University of Colorado <br>
University of Colorado Student Union Legislative Council <br>
 <br>
January 28, 2010						72LCB#4 – Revision of UCSU Election Code <br>
              Concerning Position and  <br>
                                                        Appointment of Election <br>
        Commissioner <br>
Sponsored by: 	 <br>
						Daniel Ramos			Tri-Executive <br>
						Blaine Pellicore		Legislative Council President <br>
					            Alexander Schnell 		Election Commissioner <br>
 Tom Higginbotham		Tri-Executive <br>
					            Christine Thai			Tri-Executive <br>
 <br>
Authored by: 					Alexander Schnell		Election Commissioner <br>
						Daniel Ramos			Tri-Executive <br>
						Blaine Pellicore		Legislative Council President <br>
						 <br>
 <br>
Revision of UCSU Election Code Concerning Position and Appointment of  <br>
Election Commissioner <br>
____________________________________________________________________________________ <br>
Bill History  <br>
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According to Article VI of the UCSU Constitution, the Election Commissioner is the chief administrator of all-school elections. The  Election Commissioner and any Assistant Commissioners he/she appoints constitute the UCSU Election Commission. The goals of this commission are to design and implement an Election Code by which UCSU elections shall be run. Furthermore, the Commissioner is charged with running activities and conducting business related to elections or reasonably implied there from. From these tasks it is clearly ascertained that the goal of an Election Commissioner is to ensure a large and competitive turnout of qualified candidates, to advertise for candidates and referenda, to recommend policy for the improvement of elections and of the structure of UCSU, and to solicit the most votes possible from the student body in each election cycle to the best of his/her ability. As the University of Colorado Student Union is the largest and most highly funded student government in the United States, it cannot be emphasized enough the importance of ensuring the legitimacy of this government. The power this government has is dependent upon support by the student body. The impact this government’s voice has on the University Board of Regents is also based upon student support for UCSU. This being the case, there are certain changes that must take place within various by-laws and codes to ensure the utmost efficiency from the UCSU Election Commissioner and the commission he/she directs. <br>
	First, technical flaws must be addressed concerning the official position and appointment of the Election Commissioner. As stated earlier, the Election Commissioner and his/her assistants, should he/she choose to appoint any, constitute the Election Commission. According to Article VI of the UCSU Constitution, the Representative Council is to appoint an Election Commissioner to be ratified by a 2/3 majority vote of the Legislative Council. However, technically this power does not rest with the Representative Council. According to Article II of the UCSU Constitution, the power of appointment for directors of all commissions lies with the Executive(s). Furthermore, Article VIII of the UCSU Constitution states that Commissions and Student Administrators shall be established by the Executive with majority approval of the Legislative Council. The article further states that each Commissioner and Student Administrator shall be appointed by the Executive and ratified by majority vote of the Legislative Council. Simply speaking, nowhere in the UCSU Constitution, specifically Article III on the breakdown of Representative Council duties, is the power of appointment or even review of candidates for commissions or student administrator positions granted to the Representative Council.  Whether the original wording of Article VI was an error is not relevant at this point. The bylaws and codes can be modified in a way that ensures that both the proper procedures of the Constitution are followed and that an amendment to the Constitution will not be needed to rectify this problem. <br>
	This bill will allow the Representative Council to continue to play a role in the selection of an Election Commissioner, while officially moving authority for appointment of the Election Commissioner and his/her Commission to the Executive Branch. The selection of the UCSU Election Commissioner shall proceed in the manner outlined below. This procedure shall be established in the UCSU Election Code. The Executive and Legislative bylaws shall also be altered to reflect this procedure. The Executive(s) shall review applications and interview candidates for Election Commissioner. The final appointment decision shall lie with the Executive(s), per the guidelines set forth in Articles II and VIII of the UCSU Constitution. The appointed Commissioner shall then be presented to the Representative Council for review. This shall be a period for the Representative Council to understand the goals and qualifications of the Election Commissioner. The Representative Council shall then present the appointed individual to the Legislative Council for ratification by a 2/3 majority of those present and voting. The Election Commissioner and his/her appointed Commission shall then function as a semi-autonomous entity of the Executive Branch. His/her term may be ended eby a supermajority vote of the Legislative Council to dismiss the Commissioner from office, by termination from the post by the Executive(s) with majority approval from the Legislative Council, or at the expiration of the Executive(s) term. <br>
