Austin Peay State University

Student Government Association

Electoral Act

Purpose: To establish clear, proper, and equitable procedures for conducting university wide student government elections and votes.

Article I Provisions

All provisions of this Electoral Act shall be in accordance with the Constitution and By-Laws of the Student Government Association (SGA), and no provision of this Electoral Act is intended to, or shall be construed to deny any student equal opportunity under the law.

Article II Composition

Section 1.  The composition of the Internal Affairs Committee shall be consistent with the SGA By-laws.

Section 2.  Any election/voting procedures and practices that are not addressed in this Electoral Act shall be determined by the Internal Affairs Committee within the limits clearly provided under Article I of this Electoral Act.

Section 3.  No member of the Internal Affairs Committee shall be a candidate for any SGA executive office.  Members may be candidates for the Senate however said members shall declare his/her candidacy to the Chair of the Internal Affairs Committee. No member of the committee may campaign in any way for any candidate. No member of the Internal Affairs Committee may make any donation, monetary or otherwise, to any others student’s or any other party’s campaign.

Section 4.  If a member of the Internal Affairs Committee intends to seek an executive office in the SGA, then that member shall be required to resign from the Internal Affairs Committee.  The member’s resignation shall be permanent and shall be made fourteen (14) calendar days prior to the beginning of the first day of said elections.

Section 5.  In the event that a member of the Internal Affairs Committee is running for an executive office, then reappointments from the Senate or Tribunal shall be made by the head of that Body.  The nominee shall only serve after receiving a two-thirds (2/3) approval from the Body in which they hold office.

Article III  Advertisement of Elections

Section 1.  The date of any campus-wide election shall be advertised in The AllState and the SGA website. All advertising shall begin at least twenty-eight (28) calendar days prior to the date of the election; with the exception of Fall Senate Elections, which must be advertised at least fourteen (14) days prior to the date of the election. Any other pertinent information concerning elections and/or voting shall be publicized in the same manner.

Section 2.  The Internal Affairs Committee, along with the Executive Committee, shall establish guidelines concerning violations of this Electoral Act. These guidelines shall be made public through the SGA website The Internal Affairs Committee, along with the Executive Committee, reserves the right to update the rules each Election year.

Article IV  Applications

Section 1.  The SGA Executive Committee shall produce applications and make them available to prospective candidates at least 28 days prior to the first day of elections; with the exception of Fall Senate Elections which must be made available at least fourteen (14) days prior to the first day of elections.

Section 2.   By submitting a signed application for any SGA position, the candidate is granting permission for the staff in the Office of Student Affairs to check their academic and discipline records to establish eligibility.

Section 3.   Senators will apply for candidacy to represent a specific segment of constituents on campus.  These constituents are apportioned as follows:

·         The College of Arts & Letters, the College of Professional Programs & Social Sciences, and the College of Science & Mathematics shall each have five (5) Senators from their individual college. These positions shall be elected during the Spring Semester.

·         The Sophomore, Junior, and Senior classes shall have one (1) Senator from each of these classifications. These positions shall be elected during the Spring Semester.

·         The College of Graduate Studies shall have two (2) Senators. These positions shall be elected during the Fall Semester.

·         The Freshman class shall be composed of five (5) Senators. These positions shall be elected during the Fall Semester.

Article V  Candidate Campaigning

Section 1.  Word-of-Mouth campaigning shall be permissible at any time.  Print campaigning may begin twelve (12) hours after the conclusion of the final mandatory candidate orientation meeting.  The Chair of the Internal Affairs Committee will note the time of the meeting’s ending thereby establishing the date and time that print campaigning may begin.  This will be announced through the SGA website.

Section 2.  Interfering with another candidate’s campaign, either verbally or in writing, is strictly prohibited. Interfering may include, but is not limited to:  mentioning the name of a candidate other than self in campaign materials; any inference/suggestion that represents another candidate in a negative manner; representing information in campaign materials known to be or suspected as false; and, defacing and/or damaging campaign materials. A candidate’s campaigning should only promote self and not demean other candidates.  

