THE ELECTIONS CODE (.doc)

THE ELECTIONS CODE OF THE INDIANA UNIVERSITY STUDENT ASSOCIATION

Section 1: Purpose. This Elections Code is enacted for the purpose of providing fair and equal opportunities for all IUSA members to hold and run for office and to provide fair and equal opportunities for all IUSA members to participate in the electoral process.

Section 2: Effective Date and Authority. This Elections Code shall become effective once passed by Congress and shall remain in effect until repealed or superseded by further legislation. This Elections Code shall be the final regulatory authority for any and all elections or campaigning activities within the jurisdiction of IUSA and shall supersede any and all previously enacted legislation.

TITLE I: The Elections Commission

Section 101: Appointment of the Election Coordinator and Commissioners. The Election Coordinator shall be appointed by the Student Body President and approved by a majority of the Congress present and voting by January 15 of the election year. The Election Commissioners, also by January 15 of the election year, shall be appointed by the Student Body President and approved by a majority of the congress present and voting. The Elections Commission shall consist of five (5) individuals, including the Elections Coordinator.

Section 102: Terms of Office. The Election Coordinator and Election Commissioners shall serve once appointed until certification of the IUSA Election results or until properly removed or resigned from office.

Section 103: Responsibilities of the Election Coordinator.  The Election Coordinator shall:

  • Oversee the annual election of all IUSA elected positions;
     

  • Coordinate the election related activities of the individual Election Commissioners and supervise their conduct;
     

  • Execute the decisions of the Election Commission;
     

  • Report to Congress and Executives as appropriate and on a regular basis;
     

  • Make a sample ballot available for review by all candidates, and notify all candidates that the sample ballot is available for review;
     

  • Personally direct the tabulation of all ballots, and preserve the results of the tabulation until the new IUSA officers are sworn into office;
     

  • Address all claims of voter fraud and software malfunction before releasing final vote counts;
     

  • Serve as official liaison with UITS in the management of the online voting system;
     

  • Act as a voting member and the Chair of the Elections Commission.

    • Section 104: Responsibilities of the Elections Commission. The Elections Commission shall:

    1. Organize, plan, and publicize all IUSA Elections and referendums, by following the time line in Section 201;

    2. Begin publicity of all events stated in the time line in Section 201 no later than two (2) weeks prior to the event;

    3. Act to enforce all rules and regulations contained within this Code;

    4. Communicate reviewed cases of alleged violations by candidates of this Code to the Supreme Court;

    5. Act as the overseeing body of all referendum procedures;

    6. Issue advisory opinions to any individual or body requesting interpretation of this Code;

    7. Verify that all candidates meet the requirements for candidacy, and notify each candidate in writing of his or her candidacy status within three (3) class days after receipt of the application;

    8. Request from the IUSA Supreme Court certification of the IUSA Election Results;

    9. Hear all properly filed complaints.

    Section 105: Removal of the Elections Coordinator or an Elections Commissioner.

    1. Any member of the IUSA Student Body Congress shall have the ability to petition Congress for the removal of the Elections Coordinator or any Elections Commissioner. Once this petition has been submitted, Congress shall have the authority to remove the Elections Coordinator or Commissioner with two-thirds (2/3) vote of those present and voting. Additionally, the Student Body President, at his or her discretion, shall have the authority to suspend the Elections Coordinator or a Commissioner from the point that the petition is submitted until the point that Congress determines whether or not the removal is appropriate.

    2. It shall be grounds for dismissal from the Elections Commission if the Elections Coordinator or a Commissioner works, speaks, or performs publicly or privately for or against any candidate or referendum. It shall further be grounds for dismissal if the Elections Coordinator or a Commissioner fails to perform the responsibilities stated in Section 103 or 104.

    3. Once appointed to the Elections Commission, the Elections Coordinator and Elections Commissioners shall not be eligible to run for an IUSA elected office for the election cycle for which they have been appointed.

