2015 Election and Referenda Code
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1 2015 Election and Referenda Code Updated: Feb. 27, 2015 Chief Returning Officer: Pavani Cherukupally (Mechanical and Industrial Engineering, Applied Science) Deputy Returning Officer: Marina Freire-Gormaly (Mechanical and Industrial Engineering, Applied Science) Election and Referenda Committee Michelle St-Amour (UTGSU Staff) Anam Qudrat (Institute for Biomaterials and Biomedical Engineering, Applied Science) Alex Bauer (Centre for Medieval Studies, Arts and Science) UTGSU 2015 Election and Referenda Code 1
2 SECTION A: Election and Referenda Information Available Positions: Academics and Funding Commissioner, Divisions 1 and 2 Academics and Funding Commissioner, Divisions 3 and 4 Civics and Environment Commissioner External Commissioner Finance and University Governance Commissioner Internal Commissioner Election Timeline: Mon Feb 9 th : Nominations period opens Fri Feb 20 th : Nominations close Fri Feb 27 th : Mandatory All-Candidates Meeting 5:30-7pm Mon Mar 2 nd : Campaigning begins Wed Mar 4 th : All-Candidates Debate 5pm 7pm Tues Mar 10 th : Voting begins - DAY 1 Wed Mar 11 th : Voting continues - DAY 2 Thurs Mar 12 th : Voting ends; campaigning ends DAY 3 Referenda Questions: 1. Are you in favour of the proposed levy for Students for Barrier-free Access? 2. Are you in favour of the proposed levy for the Sexual Education Centre? SECTION B: General Rules 1. Candidates are responsible for obtaining and understanding the information provided at the mandatory all-candidates meeting, on Friday February 27, 5:30-7pm. 2. Candidates who wish to drop out of the race after declaring their intention to run have until 4pm on Monday March 2 to do so. After this time, all confirmed candidate names will be on the ballot. 3. Candidates are responsible for the behaviour of their supporters in any campaign activity. 4. Candidates shall campaign in accordance with the rules of fairplay. Breaking the rules of fair play includes, but is not limited to: breaching generally accepted community standards, libel, slander, general sabotage of the campaigns of other candidates, malicious and/or intentional breach of the Election and Referenda Code, attempting to undermine the electoral process including interference with polling station materials and/or poll clerks, and misrepresentation of fact. 5. Candidates are responsible for familiarizing themselves with the relevant University rules and Codes (e.g. Harassment, Student Conduct), and to ensure they and their supporters adhere to those rules. UTGSU 2015 Election and Referenda Code 2
3 6. No campaigning shall take place before the campaign period officially begins (12:01am on Monday, March 2 nd, 2015). 7. All campaign materials must be removed by 11:59 pm on Thursday, March 12, 2015, which is the final day of voting. 8. All campaign tactics, material and/or advertisements need approval by the CRO in advance of posting or distribution. 9. Candidates may not form and run as "slates" or with a group party affiliation, nor can candidates have the appearance of slates in the election process as this is in accordance with the UTGSU Elections Policy Article G Campaign or election related materials or advertisements that seek to oppose the election of one or more candidates (e.g. naming them, showing their likeness, identifying them by their political affiliations etc.) will not be approved. 11. Campaign or election related materials or advertisements that are discriminatory based on gender, ethnicity, race, class, ability, religion, spiritual beliefs, sexuality, sexual orientation, nationality, or age will not be approved. 12. No campaigning of any form is permitted in the Union offices, or any area that can be perceived to be under Union jurisdiction, including UTGSU General Council meetings, unless otherwise stated by the CRO. 13. Candidates may not campaign in any classroom without the express permission of the instructor in charge of the class. Such permission must be obtained before the beginning of the class. Campaigning may not interrupt or interfere with classroom activity. 14. Candidates and their campaign materials are not allowed within six metres of a designated polling station that the candidate knew about, or ought reasonably to have known about, except to vote on election days. 15. Candidates may not use in their campaign any service or tangible benefit conferred on them by virtue of their holding any position in any organization on campus. This includes: office supplies, equipment, advertising space, administrative services, privileged lists (i.e. listserves), staff time, and funding. 16. Candidates are allowed to utilize public listserves (where anyone can have access and/or place a request to include their materials). Texts of all campaigning material requires prior approval from CRO. If submitting request to campaign via listserve, CRO needs to be CC'd as proof that the managing department liaison was ed as opposed to having an unfair advantage in accessing listserves. UTGSU 2015 Election and Referenda Code 3
