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TITLE VII - STUDENT BODY STATUTES | |
ELECTIONS | |
TABLE OF CONTENTS: | |
CHAPTER 700 - STUDENT GOVERNMENT ELECTION CODE | |
CHAPTER 710 - THE SUPERVISOR OF ELECTIONS ACT | |
CHAPTER 720 - THE ELECTIONS COMMISSION ACT | |
CHAPTER 730 - THE ELECTION QUALIFICATION ACT | |
CHAPTER 740 - THE POLITICAL PARTIES ACT | |
CHAPTER 750 - THE ELECTION FINANCE ACT | |
CHAPTER 760 - THE ELECTION CAMPAIGN ACT | |
CHAPTER 770 - THE GENERAL ELECTION ACT | |
CHAPTER 780 - THE ELECTION TABULATION AND VALIDATION ACT | |
CHAPTER 790 - STUDENT GOVERNMENT INITIATIVE AND REFERENDUM ACT | |
CHAPTER 700 STUDENT GOVERNMENT ELECTION CODE (75-122, 75-188, 76-177, 76-118, 76-119, 76- | |
120, 76-121, 76-127, 76-160, 76-165, 76-174, 77-132, 78-122, 78-128, 78-170, 78-190, 79-129, 79-159, 79-180, | |
80-129, BOM Petition 100280, 81-131, 81-203, 81-108, 81-147, 81-157, BOM Petition 03582, 82-104, 82-146, | |
83-164, 83-172, 83-199, 84-101, 84-171, 85-159, 86-148, 87-153, 87-160, 88-129, 88-143, 89-103, 90-144, 90- | |
163, 91-119, 91-126, 92-109, 92-113, 94-103, 94-123, 95-107, 95-119, 96-101, 96-124, 96-131, 96-134, 97-101, | |
98-100, 98-106, 98-110, 98-122, 99-125, 2000-116, 2000-117, 2000-120, 2000-137, 2000-141, 2001-110, 2002- | |
144, 2004-116, 2005-138, Spring 2006 Ballot Initiative, 2006-123, 2006-124, 2006-129, 2007-103, 2007-109, | |
2009-101, 2010-100, 2011-100, 2011-115, 2011-116, 2012-101, 2012-107, 2013-SC: Students Party v. Swamp | |
Party, 2013-111, re: “MERWITZER I”, 2020-1024, 2020-1043, 2020-1067, 2021-109). | |
700.1 | |
Sections 700.001 through 790.999 shall be known as the "Student Government Election Code". | |
700.2 | |
The Student Government Election Code shall be arranged by subject matter in ten (10) parts, | |
each composed of numerically designated sections, according to the following scheme: | |
Part I (Sections 700.001-709.999) General Provisions | |
Part II (Sections 710.001-719.999) Supervisor of Elections Act | |
Part III (Sections 720.001-729.999) Elections Commission Act | |
Part IV (Sections 730.001-739.999) Election Qualification Act | |
Part V (Sections 740.001-749.999) Political Parties Act | |
Part VI (Sections 750.001-759.999) Election Finances Act Part | |
VII (Sections 760.001-769.999) Election Campaign Act Part | |
VIII (Sections 770.001-779.999) General Election Act | |
Part IX (Sections 780.001-789.999) Election Tabulation and Validation Act | |
Part X (Sections 790.001-799.999) Student Government Initiative and Referendum Act | |
700.3 | |
Student Government shall make every effort to comply and follow standards set forth in Florida | |
Law governing elections. This shall include, but not be limited to: the review of the rules | |
governing standards and certification of voting systems, the adoption of rules to achieve and | |
maintain the maximum degree of correctness, impartiality, and efficiency of the procedures of | |
voting, including write-in voting, and of counting, tabulating, and recording votes by voting | |
systems used in Student Government elections; the security standards for voting systems, and the | |
authorization and approval of the registration process for voter identification. | |
700.4 | |
The following words and phrases when used in 700.001 to 790.999 shall have the meaning as | |
ascribed to them in this section: | |
(a) “Absent elector” means any qualified elector who applies for an absentee ballot | |
pursuant to statutes 714.1 and 775.0 and casts a ballot prior to the tabulation of the | |
election results, pursuant to statute 775.1. Every qualified elector has the right to be an | |
absentee elector and vote by absentee ballot. | |
(b) “Ballot” means that printed sheet of paper or secure online database containing the names | |
of candidates, or a statement of proposed constitutional amendments, initiatives or referendum | |
questions or any other propositions submitted to the electorate at any election on which sheet | |
of paper or in which secure online database an elector casts a vote. A | |
“ballot” also means a Scantron computer card used for the same purposes. | |
(c) “Benefit” shall be defined as any material used for the purpose of campaigning that | |
does not pertain to the election and is meant to sway or persuade individual voters. | |
Examples of benefits shall include but are not limited to food, candy, and gifts. | |
(d) “Campaigning” means any intentional action in support of, or in opposition to, a | |
candidate or political party for an elective student body office, including, but not limited | |
to the distribution of literature and posting of election specific materials. “Campaigning” | |
does not include maintaining a website excluded to providing general information about | |
the party and party members, or wearing campaign material, as defined in 700.4(f), a | |
campaign shirt, a button, an emblem or similar paraphernalia, unless accompanied by the | |
dissemination of campaign literature or the delivery of a campaign speech to solicit | |
support for a candidate or political party. “Campaigning” also does not include internal | |
administrative work to prepare for a campaign that is not directly intended to influence | |
voters. | |
(e) “Campaign Activity” will be interpreted as interchangeable with “Campaigning” and | |
will be interpreted as having the full meaning ascribed in § 700.4(d) as per 2013-SC: | |
Students Party v. Swamp Party decision. | |
(f) “Campaign Material” means any print or electronic material used for the purpose of | |
supporting a candidate or political party for an elective Student Body office, an initiative, | |
a referendum question or proposed constitutional amendment. “Campaign material” shall | |
include, but not be limited to, fliers, banners, posters, placards, electronic mail internet | |
posts, and clothing. | |
(g) “Campaign Websites” may include party roster, party contacts, a list of former | |
accomplishments, and general, non-election-specific information. | |
(h) “Candidate” means any person who has qualified their name placed on a ballot for | |
elective office in a Student Government election, or any qualified person eligible for | |
elective office seeking election to such office by write-in votes. | |
(i) “Days” means calendar days unless otherwise specified. | |
(j) “Disqualify” means: | |
(1) the Supervisor of Elections removes a candidate or political party from the | |
ballot, or | |
(2) the Supervisor of Elections does not forward a candidate's name to the Senate | |
for approval, or | |
(3) the Supreme Court declares a candidate or political party ineligible for elective | |
office due to violations of the Student Government Election Code or other | |
applicable law, or (4) the Supreme Court declares a candidate ineligible to qualify | |
or ineligible on any other basis that would infringe on that person's ability to hold | |
office. | |
(k) “Door-to-door Campaigning” means any campaigning which requires the attracting of a | |
resident's attention by knocking on the door of a residence or non-University building or | |
requesting entry into an apartment, house, residence hall, or similar residential building. | |
(l) “Election cycle” means the time from the beginning of the informational meeting held | |
by the Supervisor of Elections pursuant to 713.0 until validation of the election by the | |
Student Senate. | |
(m) “Election Official” or “Polling place supervisor” means those individuals designated | |
by the Supervisor of Elections to supervise the poll workers and conduct the election at a | |
polling place or precinct. | |
(n) “Elector” means any student in the current term at the University of Florida, as | |
outlined in Article II Section 1 of the Student Body Constitution. | |
(o) “Electronic method of voter identification” shall be defined as any internet connected | |
device verifying identity through the use of an electronically encrypted user identification | |
system that is utilized by a majority of the University sanctioned electronic applications, | |
including but not limited to Gator Link identification. Successful verification using the | |
electronically encrypted user identification system must be followed by an additional method | |
of electronic user verification, including but not limited to secret questions and responses | |
which may be verified against private University Registrar records. | |
(p) “Electronic voting means a voting system that uses mechanical devices, including | |
computers, to record, transfer and tally votes to determine voter intent. This system shall | |
be limited to the use of devices under the direct control and supervision of the Elections | |
Commission. | |
(q) “Enactment” means formal approval by the appropriate University Administrative | |
authority. | |
(r) “Fall General Election” means the election held during the fall semester to fill Student | |
Government offices and to vote on initiatives of law or referendum questions. | |
(s) “Initiative” means a ballot vote proposing to revoke, amend, or adopt Student Body | |
Law. | |
(t) “Internet Online Voting” means a voting system that allows voters to cast ballots | |
from any and all devices connected to the internet, with the exception of devices used | |
for Secure Location Electronic Voting. Internet Online Voting is unconstitutional and | |
may not be utilized in Student Government elections. | |
(u) “Mode of transportation” shall include automobiles, bicycles, buses, scooters, or any | |
other means of transportation. | |
(v) “Notice” means oral or written contact by the Supervisor of Elections, any Elections | |
Commissioner, the Student Senate or any other Student Body officer to any person intended | |
to be subject to that notice. Telephone messages will not be considered “notice.” | |
(w) “Official School Holiday” means any day the university administration recesses | |
classes during any academic term. | |
(x) “Polling Location” means a location under the direct supervision and control of the | |
Elections Commission. | |
(y) “Poll Worker” means an individual hired to assist in the duties of conducting the | |
election at a particular precinct or polling place. | |
(z) “Qualify” means the submitting of a candidate affidavit, a certification of good | |
standing and any other necessary forms with the Supervisor of Elections. | |
(aa) “Queue of voters” shall be defined as a physical line of electors waiting to enter | |
a voting booth. | |
(bb) “Referendum question” means an issue stated in the form of a question that shall | |
be considered, when answered by the Student Body, to have the power of a resolution | |
of Student Government. | |
(cc)“Run-Off Election” means the election held on the first Tuesday and Wednesday after a | |
Spring General Election involving only the top two vote recipients where no candidate for that | |
office has received a majority of the votes cast for one of the campus-wide Student Government | |
offices. Write-in ballots shall not be provided in run-off elections. | |
(dd)“Secure Location Electronic Voting” means a voting system that allows voters to cast | |
a ballot electronically from a fixed location on campus under the direct supervision and | |
control of the Elections Commission and in accordance with | |
(ee)”Sample Ballot” means an electronic copy of what the actual ballot will look like, | |
including candidates, referendums, and instructions. | |
(ff)“Spring General Elections” means the election held during the spring semester for the | |
purpose of filling Student Government offices and voting on proposed constitutional | |
amendments, initiatives of law, or referendum questions. | |
(gg)“Unsecure Site Online Voting” means a voting system that allows voters to cast | |
ballots from any computer connected to the internet. Unsecure Site Online Voting is | |
illegal and may not be utilized in Student Government elections. | |
(hh)“Validation” means the action taken by the Student Senate that formally | |
acknowledges the vote totals as presented by the Supervisor of Elections or Elections | |
Commission is accurate. | |
(ii) “Voting Booth” means that booth or enclosure designed to protect the integrity and secrecy | |
of the voter wherein an elector casts their ballot and shall be so arranged that it will be | |
impossible for one elector in one compartment to see an elector in another in the act of marking | |
their ballot. | |
(jj) “Voting Machine” means the device used for the purpose of recording votes. | |
(kk)“Write-in ballot” means a sheet of paper or ballot frame on a voting machine | |
provided for the purpose of an elector casting a vote for a write-in candidate by | |
inscription. Electors shall be provided “write-in ballots” in all fall and spring general | |
elections. “Write-in ballots” shall not be provided in any run-off elections. | |
(ll) “Write-in candidate" means any person who could have met the qualifications of the | |