    Section 106: Filling a vacancy on the Elections Commission. If the Elections Coordinator or any Elections Commissioner leaves office for any reason, the President shall appoint a replacement, with approval of the majority of Congress present and voting. This appointment shall be made at the next regularly scheduled Congress meeting. If no Congress meeting is scheduled between the time of the vacancy and the IUSA election, the President shall call an emergency Congress meeting to appoint the replacement.

    Title II: Candidate Time Line

    Section 201: Candidate Time line. Each of the events in the following time line must occur in each election cycle.

    1. Call-Out. There shall be one campus-wide call-out for the IUSA Election to occur sometime during the second week of the spring semester. This call-out shall serve as a general introduction to the IUSA Election, including a time line of events for the IUSA Election. It shall also give all who are interested in becoming candidates an opportunity to ask questions about the IUSA Elections.

    2. Applications. Applications shall be made available to the Student Body no later than one (1) week after the call-out meeting.

    3. All-Candidate meeting. There shall be at least one All-Candidate meeting, and the first shall be held the week after the applications are due. Attendance at the first All-Candidate meeting is mandatory, but the Elections Commission has the authority to excuse an absence only if the candidate has given the Elections Commission notice prior to the All-Candidate meeting that he or she cannot attend the meeting. A proxy, as appointed by the absent candidate(s), may attend the meeting in place of the candidate(s) whose absence is excused. One person can serve as a proxy for more than one candidate. If a candidate has not received an excused absence from the Elections Commission and does not attend the All-Candidate meeting, that candidate shall be disqualified as a candidate. Attendance for all other All-Candidate meetings shall be optional.

    4. Debate. A debate shall occur during the campaign period. All groups of executive candidates shall be given the opportunity to participate in the debate. The Elections Commission will have full authority over the planning, rules, and procedures of this debate.

    5. Proof of residency and proof of academic eligibility. Candidates may be requested to provide proof of residency or proof of academic eligibility in accordance with Sections 303 and 304 to the Elections Commission no later than five (5) calendar days prior to the IUSA elections.

    6. Withdrawal of name from ballot. Candidates wishing to withdraw their names from the ballot must request a withdrawal, in writing, from the Elections Commission by 4:00 p.m. seven (7) calendar days before the IUSA Election begins.

    7. Review of ballot. Each candidate shall have the opportunity to review the official ballot no later than five (5) calendar days prior to the beginning of the IUSA Elections, and shall have no less than twenty-four (24) hours to approve of his or her name on the ballot. Unless otherwise directed by the Elections Commission, no other ballot review requests may be honored.

    8. IUSA Elections. The IUSA Election shall be held in the Spring Semester, on a Tuesday and Wednesday at least two weeks after the All-Candidate Meeting. The Student Body President shall select and publicly announce election dates at least four (4) weeks in advance.

    Title III: Candidate Eligibility Requirements

    Section 301: General Eligibility. To be properly filed, a candidate must submit to the Student Activities Office and the IUSA office, prior to the deadline set by the Elections Commission, signed applications which list the IUSA office sought. The candidate will be listed on the ballot by his or her first and last name. If the candidate wishes to be listed by any other name, he or she must request the use of a particular name on this application.

    Section 302: Receipt of Application. Once the application is properly filed, the candidate shall be given a receipt that notes the date and time that the application was filed. Any application filed after the deadline shall not be accepted.

    Section 303: Residency Eligibility. Candidates for Student Senator seats must live in the district for which they are running during the fall and spring semesters immediately following the election. A Candidate may be requested to provide proof that they will meet the residency requirement to the Elections Commission no later than five (5) calendar days prior to the IUSA elections. Candidates who cannot or chose not to provide this proof or written statement shall be disqualified and their names shall be removed from the ballot.

    Section 304: Academic Eligibility. Candidates for Student Representative seats must be a member of the school whose students they shall represent during the fall and spring semesters immediately following the election. A Candidate may be requested to provide proof that they will meet the residency requirement to the Elections Commission no later than five (5) calendar days prior to the IUSA elections. Candidates who cannot or chose not to provide this proof or written statement shall be disqualified and their names shall be removed from the ballot.

