University of St. La Salle University Student Government OFFICE OF THE STUDENT SENATE A.Y.

2011-2012

Bill No. 1 THE UNIVERSITY OF ST. LA SALLE STUDENT GOVERNMENT OMNIBUS ELECTION CODE OF 2011

Author:

Jarre V. Gromea

Chairperson, Commission on Elections

Sponsors: Sen. Xycysthiae Santillan Sen. Paul John Valencia Sen. Francis Martin Planta Sen. Paul Ian Sonon Sen. Demosthenes John Brodit Chairman, Rules and Procedures Committee Vice Chairman, Rules and Procedures Member, Rules and Procedures Committee Member, Rules and Procedures Committee Senate Minority Floor Leader

CHAPTER I GENERAL PROVISIONS

Section 1. Title this act shall be known and cited as The University of St. La Salle Student Government Omnibus Election Code of 2011.

Section 2. Declaration of Policy The University of St. La Salle Student Government recognizes and guarantees the exercise of the right of suffrage by all bona fide students of the University of St. La Salle. Towards this end, the student government shall, through its Commission on Elections, ensure a fair, orderly and honest election.

Section 3. Applicability This code shall govern the election process of all student officers and to the extent appropriate, all referendum and plebiscites.
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CHAPTER II DEFINITION OF TERMS

Section 4. Definitions For the purposes of this code, the following terms shall be defined as follows:

a)
b)

Accreditation refers to the official recognition of a political party upon meeting the requirements prescribed by this code. Automated Election System refers to a system using appropriate technology for voting and electronic devices to count votes and canvass/consolidate results. Ballot refers to a system in which eligible people vote to determine the outcome of an election or make some other collective decision. Board of Election Inspectors refers to the representatives of the Commission authorized to conduct the voting and counting of votes in their respective polling places. Bona fide students refer to the college students who are officially enrolled (with the exception of cross enrolled students from other schools) in the University of St. La Salle. Campaign Materials refer to any material (e.g. published material, social network accounts, text messages, advertisements) used for election campaign. Candidates refer to a student seeking for election to a position of authority. Certificate of Candidacy refers to a written document to be filed by candidates as required in this code. Campaign Period refers to the time period allotted for political parties and candidates to campaign for themselves. Election Campaign refers to an act designed to endorse a political party and the election of a particular candidate or candidates to a student office. (ex. Vote straight [name of party]!; Vote For [name of candidate]! ) Election Propaganda refers to any material or publicity designed to promote a political party, particular candidates or candidate Election Period refers to the period of time starting from the filing of candidacy up until the period of protest. Election refers to the act or process of choosing by vote a candidate for a certain position. Election Returns refers to the total number of votes cast during the day of election. (Election Results) Independent Candidates refer to individual candidates who are non-partisan or not affiliates of any political party.

c)

d)

e)

f)

g) h)

i)

j)

k)

l)

m)

n)

o)

p)

Period of Protest refers to the period wherein complaints and protests are entertained and deliberated. Petition refers to a formal written application requesting for a specific action. Plebiscite refers to a direct vote in which the entire students are invited to accept or refuse a proposal. Political Party refers to an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions. Polling Places refer to the exact location where votes are being cast. Public refers to something which is open to everyone, typically frequented by large numbers of people. Re-accreditation refers to the process of renewing the accreditation of a political party as prescribed by this code. Referendum refers to the submission of an issue of public importance to the direct vote of the entire students. Student Officers refer to bona fide college students of the University of St. LaSalle holding a position of authority. (From Executive President down to the specific Classroom Officers) Suffrage refers to the right to vote. Voters refer to students who exercise their right of suffrage.

q) r)

s)

t) u)

v)

w)

x)

y) z)

CHAPTER III COMMISSION ON ELECTIONS

Section 5. Qualifications No student shall be a member of the Commission unless:

a) b) c) d)

He is a bona fide college student of the University of St. La Salle He has not undergone any academic or disciplinary probation. He should be of proven competence, integrity, probity, independence, and to service. dedication

He should be non-partisan or not an affiliate whatsoever of any political party.

Section 6. Composition The Commission shall be composed of a Chairperson, Vice Chairperson, and five (5) Commissioners. The said positions shall be appointed by the Executive President and subject to the confirmation of the Student Senate.

Section 7. Powers and Functions The Commission shall exercise the following powers and functions:

a) b) c) d)

Enforce and administer all laws and regulations relative to the conduct of election, plebiscite, or referendum; Exercise jurisdiction over all contests relating to elections, election returns, and qualifications of all government officers; Decide all questions affecting elections, including determination of the numbers and location of polling places, and appointment of election officers and function; and Ensure a fair, orderly and honest election.

