenditures shall result in an
official investigation of any candidate’s campaign practices and shall be a
violation of elections procedure.
6] Receipts shall be accompanied by a completed Budget Expense Form.
The Elections Commission shall not accept receipts without the completed
budget expense form.
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7] All candidates shall submit their receipts and completed Budget
Expense Forms to the Elections Commission within twenty four hours of
the closing of the polls. Any candidate who fails to submit this
information shall be ineligible to hold office if elected.
Section 7.
Ballots
1] All candidate’s names shall be listed alphabetically with the first name
first. The first name used on the ballot shall be chosen by the candidate.
Section 8.
Rules and Regulations
1] The Elections Commission shall plan mandatory rules and regulations
meeting before campaigning may begin.
2] The Elections Commissioner shall notify all registered candidates of all
pending Elections Commission meetings.
3] All registered candidates and campaign managers shall attend the rules
and regulations meeting and any other meetings called by the Elections
Commission. Any registered candidate who has not been excused and
does not attend a meeting called by the Elections Commission and has not
been excused by the Elections Commissioner shall be disqualified.
4] Any write-in candidate who wins an election shall be held responsible
or submitting to the Elections Commission a completed Budget Expense
Form and accompanying receipts within the twenty four hours after being
notified of the election results by the Elections Commissioner. Write-in
candidates shall be allowed to spend a maximum of fifty dollars on their
campaign materials.
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Adopted by the Student Senate on the 15th day of September Two Thousand and Ten.
Legislative Librarian Approval
Nicole McGaha
Legislative Librarian
Vice Presidential Approval
Rachel Whaley
Student Government Vice-President
Administrative Approval
__________________________________
Dr. Bill Haggard
Vice Chancellor Student Affairs
Office Manager Approval
Halcy Garrett
Chief of Staff
Presidential Approval
Courtney V. Galatioto
Student Government President