§5.4-1. There shall be an Independent Elections Commission, pursuant to Article V, Section I, Clause II of the Constitution. It shall have the following duties:

1. The fair and impartial administration of all elections for all popularly elected undergraduate Offices of the Assembly.
2. The fair and impartial administration of referendum elections.
3. To enforce the requirements of §5.4 herein. (11-10-04, SB 312-017)

§5.4-2. The President, shall appoint one Chair and four Commissioners as principle officers to the Elections Commission to carry out the duties enumerated in §5.4. As Director and principle officers, all members of the Commission shall be subject to confirmation by the Senate, pursuant to Article II, Section II, Clause III of the Constitution. The Commission may determine its other officers as necessary to conduct elections, including a Vice Chairman. No member of the Commission may have a public interest in the outcome of an election. Public interests include, but are not limited to, personal gain resultant from election results, public statements prior to election regarding candidates or offices sought and collective gains by a campus organization affiliated with the member of the Commission. If such public interest is found during the tenure of a Commissioner, he must remove himself from the deliberations of the Commission. (11-10-04, SB 312-017)

§5.4-3. The Commission shall hold all meetings in an open and public manner, and shall not be permitted to go into closed session except when involving infractions. (11-10-04, SB 312-017)

§5.4-4. All forms and documents of the Commission must be posted on the Student Assembly website. (11-10-04, SB 312-017)

§5.4-5. Referenda

§5.4-5.1. Establishment of Referenda

1. Every academic spring term during the Student Assembly's elections, questions may be placed on the ballot for the student body to vote upon.
2. There is no limit as to the number of questions that may be posted on the ballot in the Student Assembly General Elections.
3. In the event that 500 different William and Mary students sign a petition requesting for an emergency referendum to be held on a particular question, the Elections Commission must select a calendar date within 15 academic days of receiving the petition to hold the referendum. (11-10-04, SB 312-017)

§5.4-5.2. Nature of Posting a Question on the Ballot: There are three ways for a question to be posted on the ballot.

1. Student Assembly Senators vote for a question to be posted on the ballot under the legislative guidelines set forth in the Constitution of the Student Assembly.
2. The Vice-President of Student Affairs formally requests (either in writing or in person at a Standard Senate meeting) for the Student Senate to post a question. The Student Assembly Senate may pass the request for the question to be posted on the ballot under the legislative guidelines set forth in the Constitution of the Student Assembly.
3. 250 different students of The College of William and Mary sign and date an official Election's Commission "Referendum Question Petition Form" and present it to the Election Commission.
   1. The "Referendum Question Petition Form" will be created by the Election's Commission. At the top of the form will be the question being petitioned to be posted on the ballot.
   2. The Elections Commission shall post the question listed on the form as it is written.
   3. Only two weeks will be provided for signatures to be signed upon a petition form. The start of these two weeks shall be from the date the first signature is placed upon the "Referendum Question Petition Form." (11-10-04, SB 312-017)

§5.4-5.3. Other Procedures

1. Other rules, regulations, or processes not specified in this code but deemed necessary by the Elections Commission for the successful implementation of §5.4-5 may be implemented.
2. The "Referendum Question Petition Form" shall be made available to the Students of the College of William and Mary all year long through either the Student Assembly Web Page or the Student Assembly Office.
3. All Referendums shall not be binding. For a resolution to be binding the Student Assembly Senate must pass resolutions into the Code of the Student Assembly which must be signed by the President of the Student Assembly. (11-10-04, SB 312-017)

§5.4-6. Candidacy

1. No individual may seek to represent a constituency of which he or she is not a part. Candidates for Class Office and Senate must be a social member of the class they seek to represent. Any disputes regarding ones social class standing shall be resolved by the Elections Commission. Candidates must be enrolled as a student of the College.
2. In order to be listed on the ballot, one must submit a declaration of candidacy to the Elections Commission and attend a candidate information session before a deadline set by the Elections Commission. In this declaration one must agree to abide by all campaign regulations.
3. No one may run for more than one Student Assembly office at the same time.
4. No one shall be eligible to seek office with the knowledge that he or she will not be an active student at the College, defined as not being enrolled as a full-time student, during part of his or her tenure. Examples of this include participation in Study Abroad programs, academic suspension, or withdrawals. (11-10-04, SB 312-017)