Section 8. Term of Office The commissioners shall have the term of office that shall commence upon appointment and shall end upon graduation, termination of bona fide student status, or upon voluntary resignation or is terminated from office.

Section 9. Publication The Commission shall publish certified data on the schedule of election campaign and election period, official list of candidates, number of official ballots, election returns, and other important information related to election.

Section 10. Comprehensive Reports. The Commission shall submit to the office of the Executive President and Student Senate of the USLS Student Government a Comprehensive Report in the conduct of Election, Plebiscite, or Referendum not later than two school weeks after the said event was held.

CHAPTER IV POLITICAL PARTIES

Section 11. Free Party System A free and open party system shall be allowed to evolve according to the free choice of students.

Section 12. Political Party Registration To acquire judicial personality, qualify for subsequent accreditation, and to entitle it to the rights and privileges herein granted to political parties, a political party shall first be duly registered with the Commission not later than 60 school days before election period begins.

Section 13. Accreditation and Re-accreditation Any organized group of persons seeking accreditation and re-accreditation may file to the Commission the following:

a) b) c) d) e)

An envelope containing a verified petition attaching thereto its constitution and bylaws; Platform or program of government; Official list of active members; Set of officers; Official Logo

The Commission shall, after due noticing and hearing, resolve the petition within five (5) days from the date it is submitted for decision. Any political party accredited by the Commission shall be subject to reaccreditation every academic year. Such application for re-accreditation shall be filed to the Commission not later than sixty (60) school days after the academic year begins. Requirements for re-accreditation shall be the same as that of accreditation. The Commission shall then pass the constitution and by-laws of the parties to the Judicial Department for interpretation.

Section 14. Effects of Accreditation and Re-accreditation Accredited/re-accredited political parties are entitled with the rights and privileges herein granted to political parties. Only such parties are legally allowed to participate in the elections.

Section 15. Non-accredited/Not Re-accredited Political Parties Non-accredited/Not Re-accredited political parties are banned from participating in the elections.

CHAPTER V ELIGIBILITY OF CANDIDATES AND CERTIFICATES OF CANDIDACY

Section 16. Qualification for President, Vice President and Executive Treasurer of the USLS Student Government:

a) b) c) d)

He is a bona fide college student officially enrolled in the University of St. LA Salle. He has a residence of at least two (2) consecutive semesters in the University of St. La Salle. He has not been under academic or disciplinary probation for two (2) consecutive semesters prior to the election. He must have a GPA of at least 2.5 in the semester prior to the election.
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e) f) g)

He has no failures or deficiencies with any subject from the previous semester. His grades must be indicated in the certificate of candidacy and signed by the registrar and endorsed by their respective college deans. He has met all requirements that may be provided in this code.

Section 17. Qualifications for Members of the Student Senate No student shall be elected Senator unless:

a) b)

He is a bona fide college student officially enrolled in the University of St. La Salle. He has a residence of at least one (1) semester in the University of St. La Salle.

c) He has not been under academic or disciplinary probation in the semester prior to the election. d) e) He must have a GPA of at least 2.5 in the semester prior to the election. He has no failures or deficiencies with any subject from the previous semester.

f) His grades must be indicated in the certificate of candidacy and signed by the registrar and endorsed by their respective college deans. g) He has met all requirements that may be provided in this code.

Section 18. Qualifications for the Elective College Council Officers The qualifications for elective year level government officials shall be those provided for in the College Council Code.

a)

He is a bona fide college student of the University of St. La Salle

b) He has not been under academic or disciplinary probation for two (2) consecutive semesters prior to election. c) d) He must have a GPA of at least 2.7 in the semester prior to the election. He has no failures or deficiencies with any subject from the previous semester.

e) His grades must be indicated in the certificate of candidacy and signed by the registrar and endorsed by their respective college deans. f) He has met all the requirements that may be provided in this code.

Section 19. Candidates Holding Appointive Office or Position Any student holding an appointive office shall be considered immediately resigned from his office upon the filing of his certificate of candidacy.
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Section 20. Candidates Holding Elective Office Any elective official running for any office other than the one that he is holding in a permanent capacity, except for the Executive President, Vicepresident and Treasurer shall be considered resigned from his office upon the filing of his certificate of candidacy.

Section 21. Nuisance Candidates The Commission, upon a verified petition of an interested party, may refuse to give due course to or cancel a certificate of candidacy if it is to be shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.