    Section 305: Congressional Seats. Congressional seats shall be allocated as directed by the IUSA Constitution and by-laws and shall be verified, in writing, prior to the candidates’ review of the ballot by the Elections Commissioner.

    Section 306: Enrollment Requirements. All candidates must be IUSA members, and if elected, must remain IUSA members for the duration of their term in office. IUSA members are defined as all students who are enrolled in Indiana University at the Bloomington Campus.

    Section 307: Academic Requirement. No candidate may be on academic probation or on university suspension and be a candidate for an IUSA office.

    Section 308: Candidacy for more than one office. No person shall simultaneously be a candidate for more than one elected position in IUSA. No elected members of Congress shall simultaneously hold appointed positions in the IUSA executive branch.

    Section 309: Running mates. The President, Vice President, Vice President of Congress, and Treasurer shall be running mates. These candidates must run as a group, where each candidate for the above executive offices has stated an affiliation with a candidate for each of the other three executive offices. No individual may run for an IUSA executive position without the aforementioned running mates. Executive Groups must also run as a ticket (see Section 310).

    Section 310: Tickets defined. An executive ticket shall be defined as any group of executive running mates plus a minimum of one (1) Congressional candidate. No group of candidates shall be recognized other than those that meet this requirement.

    TITLE IV: Voting and Voters

    Section 401: Voter Eligibility. Only IUSA members shall be eligible to vote in the IUSA Election. IUSA members are defined as all students who are enrolled in Indiana University at the Bloomington Campus. Each voter shall cast one and only one vote, and that vote shall only be on his or her behalf. Each voter shall have the option to cast a vote for one Executive slate, for as many Senators as there are vacancies in the district where the voter resides at the time of the IUSA Election, and for as many Representatives as there are vacancies in the school where the voter is registered at the time of the IUSA Election. Residency and school registration shall be defined as what the Office of the Registrar has on record for the semester in which the IUSA elections take place.

    Section 402: On-line Voting. Voting shall be open from 9:00 a.m. on the first day of the IUSA Elections to 9:00 p.m. on the second day of the IUSA Elections. On-line voting will be the primary medium used for casting valid votes (see Section 406 for qualifications for the casting of a provisional ballot). Links from any ticket’s or individual candidate’s website to the IUSA homepage are allowed. Furthermore, residual advertising from the website providing the link (including but not limited to ticket name or individual candidate name) shall not be visible on any part of the computer screen that has accessed the on-line ballot. In order to cast an on-line vote, a voter shall be minimally required to use his or her username and network ID password.

    Section 403: Plausible Student Mandate for Executive Candidates. Executive Candidates shall be elected by a simple plurality vote. In the case of a tie, the Student Body President shall call for an emergency Congress meeting within five (5) days of the public release of the election results. Congress shall designate procedures to select a winner, to be enacted by the Elections Commission within five (5) calendar days following the public release of the results.

    Section 404: Plurality Vote Required for Congressional Candidates. Candidates for Congressional seats shall be elected by a simple plurality vote. In the case of a tie, the Student Body President shall call for an emergency Congress meeting within five (5) days of the public release of the election results. Congress shall select the winning candidate by a two-thirds (2/3) vote of members present and voting within five (5) calendar days following the public release of the results.

    Section 405: Ballots. The ballot for the IUSA Election, which shall be available on a secure website, shall include Executive Candidates and Congressional Candidates. The ballot shall not favor any one candidate over any other candidates. Each candidate shall be listed on the ballot by his or her first and last name only, unless the Elections Commission has approved the use of a nickname. Each candidate shall have the option to place his or her ticket affiliation next to his or her name.