4 17. The limit for election related expenses for each candidate is $100 (subject to final election budget) as determined by reasonable market value. Candidates must keep track of their expenses and save receipts, and submit these to the CRO by 11:59 p.m. one business day after the close of the election. Expenses incurred by candidates for the purpose of campaigning will be reimbursed by the Union up to the $100 limit. 18. Unless stated otherwise, all rules in this Code also apply to third party advertisers, defined as people not affiliated with or working with any particular candidate in the election. 19. Third party campaigners cannot be associated with large corporations to give a candidate an unfair advantage over other candidates to do accessibility of corporate affiliated resources and strategies. SECTION C: Posters 1. The UTGSU will make paper and photocopy machines available to candidates for the purpose of creating posters and/or leaflets. Candidates must use the Union s photocopy machine for creating posters, i.e. photocopying is not a valid expense for which candidates will be reimbursed. 2. Each candidate is allowed a maximum of: a. 300 posters on 8 1/2 x11 sized paper; and b. 25 posters on 11x17 sized paper 3. Within the above limits, a maximum of 75 posters may be in colour, regardless of size. 4. Posters may be divided into smaller leaflets from either sized sheets. 5. No glossy or laminated posters are allowed. 6. All text in other languages on campaign materials must have an accurate English translation that appears in equal stature and size. 7. Posters and leaflets must contain the following phrase somewhere in plain sight on the material: Please recycle after the election. 8. Distribution and display of campaign materials must be in accordance with the regulations of Facilities & Services (please refer to the Procedure on Distribution of Publications, Posters, and Banners available online) and the rules governing posting within each building. 9. All posters may only contain information that is relevant to the election. 10. Campaign materials may not overlap or be attached to any campaign materials (including one s own) already affixed to an object or surface. This rule is inclusive of UTGSU elections and all other current campus elections (e.g. Governing Council etc.). UTGSU 2015 Election and Referenda Code 4
5 11. Campaign materials may not be affixed to surfaces in classrooms or seminar rooms. 12. Candidates may not remove from any location, whether materials are posted legally or illegally, the materials of other candidates or third parties without the express authorization of the CRO. SECTION D: Electronic Materials 1. Candidates may use electronic fora (e.g. Websites, etc.) in their campaigns so long as the materials adhere to all the rules contained in this Code and have received explicit approval from the CRO. 2. Prior approval for major changes to electronic fora must also be sought from the CRO. 3. Electronic fora that are normally considered free (e.g. Facebook, accounts, University of Toronto personal web space etc.) shall be allowed and considered as costing $0. 4. In addition to adhering to the rules contained in this Code, electronic campaign materials must be in accordance with the University s policies regarding information and communication technology, and must respect the privacy of students, faculty and staff. 5. With regard to electronic listserves, you may only post campaign materials to "open" lists, that is, lists that are either unmoderated and to which anyone can post, or else moderated but open to submissions from everyone regardless of affiliation. Please note: it is possible that a moderator of a particular list may choose to post the materials of one candidate but not another. So long as this is an editorial decision of the moderator (i.e. in general, membership or affiliation is not required in order to post), this shall be considered an "open list" and is therefore allowed. 6. Candidates must have the text of any electronic list postings, though not every list to which they will post it, approved in advance by the CRO. UTGSU 2015 Election and Referenda Code 5
6 SECTION E: Violation of Rules 1. The CRO has authority to enforce the provisions of this Code. The Election and Referenda Committee may enforce this Code where no ruling is given by the CRO. 2. Candidates may appeal a ruling of the CRO to the Election and Referenda Committee, which reserves the right to modify any ruling of the CRO. 3. The CRO and the Committee both have the discretionary power to make decisions about issues and events not otherwise covered by this Code. 4. Allegations of violations of the Election and Referenda Code must be submitted by (cro@utgsu.ca) to the CRO. Allegations must be made within 24 hours of the closing of the voting period. 5. Where the CRO or the Committee find evidence of a violation, the CRO and/or Committee may charge a candidate with a violation without having receive a third party allegation. 6. The CRO will render a decision within 72 hours to the complainant and the candidates in question; if the activity outlined in the complaint is ongoing, the complaint will be deemed time sensitive, in which case the CRO will render a decision within 24 hours. 7. Rulings of the CRO and the Committee will be posted on the Elections webpage and distributed by to the complainant and candidates in question. 