	The reasoning behind this slight alteration in the process of appointment and the position of the Election Commissioner is to better ensure that the goals stated at the beginning of this bill are met, and to ensure that constitutional procedures and requirements are met. By following proper procedure and allowing appointment of the Election Commissioner by the Executive Branch, various benefits will be realized. The Executive Branch includes staff that work in Greek Affairs, Student Life, Public Relations, and other beneficial positions. These staff members can provide vital services to help the Election Commissioner carry out a successful election. They can help the Commissioner connect with various student organizations. They can provide advertising sources and ideas. Furthermore, by attending Executive staff meetings, the Commissioner will be better informed about projects and events that could provide opportunities for the Commissioner to solicit candidates and votes. Through these meetings, the Commissioner also is better able to learn about groups and organizations that may be interested in running referenda on the ballots. As long as the Commissioner remains a member of the Legislative staff, the Executive(s) cannot reimburse the Executive staff for their time spent furthering the goals of the Election Commissioner, due to the fact that the goals of this Commission are not the responsibility of the Executive Branch. The Election Commissioner also loses the ability to attend Executive Branch student-government-oriented trips where he/she could gain helpful information from other school’s Election Commissioners on the best ways to run elections and to solicit candidates and increase voter turnout for elections.  <br>
Another issue that arises as elections near is that often Representatives-at-large and other members of the Legislative Council run for re-election. Twice a year, nine individuals who oversee and ratify the Election Commissioner, a post created to ensure fair and unbiased elections, are often among the candidates who are running for election. This could create a conflict of interest for the Commissioner,  who may be prevented from  soliciting help or even discussing election matters with the incumbent candidates in the Legislature. The Executive Branch, on the other hand, only has one election per year, for one to three candidates.  <br>
Finally, the issue of continuity is at the heart of this change. The Legislative Council has minimal contact with the Commissioner after appointment. Thus, they may not fully understand how the elections are being run or even how elections should be run. They cannot be fully aware of whether a Commissioner is performing his/her duties poorly or whether uncontrollable external factors are affecting job performance. Furthermore, without the daily contact that the Executive Branch has with the Commissioner, they cannot offer the same kind of constructive feedback on job performance. The position of Election Commissioner is arduous, with a relatively steep learning curve. It takes multiple elections of testing different methods to find the best ways to solicit candidates and voter turnout. While the Executive(s) switch office each year, the staff maintains a certain level of continuity due to the specialties required in their jobs. Therefore, these individuals, having observed past elections, have the best knowledge and advice on how future elections should be run. They can give new commissioners in the Executive Branch advice of what has and hasn’t worked in the past. While the technical purpose of an Election Commissioner at this school is to run elections, the complexities of that task are much more intricate. An Election Commissioner’s job is to get students involved in their student government. They are there to find qualified candidates, advertise who those candidates are and what their goals are, and encourage students to get their voices heard via referendums. The task of Election Commissioner is not a simple one and it takes the collaboration of people working in many different fields of our government to ensure successful representation of the student body. A semester-to-semester appointment process with oversight by the Legislative Council for the Election Commission is no longer acceptable if this government wishes to have candidate and voter turnout that is reflective of the sheer magnitude and influence of this institution. The key to running successful elections in the future is an experienced and qualified Commissioner collaborating on student involvement and election ideas with Executive(s) and their staff. The goals of the Election Commission would best be met by having it function as a semi-autonomous Commission in the Executive Branch. <br>
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Bill Summary <br>
 <br>
This bill will amend § 201 of the UCSU Election Code to reflect the new process of appointment and position of the Election Commissioner and Commission. This bill will amend Article V (B) of the Legislative Bylaws to reflect a change of direction for the Election Commission. This will amend Article VI (B)(d) of the Legislative Bylaws to reflect that an Election Committee shall act in the place of an Election Commissioner should one not be appointed by the Executive(s). This bill will amend Article IV of the UCSU Representative Council Bylaws to reflect their involvement in the Election Commissioner appointment process. This bill shall amend Article IV of the Executive Bylaws to reflect the appointment of the Election Commissioner. <br>
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THEREFORE BE IT ENACTED by the Legislative Council of the University of Colorado Student Union, THAT,  <br>
Section 1: SECTION 201 (a) of the UCSU Election Code shall read: The Executive(s) shall review  
applications and interview applicants for the Election Commissioner position. They shall appoint the most qualified candidate to the position.