office before the deadline set by the Supervisor of Elections, yet who has not qualified as | |
a candidate and whose name is neither printed on paper ballots or included on voting | |
machines, but for whom a vote is cast on a write-in ballot. | |
CHAPTER 710 – THE SUPERVISOR OF ELECTIONS ACT (2000-141, 2002-144, 2004-116, 2005-137, 2005- | |
138, 2006-103, 2006-108, Spring 2006 Ballot Initiative, 2006-113, 2006-117, 2006-123, 2006-129, 2007-109, | |
2009-100 2009-102, 2009-103, 2010-100, 2010-111, 2011-115, 2012-101, 2012-107, 2013- 102, 2014-119, 2016- | |
104, 2017-113, 2018-124, 2019-103, 2020-1024, 2020-1043, 2021-109) | |
710.0 | |
This subsection, from 710.0 to 719.999, shall be known as “The Supervisor of Elections Act.” | |
711.0 | |
There is hereby created the position of Supervisor of Elections. They shall be appointed by the | |
Student Body President and shall assume office upon confirmation by two-thirds (2/3) of the | |
members of the Student Senate present and voting. The Supervisor of Elections shall have served | |
for at least one campus-wide election as either an Elections Commissioner or as an Assistant | |
Supervisor of Elections. | |
711.11 | |
The Student Senate shall be notified of the Supervisor of Elections appointment no later than forty- | |
eight (48) hours prior to the Student Senate meeting at which the nominee is to be presented for | |
confirmation. | |
711.2 | |
The Supervisor of Elections shall conduct and supervise all elections of the Student Body and | |
faithfully execute those duties and responsibilities as designated by the Student Government | |
Election Code and other duties and responsibilities designated by law or that are deemed | |
necessary to the proper conduct of an election. | |
711.3 | |
The Supervisor of Elections shall not hold nor have held any position or affiliation with any past | |
or present Student Government political party or independent candidate during the previous two | |
(2) election cycles. | |
711.31 | |
The Supervisor of Elections shall not hold any other position or office in Student Government. | |
The Supervisor of Elections shall not be an executive officer of any Student Government funded | |
organization while serving as Supervisor of Elections. | |
711.4 | |
In the event of a vacancy in the office of Supervisor of Elections after the completion of the | |
election cycle, a new Supervisor shall be chosen pursuant to Section 711.0, S.B.S. | |
711.5 | |
In the event of a vacancy in the office of Supervisor of Elections during an election cycle, the | |
Supreme Court shall appoint by majority vote, one of the Assistant Supervisors of Elections to be | |
the new Supervisor of Elections. That supervisor shall take office effective upon notification of | |
their appointment. | |
712.0 | |
The Supervisor of Elections shall appoint a minimum of four (4) Assistant Supervisors of | |
Elections at least four (4) weeks prior to the fall general election. The Supervisor of Elections | |
may appoint any additional Assistant Supervisors of Elections that they deem necessary. | |
Any Assistant Supervisor of Elections must be approved by a two-thirds (2/3) vote of the | |
members of the Student Senate present and voting. The Assistant Supervisor's term shall end | |
in conjunction with the expiration of the natural term of the Supervisor of Elections. | |
712.1 | |
The Student Senate shall be notified of Assistant Supervisor of Elections appointees no later | |
than forty-eight (48) hours prior to the Student Senate meeting at which the nominee is to be | |
presented for confirmation. | |
712.11 | |
Assistant Supervisors of Elections shall not hold any position or affiliation with any Student | |
Government political party. The Assistant Supervisors of Elections shall not hold any other | |
position or office in Student Government as listed in Section 130.4, S.B.S. The Assistant | |
Supervisors of Elections shall not be an executive officer of any Student Government funded | |
organization during their term as Assistant Supervisor of Elections. | |
712.12 | |
Assistant Supervisors of Elections shall assist the Supervisor of Elections in the performance of | |
their duties during the election cycle. | |
712.13 | |
Assistant Supervisors of Elections are subject to removal of office for due cause by the Supervisor | |
of Elections and with a two-thirds (2/3) vote of the Elections Commission. Any removal of an | |
Assistant Supervisor may be appealed to the Supreme Court. | |
713.0 | |
The Supervisor of Elections shall conduct a meeting on the fourth (4th) Tuesday immediately | |
preceding the first day of elections. The purpose of this meeting shall be to inform all students | |
wishing to participate in the upcoming elections of the rules, procedures and proper conduct | |
required during the election cycle as stated in the Student Government Elections Code. | |
713.1 | |
The Supervisor of Elections shall be responsible for receiving the qualifying papers of the various | |
candidates and political parties. The Supervisor of Elections shall distribute all information | |
concerning the Student Government Election Code including, but not limited to, all deadlines, | |
campaign rules and campaign laws (including those email rules as promulgated under Section | |
764.0, S.B.S) during the qualifying process. | |
713.11 | |
The Supervisor of Elections shall provide a complete list of their official Student Government | |
contact information and the official contact information of all the members of the Elections | |
Commission to each registered party president, independent candidate, and any interested | |
students. | |
713.2 | |
The Supervisor of Elections shall be responsible for receiving a list of campaign contributions and | |
expenditures from each political party and independent candidate. The Supervisor of Elections shall | |
place any list they receive pursuant to this section on public record in the Student Government office | |
and shall post it on the Student Government web site within twenty four (24) hours of receiving it. | |
713.3 | |
The Supervisor of Elections shall submit a complete list of candidates who have qualified to the | |
Student Government Advising & Operations, who shall certify back to the Supervisor of Elections | |
the names of those candidates who meet all of the requirements set out in the Student Body | |
Constitution and Student Body Statutes. | |
713.31 | |
The Supervisor of Elections shall strike from the certified list of names any person who fails to | |
meet the requirements of the office for which they are candidates. Requirements are set forth in | |
Article VI of the Student Body Constitution. | |
713.32 | |
The Supervisor of Elections shall notify any candidate who was stricken from the certified list by | |
posting their names at the entrance of the Student Government Office in the J. Wayne Reitz Union | |
and at the mandatory meeting required by Section 713.5, S.B.S. | |
713.4 | |
The Supervisor of Elections shall post a copy of the corrected list of candidates outside the Student | |
Government office in the J. Wayne Reitz Union by noon on the first school day after the certified | |
list is finalized as per Section 737.0, S.B.S. The Supervisor of Elections shall submit a corrected list | |
of candidates to the Elections Commission. | |
713.5 | |
The Supervisor of Elections shall conduct a mandatory meeting on the second school day after | |
qualifying ends to notify all candidates of the requirements of the Student Government Election | |
Code. | |
713.6 | |
The Supervisor of Elections shall make available a current copy of the Student Government | |
Election Code and other regulations on the Student Government website and provide directions | |
on how to access the information to any student upon request. | |
713.7 | |
The Supervisor of Elections, alongside Assistant Supervisors of Elections, shall plan and preside | |
over the implementation of the Student Government Debate during the Spring election cycle. | |
The attendance of each political party’s properly qualified executive candidate(s) shall be | |
required. Refusal to attend shall be grounds for disqualification. | |
713.71 | |
In the event that only one party has a fully qualified executive slate, the Supervisor of Elections | |
will not be required to host the Student Government Debate. | |
713.72 | |
The Student Government Debate shall take place no earlier than the day after the mandatory | |
candidate meeting described in Section 713.5, S.B.S. and no later than the Friday immediately | |
preceding the spring general election. | |
713.73 | |
The Supervisor of Elections shall make all reasonable efforts to ensure that the Student | |
Government Debate is made available to the public as audio and/or video within forty-eight (48) | |
hours of the conclusion of the debate. Additionally, the Supervisor of Elections shall ensure that | |
a debate transcript is made available to the public within forty-eight (48) hours of the conclusion | |
of the debate. | |
713.74 | |
The Supervisor of Elections shall ensure that the content of the Student Government Debate is | |
created in conjunction with the Student Government Advising & Operations team or Student | |
Government Advising & Operations designee. | |
714.0 | |
The Supervisor of Elections shall be responsible for the preparation of the ballot and for the | |
preparation of the absentee ballot. The ballot shall contain names of all candidates as defined in | |
Section 713.4, S.B.S. The ballot shall also contain adequate provision for writing in the names of | |
candidates not appearing thereon unless it is to be used in a run-off election as defined in Section | |
700.4 (cc), S.B.S. | |
714.1 | |
The Supervisor of Elections shall supply an absentee ballot to every elector who requests an | |
absentee ballot by the second Wednesday immediately preceding the elections by 5:00 P.M. | |
714.2 | |
The Supervisor of Elections shall provide paper-based absentee ballot applications in the Student | |
Government Office and maintain a page on the official Student Government website containing | |
an electronic absentee ballot application allowing any elector to instantly apply for an absentee | |
ballot over the Internet. | |
714.3 | |
The Supervisor of Elections shall make all reasonable efforts to notify every elector, including | |
those enrolled at satellite campuses, of the absentee balloting process at least two weeks prior to | |
the deadline stipulated by Section 714.1, S.B.S. | |
714.31 | |
The Supervisor of Elections shall draft a social media post to inform every elector of their right to | |
request and vote by an absentee ballot and encourage them to exercise this right if voting in person | |
will be inconvenient for them. The Supervisor of Elections shall draft at least two such social | |
media posts, with at least one social media post sent to the Action SG Chairperson for posting | |
between five (5) and six (6) business days before the electronic form submission deadline and at | |
least one social media post sent to the Action SG Chairperson for posting between two and three | |
business days before the deadline. Each such post must be sent to the Action SG Chairperson | |
between 8:00 | |
A.M. and 6:00 P.M. Additionally, the posts shall include the following: | |
(a) A direct link to the electronic form mandated in Section 714.2, S.B.S. | |
(b) The date and time by which the electronic form must be submitted for the request to be | |
processed. | |
714.4 | |
In the event of a runoff election, the Supervisor of Elections shall supply an absentee ballot | |
automatically to every elector who requested one for the general election. | |
714.5 | |
The Supervisor of Elections shall ensure that all candidates for a given office are listed in | |
alphabetical order within party groups on the ballot. For the purpose of listing candidates, all | |
independent candidates shall be grouped together in alphabetical order as if they were a party. | |
714.6 | |
The order of political parties listed in Section 714.5, S.B.S. on the ballot shall be randomly determined | |
at the mandatory candidates’ meeting by the Supervisor of Elections drawing from a hat the names of | |
the registered political parties and the label independent. The drawing shall be open to the public. | |
714.7 | |
The Supervisor of Elections shall make available upon request a sample ballot to any interested | |
individuals at every polling location and in the Student Government office, and on the Student | |
Government website. | |
714.8 | |
The Supervisor of Elections shall submit to the Chair of the Elections Commission a list of proposed | |
polling locations at least 15 business days before the election. The proposed list shall be posted in a | |
public place with the date, time and location of the meetings required in Section 723.21, S.B.S. | |
714.81 | |
