ASG Senate Bill No. 17- Impeachment Process

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 1  Associate d Student Government 1 University of Arkansas 2 3  ASG Senate Bill No. 17 4  Authors: Sena tor Grant Add ison, Senator A my West 5 Sponsors: Senator Grant Addison, Senator Amy West 6 7 The ASG Impeachment Process Act of 2013 8 9  Whereas, The Associate d Student Government i s modeled off of the 10 government of the United States of America, a government created 11 on a system of checks and balances; and 12 13  Whereas, The power of the Le gislative Branch is a fundamental c omponent of 14 that system of checks and balances, and the singular form of 15 accountabil ity of government officials; and 16 17  Whereas, The United States Constitution states, “the Senate shall have the 18 sole Power to try all Impeachme nts…” (Article I, Section 3); and  19 20  Whereas, The Senate of the As sociated Student G overnment has n o such 21 constitutional power, and therefore is restricted from their duties of 22 upholding the democratic process; then 23 24 Be it therefore enacted: Article II Legislative Branch, Section 7 Duties and 25 Powers of the Legislative Branch, Clause K shall be 26 amended to the following: 27 28 “The power to issue and hear cases of impeachment of 29 any Executive Officer, Cabinet Member, Justice, 30 Senator, or Congress Member as outlined by Title 2  31 Legislative Code, Section20 Impeachment Code;” 32 and 33 34 Be it further enacted: Article III Judicial Branch, Section 10  35 Investigation of an Elected or Appointed ASG Agent 36 shall be stricken from the ASG Constitution; and 37 38 Be it further enacted: Title III Judicial Code, Section 12 Hearings for an 39  Alleged Breac h of the Standards of E thics shall be 40 stricken from the ASG Code; and 41 42 Be it further enacted: Title II Legislative Code, Section 20 Impeachment 43 Code shall be added to state the following: 44 45 Section 20 Impeachment Code 46

Transcript of ASG Senate Bill No. 17- Impeachment Process

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 Associated Student Government1

University of Arkansas2

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 ASG Senate Bill No. 17 4

 Authors: Senator Grant Addison, Senator Amy West5

Sponsors: Senator Grant Addison, Senator Amy West6

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The ASG Impeachment Process Act of 20138

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 Whereas, The Associated Student Government is modeled off of the10

government of the United States of America, a government created11

on a system of checks and balances; and12

13

 Whereas, The power of the Legislative Branch is a fundamental component of 14

that system of checks and balances, and the singular form of 15

accountability of government officials; and16

17

 Whereas, The United States Constitution states, “the Senate shall have the18

sole Power to try all Impeachments…” (Article I, Section 3); and 19

20

 Whereas, The Senate of the Associated Student Government has no such21

constitutional power, and therefore is restricted from their duties of 22

upholding the democratic process; then23

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Be it therefore enacted: Article II – Legislative Branch, Section 7 – Duties and25

Powers of the Legislative Branch, Clause K shall be26

amended to the following:27

28

“The power to issue and hear cases of impeachment of 29

any Executive Officer, Cabinet Member, Justice,30

Senator, or Congress Member as outlined by Title 2 – 31

Legislative Code, Section20 – Impeachment Code;”32

and33

34

Be it further enacted: Article III – Judicial Branch, Section 10 – 35

Investigation of an Elected or Appointed ASG Agent36

shall be stricken from the ASG Constitution; and37

38

Be it further enacted: Title III – Judicial Code, Section 12 – Hearings for an39 Alleged Breach of the Standards of Ethics shall be40

stricken from the ASG Code; and41

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Be it further enacted: Title II – Legislative Code, Section 20 – Impeachment43

Code shall be added to state the following:44

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“Section 20 – Impeachment Code46

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 A. No Bill of Impeachment shall be accepted without47

at least a total of one (1) author and an additional four48

(4) sponsors.49

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B. When a Bill of Impeachment is introduced in the51

regular sessions of both the Senate and the Graduate52

Congress, it shall then be read by the separate bodies,53

and voted on as to whether to hear the case. The Bill54

author shall provide an authorship report per each55

 bodies’ respective Standing Rules. A simple majority 56

 by each body is required to move the case to the next57

meeting.58

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C. If passed, it shall be numbered by both bodies and60

deemed to have been classified as New Business for a61

special Joint Legislative Session of both the Senate62

and the Graduate Congress to be scheduled within63

two (2) weeks of passage.64

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D. A Bill of Impeachment shall not be considered by 66

any committee.67

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F. Except when the Chief Justice is being tried, he/she69

shall preside over the Impeachment Hearing.70

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G. When the Chief Justice is being tried, the Chair of 72

the Senate shall preside over the Impeachment73

Hearing.74

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H. The order of procedure at an Impeachment76Hearing shall be as follows:77

a. The presiding officer shall take the chair and call78

the Impeachment Hearing to order.79

 b. The author of the Impeachment Bill shall have the80

right to present his/her opening statement in81

accordance with speaking time limits per the Senate82

Standing Rules.83

c. The accused officer shall have the right to present84

his/her opening statement in accordance with85

speaking time limits per the Senate Standing Rules.86

d. The author of the bill shall have the right to present87his/her evidence, the right to call and question88

 witnesses, and the right to take questions from89

Senators and Congress Members in accordance with90

speaking time limits per the Senate Standing Rules.91

e. The accused shall have the right to present his/her92

evidence, the right to call and question witnesses, the93

right to attend or not attend the Hearing, and the94

right to take questions from Senators and Congress95

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Members in accordance with speaking time limits per96

the Senate Standing Rules.97

f. The author of the bill shall have the right to present98

his/her closing statements in accordance with99

speaking time limits per the Senate Standing Rules.100

g. The accused shall have the right to present his/her101

closing statements in accordance with speaking time102

limits per the Senate Standing Rules.103

h. The Joint Legislative Session shall move directly 104

into a vote on the Bill of Impeachment. An aye vote is105

to convict, a nay vote is to acquit, and there is no vote106

to abstain.107

i. A two-thirds majority of Senators and Congress108

Members present is required to convict.109

 j. The presiding officer shall announce the result of 110

the vote.111

k. If convicted, the presiding officer shall declare the112

accused removed from office.113

l. If acquitted, the presiding officer shall declare the114

defendant exonerated.115

m. There is no appeals process.116

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I. At any time during which the Senate is in an118

Impeachment Hearing, the author of the Bill of 119

Impeachment may voluntarily remove any or all of the120

charges listed in the Bill.121

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J. The sponsors do not have the power to amend the123

Bill; however, they reserve the right to withdraw their124

sponsorship at any time.125126

K. A vote to convict shall be rendered by a Senator or127

Congress Member only if he/she finds clear and128

convincing evidence that all charges in the final Bill of 129

Impeachment were committed.” 130

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Be it further enacted: Any reference to the Graduate Congress within the132

impeachment process is dependent on the133

Chancellor’s approval of the separate legislative body.134

In the instance it is not approved, all impeachments135

shall be under the purview of Senate, and Senate136alone.137

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Official Use Only139

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 Amendments:141

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 Vote Count: Aye Nay Abstentions143

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Legislation Status: Passed Failed Other145

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 ___________________________ ________________148

Mike Norton, ASG Chair of the Senate Date149

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 ___________________________ ________________151

Tori Pohlner, ASG President Date152