 <br> <br>
Section 2: SECTION 201 (b) of the UCSU Election Code shall read: The Election Commissioner appointed 
		by the Executive(s) shall go before the Representative Council for review. The Representative
		Council shall then review and  nominate the appointed Election Commissioner and the 	
		Legislative Council shall ratify the Election Commissioner by a 2/3 majority of those present 
and voting. <br> 
 <br>
Section 3: SECTION 201 (b)(1) of the UCSU Election Code shall read: The Election Commissioner and 
his/her assistants shall function as a semi-autonomous Commission within the Executive Branch. The Commissioner shall report directly to the Executive(s), as well as to the Legislative Council upon request. <br>
 <br>
Section 4: SECTION 201 (d) of the UCSU Election Code shall read: The Election Commissioner may be
		impeached and removed by a supermajority of twelve (12) members of the Legislative
		Council, or upon request by the Executive(s) subject to appeal by the Commissioner to
		Legislative Council.
 <br> <br>
Section 5: SECTION 201 (e) of the UCSU Election Code shall read: The Election Commissioner’s term 
shall end upon resignation of the Commissioner or upon expiration of the Executive(s) term,
		whichever shall come first.
 <br> <br>
Section 6: ARTICLE IV (D) of the Bylaws for the UCSU Executive Branch shall read: The Executive(s) 
shall interview for and appoint an Election Commissioner. The Election Commissioner and 	any Assistant Election Commissioners he/she appoints shall constitute the Election 	Commission. The Election Commission shall operate within the Executive Branch. <br> <br>


Section 7: Article IV (D)(1) of the Bylaws for the UCSU Executive Branch shall read: The Election
		Commissioner shall report directly to the Executive(s) on matters that are not specifically
		sensitive to election outcomes. The Election Commissioner shall also report to the 
		Legislative Council upon request, provided that the information requested does not violate 		the condition above.
 <br> <br>
Section 8: Article IV (C) of the Representative Council Bylaws shall read: The Representative Council shall 
		review and question the Election Commissioner appointed by the Executive(s). They shall
		then nominate the appointed individual for ratification by a 2/3 majority vote of those present 
and voting of the Legislative Council.
 <br> <br>
Section 9: Article IV (C) of the Representative Council Bylaws shall read: The Representative Council
		must appoint the Executive(s)’ nominee; the review process is to gain knowledge on the 			candidate. Representatives may exercise their views on the appointed individual in casting 
their vote in the Legislative Council ratification.
 <br> <br>
Section 10: Article V (B) of the UCSU Legislative Council Bylaws shall read: All UCSU Executive and
		Representative Council elections shall be under the direction of the Election Commission,
		which shall operate under the Executive Branch and shall be accountable to the Executive(s)
		and Legislative Council upon request.
 <br> <br>
Section 11: Article VI (B) (d) (ii) of the UCSU Legislative Council Bylaws shall read: The Election
		Committee shall work in conjunction with the Election Commission to make
		recommendations concerning Election Code revisions and election procedures to
		the Legislative Council. In the absence of an Election Commission, the Election
		Committee shall function as the Election Commission and operate under the Legislative
		Council.
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Section 12: Article VI (B) (d) (iii) of the UCSU Legislative Council Bylaws shall read: Should the
		Election Committee operate as Election Commission as set forth above, it shall
		abide by the UCSU Election Code, making decisions based upon majority votes. 
 <br> <br>
Section 13: This bill shall take effect upon passage by the Legislative Council and upon either obtaining the 		signatures of two Tri-Executives or the lapse of six days without action by the Tri-Executives. <br>
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Vote Count: <br>
1/28/10		Amend to two Representatives present at interviews			0-14-2 <br>
1/28/10					Passed on 1st reading				Acclamation <br>
2/4/10						Passed on 2nd reading			Acclamation <br>
_______________________________________________________________________________________ <br>
 <br>
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_____________________							_____________________ <br>
Blaine Pellicore								Thomas Higginbotham <br>
Legislative Council President 						Tri-Executive <br>
 <br> <br>


_____________________							_____________________ <br>
Daniel Ramos								Christine Thai <br>
Tri-Executive								Tri-Executive <br>