Amendment to Governing Document AGD1304 Revision to Guidance Documents on Elections Proposer: Dan Warham Passed: Union Council, 3 June 2014 This guidance document relates to elections for the positions provided in the Byelaws. This document may be amended according to procedures set out in the Byelaws. This guidance document shall not contravene the Memorandum and Articles of Association and the Byelaws. The following guidance is laid down to ensure a fair election. You should make sure that you understand and abide by this guidance at all times. 1. Nominations & Candidates’ Briefing 1.1. The nomination form must be completed in full and submitted in accordance with the published procedure and before the close of the nominations as detailed in the Elections Schedule. 1.2. The dates for the opening and closing of nominations are specified in the Elections Schedule. It will also be displayed on the web: www.uclu.org/elections. 1.3. Candidates may provide a list of up to ten supporters with their nomination. Only up to ten supporters will be displayed on candidates’ manifestos on publicity provided by UCLU, including in print and on the UCLU website. All supporters should be members of UCLU. Supporters may endorse more than one candidate. 1.4. Candidates must provide a manifesto to be published by UCLU. No amendments will be accepted past the deadline communicated in the Elections Schedule. 1.5. Nominations shall be declared at the Declaration of Nominations as specified in the Elections Schedule. 1.6. All candidates must attend a Candidates’ Briefing. The time and place of the Candidates’ Briefing is specified in the Elections Schedule. If you are unable to attend you must nominate a representative and inform the Returning Officer in writing beforehand (uclu-union.chair@ucl.ac.uk). Candidates who do not attend a Candidates’ Briefing may be subject to disciplinary action as deemed appropriate by the Returning Officer. 2. Campaigning & Publicity 2.1. Campaigning shall start from the time and date specified in the Elections Schedule. 2.2. Candidates must not share Campaign Expenses. Campaign Expenses are defined as all campaign materials, including online advertisements, which have a market value above £0.00. 2.3. Materials received free of charge shall be counted towards the Candidate’s Elections Budget, at the current market value of the materials. Materials available free of charge to all candidates shall not count towards the limit within the budget, but must still be documented. 2.4. Candidates may spend a maximum of £100 on their election campaign. 2.5. Candidates shall be reimbursed for any expenditure on their election campaign, where valid receipts are provided, up to the above expenditure limit. 2.6. Supporters may campaign for more than one candidate at the same time. 2.7. Candidates may endorse other candidates but are prohibited from making reference to the candidacy of those endorsing them in their Campaign Expenses. A member running for multiple positions in the same set of elections will be treated as separate candidates. 2.8. Candidates must not be endorsed by any of the Full Time Officers nor the Union Chair. 2.9. Candidates may be endorsed by Part Time Officers except for the current post-holder of the post that they are nominated. 2.10. Candidates must not be endorsed by clubs nor societies including student media. 2.11. Candidates may criticise another candidate’s campaign but must never be personal. Candidates and their supporters must not: 2.11.1. reference another candidate’s personal traits of character. 2.11.2. misrepresent another candidates religious, political, or other views or actions. 2.11.3. intimidate any participant in the election, candidate, campaigner, student, staff or other. 2.11.4. deliberately sabotage any campaign other than their own 2.11.5. deface any campaign materials (such as publicity, online media, social networking sites) of another candidate. 2.11.6. make any attempt to influence the impartiality of the Returning Officer or UCLU staff. 2.11.7. permanently damage any UCLU or UCL area or property. 2.12. Candidates or supporters who are currently or have previously been a UCLU officer, volunteer or staff member must not use any facilities or communication methods available exclusively to them and not to other students, for the purpose of campaigning for an individual candidate or candidates. 2.13. Candidates must submit their Elections Budget by the time and date specified in the Elections Schedule. 3. Voting 3.1. The dates and times of voting are specified in the Elections Schedule. Voting will be through online electronic voting. The election is carried out using the Single Transferable Vote (STV) or Alternative Transferable Vote system depending on the type of election. For more details on the voting system please check the UCLU website. 