    Section 406: Provisional Voting. Any member of IUSA may chose to cancel their ballot and submit a provisional vote via e-mail to the elections commission. The IUSA office will make publicly known the appropriate e-mail address for provisional voting no less than two (2) weeks before the IUSA elections. The Elections Commissioner will certify the eligibility of the voter and that no previous vote has been submitted for this user. Provisional votes will be counted, once approved by the Elections Commission, in the general election vote total.

    Title V: General Campaign Violations

    Section 501: Distribution of Campaign Materials on Campus. Flyers and other written materials posted on wooden kiosks shall not exceed four (4) in number on any individual kiosk per individual candidate (if the candidate is running independently) or campaign ticket. No campaign materials shall be taped to the sidewalk nor shall there be any chalking on any sidewalk.

    Section 502: Improper Use of E-mail. Any email sent to multiple voters that does not have all email addresses in the blind carbon copy line shall constitute a violation of this code.

    Section 503: Damage to Property. Destroying, damaging, or defacing University or private property shall constitute a violation of this code.

    Section 504: Affirmative, Deliberate Act to Cause Another’s Violation. It shall be a violation of this Code to deliberately cause any candidate, executive group, or campaign ticket to be in be violation of this Code.

    Section 505: Interference with Campaign Materials. No candidate, ticket, or anyone acting on their behalf shall deface, destroy, alter, or otherwise change any candidate’s campaign materials.

    Section 506: Campaigning in the Residence Halls. No candidate, ticket, nor any person acting on behalf of any candidate or ticket, shall campaign in any university dormitory before 9:00 a.m. or after 9:00 p.m. during the election. For the purposes of this section, the term “campaign” does not include emailing, posting material, or wearing campaign clothing. For the purposes of this section, campaigning is meant to include “door-to-door” soliciting, “cold-calling” dorm rooms, or any other activity that is reasonably disruptive to students.

    Section 507: Additional Residence Hall Restrictions. Any candidate, ticket, or any person acting on behalf of any candidate or ticket found in violation of policies or guidelines established by Residential Programs and Services (RPS) and/or the Residence Halls Association (RHA) regarding conduct within a dorm, shall constitute a violation of this code.

    Section 508: Campaigning in Study Areas. Campaigning within fifty (50) feet of any university library or computer lab shall constitute a violation of this code. For the purposes of this section, the term “campaign” is not meant to include emailing, posting material, or wearing campaign clothing. It is meant to include any activity that is disruptive to students, such as person-to-person solicitation or distribution of materials.

    Section 509: Financial Disclosures. Any candidate or ticket failing to meet the requirements laid out in Sections 703, 704 and/or 705 shall constitute a violation of this code.

    Title VI: Campaign Violations Eligible for Disqualification

    Section 601: Voter Fraud. Voter fraud shall be defined as, but not limited to, any act that prevents a voter from casting a vote in any IUSA election, any act that attempts to remove a voter’s right to cast a vote for himself or herself, any act that attempts to purchase the ability to vote for a voter, or any act in which anyone attempts to cast a vote for another voter. Examples of voter fraud include, but are not limited to, the following: creating lists of student information that gives the ability to vote for that voter; intimidating a voter; offering a voter money, goods, or services in exchange for casting a ballot in a certain way; preventing a voter from casting a vote; preventing a voter from casting a vote for the candidate he or she desires; changing a vote once it has been cast; and using false information to cast a vote. In addition, any individual completing any step of the online voting process for a capable, independent voter (i.e. clicking submit for a voter, helping them select candidates, etc.) will be in violation of this section. Violations of this section will be eligible for disqualification.

    Section 602: Excessive Campaign Contributions. Any candidate, ticket, or any person acting on their behalf found in violation of campaign contribution limits as defined Section 702 shall be found in violation of this code and eligible for disqualification.

    Section 603: Material Violations. Any candidate or ticket found in violation of at least three (3) violations above may qualify for a material violation of this Code. The Elections Commission, after determining initial violations, shall decide if the violations were materially contributory to the outcome of the election. If the Elections Commission finds the violations to be materially contributory to the outcome of the election, the individual candidate or ticket will be eligible for disqualification.