In the event that a polling location becomes unavailable due to an event or circumstance outside | |
the control of the elections staff, the Supervisor of Elections, at their discretion, may add or | |
change a polling location to the nearest available building so long as it is properly noticed at the | |
original polling location, S.B.S. | |
714.9 | |
If Secure Location Electronic Voting is implemented, the Supervisor of Elections shall ensure | |
that a contingency plan with secondary polling locations is in place. | |
714.91 | |
The Supervisor of Elections’ contingency plan shall be presented before the Senate two weeks | |
prior to the election cycle. | |
715.0 | |
The Supervisor of Elections shall post signs the day prior to the election and days of the elections | |
near the polling locations that shall read “Vote Here” in a type that is visible and legible from thirty | |
(30) feet indicating that such polling location is located nearby. | |
715.1 | |
Polling locations located more than fifty (50) feet inside a building shall be marked with signs | |
noting the location at exterior entrances, and within fifteen (15) feet of the polling location | |
inside. | |
715.2 | |
Signs created by the Supervisor shall include the dates of the election or runoff, the times polling | |
locations will be open and any and all requirements for voting. | |
715.3 | |
The Supervisor of Elections shall post a list of polling locations on the Student Government | |
website and through at least two additional forms of notification. A link to the official UF campus | |
map shall be included along with the list of polling locations on the Student Government website. | |
715.4 | |
The Supervisor of Elections shall draft a social media post to inform every elector, including those | |
enrolled at satellite campuses, their right to vote in Student Government elections. The Supervisor | |
of Elections shall draft at least two such posts, with at least one social media post sent to the Action | |
SG Chairperson sent when the dates, times, and polling locations of the upcoming election are | |
finalized and at least one post sent when polls open on the first day of the election. Each such post | |
must be sent to the Action SG Chairperson between 8:00 A.M. and 6:00 P.M. Additionally, the | |
posts shall include the following: | |
(a) The candidates students may vote for as they appear on the ballot, additionally | |
including any declared write-in candidate(s). | |
(b) The dates, times, and polling locations of the upcoming election. | |
715.5 | |
Every official Student Government social media account shall post to its social media platform | |
the content provided by the Supervisor of Elections to the Action SG Chairperson as mandated by | |
Sections 714.31 and 715.4, S.B.S. within one (1) business day. These social media posts may exclude | |
content only to satisfy social media platform limitations. | |
716.0 | |
The Supervisor of Elections shall be responsible for instructing poll workers in the proper use and | |
operation of voting machines and shall prepare guidelines and regulations, in accordance | |
with the laws of the State of Florida, to be followed in the preparation, sealing, opening, and | |
reading of such machines. | |
716.1 | |
The Supervisor of Elections shall provide the poll workers with written instructions on how to | |
assist students with disabilities. The instructions shall read as follows: "Students with sight, | |
vision or physical impairments may request a companion or poll worker to read and mark their | |
ballot. You are to help any student that requests this service." | |
716.2 | |
All polling locations for Student Government elections shall remain open from 8:30 A.M. to 8:30 | |
P.M. on each designated day of the election. | |
716.21 | |
The Supervisor of Elections shall ensure that all students who are in line at 8:30 P.M. are allowed | |
to vote. | |
714.4 | |
If the set of returns indicates that a candidate for any office was defeated or eliminated by one- | |
quarter (1/4) of a percent or less of the votes cast for such office or that a measure appearing on | |
the ballot was approved or rejected by one-quarter (1/4) of a percent or less of the votes cast on | |
such measure, the Supervisor of Elections shall order a recount of the ballots cast for that office | |
to be conducted within twenty-hour (24) hours of the announcement of the results. | |
714.5 | |
If the set of returns indicates that a candidate for any office was defeated or eliminated by between | |
one-quarter (1/4) and one-half (1/2) of a percent of the votes cast for such office or that a measure | |
appearing on the ballot was approved or rejected by between one-quarter (1/4) and one-half (1/2) | |
of a percent of the votes cast on such measure, the political party of such candidate or the | |
candidate may request in writing that the Supervisor of Elections and the Elections Commission | |
conduct a recount of the ballots cast for that office, provided that such request is made by noon | |
on the second day after the election. | |
714.6 | |
The Supervisor of Elections shall announce at the J. Wayne Reitz Union, the election results no | |
earlier than one (1) hour after the closing of the polls. If the J. Wayne Reitz Union is unavailable, | |
the Elections Commission shall by two- thirds vote select a new location no later than one calendar | |
week prior to the closing of the polls on the last day of the election in question. | |
717.1 | |
If any statutorily mandated meeting, event, deadline, or like occurrences, not including general | |
or Run-off elections, occurs on a religious holiday or school holiday, the Supervisor of Elections | |
shall select another date within a reasonable time period, before the mandated date as a | |
replacement. Any replacement date set by the Supervisor of Elections must be confirmed by a | |
two-thirds majority of the Elections Commission. | |
718.1 | |
The Supervisor of Elections shall ensure all ballots are stored until all complaints are resolved | |
and the Student Senate validates the election. | |
CHAPTER 720 – THE ELECTIONS COMMISSION ACT (2000-141, 2002-144, 2002-155, 2004-116, 2005-138, | |
2006-108, 2006-129, 2007-109, 2007-131, 2009-104, 2010-100, 2010-101, 2012-101, 2013-100, 2018-124, | |
2020-1024, 2020-1043, 2021-109) | |
720.01 | |
This subsection, from 720.001 to 729.999, shall be known as “The Elections | |
Commission Act.” | |
720.02 | |
The following words and phrases when used in 720.001 to 729.999 shall have the following | |
meaning: | |
(a) “Commissioner” shall refer to any member, including the chair, of the Elections | |
Commission. | |
(b) “Respondent” means any person, persons, or political party against whom a violation | |
has been filed. | |
(c) “Hearings” means any assembly of the Elections Commission to adjudicate the merits | |
of an election complaint. | |
(d) “Meetings” means any assembly of the Elections Commission where the official | |
business of the Elections Commission, other than adjudication, takes place. | |
(e) “Petitioner” means any person, persons or political party alleging a violation of | |
the Election Code. | |
721.0 | |
The Student Elections Commission shall be a judicial tribunal of Student Government overseeing | |
the conduct and complaints and recommending validation or invalidation of Student Government | |
elections. | |
721.1 | |
The Elections Commission shall consist of six (6) members. The Student Body President shall | |
nominate two (2) law students. The Student Senate President shall nominate two (2) law students. | |
The Chief Justice of the Supreme Court shall nominate two (2) law students. | |
721.11 The student senate shall be notified of nominations no later than forty-eight (48) hours prior to the | |
senate meeting at which the nominee will be presented for confirmation. The nominations will be | |
presented to the Student Senate and shall require confirmation by two-thirds (2/3) of the members | |
of the Student Senate present and voting. | |
721.12 | |
Members shall serve staggered one-year terms, so that one (1) of the nominees of each branch | |
ends their term after each election. | |
721.13 | |
Commissioners shall not hold nor have held any position or affiliation with any past or present | |
Student Government political party or independent candidate during the previous two (2) election | |
cycles. Commissioners shall not hold any other position or office in Student Government. | |
721.2 | |
The Chair of the Elections Commission shall be elected by the Commission each election cycle | |
from the 6 members and shall vote only in case of a tie. The Chair of the Elections Commission | |
shall preside over all meetings and hearings of the Elections Commission. | |
721.21 | |
The Clerk of the Elections Commission shall be selected by the Chair of the Elections | |
Commission. The Clerk of the Elections Commission may not be a member of the Elections | |
Commission. The Clerk of the Elections Commission shall not hold nor have held any position | |
or affiliation with any past or present Student Government political party or independent | |
candidate during the previous two (2) election cycles. The duties of the Clerk of the Elections | |
Commission will be to: | |
(a) Maintain meeting minutes, opinions, orders, correspondence, and like materials of | |
the Elections Commission. | |
(b) Assist the Elections Commission with the completion of complaint forms following | |
each meeting. | |
(c) Transmit periodically, but at least once per academic term, an index of all opinions, | |
orders, and decisions of the Elections Commission to the Student Body President, | |
Student Body Treasurer, Senate President, and Chairperson of the Judiciary | |
Committee of the Student Senate. | |
(d) The Clerk of the Elections Commission shall serve at the pleasure of the Chair of | |
the Elections Commission | |
721.22 | |
Vacancies on the Elections Commission, occurring after the start of the election cycle, shall be | |
immediately filled for the duration of that specific term by appointment by a majority vote of the | |
Supreme Court. | |
722.0 | |
The Elections Commission may create rules, by a majority vote of the Elections Commission at | |
an Elections Commission meeting, to ensure a fair and efficient election, provided that any and | |
all rules must complete the rule making process by no later than one week prior to the start of the | |
affected election cycle. Any rule created by the Elections Commission must comply with the | |
Student Body Constitution and the Student Body Statutes and be supported by Student | |
Government statutory authority. | |
722.1 | |
No rule may be promulgated by the Elections Commission for more than two (2) | |
consecutive elections. | |
722.11 | |
Legislative intent: In following the guiding principles of separation of powers, the Student Senate | |
does not wish to grant unrestrained power to the Elections Commission. Any rule created by the | |
Elections Commission should be deliberated by the Student Senate and therefore, it shall be | |
assumed that any rule not placed into law by the Student Senate shall be a purposeful act by the | |
Senate, and one that shall not be overruled by the Elections Commission. | |
722.2 | |
At least ten (10) calendar days prior to enacting any rule, the Elections Commission shall post a | |
Notice of Rule Development in the Student Government Office and on the Student Government | |
website. The Notice of Rule Development shall contain the subject area to be addressed by rule | |
development, a short, plain explanation of the purpose and effect of the proposed rule, and the time | |
and place of the meeting at which the Elections Commission will determine the language of and | |
hear public comment on the rule. | |
722.3 | |
At least three (3) days prior to enacting any rule, the Elections Commission shall post a Notice of | |
Proposed Rulemaking in the Student Government Office and on the Student Government website. | |
The Notice of Proposed Rulemaking shall contain the subject area to be addressed by rule | |
development, a short, plain explanation of the purpose and effect of the proposed rule, and the | |
full text of the proposed rule or amendment and a summary thereof. The Elections Commission | |
shall provide for a way to obtain written public comment for the proposed rule. Prior to enacting | |
a rule, the Elections Commission shall consider any written public comment submitted. | |
722.4 | |
If the Elections Commission enacts any rule, the enacted rule must conform exactly to the | |
proposed rule. | |
722.5 | |
If a rule takes effect prior to the beginning of an election cycle, the Elections Commission shall | |
provide any promulgated rules to the Supervisor of Elections for the Supervisor of Elections to | |
provide to candidates at the meeting held pursuant to Section 713.5, S.B.S. | |
722.6 | |