Section 22. Guest Candidacy A political party may nominate and/or support candidates not belonging to it.

Section 23. Independent Candidacy An independent candidate shall be treated as a sole candidate, having filed his certificate of candidacy, with the clear stipulation of his intention to run by himself. The said candidate shall be afforded the right to campaign only as an individual entity. By nature of their independent candidacy, independent candidates shall not therefore be allowed to campaign as a group. This is defined as: walking together during campaign period, entering a class for campaigning purpose simultaneously, and congregating within the campus as a group during the campaign period.

Section 24. Change of Political Party Affiliation An elective official may change his party affiliation for purposes of election or re-election for the following academic year. Such change in party affiliation shall not take place during Election Period.

Section 25. Disqualification of Candidates Any candidate who, in action or protest in which he is a party is declared by final decision of the Student Court guilty of, or found by the commission having;

a) Given money or material consideration to influence, induce or corrupt the voters or student officials performing electoral functions; b) c) d) Committed acts of terrorism to enhance his candidacy; Committed gross immorality or scandalous acts which cause dishonor to the University; Deliberately violated the provisions of this code;

shall be disqualified from continuing as candidate, or if he has been elected, from holding office.

Section 26. Effects of Disqualification Cases and Priority The Commission and the Student Court shall give priority to cases of disqualification by reason of violation of this act to the end that a final judgment shall be rendered at the earliest possible time. Any candidate who has been declared by the final judgment to be disqualified shall not be voted for and votes cast for him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment to be disqualified and he is voted for and receives the winning number of votes in such election, his violation of the provision of the preceding section shall not prevent his proclamation and assumption to office.

Section 27. Certificate of Candidacy No person shall be eligible for any elective student office unless he files a sworn certificate of candidacy within the period fixed herein. A person, who has filed a certificate of candidacy prior to the election, may withdraw the same by submitting to the office concerned a written declaration under oath.

Section 28. Contents of the Certificate of Candidacy The certificate of candidacy shall contain the following:

a) b) c) d) a) b) c) d) e) f) g) h)

Announcement of candidacy for the office stated therein; The political party to which the candidate belongs; The candidates full name and nickname; 2x2 Photo; Civil status; Religion; Date and Place of Birth; Full address; Contact number/e-mail; Grade point average/high school average; Signature of Registrars Office, Department Chairperson, and Discipline Officer; Signature of the candidate;

i) Stating that the candidate will support and defend the Constitution of the USLS Student Organization and will maintain true faith and allegiance thereto; j) that he will obey the laws, legal orders and decrees promulgated by the duly constituted authorities; k) that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; l) election; that he will voluntarily subject himself to an honest, fair, and just
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m) and that the facts stated in the certificate of candidacy are true to the best of his knowledge; n) Right thumbprint (to be marked after the oath taking ceremony with the Commission).

Section 29. Oath Taking Ceremony Any candidate who files a certificate of candidacy is required to attend the oath taking ceremony with the Commission.

Section 30. Filing and Distribution of Certificate of Candidacy The certificate of candidacy shall be filed within the first two (2) weeks of the Election Period. It must be submitted in a sealed envelope before the expiration of the date or time of filing. The Commission shall receive and acknowledge receipt of certificates of candidacy filed.

Section 31. Candidates in Case of Death, Disqualification, or Withdrawal of Another If after the last day for filing of certificates of candidacy, an official candidate of a registered party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified.

Section 32. Petition to Deny Due Course to or Cancel a Certificate of Candidacy A verified petition seeking to deny due course or cancel a certificate of candidacy may be filed by any person exclusively on the ground that any material representation contained therein. The petition should be filed not later than three school days after the deadline of the filing of the certificates of candidacy and shall be decided, after due notice and hearing not later than the Friday of the period of deliberation. Within one week of the period of deliberation, no other petitions shall be considered after the commission has declared the official candidates for election.

CHAPTER VI ELECTION OF PRESIDENT, VICE-PRESIDENT AND EXECUTIVE TREASURER

Section 33. Regular Election for President, Vice-President and Executive Treasurer The regular election for President, Vice-President and Executive Treasurer of USLS Student Government shall be held within the last two (2) months of the Academic Year.