    Title VII: Campaign Spending

    Section 701: Campaign Expenditures Defined. Any purchase or donation which is used for promoting any candidate or ticket shall be considered a campaign expenditure. For the purposes of this section, fair market value shall be defined as the ability of interested parties to secure the same goods or services in question. In determining the value of an expenditure, individual candidates or tickets shall be assessed the fair market value of the goods or services used to campaign. No single candidate or ticket shall be penalized for a vendors inability to supply every or any candidate or ticket with goods or services used for campaigning. The Elections Commission shall have the authority to determine whether any purchase is a campaign expenditure and what the fair market value of the expenditure is as defined in this section. Any candidate may request from the Elections Commission an advisory opinion as to whether a particular purchase would constitute a campaign expenditure and what value it would be assessed. Expenditures must include vendor information, appropriate contact information (a minimum of telephone number and physical address), and a purchase date.

    Section 702: Contributions for IUSA Elections. Any candidate for office of IUSA as defined in Title III of this code is precluded from contributing more than one thousand dollars ($1,000.00) in any one IUSA Election for their individual or ticket’s campaigning expenditures. Any AID funding board candidate is precluded from contributing more than one hundred dollars ($100.00) in any one IUSA Election for their own campaigning expenditures. All individuals not qualifying as candidates under Title III of this code are precluded from contributing more than two hundred fifty dollars ($250.00) in any one IUSA election. Total expenditures may not exceed total campaign contributions.

    Section 703: Financial Statements. A financial statement shall consist of an itemized list of all campaign expenditures, including receipts and appropriate documentation for each campaign expenditure listed. A signed financial disclosure affidavit must accompany all financial statements. For this section, an affidavit shall consist of an itemized list of all contributions and their respective signature(s), date of contribution made, and affiliation with the individual candidate or ticket.

    Section 704: Submissions of Intermediate Financial Statement to the Elections Commissions. Each individual candidate or ticket must submit a unified intermediate financial statement, along with appropriate receipts to the IUSA Executive Secretary no later than 4:00 p.m. on every other Friday after applications are due, beginning the week applications are due and up to and including the last Friday before the IUSA Election. These financial statements must be cumulative and shall state all expenditures and financial disclosure affidavits made to date. The Elections Commission may grant an extension, not to exceed four (4) hours in length, provided the request for the extension is made prior to the deadline. All financial disclosure affidavits and financial statements will be made public the following Monday and can be viewed and duplicated during normal IUSA office hours (available by contacting IUSA at 812-855-IUSA).

    Section 705: Submission of Final Financial Statement to the Elections Commission. Each individual candidate, executive group, or campaign ticket shall submit a unified final financial statement and financial disclosure affidavit, along with appropriate receipts, to the IUSA Executive Secretary, no later than 5:00 p.m. on the day after the IUSA Election. A financial statement must be submitted, even if the statement reflects that no expenditures were made. This final financial statement must be cumulative and shall state all expenditures and contributions made or given during the course of the IUSA Election. The Elections Commission may grant an extension, not to exceed four (4) hours in length, provided the request for the extension is made prior to the deadline.

    Section 706: Disclosure of Financial Statements. All financial statements of individual candidates or tickets shall be public information until the certification of election results. Any subsequent requests for financial statements following the certification of election results shall be granted at the sole discretion of the individual candidates or tickets.

    Title VIII: Penalties for Violations

    Section 801: Penalties Explained.

    1. The Elections Commission shall determine that a violation has occurred once a meeting of the Elections Commission has been called, quorum is present, and a majority of those present and voting agree that a violation has occurred.