If a rule takes effect during an election cycle, the Chair of the Elections Commission shall | |
provide notice to all parties and independent candidates of the newly promulgated rule. | |
722.7 | |
Any rule enforced by the Elections Commission may be appealed to the Supreme Court by any | |
member of the Student Body. The standard of review of the Supreme Court shall comply with | |
Section 728.52, S.B.S. The Supreme Court shall, upon successful petition, void any rule that does | |
not comply with Student Government Law or has no Student Government statutory authority. | |
722.8 | |
LEGISLATIVE INTENT – It is the intent of this legislature that this subsection (722 et seq.) will allow | |
the Elections Commission to provide rules of general application prior to, or during the elections cycle, | |
to deal with any unforeseen circumstances. It is the intent of this legislature that any rule that does not | |
ensure a fair and efficient election be considered ultra vires. It is the further intent of this legislature | |
that any rule enacted by the Elections Commission be considered by the Student Senate to improve the | |
Elections Code. It is the intent of this legislature that all rules of the Elections Commission eventually | |
will either be codified into these statutes or nullified prior to an election so that all candidates may | |
look to a central location to ascertain the legality of any action. | |
723.0 | |
The Elections Commission is empowered to penalize violations of Title VII, S.B.S. or any other | |
rules properly promulgated by the Elections Commission, under Section 722, S.B.S. et seq. The | |
Elections Commission shall issue penalties in accordance with Section 728.2, S.B.S. Remedies | |
of the Elections Commission are exclusive of any additional remedy provided by federal or state | |
law, whether administrative, civil, or criminal. | |
723.1 | |
The Elections Commission may formally recommend to the Supreme Court that the candidate or | |
political party be disqualified. Only the Supreme Court shall have the power to remove a | |
candidate's name from the ballot, except as otherwise provided by law. | |
723.2 | |
The Elections Commission, by majority vote, shall determine and list polling locations along with | |
the respective colleges or living areas for which these polling locations are established. No later | |
than the second Friday immediately prior to an election, the Chair of the Elections Commission | |
must submit copies of these lists to the Supervisor of Elections and all campus-wide newspapers, | |
and notify all party presidents and independent candidates of the polling locations. The Chair of | |
the Elections Commission, with the aid of the Supervisor of Elections, shall post a copy of the list | |
at the entrance of the Student Government Office in the J. Wayne Reitz Union and on the Student | |
Government web site as soon as possible and request that the campus-wide newspapers publish | |
the list on the day before and days of the election. | |
723.21 | |
The Elections Commission shall meet no later than the third Tuesday prior to the first day of the | |
election to consider the location of polling locations. A list shall be submitted at this time by the | |
Supervisor of Election for consideration and review. The Elections Commission shall consider | |
any public comment submitted in writing prior to the meeting or in person at the meeting, before | |
taking a vote on the polling locations. | |
723.22 | |
In a meeting no later than the second Tuesday prior to the first day of elections the Elections | |
Commission shall meet to certify the list of polling locations. If ballot boxes are used, at the | |
close of voting each day, a poll worker shall sign, seal, and deliver the ballot box and associated | |
equipment to such central place as previously designated by the Elections Commission. The | |
Supervisor of Elections shall sign the ballot boxes once delivered. Delivery of the ballots shall | |
be supervised by the Supervisor of Elections, the Chair of the Elections Commission or another | |
Elections Commissioner designated by the Chair of the Elections Commission, and a University | |
Administrator. The ballot boxes may then be opened and the votes tabulated as provided in the | |
Student Government Election Code. | |
723.3 | |
The Chair of the Elections Commission may grant a preliminary order that a political party or | |
candidate cease and desist from the distribution of campaign material where the Chair of the | |
Elections Commission deems that a preponderance of available evidence leads to a conclusion | |
that both, | |
(a) there is a strong likelihood of a violation on a complaint brought by the offended party | |
and | |
(b) where the material is so offensive that it may irreparably harm the offended party or | |
candidate. A preliminary cease and desist order shall remain in effect pending a hearing | |
by the Elections Commission. | |
724.0 | |
Any student or student organization registered with the Department of Student Activities and | |
Involvement shall have standing to bring a complaint before the Elections Commission alleging a | |
violation of the Student Government Election Code. Any complaint must identify all of the | |
following: | |
(a) The petitioner individual, organization or political party; | |
(b) The respondent individual, organization or political party; | |
(c) The specific section of the Student Body Laws that the petitioner alleges the | |
respondent violated. | |
(d) A detailed statement of the facts surrounding the alleged violation. | |
(e) The date and time that the complaint was filed with the Supervisor of Elections or the | |
Elections Commission. | |
724.1 | |
Election complaints must be filed with the Elections Commission no later than three (3) school | |
days after an alleged violation has occurred and before the election results are read. Filing a | |
complaint with the Elections Commission means that the aggrieved party delivers their complaint | |
to either the Chair of the Elections Commission or their designee in compliance with applicable | |
Student Body Statutes. | |
724.2 | |
The Elections Commission shall permit the petitioner one opportunity to amend any complaint | |
failing to comply with 724.0. | |
724.21 | |
The Elections Commission may dismiss with prejudice any complaint that is any of the | |
following: | |
(a) The complaint is presented or maintained for any frivolous or improper purpose, such | |
as to harass or to cause unnecessary delay; | |
(b) The allegations and other factual contentions in the complaint are without a scintilla | |
of evidentiary support. | |
724.22 | |
If warranted, the Elections Commission may assess a reasonable penalty under Section | |
728.2, S.B.S. for a violation of Section 724.21, S.B.S. | |
724.3 | |
The Elections Commission shall provide the petitioner and respondent with notice at least | |
twenty-four (24) hours before the hearing at which the complaint involving them is to be | |
conducted. | |
725.0 | |
The Chair of the Elections Commission shall ensure that agendas for the Elections Commission | |
meetings and hearings are posted on the Student Government website at least twenty-four (24) | |
hours before the beginning of the meeting or hearing. | |
725.1 | |
Hearings before the Election Commission shall be adjudicatory. At any time prior to the final | |
determination of any adjudicatory matter before the Elections Commission, members of the | |
Elections Commission may not make any comment or statement, public or private, verbal or | |
written, direct or indirect, concerning an adjudicatory matter before or likely to come before the | |
Elections Commission. | |
725.2 | |
The Chair of the Elections Commission or their designee may administer oaths to any person | |
testifying at an Elections Commission meeting or hearing. | |
725.3 | |
A majority vote of Elections Commissioners present for all testimony and discussion of a specific | |
case shall be required to establish a violation and to assign a penalty. Unless otherwise specified, | |
the petitioner bears the burden of proof by a preponderance of the evidence. | |
725.4 | |
The procedure for Elections Commission Hearings shall be: | |
(1) The petitioner must be present at the time the Elections Commission convenes or the | |
complaint may be dismissed or the hearing postponed at the discretion of the Elections | |
Commission. Legal counsel may represent the petitioner, if the petitioner desires and | |
retains such counsel. The legal counsel will be limited to no more than two students. | |
(2) The respondent shall be present at the time that the Elections Commission convenes. If | |
the respondent is not present, the Elections Commission shall make a determination | |
pursuant to Section 727.1, S.B.S. and either continue with or postpone the hearing. Legal | |
counsel may represent the respondent, if the respondent desires and retains such counsel. | |
Legal counsel will be limited to no more than two students. | |
(3) The Elections Commission shall give the respondent the opportunity to admit | |
responsibility for an alleged violation. If the respondent admits guilt to an alleged | |
violation, the Elections Commission shall find a violation and move directly to Section | |
725.4(13), S.B.S. | |
(4) The petitioner shall initially be granted 3 minutes for an opening statement. The Chair | |
of the Elections Commission may grant more time as necessary. | |
(5) The respondent shall be granted equal time as the petitioner to present an | |
opening statement. | |
(6) The petitioner shall be granted 5 minutes to present the complaint. During the | |
presentation of the complaint the petitioner may call witnesses and present testimony and | |
other evidence. The Chair of the Elections Commission may grant more time as | |
necessary. | |
(7) The respondent shall be granted five minutes to rebut the allegations of the | |
petitioner. During the refutation of the complaint the respondent may call witnesses | |
and present testimony and other evidence. The Chair of the Elections Commission may | |
grant more time as necessary. | |
(8) The petitioner shall be granted 3 minutes for a closing argument. The Chair of | |
the Elections Commission may grant more time as necessary. | |
(9) The respondent shall be granted the same amount of time as the plaintiff for closing | |
argument. | |
(10) Elections Commissioners may ask any questions of anyone at any point during the | |
presentation of evidence. Such questions shall not count in the allotted time of the party. | |
(11) If more time is needed the Chair of the Elections Commission may allow it provided | |
equal time is given to both the petitioner and respondent. | |
(12) After the closing statements, the Elections Commission will enter deliberations. The | |
deliberations will be open to the public and for the record. Only Elections Commissioners | |
will be allowed to speak during deliberations. | |
(13) After deliberations, the Elections Commission will vote on whether there was a | |
violation of the Student Government Election Code. If the Elections Commission finds a | |
violation, the petitioner, then the respondent, will be allotted 3 minutes each for | |
statements on the appropriate penalty including, but not limited to, any aggravating or | |
mitigating circumstances surrounding the violation. After penalty statements, the | |
Elections Commission will publicly deliberate and vote on the appropriate penalty in | |
accordance with Section 728.1, S.B.S. | |
725.5 | |
Testimony before the Elections Commission shall be limited to a designated representative of each | |
political party or candidate, student legal counsels for any political party or candidate, and those | |
persons offering testimony or evidence concerning the events that led to the complaint. | |
725.6 | |
In all hearings before the Elections Commission, the Supervisor of Elections or an Assistant | |
Supervisor of Elections shall report to the Elections Commission concerning any investigation that the | |
Supervisor of Elections may have conducted into the matter. The Supervisor of Elections may only discuss | |
facts material to the case. The Supervisor of Elections’ testimony may not include any recommendation of the | |
guilt or recommendation of penalty to be imposed unless the Supervisor of Elections or an Assistant | |
Supervisor of Elections filed the complaint. | |
725.7 | |
The petitioner may withdraw the complaint at any time before the Elections Commission finds a | |
violation. | |
725.8 | |
The Elections Commission may consolidate complaints into a single hearing if the commission | |
deems it necessary to promote an efficient use of judicial resources. | |
726.0 | |
The Elections Commission may dismiss a complaint by a majority vote if any of the following | |
apply: | |
(a) Petitioner is unable to demonstrate probable cause of a violation; | |
