Internal Regulations of Elections and Referenda
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Internal Regulations of Elections and Referenda Updated as of 2019-10-24 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories TABLE OF CONTENTS 1. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-01: INTERPRETATION 8 Part I: Application 8 Part II: Definitions 8 2. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-02: GENERAL 10 2.1 Creation of the Independent Agency - Elections SSMU 10 General 10 Administration 10 2.2 Composition 10 Electoral Officers 10 Signing Officers 11 Restrictions 11 Appointment 11 Precedence 11 2.3 Removal from Office 11 Procedure 11 Notification 12 2.4 Mandate 12 Elections 12 Referenda 12 General Assembly 12 Interim Provisions 12 2.5 Legislative Council and Elections SSMU 13 Reports to the Legislative Council 13 Censure and Removal 13 Transmission of Motions to Elections SSMU 13 2.6 Elections Periods 13 Setting of Electoral Periods 13 Referendum Periods 13 Special Referendum Periods 14 Duration 14 Internal Regulations of Elections and Referenda | 1 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories 3. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-03: ELECTIONS 14 3.1 Nominations and Candidacy 14 Extended Nomination Period 14 Meeting with the Incumbent 15 Eligibility 15 Statement of Understanding 15 Collection of Signatures 15 Limitations on Candidacies 15 Withdrawals 15 Vacancies 16 3.2 Information Meeting 16 General 16 Absence From Meeting 16 3.3 Candidates Debate 16 General 16 Broadcasting 16 3.4 Campaign Committees 17 Formation of a Campaign Committee 17 Addition of Committee Members 17 Candidate Subject to Sanction 17 4. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-04: REFERENDA 17 4.1 Referendum Questions 17 General 17 Legislative Council-Initiated Referendum Questions 18 Student-Initiated Referendum Questions 18 Waiver of Deadline 18 Exception 18 Approval of Referendum Questions 19 Fee Questions 19 Quorum 19 Constitutional Amendment 19 Notice of Questions 19 Withdrawals 20 4.2 Plebiscites 20 Approval of Plebiscites 20 Campaigning 20 Non-Binding 20 Internal Regulations of Elections and Referenda | 2 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories 4.3 Information Meeting 20 General 20 Mandatory Meeting 20 Recording 21 4.4 Referendum Committees 21 Formation of a Referendum Committee 21 Restrictions 21 Responsibilities of Members 21 5. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-05: CAMPAIGNING 22 5.1 Campaign Guidelines 22 General 22 Spirit of a Fair Campaign 22 Campaigning 22 Campaign Period 22 External Bodies 22 Exception - Health Insurance Fee 23 Exception - Student Federation Affiliation 23 Interference with Campaigning 23 Campaigning Areas 23 Identification 23 Respecting Governance Documents 24 5.2 Abuse of Positions 24 General 24 Association Executives 24 Groups, Clubs, Service Executives 24 Temporary Suspension of Duties 24 5.3 Campaign Literature 24 Affixation of Posters 25 Removal of Posters 25 Distribution of Handbills 25 Recycled Paper 25 Approval 25 Campaign Stickers 25 Building Rules 25 5.4 Pensketches and the Elections SSMU Website 26 Pensketches 26 Hyperlinks 26 Internal Regulations of Elections and Referenda | 3 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories 5.5 Social Media and Online Campaigning 26 Publication of Regulations 26 Consultation of Elections SSMU 26 Electronic Mail 26 External Involvement 27 Online Advertisements 27 5.6 Other Restrictions on Campaigning 27 Gifts and Promises 27 Food 27 Campus Media 27 Slate Candidacy 28 Restriction on Campaigning 28 5.7 Campaign Funding 28 Maximum Campaign Expenses 28 Spending Reports 29 Reimbursement 29 Expense Reports and Reimbursements 29 Fair Market Value 29 Publication of Expenses 29 Audits 29 5.8 Endorsements 30 General 30 Responsibilities of Candidates 30 Responsibilities of Referendum Committees 30 Responsibilities of the Organization 31 Infractions 31 Impartiality of Officers 31 6. