Bye Laws of

Bucks Students’ Union:

ELECTIONS

August 2014

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ELECTIONS

General Regulations for Elections (including voting in Referendum ballots where applicable)

1. No member shall have more than one vote.

2. Voting shall be by secret ballot following rules approved by the Electoral Reform Society for:2.1. Alternative vote in single post elections; and 2.2. Single Transferrable Vote in multiple post elections

with the addition of Re-Open Nominations (R.O.N.) as a standard option.

3. When Re-Open Nominations is the winning candidate in an election then the post in question shall remain vacant until a by-election is held.

4. When Re-Open Nominations is the winning candidate in a multi-seat election, its surplus of votes shall be transferred to a new re-open nominations candidate.

5. The overall responsibility for the conduct of officer elections is the responsibility of the Trustee Board and/or their nominees.

6. The Returning Officer shall normally be an external professional supplied by the National Union of Students and will ensure that officer elections are conducted in accordance with the constitution, bye-laws, and any rules governing the conduct of campaigns. Under no circumstances shall the President be Returning Officer.6.1. The Returning Officer shall also be responsible for:

6.1.1. Ensuring all procedures governing elections are rigorously applied.

6.1.2. Producing a report on the results and conduct of the election to the following meeting of the Board of Trustees.

6.1.3. Notifying the student body of the outcome of the election.6.1.4. Notifying the University of any irregularities and also that

all elections have been carried out in accordance with the requirements of the 1994 Education Act, Schedules and Standing Orders.

6.2. The Deputy Returning Officer/s who will normally be members of staff of the Union shall be delegated operational responsibility for the conduct of the elections. The Deputy Returning Officer/s will support the Returning Officer in his/her duties and shall be responsible for the conduct of all matters regarding the officer elections subject to their decisions being reviewed by the external Returning Officer.

Elected Positions

7. The following positions shall be elected annually and from time to time as required:7.1. Sabbatical Officers7.2. Student Trustees7.3. NUS Delegates to Annual Conference (with the exception of the President

who shall be an automatic delegate and shall be delegation leader).

Timing of Elections

8. Elections will be held at times which are practicable but intended to enable the largest possible number of members to vote, normally in the first half of the Second Semester of each year, with regard given to term dates, public holidays and major Union events.

9. Not less than 14 days before an officer election is due to be held, the Returning Officer shall appoint Deputy Returning Officer/s.

10. Nominations shall be open no less than fifteen working days before the close of polling.

11. Detailed notice of elections shall be given a minimum of seven working days before nominations open.

12. A candidates’ meeting must be held following the closure of nominations at a time specified by the Deputy Returning Officer/s.

13. The Deputy Returning Officer/s and any supporting committee, in consultation with the Union’s Senior Managers, shall fix the dates, times of day of voting, the Candidates’ Question Time and the copy date of the publishing of manifestos.

14. The Deputy Returning Officer/s shall be responsible for the conduct of the ballot within his or her constituency in accordance with the Constitution and Bye-Laws.

15. The Deputy Returning Officer/s will annually update “Elections: A Candidates’ Guide” which will set out regulations governing the conduct of candidate’s campaigns, Candidates’ Question Time, deadlines, details of polling and any other regulations required to ensure the smooth running and fairness of the election process.

16. The Deputy Returning Officer/s will issue the polling clerks with instructions as to how to conduct the ballot.

17. The Deputy Returning Officer/s shall also instruct the relevant members of Union staff to publicise the place, date and times of the voting and Candidates’ Question Time, copy dates for manifestos and closure date of nominations.

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By-Elections

18. Sabbatical Officers elected in by-elections shall hold office from the date that the result is declared for the remainder of that period in office.

19. In the event of a vacancy in a Student Trustee post, the Trustee Board can call a by-election at its discretion such that polling closes in term time.

Nominations

20. Each candidate, a proposer, and a seconder shall sign a nomination form. All must be full members of the Union.

21. No member of the Union shall sign more nomination papers than there are vacancies in that election, nor may they sign a nomination paper for any election in which they are not entitled to vote.

22. Nominations for all elections shall close at noon no later than five working days before the election is due to take place, or another period of time at the discretion of the Returning Officer.

23. Any candidate may withdraw their nomination by so informing the Deputy Returning Officer/s in writing no later than 3 working days before the ballot opens. After which the name of the candidate may remain on the ballot paper.

24. The Returning Officer shall publicise details of all nominations through the relevant student media channels.

25. Re-Open Nominations will be a candidate in every Union election. Though any full member wishing to run a R.O.N campaign against any post should be registered with the Returning Officer within three days of the publication of the nominations. Only one RON campaign will be allowed for each post. If more than one full member registers to run a RON campaign against a post, the returning officer will call a meeting and instruct all these members to form a group to run the campaign.

26. RON will be treated like any other candidate and as such will have a campaign budget equal to the other candidates, and will fall under the same disciplinary actions as the other candidates.

Candidate Question Time

27. Candidate Question Times may be held after the close of nominations for all officer elections and in the voting period.

28. The Returning Officer or their nominee shall be responsible for the organisation and conduct of Candidate Question Times, and shall ensure that all candidates receive an equal opportunity to speak.

Voting

29. Eligible voters shall be determined from the registered students of Buckinghamshire New University at the close of nominations.

30. Any member who is entitled to vote in an election, but who will not be present at the University on the days of the election, or have access to an internet connection to vote online, may register for a postal vote by contacting the Deputy Returning Officer prior to the opening of polling.

31. Candidates and their representatives shall not approach within three metres of the voting area except for the purpose of voting.

32. A voter may express a preference to vote for a candidate. A voter shall express a first preference by placing the figure ‘1’ on the ballot paper adjacent to their first preference. A voter may express further preferences by placing candidates in their respective order.