§5.4-7. Election Procedure

1. The Elections Commission shall maintain polling places throughout the campus where students may vote. Non-partisan posters will clearly mark each public polling place.
2. The Elections Commission will furnish staff to work at the polls. These staff members may not be candidates in the election, nor may they have a public interest in the election outcome.
3. Each student will have one vote in each race for which he or she is eligible. A student is eligible to vote for officers of his or her own social class, as determined by the College Registrar.
4. The Senate shall determine the means of polling for each election in order to maximize participation and electoral validity. This shall be announced publicly at candidate information sessions and through campus publicity. However, if an unforeseen problem arises, a change in method does not constitute an unfair advantage to any candidate. It shall be assumed that all candidates are treated equally under any method of polling.
5. Only one person may hold each elected office.
6. Elections for the offices of Class President, Vice President-Advocacy, Vice President-Social Affairs, Secretary, and Treasurer in the Student Assembly are decided on the instant runoff system. Elections for Senate are decided on the plurality system.
7. Between 20 and 14 days before the election, at least 2 mandatory candidate information sessions shall be held, allowing for the possibility of a private session at the request of a potential candidate. A potential candidate must go to one of these options. 14 days before the election, declarations of candidacy and a statement by the candidate for inclusion on the ballot are due. The Commission will notify the candidates and provide them with the listing of candidates and offices sought. This is to remain confidential until the campaign period. The Commission will offer all candidates the opportunity to change their position sought within the Student Assembly until 11:00pm 10 days before the election. The interim change period will be blind, with no candidate knowing what switches have been made before a public posting of the candidate list at 12:00am, nine days before the election. At 12:00am on the ninth day prior to the election campaigning shall begin. In the event that the election timeframe is interrupted by a scheduled school break and the school is out of session, the period of the break shall not count as part of the timeframe. The timeframe shall resume immediately after school reenters session.
8. Election results must be approved and certified by the Commission as a whole prior to public or private dissemination of results. This certification process will vary by polling method, but must end with presentable evidence of vote totals for all candidates in all races, including all levels of votes in the instant runoff system.
9. At the first Senate meeting following the election, the Commission or representatives thereof must present a report of the election proceedings. (11-10-04, SB 312-017) (3-2-05, SB 312-051)