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-06: POLLING, SCRUTINEERING, VOTING, AND COUNTING 32 6.1 Electronic Voting System 32 General 32 Uploading of Ballots 32 Loaning 32 Online Ballot Cancellation 32 6.2 Paper Ballots 32 General 33 Availability and Accessibility 33 Internal Regulations of Elections and Referenda | 4 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories Announcement 33 Setup 33 Casting of Votes 33 6.3 Polling Stations 33 General 34 Setup and Provisions 34 6.4 Ballots and Casting of Votes 34 Ballot Order 34 Pensketches 34 Casting of Votes 34 6.5 Acclaimed Candidates 34 Ballot 35 Successful Candidates 35 Unsuccessful Candidates 35 6.6 The Count and Optional Preferential Ballot Voting 35 General 35 Partial Preferential Ballot 36 Multiple Seats 36 Disqualification or Invalidation 36 Abstentions 36 Plurality Voting 36 Tabulation 36 Paper Ballots 36 Scrutineers 36 Tie Votes 37 6.7 Announcement of Results 37 Official Results 37 Time and Location 37 7. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-07: INVESTIGATION AND SANCTIONS 38 7.1 Investigation 38 General 38 Standard of Proof 38 Testimonial Evidence 38 Confidentiality 38 Procedural Fairness 38 7.2 Sanctions 39 Internal Regulations of Elections and Referenda | 5 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories General 39 Infraction by External Body 39 Demerit System 39 Confiscation of Material 39 Repetitive Infractions 40 Grave Violations 40 7.3 Disqualification, Invalidation, and the Electoral Review Committee 40 General 40 Mandate 40 Powers 40 Consultation 40 Invalidated Elections 41 Invalidated Referenda 41 7.4 Appeals 41 General 41 Deadline 41 Adjudication 42 8. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-08: SPECIAL ELECTIONS 42 8.1 Election of Councillors Representing the Society’s Clubs and Services 42 General 42 Quorum 42 Ballot 42 Nomination 43 Campaigning 43 8.2 Election of Councillors Representing the Senate Caucus 43 General 43 Timeline 43 Electronic Voting 43 Quorum 44 Rotating Seat 44 8.3 First Year Council Elections 44 General 44 Term of Office 44 8.4 Nomination and Election of Councillors to the Board of Directors 45 General 45 Election 45 8.5 Election of Officers to the Board of Directors 45 Internal Regulations of Elections and Referenda | 6 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories General 45 Ratification 45 8.6 Election of Members Who Are Not Officers or Members of Legislative Council to the Board of Directors 45 General 45 Ratification 45 Replacement 46 9. INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-09: FEE REFERENDA 46 9.1 General 46 Jurisdiction 46 Society Fees 46 Wording 46 Approval of Questions 47 Ballot 47 9.2 Independent Student Groups 47 Conduct of Internal Regulations 47 Internal Regulations of Elections and Referenda | 7 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories INTERNAL REGULATIONS OF ELECTIONS AND REFERENDA-01: INTERPRETATION Part I: Application Internal Regulations of Governance-01 shall apply to the Internal Regulations of Elections and Referenda. Part II: Definitions The following terms used in the Internal Regulations of Elections and Referenda shall have the same definitions as those given to the same terms used in the Constitution. a. “Board of Directors” b. “Chief Electoral Officer” c. “Constitution” d. “Councillor” e. “Executive Committee” f. “General Assembly” g. “General Manager” h. “Internal Regulation” (see definition of “By-Laws”) i. “Judicial Board” j. “Legislative Council” k. “Member” l. “Nominating Committee” m. “Officer” n. “Referendum” o. “Simple Majority” p. “Society” and “SSMU” q. “Speaker” The following terms used in the Internal Regulations of Elections and Referenda shall have the same definitions as those given to the same terms used in the Internal Regulations of Governance. r. “Ancillary Fee” s. “Base Fee” t. “Campaigning” u. “Club” Internal Regulations of Elections and Referenda | 8 Students’ Society of McGill University Tel: (514) 398-6800 | Fax: (514) 398-7490 | ssmu.ca 3600 McTavish St., Suite 1200, Montréal, QC, H3A 0G3 Located on Haudenosaunee and Anishinaabe, traditional territories v. “Day” w. “Election” x. “Elections SSMU” y. “Electoral Officer” z. “External Body” aa. “Fee” bb. “Governance Documents” cc. “Independent Student Group” dd. “Interim Provision” ee. “Senate” ff. “Senate Caucus” gg. “Service” hh. “Society Staff”