Elections

Section 1. Preface

1. Under the express jurisdiction of Section 5.1.9 of the Student Association Bylaws, this document, the Student Election Code (SEC), is effective upon passage on February 26, 2024, and remains effective until a new code is passed on or before the start of the voting period for the 2024 Winter General Election.
2. This code may be amended only by a duly passed act of legislation before the Association.
3. This document governs all elections in which it has effect, including (but not limited to) the 2024 Student Association General Election and the 2024 Student Association Fall Election.
4. Upon approval, the SEC becomes a public document and must be accessible to all candidates for elected office.
5. As legislation before the 2023–2024 Student Association, this Bylaws-mandated document has full force and power of the Bylaws.
6. Pursuant to Section 5.1.9 of the Student Association Bylaws, the SEC includes all provisions of that section and must not conflict with any provision of the Student Association Charter.
7. Beginning with the 2024 SEC, the President must call an ad-hoc committee at least 21 days before any general election to propose amendments and/or submit legislation for passage of the annual SEC.

Section 2. Eligibility to Run for Elected Office

1. Eligibility to run is limited to those enrolled as students at Saginaw Valley State University during the entire term of office with a minimum of six credit hours per semester. Failure to remain enrolled (except during spring or summer) results in automatic forfeiture of the office.
2. Candidates must have maintained a cumulative GPA of 2.25 or higher (institutional GPA or calculated cumulative GPA in the current degree program). Incoming freshmen and transfer students are exempt during their first academic term at SVSU.
3. No candidate may be elected to the office of President more than twice.

Section 3. Eligibility to Vote

1. All students enrolled in a course or courses at Saginaw Valley State University on the date of an election are eligible to vote.

Section 4. Role of the University Election Commission Subject to the SEC

1. Elections of the Association are run by the University Election Commission, which enforces university policy for Association-sponsored elections in conjunction with governing documents. Where it does not conflict with university policy or administrative rules, the Student Association reserves the right to govern its election procedure through this SEC.

Section 5. Term of Office

1. The term of office begins and ends at the closure of the final commencement exercises following the Winter Semester. Elections held prior elect members to the Association-Elect.
2. The 2023–2024 term begins May 7, 2023 and ends May 12, 2024.
3. The 2024–2025 term begins May 13, 2024 and ends May 10, 2025.
4. If commencement is not physically held, the term begins and ends on the date of the last scheduled commencement exercises in the Academic Calendar, or the day final grades are due to the Registrar (whichever is later).

Section 6. Rights to Judicial Review

1. Review of Student Association documents and election procedures follows the judicial review structure in the Student Association Bylaws, where jurisdiction is not subject to established law, university policy, or administrative rule.
2. Judicial review may nullify any SEC or election process that conflicts with the Student Association Charter.

Section 7. Rights of Students to Propose Initiatives and Referendums

1. Students eligible to vote may submit ballot questions provided the action follows Charter procedures.
2. Referendums and initiatives that require an election will be placed on the ballot alongside election requirements, or may be granted a special election with concurrence of the House.

Section 8. Rights of the Association to Propose Charter Amendments and Ballot Questions

1. The House of Representatives may propose amendments to the Charter following Charter procedure.
2. The House may propose ballot questions for submission to the student body following Bylaws procedure.
3. Questions requiring an election will be placed on the ballot alongside election requirements, or may be granted a special election with concurrence of the House.

Section 9. Scheduling of Elections

1. The General Election is conducted during the winter semester no earlier than March 14 and no later than the end of the current term. The voting period begins no earlier than March 14, 2024 and no later than May 6, 2024.
2. For the 2024 General Election, voting begins at 9:00 pm on Wednesday, March 20, 2024 and ends at 9:00 pm on Wednesday, March 27, 2024.
3. Within the first three weeks of the Fall Semester, the Association holds the Fall Election to fill vacancies as called by the President.
4. The President of the 2024–2025 Student Association schedules the 2024 Fall Election voting period to begin no earlier than August 26, 2024 and end no later than September 26, 2024.
5. The House of Representatives may act to schedule a special election.

Section 10. Maximum Size and Allocation of the Association

1. The total number of Representatives may not exceed thirty (30).
2. One (1) Representative seat is reserved for an international student.

Section 11. 2024 General Election Bylaws Mandated Provisions

1. The 2024 General Election elects one (1) President and twenty-four (24) Representatives to the 2024–2025 Student Association.
2. Eligible students may run for President and Representative simultaneously.
3. If a student is elected to both President and Representative, the student concedes all votes for Representative and the twenty-fifth (25th) candidate for Representative takes office.
4. If a tie occurs in the General Election:
   • For the 24th Representative seat, the other 23 newly elected Representatives cast a deciding simple majority vote in a secret ballot after presentations by the candidates.
   • For President, the 24 newly elected Representatives cast a deciding simple majority vote in a secret ballot after presentations. If the vote is split 50–50, the current Speaker casts the deciding vote. If the Speaker is a tied candidate, the current Parliamentarian casts the deciding vote. If both Speaker and Parliamentarian are tied candidates, the newly elected Association determines a fair process to choose the next President.

Section 12. 2024 Fall Election Bylaws Mandated Provisions

1. The 2024 Fall Election elects five (5) Representatives who were not eligible to run in the General Election, plus an undetermined number to fill vacancies from the General Election or other reasons described in the Bylaws.
2. If a tie occurs in the Fall Election, the Association uses the Bylaws tie-breaking process adapted to the number of seats.

Section 13. Process for Votes and Tabulation

1. The University Election Commission administers electronic balloting and tabulation.
2. Candidates may appeal for a formal review if they find a discrepancy with tabulation.
3. Automatic review occurs if the President result is within 0.5% or a Representative result is within 0.25%.
4. If a formal review does not sustain the initial result or shows substantial deviation, the University Election Commission and the Student Association judicial review process decide on and administer a hand recount.