3.2. Re-Open Nominations shall be a candidate in all elections. Should Re-Open Nominations win an election where one person is to be elected to the position, a by-election shall be held at the next scheduled set of elections or in a manner deemed appropriate by Union Council. Should Re-Open Nominations become elected at any stage in an election where multiple people are to be elected to the position, the count shall terminate with candidates who have met the quota prior to the election of Re-Open Nominations being considered to be duly elected. A by-election shall be held to fill the remaining posts, as described above. 4. Results 4.1. The announcement of results shall take place at the time and place specified in the Elections Schedule. 4.2. Results of the election will also be posted on the UCLU website within three working days. 5. Interpretation & Complaints 5.1. Interpretation of this guidance document lies with the Returning Officer. 5.2. Any complaints about the conduct of candidates and their supporters must be made in writing to the Returning Officer no later than one hour after the close of voting. 5.3. The Returning Officer shall make a ruling on the matter within 24 hours upon receipt of the complaint. The Returning Officer may give the alleged candidate the right of reply before making a ruling. Complainants may remain anonymous should they wish. 5.4. The Returning Officer may take any of the following disciplinary actions: 5.4.1. oral warning 5.4.2. written warning 5.4.3. refer the complaint to the Elections Disciplinary Procedure, as outlined in 5.5. 5.4.4. refer the complaint to the Union Disciplinary Procedure 5.5. The Elections Disciplinary Procedure: 5.5.1. The Elections Disciplinary Procedure shall consist of a Panel hearing. 5.5.2. It shall convene at the request of the Returning Officer. 5.5.3. It shall consist of 3 people, drawn from members of the Elections Committee, including at least one Sabbatical Officer and one non-Sabbatical Officer where possible, in addition to the Returning Officer. The panel will not include the Chair of Elections Committee. If not enough members of the Elections Committee can be invited due to conflict of interest, members of, in order of priority, Steering Committee and Union Council may be called. 5.5.4. It shall convene within 1 working day of the Returning Officer calling it. 5.5.5. The Returning Officer shall chair the panel. 5.5.6. The Union General Manager, or their nominated deputy, shall serve as Secretary to the Panel. 5.5.7. The complainant and the defendant shall be notified in writing and through other means of communication where possible as soon as the Returning Officer decides to call a Panel, and as soon as a time and date for the Panel are set. 5.5.8. Both the complainant and defendant may be accompanied by a supporter, who may be granted speaking rights, and who shall be a member of UCLU. 5.5.9. If unable to attend the Panel, the complainant or defendant may write to the Returning Officer requesting a change of time. The Returning Officer may decide to go ahead with or reconvene the Panel. 5.5.10. The process of the Panel hearing shall be as follows: a) The complainant shall introduce evidence and witnesses to the Panel, in the absence of the defendant should they wish. b) The defendant shall introduce evidence and witnesses as appropriate, in the absence of the complainant should they wish. c) Both the complainant and defendant may be questioned by the Panel, separately where appropriate. d) The Panel will then adjourn to a closed session to determine the action to be taken. e) The Chair of the Panel shall notify the complainant and defendant of the decision orally immediately after the decision is made, and in writing following the close of the session. f) Appeals may be made within 6 hours of the decision being made, and will only be considered if the Chair of Elections Committee deems that the process was unfair. g) If new evidence arises, the 6-hour limit for appeals may be extended, at the discretion of the Chair of Elections Committee. h) The Appeal will be chaired by the Chair of Elections Committee. i) Appeals will follow the same process as the Elections Disciplinary Procedure, but with 3 members of the Elections Committee who have not been involved in the case, including the original Panel. j) The Appeal Panel may decide to impose different penalties, impose no penalties or uphold the decision of the original Panel. k) The decision of the Appeal Panel is final. 5.5.11. The Panel shall have the power to impose the following penalties: a) Oral warning; b) Written warning; c) A percentage of votes to be docked; d) Disqualification of a candidate; e) Declare the election null & void; f) Refer the matter to the Union disciplinary procedures. 5.5.12. A combination of the above penalties may be imposed 5.5.13. Where the appellant can provide evidence that their appeal has not been dealt within accordance with this procedure, the appellant may request an appeal to an independent person to be appointed by the governing body, University College London, in accordance with the Education Act 1994. 5.6. Any complaints about the elections process must be made in writing to the Chair of Elections Committee. An Emergency meeting of the Elections Committee may be called by the Chair of Elections Committee to consider the complaint. 5