33. The list of voters may only be scrutinised by the Returning Officer and the clerks on duty. This list shall remain confidential except in the event of a formal complaint.

34. Candidates shall appear on the ballot paper in the order in which they are drawn by lots.

35. The candidate will be given the opportunity to express a preference for the name to be displayed on the ballot paper at the time of nomination. The candidate may use up to an extra six words or initials in brackets as a description.

36. The ballot paper(s) shall include the statement ‘re-open nominations’. ‘Re-open nominations’ shall be treated as a candidate. If the re-open nominations candidate is elected the Returning Officer shall follow the agreed electoral procedures.

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Publicity

37. The Deputy Returning Officer/s or their nominee shall be responsible for advising the Union’s media on coverage of the elections, but shall not have editorial control over the media. Union media shall treat coverage of the elections with due balance and fairness.

38. No candidate shall play any part in the coverage of elections in the media. Candidates will be notified of scheduled opportunities to engage with Union media by the Deputy Returning Officer/s.

39. No campaign material shall be released until permitted by the Deputy Returning Officer/s.

40. Candidates shall not advertise:40.1. On the windows, walls or doors of Union Offices.40.2. Within 3 metres of a ballot box or service counter.40.3. On material produced on facilities not available to all candidates from

within the University.40.4. By painting or marking any road, wall or similar surface within the

Union or the University.

41. No publicity material may be affixed in such a way as to interfere with the publicity of another candidate. No candidate may remove or deface the publicity of another candidate. For the avoidance of doubt, each poster is assumed to have one face only.

42. No candidate may incur or initiate personal expenditure beyond a maximum of £100 in Sabbatical Officer Elections, £50 in all other elections. That must be accounted for and receipts provided and must be submitted to the Returning Officer through the Students’ Union offices prior to the start of the count in any election. This amount will not be refunded.

43. The Union shall provide the following facilities for each candidate:-43.1. Sabbatical Officer Elections - 500 A4 black and white posters (or equivalent).43.2. All other positions - 100 A4 black and white posters (or equivalent)

44. No candidate shall use publicity to primarily promote another candidate in the same election, or to promote a commercial activity.

45. No candidate shall use the Union’s commercial services to promote their candidature.

46. The Deputy Returning Officer shall be responsible for producing all literature with respect to notification of election procedures and timetables. This literature shall include: 46.1. The positions open for election and all rules and conditions governing the

election and the conduct of campaigns.46.2. The opening and closing dates for nominations, and the conditions for

nomination.46.3. The lists of all candidates for all positions open for election.46.4. The closing date for submission of candidates’ literature, for approval prior

to printing and distribution.46.5. The designated areas in which publicity may be displayed.46.6. The opening and closing times that voting will be open, where voting will

take place and how to vote.46.7. The date and time at which voting will be closed and the count conducted.46.8. Announcing the outcome of the count.

47. The Returning Officer may establish and publish other regulations governing the conduct of the campaign

48. The Deputy Returning Officer will annually update “Elections: A Candidates’ Guide” which will set out regulations governing the conduct of candidate’s campaigns, Candidate’s Question Time, deadlines, details of polling and any other regulations required to ensure the smooth running and fairness of the election process.”

Conduct

49. Candidates must conduct themselves in line with the rules laid out in this bye-law and “Elections: A Candidates’ Guide”. Candidates breaching these rules will be subject to the disciplinary procedure outlined in the documents.

50. Complaints regarding candidates conduct must be submitted in writing with any accompanying evidence to the Deputy Returning Officer/s before the commencement of the count, Complaints will be dealt with as outlined in “Elections: A Candidates’ Guide” or elsewhere in these rules.

51. The Deputy Returning Officer/s may take any disciplinary actions that they believe to be reasonable.

52. The Returning Officer shall hear any appeals relating to the decisions of the Deputy Returning Officer/s.

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Counting

53. Where the election is for a single post, the Alternative Transferable Vote System shall be used as approved by the Electoral Reform Society.

54. Where the election is for multiple posts, the Single Transferable Vote System shall be used as approved by the Electoral Reform Society.

55. The timing of the count for each position shall be approved by the Returning Officer prior to the start of polling.

56. Each candidate in any election will be permitted to nominate one individual to monitor the count on their behalf, who shall not assist in the count.

57. The Returning Officer, at their discretion, may initiate a recount and subsequent recounts.

58. Candidates are entitled to a recount if requested, and discretion is given to the Returning Officer to initiate subsequent recounts.

59. The results of all Union elections shall be certified by the Returning Officer.

Complaints and Results

60. Any complaint on the conduct of the election or of any violation of this Bye-Law shall be made in writing to the Returning Officer before the start of the count or, in the case of a complaint relating to the count, within five clear working days from the announcement of results. The Returning Officer shall make any recommendations they may see fit to the Trustee Board.

61. Any candidate who is declared elected and against whom a complaint is lodged shall be deemed elected until a decision is made on the complaint.

62. All results of elections shall be reported by the next meeting of the Executive Committee. The Returning Officer shall keep all papers pertaining to the election until this meeting, or for one calendar month or until the complaint has been resolved, whichever is the longer period.

Review

63. This Bye-law will be reviewed by the Governance Committee in consultation with Union Council and any other staff/officers involved in the administration of elections, before being approved by Trustee Board on a timetable set by the Trustee Board.

End

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Bucks Students’ Union

Queen Alexandra Road, High Wycombe, Bucks HP11 2JZ

Tel: 01494 601 600 Email: union@bucks.ac.uk Website: bucksstudentsunion.org

Bucks Students’ Union is a registered charity – no. 1144820 VAT Reg. No. 669 0980 87