(b) The facts alleged on the face of the complaint, if true, do not violate the section of the | |
student body statutes specified in the complaint; | |
(c) At the close of the petitioner’s evidence, the petitioner has not established | |
by a preponderance of the evidence that there was a violation. | |
727.0 | |
The Chief Justice of the Supreme Court shall subpoena any student on request of the Elections | |
Commission. | |
727.01 | |
The Chair of the Elections Commission, or their designee, shall, upon receipt of a request from a | |
petitioner or respondent, request that the Supreme Court subpoena a student to testify before the | |
Elections Commission at the appropriate hearing. To be valid and carried out, a request shall be | |
made at least twenty-four (24) hours before the Elections Commission hearing in which the | |
subpoenaed student would be required to testify. | |
727.1 | |
In all cases where the Elections Commission determines by clear and convincing evidence that | |
the respondent refuses to appear before the Elections Commission after proper notice of the | |
Elections Commission hearing has been given, the Elections Commission may conduct a hearing | |
without the respondent being present. Notice to a political party shall be given to the individual(s) | |
designated as party president. | |
728.0 | |
If a candidate slated with a political party or an individual with a position or affiliation with a | |
political party is found in violation of any portion of the Student Government Election Code, it | |
will be within the reasonable discretion of the Elections Commission to determine whether the | |
candidate acted on their own or with the consent of their political party. | |
728.01 | |
The Election Commission has the authority to determine the party affiliation of any individual | |
during the election cycle. | |
728.1 | |
All votes for determining if a violation occured and for the imposition of punishments shall be | |
by roll call. All votes shall be recorded. | |
728.11 | |
After determining that a violation has occurred, the Elections Commission shall determine a | |
penalty by majority vote. | |
728.2 | |
Any candidate or political party who does not comply with the Student Government Election | |
Code or the rules and regulations of the Elections Commission shall be subject to any or all of | |
the following penalties: | |
(a) Warning; | |
(b) Public reprimand; | |
(c) Nominal fine; | |
(d) Formal recommendation to the Supreme Court of disqualification; | |
(e) Suspension of a political party from fielding a candidate or candidates for offices in an | |
election cycle; or | |
(f) Any penalty deemed appropriate by the Elections Commission allowed under Florida | |
Election Codes and within the powers granted to Student Government. | |
728.21 Violations of Section 762.0, S.B.S. will be penalized only by a nominal fine of five (5) dollars, | |
unless the Elections Commission determines that the violation is so egregious that additional | |
penalties are required. | |
728.3 | |
Any alleged violations of the Student Body Constitution, Student Body Statutes, or state or federal | |
law by the Supervisor of Elections shall be adjudicated pursuant to chapters 305 or 306 of the | |
Student Body Statutes and will not be considered by the Elections Commission. | |
728.4 | |
If any political party representative or individual candidate commits perjury before the Elections | |
Commission, the Elections Commission may penalize the individual or political party with any | |
of the sanctions available under section 728.2, S.B.S. | |
728.41 | |
Money collected in payment for levied campaign fines shall be made payable to the Student Body | |
Treasurer. The Student Body Treasurer shall place any levied campaign fine in a special fund to defray the costs | |
of future elections. | |
728.42 | |
Whenever the Elections Commission properly levies a fine against a respondent pursuant to Section | |
728.2, S.B.S. the Supervisor of Elections working in conjunction with the Elections Commission | |
and the Student Government professional staff shall take any necessary steps to collect the fine. | |
728.43 | |
If a respondent fails to fully comply with a properly adjudicated penalty pursuant to Section 728.2, | |
S.B.S. within two (2) weeks, the Supervisor of Elections shall refer the respondent to the | |
Supreme Court may take such actions as it deems appropriate. | |
728.5 | |
All final determinations of the Election Commission may be appealed to the Supreme Court. | |
728.51 | |
All appeals to the Supreme Court shall comply with the Supreme Court’s rules of practice and | |
procedure. | |
728.52 | |
The Supreme Court shall review questions of fact from the Elections Commission and shall | |
affirm those findings if they are not clearly erroneous. The Supreme Court shall review mixed | |
questions of law and fact and shall affirm those findings if they are supported by substantial | |
evidence. The Supreme Court shall review questions of law de novo. | |
729.0 | |
If after an election has occurred, a candidate or political party feels that the vote totals are | |
fraudulent or erroneous, the candidate or party president or their designee may file a petition | |
requesting an investigation into the procedures of the election and/or the vote totals with the | |
Supervisor of Elections before the beginning of the reading of the vote totals. | |
729.1 | |
Within twenty-four (24) hours but not less than four (4) hours after the official announcement of | |
the vote totals, the Elections Commission shall meet to hear any complaint brought against the | |
technical accuracy of the vote totals. The Elections Commission may hear any other complaints at | |
the meeting required by this section. | |
729.2 | |
After taking any relevant evidence, the Elections Commission shall recommend validation or | |
invalidation of the vote totals presented by the Supervisor of Elections. Should the Elections | |
Commission recommend rejection of the vote totals, a complete form from the Elections | |
Commission, including any relevant findings of fact shall be filed with the Supervisor of | |
Elections and presented to the Student Senate by the Chair of the Elections Commission. After | |
the Chair of the Elections Commission makes a report to the Senate, if appropriate, the | |
Supervisor of Elections shall then present the vote totals to the Student Senate for validation. | |
729.3 | |
STATUTE OF REPOSE ON ELECTIONS COMPLAINTS – All complaints shall be submitted | |
to the Election Commission or their designee by 9:29:59 PM on the last day of elections, or be | |
forever barred. | |
729.4 | |
The Elections Commission shall keep a written record of all of its meetings and hearings, including | |
the evidence and testimony heard, the findings of the Election Commission, and the rulings made. | |
Within forty-eight (48) hours of a meeting or hearing of the Elections Commission, the Chair of | |
the Elections Commission, or their designee, shall submit the record to the Student Government | |
Advising & Operations staff. | |
CHAPTER 730 – THE ELECTION QUALIFICATION ACT (2000-141, 2001-111, 2001-112, 2001-141, 2002- | |
144, 2004-127, 2005-137, 2006-113, 2006-124, 2006-129, 2007-141, 2008-111, 2009-107, Board of Trustees | |
ruling, 2010-100, 2010-103, 2011-100, 2011-107, 2012-101, 2012-107, 2014-114, 2014-120, 2020-1024, 2020- | |
1043, 2021-109, 2022-104, 2023-54) | |
730.1 | |
This subsection, from 730.001 to 739.999, shall be known as “The Election Qualification Act” | |
731.0 | |
Anyone group who wishes to qualify as a candidate for Student Government office must comply | |
with the provisions of the Student Government Election Code and must adhere to the policies | |
and rules set forth by the Supervisor of Elections and the Elections Commission. | |
732.0 | |
Candidates for President, Vice President, and Treasurer of the Student Body shall each meet the | |
following qualifications: | |
(a) Registered as a full-time student; | |
(b) Undergraduate students will retain a minimum overall 2.5 Overall Grade Point | |
Average; | |
(c) Graduate students will retain a minimum 3.0 Overall Grade Point Average or at least | |
the minimum Overall Grade Point Average required to remain in good standing with the | |
graduate or professional program in which they are enrolled, and otherwise be in good | |
academic standing; | |
(d) Free of conduct probation; | |
(e) Free from any delinquent financial obligations to the University, unless excused through | |
the University’s appeal process, by 5:00 PM on the second Wednesday preceding the Spring | |
and Fall General Elections; | |
(f) Successfully completed at least 3 semesters, excluding summers, at the University of | |
Florida; | |
(g) Not have been removed from a Student Government office through impeachment. | |
732.1 | |
In the event a candidate for President, Vice President, or Treasurer is scheduled to graduate during | |
the term of office sought, they shall be allowed on the ballot as long as they fully meet all of the | |
requirements of Section 732.0, S.B.S.. | |
732.11 | |
Candidates for President and Vice President shall run on a joint ticket and shall submit a single | |
supporting petition as described in Section 732.12, S.B.S. in order to sustain their candidacy. | |
Candidates for Treasurer shall also submit a supporting petition in order to sustain their candidacy. | |
732.12 | |
A supporting petition shall bear in blue or black ink the names, student identification numbers, | |
and signatures of currently registered University of Florida students totaling not less than 15% of | |
the number of votes cast for the singular candidate who received the most votes in the last | |
presidential election, excluding run-offs, or 500 signatures, whichever is less. The text of the | |
supporting petition shall be to the effect that: | |
"We the undersigned students at the University of Florida, do hereby approve the candidacy of | |
for President of the Student Body and of | |
for Vice President of the | |
Student Body, as (candidates of the | |
party) (independent candidates)." The petition for | |
Treasurer candidates shall be to the effect that: “We the undersigned students at the University of | |
Florida, do hereby approve the candidacy of | |
for Treasurer of the Student Body and as | |
(candidate of the | |
party) (independent candidate)." The text of the supporting petition | |
shall accurately reflect the party affiliation of the candidates. | |
732.13 | |
The supporting petition must be submitted to the Supervisor of Elections no later than 5:00 P.M. | |
732.14 | |
on the last day of qualifying or the Supervisor of Elections shall disqualify the candidates. | |
Candidates for President and Vice President are considered as one candidate under a joint | |
candidacy. | |
732.141 | |
A political party may replace a candidate for President or Vice President with another candidate | |
732.15 | |
732.151 | |
if the replacement candidate qualifies for the position in question and has complied with the | |
requirements and deadlines of 745.0. | |
Student Government Advising & Operations staff will verify that individuals who have | |
signed a petition in accordance with Section 732.12, S.B.S. are currently registered | |
University of Florida students. | |
Student Government Advising & Operations staff need only verify enough signatures to | |
ensure that the petition has met the minimum threshold in Section 732.12, S.B.S.. | |
732.2 | |
Candidates for Student Senate shall meet the following qualifications: | |
(a) Registered as a full-time student; | |
(b) Undergraduate students will retain a minimum overall 2.5 Overall Grade Point | |
Average; | |
(c) Graduate students will retain a minimum 3.0 Overall Grade Point Average or at least | |
the minimum Overall Grade Point Average required to remain in good standing with the | |
graduate or professional program in which they are enrolled, and otherwise be in good | |
academic standing; | |
(d) Free of conduct probation; | |
(e) Free from any delinquent financial obligations to the University, unless excused | |
through the University’s appeal process, by 5:00 PM on the second Wednesday preceding | |
the Spring and Fall General Elections; | |
(f) Resident of their living area or enrolled in the college which they seek to represent; | |
(g) Not previously removed from any Student Government office through the | |
impeachment process. | |
732.3 | |
Candidates for Student Senate district seats must provide one of the following to qualify for the | |
district they seek to represent: | |
(a) Certified Mail delivered by postal service | |
(b) Alachua County voter registration card | |
(c) Original copy of lease | |
(d) Original copy of utility bill or cable bill prior to qualifying | |
(e) Original copy of promissory note or lease from fraternity or sorority house | |
(f) Original copy of homeowner’s insurance | |