§5.4-8. Campaign Regulations

1. Every candidate must carry on a fair campaign and abide by all campaign regulations. All candidates must abide by the letter of these rules. The Elections Commission is required to post these guidelines online to allow for public access of these regulations.
2. Campaigning may not begin until 12:00 midnight, nine days before the election.
3. Campaigning is defined as the act of soliciting votes. Examples of campaigning are announcements of candidacy and the circulation of electronic or printed materials with election-related messages.
4. Beginning at 5:00 a.m. on the Election Day candidates will not campaign inside buildings or within fifty feet of the entrances to campus dining facilities. Candidates will not campaign on the steps or porches of buildings. A porch is defined as an open but covered area attached to a building.
5. Candidates are expected to follow all College Posting and Fire Code Policies.
6. Campaigns must be run in an ethical manner with mutual respect toward other candidates at all times. Candidates must abide by all applicable College, local, state, and federal regulations including, but not limited to, the Judicial and Honor Codes.
7. Candidates are responsible for the actions of their campaign workers and supporters. This includes any independent organizations supporting the candidate.
8. Any materials posted or distributed by the campaign, whether printed or electronic, must contain the name of the candidate responsible for its publication.
9. Candidates are also not permitted to use any obscene or pornographic material with his or her campaign.
10. Candidates may not use organizational list serves, defined as email lists established for conducting communication within an organization to send email campaign messages.
11. Every campaign will be held to spending limits. This limit refers to the spending of the whole campaign, including those items purchased or acquired by campaign workers and supporters, which includes independent organizations donating money to a candidate or spending money on behalf of a candidate. The definition of an independent organization is any group of people that helps support a candidate in any way. All donations made by individuals to a candidate must be included in the spending limit.
    1. Candidates for Class President will be limited to fifty (50) dollars or its equivalent in goods and services based on fair market value.
    2. Candidates for other Class Offices (Vice President for Advocacy, Vice President for Social Affairs, Secretary and Treasurer) will be limited to fifty (50) dollars or its equivalent in goods and services based on fair market value.
    3. Candidates for Senate will be limited to fifty (50) dollars or its equivalent in goods and services based on fair market value.
    4. Candidates for Student Assembly President will be limited to four-hundred (400) dollars or its equivalent in goods and services based on fair market value.
12. Candidates may not engage in the following activities, and may be assessed a CLASS ONE infraction if they do so:
    1. Engage in campaign activities before the start of the campaign period.
    2. Post any piece of campaign material on a surface which is prohibited by the regulations of the College.
    3. Post more than one piece of campaign material on any bulletin board or kiosk, with the exception of Morton Hall, where candidates may post two pieces of material per hallway, and one piece of material on each bulletin board in the stairwells.
    4. Post any piece of campaign material larger than 8 1/2 by 11 square inches on a bulletin board, kiosk, or the halls of Morton Hall.
    5. Campaign within 50 feet of the main entrance of a dining hall building during the polling period.
    6. Campaign inside any Residence Hall, on the porch, steps, or breezeways of any Residence Hall during the polling period.
    7. Post any piece of campaign material on a non-public bulletin board. This includes RA bulletin boards, unless the permission of the RA of that hall is given.
    8. Post on the door of any Residence Hall room without the permission of one of the residents of that room.
    9. Post any materials that do not have the name of the Candidate printed on it.
    10. Use an electronic organizational listserv, pursuant to item 10, above.
13. Candidates may not engage in the following activities, and may be assessed a CLASS TWO infraction if they do so:
    1. Slander, the oral communication of a statement known to be false with the intention to injure the reputation of a Candidate. Reasonable allowance shall be made by the Commission for expressions which may be reasonably understood as the opinion of the person expressing it.
    2. Libel, the presentation of publications, which has contents known to be false. Reasonable allowance shall be made by the Commission for expressions which may be reasonably understood as the opinion of the person expressing it.
    3. Inclusion in campaign materials of pornographic or obscene materials.
    4. Failure to submit required information to the Commission by the required deadline.
14. Candidates may not engage in the following activities, and may be assessed a CLASS THREE infraction if they do so:
    1. Bribery of a candidate. Bribery of a candidate shall be defined as the promise or provision of money or any tangible incentive associated with a candidate removing himself from contention for the office he is declared for, or intentionally losing the campaign for the office.
    2. Negative Attacks against a candidate. Candidates for office may not make attacks on a candidate based solely upon their character or person. This shall not be construed to prohibit direct comparisons of a candidate's experience, trustworthiness, platform, issues or other legitimate factor.
    3. Bribery of a voter. Bribery of a voter shall be defined as the promise or provision of money or any tangible incentive associated with voting for a particular candidate.
    4. Tampering. Tampering shall be defined as intentional interference with the electoral process in such a way as to subvert the integrity of the process.
15. Independent organizations must report all expenditures to the Commission made on behalf or in support of a candidate. They must report these expenditures before the end of polling and these donations must be made public on the SA web site.
16. All candidates must turn in financial disclosure statements before the close of the polls on Election Day or at the request of the Elections Commission. The appropriate receipts must accompany this statement when applicable. Failure to do so on the part of a candidate may result in the assessment of a CLASS THREE infraction.
17. All who run a write-in campaign will be subject to the same campaign regulations and penalties as officially declared candidates. The candidate running the write-in campaign is required to contact the Elections Chairman about his or her intent before the opening of the polls on Election Day or his or her votes will not be counted. Furthermore, no write-in candidate will be certified as the winner until his or her eligibility has been verified.
18. All who wish to run for office must turn in a signed declaration of candidacy form by the deadline established by the Elections Commission. Individuals will not be listed on the ballot unless this form is handed in by the deadline.
19. As the Student Assembly exists to further the interests of the student body, all candidates for the elections are required to submit a personal statement. This should not exceed one hundred and fifty words in length and will serve as the statement used by the Elections Commission for publicity of that candidate. (11-10-04, SB 312-017)