    2. Violations of this code shall be classified as general violations or violations eligible for disqualification.

    3. Any general violation shall be subject to financial penalties at the sole discretion of the Elections Commission. The Election Commission may determine financial penalties, concurrent with each separate incident of violation. The maximum of all assessed penalties may not surpass 75% of the final financial expenditures reported by the candidate or ticket in question. Failure to pay any fine will prevent indebted candidates from being allowed to serve in any IUSA position in ay term. All monetary fines shall be allocated by a majority vote of Congress by the members present and voting at the next, regularly scheduled Congress meeting.

    4. If students are running as part of a campaign ticket, the Elections Commission shall have the authority to determine whether penalties will be imposed upon an entire ticket, or instead upon only one or more individual candidates. The Elections Commission shall base such a determination on its judgment of whether the evidence presented indicates that a ticket conspired to commit a violation, or conversely that a single candidate, or small group of candidates, failed to adhere to this code without the knowledge of the ticket’s leadership.

    Section 802: Procedures for Disqualification. Any candidate or ticket found in violation of any section of Title VI shall be eligible for disqualification. Once a candidate or ticket is found to be in violation of any section of Title VI, the Elections Commission must reach, by unanimous vote, a decision as whether or not to disqualify the individual or ticket. Any disqualification by the Elections Commission must also be confirmed by two-thirds (2/3) vote of the members present and voting. In the case of an Elections Commission (or Supreme Court upholding on appeal) disqualification, The Student Body President shall call for an emergency Congress session to be held within five (5) calendar days of the Elections Commission’s decision (or in the case of a Supreme Court appeal, within five (5) days of the public decision announcement of the court). Congress must establish a two-thirds (2/3) quorum to hear a case of disqualification. In the event Congress does not establish a two-thirds (2/3) quorum, the commission’s decision shall be automatically upheld. In the event that Congress does not uphold the decision of the Elections Commission, the disqualification will be dismissed and the decision of the Election’s Commission automatically overturned. Disqualifications of the Elections Commissions may be appealed to the Student Body Supreme Court before a Congressional vote, per section 907. However, Congressional disqualifications cannot be appealed.

    Title IX: Appellate Procedures

    Section 901: Properly Filed Complaints. The Elections Commission must hear all properly filed complaints and will have discretion as to whether or not to hear improperly filed complaints. A complaint has been properly filed when the following requirements have been met:

    1. Technical Requirements: Each complaint must be typewritten, double spaced, with one-inch margins. Twelve (12) point, Times New Roman font must be used. No complaint can exceed ten (10) one-sided pages in length, excluding accompanying pieces of evidence or exhibits. All complaints must be signed by the complainant(s).

    2. Substantive Requirements: Each complaint must include specific allegations, the names of those allegedly involved, the dates the alleged violations occurred, citations to the specific portion of this code that the complainant(s) believes was violated, and a specific request for relief. The complainant(s) may attach exhibits to the complaint that serve as documentation necessary to support the allegations stated in the complaints. However, these exhibits cannot independently contain allegations or arguments to support the allegations.

    3. Deadline: A complaint may be submitted to the IUSA Elections Commission in the IUSA Office at any time during the election until 4:00 PM on the day following the IUSA Election. The complainant(s) must provide five (5) copies of the complaint, along with one copy in digital form (floppy disk, email attachment, or any other form approved by the Elections Coordinator) and all supporting documentation to the Elections Commission, who shall keep one copy and then distribute one copy to each of the following individuals: the Supreme Court, the Assistant Dean of Students, and the Director of Student Activities. The remaining copy shall be posted for public view on the bulletin board outside the IUSA Office.

    Section 902: Appeal of Decisions of the Elections Commission. All decisions of the Elections Commission can be appealed to the Supreme Court. Following any decision or action of the Elections Commission, any party involved in the decision or action may petition the Supreme Court for a writ of certiorari.

    1. Technical Requirements: Each appeal must be typewritten, double spaced, with one-inch margins. Twelve (12) point, Times New Roman font must be used. No appeal can exceed ten (10) one-sided pages in length. All appeals must be signed by the appellant(s).