(g) Original copy of warranty deed | |
732.31 | |
Candidates for the Student Senate District E seat that live outside of Alachua County must | |
provide additional proof that they physically reside the majority of their time within the district | |
they seek to represent at the time of qualification. | |
732.32 | |
Candidates for Student Senate district seats must sign a statement attesting to the occupancy of | |
their physical residence for the district they seek to represent. | |
732.4 | |
All candidates for the offices of President, Vice President, and Treasurer of the Student Body shall | |
upon qualifying with the Supervisor of Elections certify all of the following information: | |
(a) Name; | |
(b) Occupancy of physical residence; | |
(c) Candidate possesses all qualifications required to be a candidate for the office sought; | |
(d) Candidate has been enrolled as a student at the University of Florida for at least | |
three (3) semesters, excluding summers; | |
(e) Candidate is not under disqualification from serving that office; | |
(f) Whether the candidate is an independent candidate or is affiliated with a political | |
party; | |
(g) If candidate is affiliated with a political party, the name of the political party; | |
(h) The name of the campaign manager or party president, if any; | |
(i) The name of the campaign treasurer; | |
(j) The candidate is aware of the provisions of the Student Government Election Code | |
and agrees to be bound by them. | |
732.5 | |
All Candidates for election under the Constitution and laws of the Student Body shall be members | |
of the constituencies, classes, or residence areas from which they seek to represent, and qualified | |
to vote in such constituencies, classes, or residence areas. A candidate’s classification shall be | |
determined by the records of the University Registrar’s Office, or supported by a sworn affidavit | |
of the candidate. If the Elections Commission discovers that a winning candidate was not qualified | |
because of an error in the Registrar's records then the Elections Commission may, by majority | |
vote, recommend the Supreme Court declare the office vacant. The office shall be filled by a | |
majority vote of the Student Senate, unless the office is that of the Student Body President, Vice | |
President, Treasurer, whereas the office shall be subject to general elections. | |
733.0 | |
No candidate’s name shall appear on the ballot when that candidate fails to qualify as a candidate | |
with the Supervisor of Elections prior to the time of the closing of the qualifying period. The | |
qualifying period ends at 5 P.M. on the third Tuesday preceding the spring and fall general elections. | |
After this time a person may change their registration with a political party or change to | |
independent status only if they are not included on the political party’s list of candidates listed in | |
Section 742.1, S.B.S. In all cases, only those persons who are not listed on a political party slate as | |
described in Section 742.1, S.B.S. may be reclassified as independent. Political parties may not fill | |
originally vacant candidate slots from those candidates originally classified (before 5:00 PM on the | |
second Wednesday preceding the Spring and Fall General Elections) as independent or non-slated | |
candidates from a different political party. | |
733.01 | |
In order for a candidate who originally qualifies as an independent candidate or who was | |
reclassified by the Supervisor of Elections as an independent candidate under Section 713.4, S.B.S. | |
to become a candidate of a political party, the candidate must change their qualifications in writing | |
with the Supervisor of Elections or the Supervisor of Elections’ designated Assistant | |
Supervisor of Elections before the end of qualifying. Candidates who have not been slated by a | |
political party may not change their classification to anything other than independent | |
733.1 | |
All candidates shall qualify under the name with which they are registered at the University of Florida | |
or under a reasonable variation of that name, subject to the approval of the Supervisor of Elections. | |
No candidate may have an assumed name, or a nickname not derived from the name with which is | |
on file at the University of Florida, appear on the ballot. Any attempt to qualify an assumed name is | |
punishable as a violation of the Student Government Election Code. | |
733.11 | |
In extenuating circumstances, an affidavit may be filed with the Supervisor of Elections if the | |
qualifying name on the ballot does not align with a name on file with the University of Florida. Any | |
affidavit filed with the Supervisor of Elections must be heard and approved by the Elections | |
Commission by a majority vote at least fourteen (14) school days before the scheduled election. The | |
decision of the | |
Elections Commission may be appealed to the Supreme Court pursuant to Section 722.6, S.B.S. | |
733.12 | |
Decisions made by the Supervisor of Elections under Section 733.1, S.B.S. may be appealed to the | |
Elections Commission. | |
733.2 | |
No candidate shall qualify for more than one office. If a person qualifies for an additional office | |
or change of party, the previous qualifying shall be deemed void. | |
733.3 | |
Upon qualifying, each candidate shall sign a waiver allowing Student Government to ascertain | |
that each elected person continues to fulfill the eligibility requirements for such office during | |
their term of office. | |
733.4 | |
Falsification of information certified as correct to the Supervisor of Elections required in Section | |
732.5, S.B.S. may result in disqualification. Each candidate shall determine that all information | |
regarding their qualifications is correct prior to their qualifying for election. | |
733.41 | |
Political parties are not liable or punishable for an individual candidate’s intentional or grossly | |
negligent falsification of information during the qualifying stages of the election if they did not | |
encourage the individual’s behavior. The Supervisor of Elections shall allot the political party 24 | |
hours to replace a candidate who intentionally or with gross negligence falsified information | |
during qualifying. The party must choose a replacement for the disqualified candidate from those | |
candidates who have already qualified. | |
733.5 | |
All candidates must sign the following statement upon qualifying: "I understand that failure to | |
comply with any portion of the Student Government Election Code is subject to penalty.” | |
733.6 | |
If campaign material in violation of Student Government Election Code is observed for fifteen | |
(15) minutes or greater, the Supervisor of Elections or one of the Assistant Supervisors of | |
Elections shall attempt to contact the offending candidate, the president of the offending political | |
party or their designee. If the Supervisor of Elections or an Assistant Supervisor of Elections is | |
unable to make contact, the Supervisor of Elections or their designee, shall remove the offending | |
material. | |
733.7 | |
No candidate, group of candidates, political party personnel, staff member, faculty member, | |
administrator, or any other University of Florida student or visitor may use the Office of Student | |
Government’s copy machines, computers or other materials in the Student Government offices at | |
any time for any type of partisan political purpose or use in any type of election. The Supervisor of | |
Elections, the Assistant Supervisors of Elections, and the Elections Commissioners may use the | |
Office of Student Government’s copy machines, computers or other materials in Student | |
Government for any nonpartisan elections related purpose. | |
734.0 | |
If a candidate who has qualified for office and has been placed on the ballot by the Supervisor of | |
Elections wishes to withdraw from the election, the candidate may withdraw if the candidate | |
informs the Supervisor of Elections in writing that the candidate no longer wishes to remain on | |
the ballot no later than the second Wednesday immediately preceding the first day of the election | |
by 5:00 P.M. If a political party slated a candidate, that political party may replace that withdrawn | |
candidate with a candidate who has already been qualified as an independent, up until two hours | |
prior to the finalization of the ballot as dictated by the Supervisor of Elections at the mandatory | |
meeting described in Section 713.5, S.B.S. | |
735.0 | |
Candidates may be excused from the mandatory candidate meeting listed in Section 713.5, S.B.S. | |
by submitting a written excuse for their absence no later than noon on the day of the meeting, or | |
by receiving special permission from the Supervisor of Elections and/or the Elections | |
Commission. All candidates who do not attend and who have not been excused by the Supervisor | |
of Elections or the Elections Commission shall be disqualified. | |
736.0 | |
Any candidate stricken from the certified list may appeal to the Division of Student Affairs for | |
issues of academic qualifications or the Elections Commission for issues of Student Government | |
qualifications if the person believes they are qualified for office. Any error corrected by the | |
Division of Student Affairs or the Elections Commission must be certified to the Supervisor of | |
Elections no later than 5:00 P.M. on the second Wednesday preceding the election or the | |
candidate will not be eligible for office. | |
737.0 | |
The Supervisor of Elections shall automatically reclassify any person originally qualifying as a | |
party candidate who is not included on the list described in Section 742.0, S.B.S. as an independent | |
candidate. In order for any candidate who was reclassified by the Supervisor of Elections to remain | |
on the ballot as an independent candidate, that candidate shall notify the Supervisor of Elections, | |
in writing, of their intent to remain an independent candidate. If an independent candidate does | |
not notify the Supervisor of Elections of their intent to remain on the ballot within one (1) hour of | |
the end of the meeting specified in 713.5, the Supervisor of Elections shall remove the candidate’s | |
name from the ballot. This section does not apply to candidates who originally qualified as | |
independent candidates and did not qualify as a candidate of a party before the deadline as stated | |
in Section 742.1, S.B.S. | |
738.0 | |
Any student attempting a write-in campaign must email the Supervisor of Elections that they | |
intend to seek office prior to the close of polls on the second day of elections in order to be eligible | |
for office. | |
CHAPTER 740 – THE POLITICAL PARTIES ACT (2000-141, 2001-112, 2001-141, 2002-144, 2004-116, | |
2005-137, 2006-113, 2006-129, 2007-120, 2008-142, 2009-105, Board of Trustees ruling, 2010-100, 2010-102, | |
2011-100, 2011-107, 2012-101, 2014-121, 2020-1024, 2020-1043, 2021-109) | |
740.1 | |
This subsection, from 740.001 to 749.999, shall be known as “The Political Parties Act.” | |
741.0 | |
All prospective political parties shall physically file a party registration form with the | |
Supervisor of Elections or their designee at the Student Government office no sooner than | |
9:00 AM seven (7) calendar days prior to the first day of qualifying and no later than noon of | |
the day immediately prior to the first day of qualifications as specified in 733.0. The party | |
registration form shall include the following information: | |
(a) Name of party; | |
(b) Name, student identification number, email address, and telephone number of the | |
party president; | |
(c) Name, student identification number, email address, and telephone number of the | |
party treasurer; | |
(d) Any information required to comply with Section 741.04. | |
741.01 | |
The identity of the party president and party treasurer must be verified at submission. | |
741.1 | |
When registering political parties, the name of the party may be retained by the students who used | |
that name in the previous election. The party president (and only the party president) of the party | |
from the previous semester has the right of first refusal to the party name if the party ran one (1) | |
campaign in the last three (3) election cycles. If the party president does not want to use the name | |
again, the name may be used by the group that submits the first complete registration form in | |
accordance with Section 741.0, S.B.S. | |
741.2 | |
The Supervisor of Elections shall submit a copy of each political party’s registration information | |
to the Director of the Department of Student Activities and Involvement for registration as a | |
student organization. Registration shall be valid through the tenth day after the results of the | |
election are announced. | |
742.0 | |