§5.4-9. Enforcement

1. The Elections Commission has the authority to enforce all decisions.
2. Anyone may file a complaint regarding a violation of the letter of any campaign regulation with the Elections Commission. All violations must be reported before twenty-four (24) hours after the closing of the polls. Violations may be reported by contacting members of the Elections Commission via phone or email.
3. The Elections Commission will investigate all complaints found to have merit. Any candidate accused of violating the election regulations will be contacted by the Elections Commission and given the opportunity to explain or refute the charges prior to a decision of sanctions. The Chairman will have the power to impose sanctions independent of the committee except for the removal from the ballot and disqualification. If necessary, the Elections Commission will hold an emergency meeting regarding violations. Meetings will not be public.
4. There shall be three classes of infractions for actions by candidates against the regulations and requirements in this Title.
5. A CLASS ONE infraction shall carry the following penalties, one of which shall be assessed by the Chairman of the Commission.
   1. For a first offense, a warning will suffice.
   2. A fine, not to exceed $10, to be put into the Student Activities Fund.
   3. In addition to either the warning or the fine, the candidate must remove all inappropriately placed elections flyers immediately upon the request of the Chairman of the Commission.
6. A CLASS TWO infraction shall carry the following penalties, one of which shall be assessed by the Chairman of the Commission.
   1. A note by the candidate's name on the ballot or otherwise made public at all polling places, which notes that the candidate committed a serious violation of campaign regulations.
   2. A suspension of active campaign privileges for a set period of time.
7. A CLASS THREE infraction shall carry the following penalties, one of which shall be assessed by the Chairman of the Commission.
   1. Removal from the ballot and invalidation of candidacy.
8. Penalties assessed against Campaign Committees by the Chairman of the Commission may be overturned by a majority vote by the Commission. Penalties may be assessed for each item or event of infraction, if said infractions occur in various places.
9. If the Chairman of the Commission assesses a CLASS THREE infraction against a campaign committee, that ruling shall be immediately stayed, and the Commission shall meet within 12 hours. At that meeting, by majority vote, they may confirm or overturn the decision of the Chairman. If, at that time, the Commission shall decide that the assessment of a CLASS THREE infraction was appropriate, the Candidate shall be required to cease campaign activities, and shall be removed from the ballot.
10. Penalties may be assessed for each item or event of infraction, if said infractions occur in various places.
11. If any candidate's actions are found to have violated other codes, he or she will be referred to the appropriate entity. This may involve, but is not limited to the Honor Council, Judicial Council, or the College administration. (11-10-04, SB 312-017)

§5.4-10. Appeals

1. Any candidate who feels that the elections process has not met the requirements of a fair and unbiased election as set out in the Constitution of the Student Assembly, whether through improper enforcement of regulations by the Elections Commission or other irregularities, to the extent that the alleged infraction could have materially changed the outcome of the election, may appeal the election to the Review Board.
2. A candidate has forty-eight hours after the certification of election results by the Commission Chairman to file an appeal to the Review Board.
3. The Review Board must convene within forty-eight hours to hear the appeal. If the Review Board determines that the alleged infraction could have altered the outcome of the election, the results of the appealed race shall be declared invalid and a special election shall be held for the appealed office open only to the same candidates. (11-10-04, SB 312-017)