Section 3.  A candidate is responsible for making sure his/her supporters adhere to the guidelines set forth herein. If a violation is made by a supporter during the election period, the candidate may be held responsible for those actions, as if he/she had committed the violation, in accordance with this Electoral Act.  

Section 4.  All campaign signs on campus shall conform to the following guidelines:

A. Three banner signs, any size, may be placed on campus. A banner is defined as any material that together forms a sign that is more than 2 by 3 feet.

B. There shall be no limit on the number of 8 ½ by 11 inches or smaller signs that may be placed on campus.

C. All signs should be in accordance with the APSU policy/guideline 3:001 and any other applicable policies and/or guidelines. 

D. All signs must be in accordance with the policies/guidelines/procedures of the particular APSU building/area in which it is located.

Section 5.  Any campaigning or campaign literature distribution in any APSU computer lab is strictly prohibited.  The Woodward Library is considered a computer lab; however, posting is allowed on the bulletin board located near the entrance/exit of the library.

Section 6.  The print provisions of this Electoral Act extend to internet communication, including but not limited social networking sites (Facebook, Myspace, etc.), electronic mail, and announcements.

Article VI  Appearance Before Internal Affairs

Section 1.  Any violation of this Electoral Act will result in a mandatory appearance before the Internal Affairs Committee. The Chair shall immediately notify the candidate by phone or the email listed on the candidate application form that a complaint has been filed against them. Once the candidate is notified, he or she must respond via email or phone call that he or she is aware of the complaint within twenty-four (24) hours. The Internal Affairs Committee shall convene and meet with the candidate within twenty-hours of the candidate’s acknowledgement that a complaint has been filed. Any candidate that fails to appear before the Internal Affairs Committee when called upon shall not have the right to physically plead his or her case. The Internal Affairs Committee shall notify the candidate of their decision immediately after the proceedings.

 Section 2.  When the Internal Affairs Committee convenes to hear an election violation brought before it, all candidates/parties involved are eligible to be present.  The party bringing the forth the alleged violation shall be allowed to present his or her evidence to the Committee.  The defending party shall then have the opportunity to dispute the allegations and present their side of the case before the Committee.  Outside legal counsel or advocates are not permitted in these proceedings. 

Article VII Appeals

Section 1.  A candidate may appeal the decision of the Internal Affairs Committee to the Student Tribunal in writing within three days of the Committee’s decision. The appeal hearing shall prescribe to the same guidelines as the initial Internal Affairs Committee meeting. The Student Tribunal shall notify the candidate of their decision immediately following the appeal proceedings. The candidate shall address one or more of the following as grounds for appeal.

A.  Were the procedures of the SGA Constitution, By-Laws and/or Electoral Act followed?

B.  Was the evidence presented to the Internal Affairs Committee “substantial?”

C.  Was the sanction imposed in keeping with the gravity of the violation?

Section 2.  The Associate Vice President for Student Affairs, or designee, shall have the authority                  to do any of the following upon review of an appeal:

A.  Sustain the previous decision including the penalty imposed, or

B.  Sustain the previous decision but impose a greater or lesser penalty, or

C.  Remand the case for further consideration, or

D.  Reverse the previous decision.

Article VIII,  Voting Procedures

Section 1.  Only students who have paid the SGA fee are eligible to vote.

Section 2.  All votes shall be cast by secret ballot.

Section 3.  The candidates for each office or position shall be listed under the heading indicating the office or position for which they are candidates. Ballot position shall be determined by alphabetical order by last name. The SGA Executive Committee shall determine the form of the ballots.

Section 4.  Write-in votes shall be allowed, as long as the vote is for a student enrolled at Austin Peay State University. Any ballots so marked shall be counted. Write-in candidates shall be subject to the same rules and regulations governing official candidates.

Section 5. Any student who votes more than once shall have all votes disqualified.