Section 34. Special Election for President, Vice-President and Executive Treasurer In case a vacancy occurs for the office of the President, Vice-President and Executive Treasurer, there shall be no special election.

a) Vacancy in the Office of the President - the Vice-President shall become the President to serve the un-expired term.

b) Vacancy in the Office of the Vice-President - the Student Senate President shall become the Vice-President to serve the un-expired term. c) Vacancy in the Office of the Executive Treasurer - the President-elect shall appoint a student to serve the un-expired term. Such appointment shall need confirmation of the Student Senate. Should the Student Senate fail to act on such appointment within fifteen (15) school days upon receipt thereof, the same shall become immediately.

Section 35. Proclamation of the President-elect, the Vice-President-elect and the Executive Treasurer-elect Upon the completion of the canvass of the votes, the persons obtaining the highest number of votes for the President, Vice-President and Executive Treasurer shall be declared elected, but case two or more shall have an equal and highest number of votes, one of them shall be chosen President, Vice-President or Executive Treasurer, as the case may be, by majority vote of all the members of the Student Senate. It shall be that the method of voting to be used by the Senate is the secret ballot.

Section 36. Term of Office The President-elect, the Vice-President-elect and the Executive Treasurerelect shall assume office after the turning over ceremony. Their term of office shall end at the close of the second semester or as soon as the new set of officers, shall have been duly qualified and proclaimed.

CHAPTER VII ELECTION OF THE MEMBERS OF THE SENATE

Section 37. Regular Election of the Members of the Student Senate The regular election of the members of the Student Senate shall be held simultaneously with the election of the President, VicePresident and Executive Treasurer. The members of the Student Senate shall be elected per college. Each college shall have four (4) senators; however, in the manner of election only two (2) senators will be elected per college every academic year unless there is a vacancy.

Section 38. Special election of the members of the Student Senate In case of vacancy, a special election will be called. The special election will be simultaneous with the election of the freshmen batch representatives. If the vacancy occurs after the election of the freshmen batch representatives:

a) The next senatorial candidate with the highest number of votes of the prior election shall serve as the new senator for the rest of the academic year only. b) If there is no available senatorial candidate as mentioned in Sec. 38-a, any student of the concerned college seeking for office may file a certificate of candidacy to the Commission on Election. The Commission shall set a schedule for the candidates to campaign in front of the Student Senate after which, one of them shall be chosen by majority vote of all the members of the Student Senate. It shall be that the method of voting to be used by the Senate is the secret ballot. The candidate with the highest number of votes of the prior election shall serve as the new senator for the rest of the academic year only.

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Section 39. Proclamation of the Senator-elect Upon the completion of the canvass of the votes, the persons obtaining the highest number of votes for Senator shall be declared elected, but in case two or more shall have an equal lowest number of votes qualified for the position, one of them shall be chosen senator, as the case may be, by majority vote of all the members of the Student Senate. It shall be that the method of voting to be used by the Student Senate is the secret ballot.

Section 40. Term of Office Shall serve the following terms of office:

a) A senator elected by a respective college and who has the most number of votes will serve two (2) consecutive academic years after he/she has taken the oath of office. This also applies to a senator elected in the same college with the second most number of votes.

b) The two remaining senators will only serve one academic year after they have taken their oath of office.

c) A senator shall be eligible for re-election, whether for consecutive academic years or otherwise. He shall assume office after the turning over ceremony. Their term of office shall end at the close of the second semester or as soon as the new set of officers, shall have been duly qualified and proclaimed.

CHAPTER VIII ELECTION OF COLLEGE COUNCIL OFFICERS

Section 41. Regular Elections of College Council Officers The regular election of the college council officers shall be held simultaneously with the election of the President, Vice-President, Executive Treasurer and members of the Student Senate.

Section 42. Special election of College Council officers In case of vacancy, a special election will be called. The special election for the College Council Officers will be simultaneous with the election of the freshmen batch representatives. If the vacancy occurs after the election of the freshmen batch representatives, the governor-elect shall appoint a student to serve the unexpired term. Such appointment shall need the confirmation of the Student Senate.

Section 43. Election of Freshmen Batch Representatives The election of freshmen batch representatives shall be held not later than five (5) weeks after the opening of the school year.

Section 44. Proclamation of the Council Officer-elect Upon the completion of the canvass of votes, the persons obtaining the highest number of votes for such Council position shall be declared elected, but in case two or more shall have an equal highest number of votes, one of them shall be chosen
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council officer, as the case may be, by majority vote of all the members of the Student Senate. It shall be that the method of voting to be used by the Student Senate is the secret ballot.

Section 45. Term of Office The term of office of the elected college council officers shall be one school year and they shall be eligible for two (2) re-elections whether for consecutive school terms or otherwise. Their term shall begin immediately the day after their formal induction. It shall end at the close of the second semester or as soon as the new set of officers have been duly qualified and proclaimed.