8. It is the responsibility of each candidate to be aware of every decision made by the CRO or Committee, especially decisions regarding violations committed by that candidate. 9. Where the CRO and/or the Committee finds there has been a violation of the Election and Referenda Code by a candidate or a supporter of the candidate, the CRO and/or the Committee may assign a penalty and demerit points. 10. The CRO and/or the Committee reserve the right to assign an amount of demerit points for a given penalty sufficient to disqualify a candidate should they feel that the severity of the penalty warrants such action. 11. A total of 35 or more demerit points will result in disqualification. 12. Demerit points can be given, and candidates therefore disqualified, up to one week following the close of polls (i.e. 4pm on Thursday, March 19 th, 2015). This includes demerit points for failing to remove posters by the end of the campaign period (See Section B, #6). 13. Appendix 1 contains a chart of demerit points to act as a guideline for issuance. Values may be changed at the discretion of the CRO and the Committee. UTGSU 2015 Election and Referenda Code 6
7 SECTION F: Voting 1. Except mail-in ballots, voting will be held over three days, from Tuesday, Mar 10 th to Thursday, Mar 12 th, Polling booth locations and times are as follows: Poll # Location Mar 10 th Mar 11 th Mar 12 th Graduate Students Union* Front Entrance Lobby Sidney Smith Hall Main Floor Lobby Robarts Library Cafeteria, 2nd Floor OISE Library, Ground Floor EJ Pratt Library Front Foyer Kelly Library, St Mike s Lobby Princess Margaret Hospital 7 th Floor Atrium Galbraith Lobby Koffler Student Centre Lobby/Mall 11am-4pm 11am-7pm 11am-4pm 10 Gerstein Library Lobby Sunnybrook Hospital E1 Foyer/ Harlequin Cafe Aerospace Cafeteria 11am-1pm 2pm-4pm UTSC 11am-4pm The Student Centre UTM 11am-4pm The Meeting Place (Exact polling station locations and times may subject to change) *Please note that this location is not accessible. We apologize for the inconvenience. 2. Mail-in ballots will be available to students unable to be on campus during official voting days. To obtain a mail-in ballot, students must the CRO stating their reasons for a mailin ballot. Upon approval, the CRO will send to the student by post: a. Registration form b. Instruction sheet UTGSU 2015 Election and Referenda Code 7
8 c. Ballot and separate envelope d. self-addressed stamped envelope 3. All mail-in ballots must be returned to the UTGSU office postmarked by Friday, Mar 6 th, 2015 in order to be considered valid. 4. All Union members, except the CRO, may vote for all positions (the CRO may vote only in the event of a tie). 5. In the event that a position has three (3) or more candidates, voters will be invited to rank their top three choices for any given position to enable instant runoff voting. In this system, the top choice votes are counted first. If no one candidate reaches 50% of the vote after the first count, votes for the candidate coming in last place are discarded and the second choice on their ballots are added to the vote tally. This procedure continues until one candidate passes the 50% threshold. 6. In the event that a position has only one (1) candidate, voters will be invited to participate in a vote of confidence via a YES/NO ballot. 7. The CRO, DRO, and the Election and Referenda Committee will count votes. 8. Candidates may send one scrutiniser to observe the counting process. Candidates must submit the name of this person in writing to the CRO by 4pm on Thursday, March 12 th. 9. Results are not considered official until received by ratification vote at UTGSU Council. 10. Ballots will be destroyed after all disputes are reconciled and a motion to destroy the ballots has been passed by the UTGSU Council. For all communication with the CRO, please use: cro@utgsu.ca Please regularly check the Elections Page of the GSU website for updates: UTGSU 2015 Election and Referenda Code 8
9 APPENDIX 1: Demerit Points Chart ign Materials Violation Campaign Materials Violation Unintentional misrepresentation of facts 3 Multiple violations in the same location/building 4 Unapproved material 15 Displayed in an unauthorized area 5 Pre/post campaign materials 6 Multiple violations within ten metres 8 Intentional misrepresentation of facts 10 Failure to include Please recycle... on materials 3 Campaigning Violation Unintentional misrepresentation of the facts 3 Distribution of campaign material within six metres of a polling station Unsolicited campaigning 5 Improper distribution of campaign materials 8 Multiple violations within ten metres 8 Intentional misrepresentation of facts 10 Campaigning in an unauthorized area 10 Pre/post campaigning 10 Exceeding the spending limits of the election 10 Fair Play Violation Candidates enforcing Election and Referenda Code 5 Unsanctioned use of Union resources 15 Gross misrepresentation of facts 20 Malicious or intentional violation of Election and Referenda Code Abuse of position or status 15 Failure to comply with the spirit and purpose of the election 35 y V Note: A total of 35 Demerit points qualifies for disqualification UTGSU 2015 Election and Referenda Code 9
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