    2. Substantive Requirements: Each appeal must contain a statement of the specific decision made by the Elections Commission, reasons for why the decision should be overturned, and a specific request for relief. The appellant(s) may attach exhibits to the appeal that serve as documentation necessary to support the allegations stated in the appeal. However, these exhibits cannot independently contain arguments.

    3. Deadline: The appellant(s) must submit the appeal no later than 4:00 p.m. on the first day of class following the day when the Elections Commission posts its decision for public review. The appellant(s) must provide five (5) copies of the appeal, along with an additional copy in digital form (floppy disk, email attachment, or any other form approved by the Chief Justice), to the Supreme Court; who shall keep one hard copy and the digital copy, and then distribute one copy to each of the following individuals: the Elections Coordinator, the Assistant Dean of Students, and the Director of Student Activities. The remaining copy shall be posted for public view on the bulletin board outside the IUSA Office.

    Section 903: Acceptance of Complaints and Appeals. The Elections Commission shall determine whether a complaint has been properly filed. Once the Elections Commission determines that the complaint was properly filed, the complaint is accepted and shall be heard. If the Elections Commission determines that the complaint was not properly filed, the Elections Commission shall have the discretion to determine whether or not to accept the complaint. The Supreme Court shall set its own guidelines for determining whether to accept an appeal, regardless of whether the appeal is filed properly or improperly. If the Supreme Court chooses not to hear an appeal, the decision of the Elections Commission shall stand.

    Section 904: Procedure for Complaints after Acceptance by the Elections Commission. The following procedure shall apply to all complaints accepted by the Elections Commission:

    1. The Elections Commission shall provide copies of the complaints to all candidates affected by the complaints within twenty-four (24) hours of acceptance. Also, a copy of the complaint shall be posted for public view on the bulletin board outside the IUSA Office.

    2. Anyone wishing to submit a reply brief must do so by 4:00 PM of the first day of class following receipt of the copy of the complaint. In order to be properly filed, reply briefs must satisfy the technical requirements stated in Section 902.

    3. The Elections Commission shall set, and then advertise, a date, time, and location for the complaint hearing. This complaint hearing must occur within three (3) class days of the deadline for submission of reply briefs. The complaint hearing shall be open to the public.

    4. At the hearing, each person who filed a complaint or a reply brief shall have the opportunity to make an initial statement to the Elections Commission. Then, the Elections Commission shall have the opportunity to ask questions of the speaker(s). After the question and answer period, each person who made an initial statement shall have the opportunity to make a closing statement.

    5. The Elections Commission shall issue a written decision within twenty-four (24) hours of the end of the hearing, providing a copy of the written decision to the President, the Supreme Court, the complainant(s), and all those whose reply briefs were accepted. Also, a copy of the decision shall be posted for public view on the bulletin board outside the IUSA Office.

    Section 905: Procedure for Appeals after Acceptance by the Supreme Court. The following procedure shall apply to all appeals accepted by the Supreme Court. In hearing appeals, the Supreme Court shall be confined to the evidence presented in front of the Elections Commission when it made its determination, the petition submitted by the appellant(s), the reply briefs, and the statements made during the appeal hearing.

    1. The Supreme Court shall provide copies of the appeal to the Elections Coordinator within one class day of granting a writ of certiorari. Also, a copy of the appeal shall be posted for public view on the bulletin board outside the IUSA Office.

    2. Anyone wishing to submit a reply brief must do so by 4:00 p.m. of the first class day following receipt of the copy of the complaint. In order to be properly filed, reply briefs must satisfy the technical requirements stated in Section 902 and must be submitted in digital form.

    3. The Supreme Court shall set, and then advertise, a date, time, and location for the appeal hearing. This appeal hearing must occur within four (4) class days of the deadline for submission of reply briefs. The appeal hearing shall be open to the public and conducted as governed by the internal rules of the Supreme Court.