To qualify as a political party a prospective political party must fulfill one or more of the | |
following: | |
(a) Have candidates for the office of Student Body President, Student Body Vice | |
President, and Student Body Treasurer; | |
(b) Have at least 6 candidates for the Student Senate. | |
742.01 | |
Any prospective political party that fails to meet Section 742.0, S.B.S. shall be disqualified. | |
742.1 | |
A political party shall submit a list of all Senate and Executive candidates and the respective | |
offices those candidates are seeking to the Supervisor of Elections no later than 11:59 A.M. on | |
the next calendar day after qualifying ends. The political party shall certify that all persons | |
included on the list have agreed to be candidates with only their political party. The list shall be | |
alphabetized by last name in order of the respective offices the candidates are seeking and shall include | |
each candidate's student identification number. A group of candidates may not run as a political party | |
unless they have complied with this section. It is the responsibility of each political party/independent | |
candidate to provide the Supervisor of Elections with all necessary information, compiled properly, by | |
the deadline. The Supervisor of Elections shall submit a copy of this list to the Student Government | |
Advising & Operations staff, pursuant to Section 713.3, S.B.S. | |
744.0 | |
A political party may not select, and the Supervisor of Elections may not approve, a name that is | |
so similar to any of the following so that it would confuse a reasonable voter: | |
(a) A previously registered political party that has run one (1) campaign in the last three | |
(3) election cycles and is running in the present election; | |
(b) Any student organization registered with the Department of Student Activities | |
and Involvement. | |
(c) Any other party name previously registered and running in the present election that the | |
Supervisor of Elections determines is likely to cause confusion. Registered names lapse | |
after three (3) election cycles. Any decision of the Supervisor of Elections under this | |
section may be appealed to the Elections Commission. | |
744.1 | |
A political party may be held liable for the actions of individuals or organizations supporting it. | |
If a complainant can demonstrate by clear and convincing evidence that the candidate or political | |
party solicited the individual, or organization to violate any provision of the Student Government | |
Election Code in support of a candidate, the Elections Commission may hold the candidate or | |
political party responsible. If the Elections Commission determines by preponderance of the | |
evidence that an individual or organization deliberately violated this chapter in an attempt to | |
penalize a candidate, the Elections Commission may refer the individual or organization to the | |
Supreme Court. | |
745.0 | |
A political party may replace a candidate who was disqualified with another candidate for that | |
office if the new candidate (1) has qualified for the office, (2) is not already running for office | |
with another recognized party, and (3) has submitted written approval of their qualification. | |
Written approval must be submitted to the Supervisor of Elections no later than 5:00 | |
P.M. on the second Wednesday immediately preceding the election. | |
746.0 | |
All political parties must comply with all rules and regulations governing student organizations | |
set forth by the Department of Student Activities and Involvement. | |
CHAPTER 750 – THE ELECTION FINANCE ACT (2000-141, 2006-129, 2010-103, 2012-101, 2020-1024, | |
2020-1043, 2021-109) | |
750.1 | |
This subsection, from 750.001 to 759.999 shall be known as “The Election Finance Act.” | |
751.0 | |
Each political party, or candidate, if running as an independent, shall submit to the Supervisor of | |
Elections each Monday by 5:00 P.M. starting after the mandatory meeting referenced in Section 713.5, | |
S.B.S. until the Monday following the election, as well as the Tuesday, Wednesday, and Thursday of | |
election week, a statement of all contributions and expenditures. A copy of all bills received or paid | |
by the political party or on the political party’s behalf are not required to be submitted, but shall be | |
maintained by the political party or candidate in the event they are subpoenaed by the Supreme Court. | |
751.1 | |
All political parties and independent candidates must submit financial reports on time even if no | |
funds were raised or spent during that reporting period. | |
751.2 | |
If a political party or independent candidate fails to submit a financial report pursuant to Section | |
751.0, S.B.S. on time and in full, the Supervisor of Elections shall file a complaint against that | |
party or candidate with the Elections Commission within 24 hours. | |
751.3 | |
If the Elections Commission finds that a political party or independent candidate failed to file a | |
financial report pursuant to Section 751.0, S.B.S. or filed a late financial report, the party or | |
candidate shall be guilty of a violation of these Election Codes and be subject to penalty pursuant | |
to Section 728.2, S.B.S. | |
CHAPTER 760 – THE ELECTION CAMPAIGN ACT (2000-141, 2002-144, 2002-155, Spring 2006 Ballot | |
Initiative, 2006-129, 2007-131, 2008-107, 2009-101, 2011-100, 2012-101, 2012-107, 2012-SC: Students Party | |
v. Swamp Party, 2013-SC: Students Party v. Swamp Party, 2016-104, re: “MERWITZER I”, 2020-1024, 2020- | |
1043, 2020-1067, 2021-109) | |
760.1 | |
This subsection, from 760.001 to 769.999, shall be known as “The Election Campaign Act.” | |
761.1 | |
Campaign Activities begin on the first day of the active election cycle and ends immediately after | |
the close of polls on the final day of elections. | |
761.2 | |
The maintenance of a campaign website shall be permitted four weeks prior to the first date of | |
Fall and Spring election and shall conclude at the end of both the Fall and Spring General | |
election. | |
761.3 | |
No candidate shall give, offer, or promise to any student or student organization any benefit not | |
authorized by student body law in order to influence the votes of that student or members of that | |
organization. | |
762.0 | |
Candidates shall ensure that all “campaign material” as defined in Section 700.4(f), S.B.S. shall | |
be labeled with the phrase "Registered Political Advertisement" or a phrase of similar import | |
approved by the Supervisor of Elections. The phrase shall be followed by the name of the | |
individual who authorized the creation of, disbursement of, or payment for, a piece of campaign | |
material. In addition, all campaign material must be registered with the Supervisor of Elections | |
or their Assistant Supervisors of Elections prior to the time of distribution. Procedures for | |
distribution and posting of campaign material not provided for by the Student Government Election | |
Code may be established by the Supervisor of Elections or by the Elections Commission. However, | |
such procedures shall not be inconsistent with the Student Government Election Code and they shall | |
not be effective unless presented in writing to the candidates and registered political parties twenty- | |
four (24) hours prior to the time that any such procedures take effect. | |
762.1 | |
The Supervisor of Elections and their designees have the exclusive right to create and distribute any | |
election related materials emblazoned with the Student Government logo including, but not limited | |
to, the official Student Government “I Voted” stickers, during the Election Cycle. | |
762.2 | |
No candidate or representative of a political party may misrepresent any material as being the | |
material of the Supervisor of Elections. | |
762.21 | |
Any impersonation of another political party/independent candidate by a candidate, | |
representative, or campaign material of another political party/independent candidate shall | |
be considered an Election Violation. | |
762.3 | |
Campaign material may only be posted on off-campus property in compliance with the laws and | |
regulations applicable to Alachua County elections. | |
762.4 | |
No unauthorized person may post or remove any campaign material of any candidate or political | |
party. The Supervisor of Elections or Assistant Supervisors of Elections may remove any and all | |
campaign material posted, displayed, or distributed in unauthorized locations pursuant to Section 733.6, | |
S.B.S. | |
762.41 | |
No candidate or political party shall destroy, remove or steal any campaign material of another | |
candidate or political party. | |
762.5 | |
No candidate or representative of a political party shall attach campaign material to any road | |
surface or walkway on University property. | |
762.65 | |
No candidate or representative of a political party shall distribute or place campaign material on | |
any mode of transportation without the permission of the owner. | |
762.7 | |
No candidate or representative of a political party shall place any campaign material in message | |
boxes in residence halls, unless the campaign material conforms to University regulations, | |
Department of Housing and Residence Education policies, and the Student Body Statutes. | |
763.0 | |
Candidates may not campaign in classrooms. | |
763.1 | |
No candidate or representative of a political party may engage in door-to-door campaigning on | |
University property. | |
763.11 | |
No candidate or representative of a political party may knock on any door or attempt to enter any | |
room if there appears in plain view, a written notice stating, “No Solicitors”, "No Campaigning", | |
"Do Not Disturb with Campaigning", or words of substantially similar import. | |
763.2 | |
No candidate for Student Senate may campaign during the time of or in any regular or special | |
meeting of the Student Senate. Any candidate failing to comply with this provision may be | |
disqualified from the election. | |
763.3 | |
No candidate or representative of a political party shall campaign at any time when to do so | |
would necessitate a violation of University regulations relating to visitation or solicitation on | |
residence hall floors by members of the opposite sex. | |
763.4 | |
Candidates may not campaign or distribute campaign materials in any library or designated study | |
area. | |
763.5 | |
No campaigning shall take place within fifty (50) feet of the door of any polling location or | |
within fifty (50) feet of any queue of voters defined in Section 700.4 (z), S.B.S. waiting to vote, | |
with the exception of the designated outdoor tabling space at the J. Wayne Reitz Union. | |
764.0 | |
All emails sent regarding Student Government elections by candidates, parties, students, faculty, and | |
administrators shall comply with the email usage regulations as promulgated by the Chief | |
Information Officer in the “Acceptable Use of University Computing Resources Policy”. Any | |
candidate, party, Student Government Official, or Officer of a Student Government Funded | |
Organization who violates the rules herein defined shall be referred to the Elections Commission. | |
CHAPTER 770 – THE GENERAL ELECTION ACT (2000-141, 2001-113, 2002-144, 2004-116, 2005-138, | |
Spring 2006 Ballot Initiative, 2006-123, 2006-129, 2007-103, 2007-109, 2007-111, 2007-112, 2008-104, 2009- | |
104, Board of Trustees ruling, 2010-100, 2011-115, 2012-101, 2012-107, 2020-1024, 2020-1043, 2021-109) | |
770.1 | |
This subsection, from 770.001 to 779.999 shall be known as “The General Election Act.” | |
771.0 | |
No qualified elector may vote or be admitted to a voting booth unless the elector presents to a poll | |
worker, as referred to in Section 700.4(y), S.B.S. their University identification card or an official | |
picture ID which matches their name to the University registrar’s list as evidence of the | |
elector’s eligibility to vote as a student or verifies their identity through an electronic method of | |
voter verification as defined in Section 700.4 (o), S.B.S. | |
771.4 | |
Secure location online voting is legal and may be utilized in Student Government elections | |
771.5 | |
No voting process shall be allowed that is contrary to the provisions provided in Section 771.0, S.B.S. | |
771.7 | |
Unsecured Site Online Voting as defined under Section 700.4(gg), S.B.S. shall not be allowed. | |
771.8 | |
Secure Location Electronic Voting as defined under Section 700.4(dd), S.B.S. shall be allowed. | |
771.9 | |
LEGISLATIVE INTENT – The Student Senate expressly affirms the importance of ballot | |
integrity and prohibits any voting method that does not guarantee an elector the privacy of an | |
insulated voting booth as defined in Section 700.4(ii), S.B.S. | |
771.10 | |
LEGISLATIVE INTENT – In order to protect the integrity of the electoral process, this | |