Section 14. Certification and Announcement of Election Results

1. The University Election Commission certifies results and notes any required review. Nondisputed results may be certified while review occurs.
2. Certified results are given to the highest-ranking official of the current Student Association who is not running in the election. Ranking order: President, Speaker, Parliamentarian, Ombudsman, Public Information Officer, longest-serving Bylaws-level leader, longest-serving Representative.
3. The highest-ranking official not running certifies the election on behalf of the Association and announces results to all candidates.
4. Certified results are transmitted to the Board of Control confirming election of the President for the next term.
5. For the 2024 General Election, results are announced at 1:00 pm on Thursday, March 28, 2024.
6. For the 2024 Fall Election, results are announced as called by the President.

Section 15. Application for Ballot Access

1. Presidential candidates must gather 100 petition signatures on a nominating petition to be placed on the ballot.
2. Nominating petitions may be paper or electronic.
3. On-campus campaign date restrictions are exempt solely for collecting petition signatures.
4. For the General Election, petition signing does not begin until 8:00 am on March 11, 2024.
5. Maintaining petitions is at the discretion of the University Election Commission and the President.

Section 16. Withdrawal from the Ballot

1. No candidate may withdraw from the electronic ballot within 24 hours of the start of the voting period.

Section 17. Participation in Mandatory Candidate Events

1. Candidates for President and Representative must attend the mandatory campaign meeting scheduled by the University Election Commission. If unable to attend, accommodations must be fair and just to all candidates.
2. Presidential candidates must participate in the Presidential Debate scheduled for Wednesday, March 20, 2024. If there is only one Presidential candidate, the debate will not occur.

Section 18. Public Identity of Candidates

1. All material submitted through the election process is considered public documents.
2. Candidate identity and submitted content is openly available to university officials, the university press, and other public agencies.

Section 19. Voter Guide or Information

1. The Public Information Officer (or other authorized person) may share public and non-campaign election materials, resources, and content.

Section 20. Legality of Actions

1. The Student Association and University Election Commission prohibit illegal actions in campaigns and may turn over unlawful material or knowledge to university authorities or appropriate governmental jurisdiction.

Section 21. Prohibition of Candidates using SVSA Resources

1. Candidates may not use Student Association resources (physical, financial, or digital), including office supplies, logos, letterheads, or money.

Section 22. Procedural Campaign Rules

1. The University Election Commission may establish additional rules for campaign season, provided candidates receive advance written notice.
2. No one may campaign on campus until the mandatory campaign meeting is completed or official campaign rules have been provided by the Commission.
3. Campaign materials may not be physically posted and left unattended outside of designated parameters set by the Commission.

Section 23. Campaign Finance Regulations

1. Presidential candidates are limited to $500 in total campaign expenditures during an election cycle.
2. Representative candidates are limited to $100 in total campaign expenditures during an election cycle.
3. Candidates must provide receipts for campaign-related expenses to the University Election Commission.
4. Candidates must not spend more than $2 in value on any single item given to any person eligible to vote, except if given to an agent of a candidate’s campaign.
5. Candidates must not give cash or other liquid assets (regardless of value) as part of campaign activity to eligible voters.
6. Candidates must not give controlled substances as part of campaign activity to eligible voters.
7. A candidate running for President and Representative in the same election is limited to the President campaign finance restrictions only.
8. No single campaign material may be considered a violation of more than one rule.

Section 24. Agents of a Candidate’s Campaign

1. Anyone working on a candidate’s campaign is considered an agent of the campaign.
2. Agents are subject to the same campaign regulations as candidates.
3. Liability for an agent’s violation of the SEC rests with the candidate.
4. Candidates may submit notice that an individual is not an agent; if accepted, the campaign is no longer liable for that person’s actions. If contact resumes, the notice is voided and liability resumes.
5. Anyone banned from working on a campaign must cease all activity on behalf of that campaign.
6. A list of banned individuals acting as false agents is reviewed through judicial review; confirmed violations may result in internal discipline or censure.

Section 25. Violations of the SEC

1. Violations are recorded through a demerit point system.
2. Three (3) demerit points result in disqualification of a candidate.
3. Demerit points may be assigned by the University Election Commission.
4. Demerit points may be appealed to the Student Association judicial review procedure.
5. All violations receive one (1) demerit point except:
   • Two (2) demerit points for violations of Sections 17 and 21.
   • Three (3) demerit points for violations of Sections 20 and 23 (Clauses 1 and 2 only).

Section 26. Liability for Breach of the SEC

1. All candidates must be provided a paper or digital copy of the SEC.
2. By receiving this document, a candidate agrees they understand the terms and conditions of the SEC as a candidate for elected office.

Appendix A. Definitions

Agents or Agents of a Campaign

Any individual committing time, energy, or resources, including as an unpaid volunteer, for a candidate’s campaign.

Campaign Expenditures

Any money spent by a campaign or campaign committee on the election through purchase of physical or digital campaign materials. This includes campaign literature, paid social media posts, items or resources given to agents, radio, television, newspaper or other periodical ads, billboards, t-shirts or other clothing items, food, beverage, posters, flyers, banners, buttons, stickers, or any promotional item given to voters.

Elected Office

Any position sought through the election, including President and Representative of the Student Association.

Liquid Asset

An owned item that can quickly be converted into cash while retaining market value. Includes cash, funds in savings or checking, liquid investment funds, and (for this document) gift cards and vouchers.

Running for Elected Office

The action of any person as a candidate or attempting to gain ballot access.