Article IX  Ratification of Votes

Section 1.  The Internal Affairs Committee shall be responsible for retaining and counting write-in votes. All votes shall be counted as soon as possible within twenty-four (24) hours of the expired designation time of voting. Quorum must be met in order for the Internal Affairs Committee to conduct official business (i.e. ratify votes, issue sanctions).  The counting of the votes shall be open to the public. The Internal Affairs Committee certifies the final results for all elections and votes.

Section 2.  The Internal Affairs Committee or the Student Tribunal may order a recount within twenty-four (24) hours of certification.

Section 3.  The candidate for President, Vice President, and Executive Secretary who receive a plurality of votes cast shall be elected. If no candidate receives a plurality of the eligible votes cast, there shall be a runoff.

Section 3.  Senatorial positions shall be determined by a plurality of the votes cast.  A run-off election shall be held only in the event that two or more candidates are tied for the last available seat. All candidates who are tied will be included in the run-off.

Section 4.  A run-off, if necessary, shall be completed within 10 days and no write-in votes shall be allowed.  If the Internal Affairs Committee deems extenuating circumstances exist, the run-off election may be postponed for up to seven additional days.

Section 5.  Should any candidate be disqualified from an election, voters shall be informed that the individual is no longer a candidate for the position through the online SGA election site.

Article X  Contesting Election Results and Appealing Sanctions

Section 1.  Any candidate may contest election results by alleging violation of any provisions of this Electoral Act to the Internal Affairs Committee up to 24 hours after the closing of the poles. The candidate may contest the election results by addressing, in writing, the specific provision(s) of the Electoral Act violated. The Internal Affairs Committee shall convene within two regular class days upon receipt of the written contest to determine what action shall be taken to ensure an orderly and fair process.

 Section 2.  The alternatives for action available to the Internal Affairs Committee are:

A.  Declare election results for an individual position invalid

B.  Declare results of all elections invalid

C.  Order a new election for either a specific office or all offices

D.  Declare that a candidate is disqualified

E.  Declare candidate elected

F.  Declare that no violation is found therefore the results of the election stand

G. Conduct a recount.

H. Asses a monetary fine, based upon violations.  The monetary fine can range from                    $10-$100 per violation. 

Section 3.  If a candidate, who has alleged any election procedure violations, is not satisfied with the decision of the Internal Affairs Committee pursuant to either Section 1 or Section 2 of this Article he/she may appeal to the Student Tribunal to contest the decision up to 24 hours after the decision of the Internal Affairs Committee. The candidate may contest the election results by addressing, in writing, the specific provision(s) of the Electoral Act violated. The Student  Tribunal shall convene within two regular class days upon receipt of the written contest to determine what action shall be taken to ensure an orderly and fair process.

Section 4.  The candidate shall address one or more of the following as grounds for appeal.

A.  Were the procedures of the SGA Constitution, By-Laws, and/or Electoral Act followed?

B.  Was the evidence presented to the Election Board “substantial?”

C.  Was the sanction imposed in keeping with the gravity of the violation?

Section 5.  The Student  Tribunal shall have the authority to do any of the following upon review of an appeal:

A.  Sustain the previous decision including the penalty imposed, or

B.  Sustain the previous decision but impose a greater or lesser penalty, or

C.  Remand the case for further consideration, or

D.     Reverse the previous decision.

Article XI, Referendums

Section 1.  The SGA may have a referendum placed on the ballot by passing legislation in the Senate with a 2/3 vote at a regular meeting.

Section 2.  The Internal Affairs Committee shall make all referenda public at least 14 calendar days prior to the election through the SGA website and The AllState.

Section 3.  For referenda, eligible voters shall cast ballots either “for” or “against,” or “yes” or “no” to the issue in question, and “for” shall be listed before “against” and “yes” shall be listed before “no.”

Article XII

Section 1. Any issue not specifically covered in these procedures will be taken to the Internal Afffairs Committee for review and resolution.

Revised 3/7/08

Originally Adopted 09/13/06