    4. The Supreme Court shall issue a written decision within forty-eight (48) hours of the end of the hearing and provide a copy of the written decision to the President, the Elections Coordinator, and all other parties to the dispute. Also, a copy of the decision shall be posted for public view on the bulletin board outside the IUSA Office.

    Section 907: Procedure for Appeals of a Disqualification. In the event an individual candidate or ticket is disqualified by the Elections Commission, an appeal to the Student Body Supreme Court may be filed, consistent with the guidelines established in Section 902. The Student Body Supreme Court shall follow guidelines under Section 905 for procedures in hearing disqualification appeals. In the event a decision of the Student Body Supreme Court upholds the decision of the Elections Commission, the disqualification will be forwarded to Congress for approval. Congressional approval of an election disqualification cannot be appealed. Disqualifications overturned by the Student Body Supreme Court will become final and will not be submitted to Congress for approval.

    Section 908: Required Path of Redress Each person(s) aggrieved must first exhaust his or her administrative remedies through the Elections Commission before seeking relief in an original cause of action in front of the Supreme Court.

    Title X: Responsibilities of the Supreme Court

    Section 1001: General Authority. No IUSA Election shall be considered valid until the Supreme Court certifies the results of the IUSA Election, once all appeals have been rejected, or heard and resolved. The Supreme Court shall have the final authority over all properly appealed IUSA Election and referendum disputes.

    Section 1002: Authority to Reverse Disqualifications of the Elections Commission. The Supreme Court shall have the full authority over all properly appealed election disqualification decisions of the Elections Commission.

    Section 1003: Certification of the IUSA Election. The Elections Coordinator shall publicly post the unofficial vote totals of the election totals once he or she is reasonably certain of the accuracy of the count. The Elections Commission shall submit to the Supreme Court, once all financial statements have been verified, the results of the IUSA Election. The Supreme Court shall then certify the results of the IUSA Election. If the results of the Election Commission’s decisions, hearings, etc. are properly appealed to the Supreme Court, the Supreme Court shall certify the results of the IUSA Election only after these complaints and appeals have been heard and resolved. Certification of the results shall not occur until at least 24 hours (24) have passed following the final deadline for properly filed complaints, in the case that no complaints have been filed.

    Section 1004: Installation of new IUSA Officers. The Supreme Court shall install new IUSA officers as set forth in the IUSA Constitution and by-laws.

    Section 1005: New Elections. The Supreme Court shall have the authority to invalidate an entire IUSA Election, or a portion thereof, and order a new election of what has been invalidated. This shall occur only after the Supreme Court has reviewed a complaint, on appeal from the Elections Commission, which requests an entirely new IUSA Election, or a portion thereof, and the petitioner has demonstrated that either a violation of this Code has occurred, or that other rules and regulations unfairly influenced the outcome of the results he or she is contesting.

    Title XI: Responsibilities of Congress

    Section 1101: General Authority. Congress shall have the authority to amend this Code consistent with the dictates of the IUSA Constitution. Congress shall have the authority to make additional rules and regulations consistent with this Code in order to preserve the legitimacy of all IUSA Elections. Congress shall not have the authority to restrict any voter’s right to endorse or assist any candidate, except for those voters who sit on the Elections Commission or the Supreme Court.

    Section 1102: Procedures for New Elections. Upon a determination by the Supreme Court that a new election will be held, Congress shall hold an emergency Congress meeting to establish new election procedures. The provisions of this Code shall apply for the new election, with the exception that any provision which states a deadline shall be superseded by the procedures established by Congress at the emergency meeting. In addition, Congressional authority over new elections shall supersede this code in any event or language restricting the financial capacities of IUSA, as deemed by Congress, to host a new election.

    Section 1103: Tie-Breaking Procedures. Congress shall have the authority to determine procedures in any situations consistent with Title IV of this Code.

    Section 1104: Disqualifications. Congress shall have the authority to confirm a ticket or candidates’ disqualification by the Elections Commission not reversed under proper appeal by the Student Body Supreme Court. Disqualification confirmations by Congress cannot be appealed.