Legislature designates Secure Location Electronic Voting, as defined under Section 700.4(dd), | |
S.B.S. as the preferable method by which elections shall be conducted. As such, Secure | |
Location Electronic Voting shall be utilized in any Student Body Election in which feasibility | |
is determined by the Supervisor of Elections. | |
771.11 | |
For the purpose of determining an elector’s eligibility to vote, the Registrar's Office records shall be | |
conclusive and binding. The Supervisor of Elections or the Elections Commission may establish | |
procedures for the Registrar's Office to certify a corrected address or classification, such as a procedure | |
for the elector to vote contrary to Registrar’s Office records by sworn affidavit. | |
772.0 | |
In order for any amendments to the Student Body Constitution proposed by the Student Senate in | |
accordance with Article VIII, Section 1 of the Student Body Constitution to be placed on the | |
ballot, they must have been finally approved by the Student Senate no later than twenty-eight (28) | |
days prior to the spring general election and must be presented to the Supervisor of Elections no | |
later than twenty-four (24) hours after final Student Senate approval. | |
772.1 | |
For a referendum question to be placed on the ballot of a general election, it must pass final | |
reading by a 2/3 vote of members of the Student Senate present and voting no later than twenty- | |
eight (28) calendar days before the first day of the election and must be presented to the | |
Supervisor of Elections no later than twenty-four (24) hours after passing final reading. | |
773.0 | |
Amendments to the Student Body Constitution proposed by petition in accordance with Article VIII, | |
Section 2 of the Student Body Constitution in accordance with Section 773.1, S.B.S. shall be filed | |
with the Supreme Court no later than twenty-eight (28) calendar days before the beginning of a general | |
election. If all constitutional and other requirements established by law are satisfied, the Supreme | |
Court shall certify the petition to the Supervisor of Elections for inclusion on the ballot. | |
773.1 | |
All petitions filed with the Supreme Court as provided in Section 773.0, S.B.S. shall satisfy | |
all of the following requirements: | |
(a) All names must be accompanied by the signature of the individual who allegedly | |
signed the petition; | |
(b) All signatures must be in non-erasable ink; | |
(c) All names must be signed exactly as the person's name is recorded with the Registrar's | |
Office; | |
(d) All names must be followed by a student identification number. | |
(e) Each page containing signatures shall have the proposed initiative statement of intent | |
or referendum question stated in full at the top of the page; | |
(f) Each page containing signatures shall include the identity and signature of the person | |
responsible for securing signatures for that page and that person shall certify all of the | |
following: | |
(1) All signatures were made by different individuals; | |
(2) No threats or coercive statements were made to induce a person to sign the | |
petition; | |
(3) The signature of the person responsible for securing the signatures may only | |
be counted once. | |
(g) Each page containing signatures shall include the statement: “Upon request, the full | |
text of the amendment shall be made immediately available to any signatories.” | |
773.11 | |
Student Government Advising & Operations staff will verify that individuals who have signed a | |
petition in accordance with Section 773.0, S.B.S. are currently registered University of Florida | |
students. | |
773.12 | |
Student Government Advising & Operations staff need only verify enough signatures to ensure | |
that the petition has met the minimum threshold in Article VIII, Section 2 of the Student Body | |
Constitution. | |
773.2 | |
The full text of the amendment shall be available to all signatories at the time of signing. | |
773.3 | |
The Supreme Court shall not certify any petition failing to meet the requirements of section | |
773.1, S.B.S. | |
773.4 | |
Certification of a petition pursuant to Section 773.0, S.B.S. will be by majority vote of the | |
Supreme Court. Any certification must take place no later than eleven (11) days before an election | |
in order for a referendum to appear on the ballot for that election. | |
774.0 | |
Each qualified elector shall be responsible for ensuring that their registration and address are | |
current and correct on the Registrar's Office records. | |
775.0 | |
Every elector that requests an absentee ballot from the Supervisor of Elections by the second | |
Wednesday immediately preceding the election by 5:00 P.M. may cast an absentee ballot in lieu | |
of an election ballot. The Supervisor of Elections shall deliver an absentee ballot to an absent | |
elector making a timely request for an absentee ballot no later than five (5) business days before | |
the election. The Supervisor of Elections shall ensure that a stamped, self-addressed envelope | |
and instructions on the use of an absentee ballot accompanies each absentee ballot. | |
775.1 | |
An absentee elector shall return the absentee ballot they have been issued pursuant to Section | |
775.0, S.B.S. to the Chief Justice of the Supreme Court by mail or any other means that the | |
Supreme Court deems proper. An absentee ballot may not be counted unless received by the Chief | |
Justice of the Supreme Court before the closing of polls of the election. | |
775.11 | |
The Chief Justice of the Supreme Court or the Chief Justice’s designee from the Supreme Court, | |
as provided in the Student Body Constitution, shall count the votes cast by absentee ballot, and | |
the absentee voter’s right to a secret ballot shall be preserved. Before an absentee ballot is | |
counted, the Chief Justice or the Chief Justice’s designee from the Supreme Court shall | |
determine from the rolls of electors used at the regular polling places, that the elector has cast no | |
other ballot. | |
775.2 | |
The Supervisor of Elections shall determine the form of the application for absentee ballot and | |
the form of the absentee ballot pursuant to Section 714.0, S.B.S. | |
775.21 | |
The absentee ballot application shall include sections for students to provide their name, UFL | |
email, UFID, phone number, local address, and mailing address. | |
775.22 | |
The absentee ballot shall contain names of all candidates that appear on the corresponding ballots, | |
and shall contain adequate provision for writing in the names of candidates not appearing thereon, | |
unless the absentee ballot is to be used in a run-off election. The Supervisor of Elections shall | |
ensure that the absentee ballot clearly indicates each office for which the voter is eligible to vote. | |
776.0 | |
Any registered student organization may use the voting machine at its own expense, with the | |
approval of the Supervisor of Elections. | |
776.3 | |
The Student Senate may by law or resolution require a fee for an organization to use a voting | |
machine or voting machines. | |
777.0 | |
The Supervisor of Elections shall ensure that all polling locations: | |
(a) are on the ground floor of any building, room, or area that is not equipped with an | |
Americans with Disabilities Act accessible passenger elevator; | |
(b) are not in a building or room that does not have an ADA accessible doorway; | |
(c) have a readily accessible table that can accommodate a person using a wheelchair. | |
Any such table shall be equipped with a privacy booth; | |
(d) have adequate space for a person using a wheelchair or a walker to access the | |
location; and | |
(e) are equipped with any other materials that may be necessary for compliance with the | |
ADA. | |
778.0 | |
Any elector who casts or attempts to cast more than one ballot, or tamper with an election system, | |
in any election shall be guilty of a violation of the Student Government Election Code. | |
778.1 | |
Any voter who casts, or attempts to cast, more than one ballot, tampers with an election system, | |
or attempts to register to vote at a regular polling location more than once in any election or | |
attempts to vote at a regular polling location after submitting an absentee ballot, or submits an | |
absentee ballot after voting at a regular polling location shall be guilty of an offense against the | |
Student Body. | |
778.2 | |
The Supervisor of Elections shall investigate any alleged violation of Section 778.1, S.B.S. | |
778.3 | |
The Supreme Court shall have jurisdiction over any alleged violation of Section 778.1, S.B.S and may | |
punish any violation of Section 778.1, S.B.S. by any of the range of sanctions available to the Supreme Court. | |
778.31 | |
If the Supreme Court is unable to accept jurisdiction over alleged violations of Section 778.1, S.B.S., the | |
Supervisor of Elections shall refer any alleged violations of Section 778.1, S.B.S. to the office of Student | |
Conduct and Conflict Resolution. | |
CHAPTER 780 – THE ELECTION TABULATION AND VALIDATION ACT (2000-141, 2002-144, 2006- | |
129, 2014-114, 2020-1043, 2021-109) | |
780.0 | |
This subsection, from 780.001 to 789.999, shall be titled “The Election Tabulation and Validation | |
Act” and shall be concerned with the election procedures of validation. | |
781.0 | |
The Supervisor of Elections shall present the vote totals to the Student Senate. | |
782.0 | |
The Chair of the Elections Commission may present the Elections Commission’s recommendation of | |
validation of the vote totals to the Student Senate. If the Elections Commission recommends | |
invalidation, then the Chair of the Elections Commission shall present the report created pursuant to | |
Section 729.2, S.B.S. to the Student Senate. | |
783.0 | |
The Student Senate shall have sole responsibility for validation of elections by a majority vote | |
provided any decision to invalidate is based upon fraud or gross unfairness as supported by the | |
findings of fact from the Elections Commission. The Student Senate may obtain a recommendation | |
to validate or not to validate from the Elections Commission based solely upon findings of fact | |
pursuant to Section 729.2, S.B.S. | |
CHAPTER 790 STUDENT GOVERNMENT INITIATIVE AND REFERENDUM ACT (2000-141, 2001-114, | |
2002-144, 2004-116, 2006-129, 2007-109, 2008-128, 2019-111, 2020-1043, 2021-109) | |
790.0 | |
This chapter shall be titled the “Student Government Referendum Act.” | |
790.1 | |
Referendum questions to be proposed by petition must be submitted to the Elections Commission | |
to be amended and approved prior to signatures being collected. All signatures must be collected | |
within seven (7) school days of the referendum question being approved by the Elections | |
Commission to ensure that it fulfills all the requirements of Section 773.1, S.B.S. | |
790.2 | |
Referendum questions may be proposed by a petition containing the signatures of 1,000 | |
members of the electorate. Any petition created under this section must be filed with the | |
Elections Commission no later than twenty-eight (28) calendar days before the election that | |
the petitioner intends to place the referendum questions on the ballot. | |
790.21 | |
Referendum questions approved by a majority of the students voting on the question shall be | |
considered enacted and shall be treated in the same manner as resolutions adopted by the Student | |
Senate. | |
790.3 | |
The Elections Commission shall review the referendum, signatures, and all other | |
corresponding documents following the collection of signatures, to ensure that it | |
effectively conveys its legislative intent and fulfills all of the requirements of Section 773.1, | |
S.B.S. | |
790.4 | |
Failure to meet the requirements of Sections 773.1(a), 773.1(b), 773.1(c), or 773.1(d), S.B.S. | |
may result in particular signatures being disqualified by the Elections Commission. Entire | |
pages may also be disqualified if they do not comply with Sections 773.1(e), 773.1(f), or | |
773.1(g), S.B.S., and all signatures collected by the offending petitioner may be disqualified | |
if the petitioner collecting signatures did not comply with Section 773.2, S.B.S. The Elections | |
Commission may, at their discretion, use a random sampling technique to verify signatures and | |
validate petitions. | |
790.5 | |
The Elections Commission shall deliver all referendum questions to the Supervisor of | |
Elections no later than the second Friday immediately preceding the election by 5:00 P.M. | |
if the referendum questions conform to the Student Body Statutes. | |
790.6 | |
LEGISLATIVE INTENT – The legislative intent of this act is to recognize that the Student Body | |
retains sovereignty over its Student Government and the right to establish its opinion on certain | |
issues. This act intends to establish procedures by which students can promote referendum | |
questions. | |