CHAPTER IX CAMPAIGN AND ELECTION PROPAGANDA

Section 46. Lawful Election Propaganda Lawful election propaganda shall include:

a) Pamphlet, leaflets, cards, decals, stickers, or other written or printed materials of a size not more than 5x8 inches. b) Handwritten or printed letters urging voters to vote any particular candidate during campaign period. c) Cloth, paper or cardboard posters, whether framed or posted with an area not exceeding 2x3 sq. feet. d) Streamers not exceeding 3x8 sq. feet in size shall be allowed.

e) Shirts, IDs, pins, tags, and the like with the name and/or logo of the political party of the candidate f) Electronic Propaganda via internet (social networking) and text campaign.

g) Public campus display of any advertisements or propaganda for a candidate by means of cinematography, audiovisual units or other screen projections provided that the parties/candidates are given equal airtime upon the approval of the Commission: (1)For Political Parties per College, the advertisement should not exceed 2 minutes. (2)For Political Parties per Executive candidates, the advertisement should not exceed 1 minute. (3)For Independent Candidates, the advertisement should not exceed 30 seconds. h) Broadcasting over the official university radio (AnimoRadio).

i) Publication of any propaganda for any candidate in the official university School Paper (Spectrum). j) In case of independent candidates, the word independent must be clearly indicated and emphasized for published or electronic propaganda. k) All other forms of election propaganda not prohibited by this code, so long as it is authorized by the Commission, after due notice to all interested parties and hearing is conducted.
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Section 47. Unlawful or Prohibited Forms of Election Propaganda It shall be unlawful:

a) To print, publish and post any printed election paraphernalia unless they bear the names of the sponsors. (e.g., paid for and printed by: organization or individual promoter) b) To broadcast over local radio and air in local television, any propaganda for any candidates; or c) To cause publication of any propaganda for a candidate in any local newspaper of general circulation. d) To sell any electoral propaganda, gadgets or accessories of whatever nature.

e) For any non-candidates to wear or use IDs, shirts, ballers, accessories and the like emphasizing the candidates name. f) For student officers, either appointed or elected, to show support and campaign for political parties/candidates in public. g) To leave/post any published campaign material at the USG office except at the cubicle of the Commission on Elections for approval. h) To tamper with electoral campaign materials (e.g., confidential documents, sealed ballots, posters). i) j) To conduct election campaign inside the USG Office. To campaign before and after the scheduled campaign period.

k) To post any published election propaganda without the authorization of the Commission and the Office of Student Affairs. l) m) n) o) To insult and show disrespect to any member of the Commission. To attempt to forge the voter register; impersonate a voter; vote more than once. To remove, destroy, or deface lawful election propaganda during the election period. To tarnish/destroy the good name, image and reputation of any candidate.

Section 48. Location and Area Limits of Lawful Election Propaganda All lawful election propaganda shall be located within the campus boundaries in locations allowable by the commission and school administration. Lawful election propaganda may be located in areas deemed allowable by the Commission outside the campus vicinity.

Section 49. Requirements for Published/Printed circulars, handbills, bumper stickers, sample list of matter for a candidate or group of candidates to any words paid for by followed by the true and correct
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Election Propaganda Any poster, pamphlet, candidates or any published or printed political student office shall bear and be identified by the name of the payer or followed by the phrase the

friends of (candidates name) if paid for by the endorsed candidates associates. This will then be followed by the words printed by followed by the true and correct name of the printer. In case of independent candidates, the word independent shall be clearly and categorically stipulated in any poster, pamphlet, circular, handbill, bumper sticker, or any published or printed political matter for the independent candidate.

Section 50. Campaign Materials not Allowed on Election Day On the day of election, any form of campaign will not be allowed.

Section 51. Campaign Materials, When Removed All published campaign materials should be removed not later than the day before the Election Day.

CHAPTER X ELECTION PROPER

Section 52. Qualifications of voters. All bona fide students of this university are entitled to exercise his or her right of suffrage.

Section 53. Polling Places. There shall be polling places designated by the commission to be located strictly within the university premises only.

Section 54. Election and Campaign Period Unless otherwise fixed in special cases by the Commission on Elections, which hereinafter shall be referred to as the Commission, the election period shall be composed of six (6) school weeks composed of five (5) school days each, with the following specifications:

a)

Week 1 and 2 Filing of the Certificates of Candidacy

b) Week 3 Period of Deliberation of Certificates of Candidacy for the Commission. The deliberation of certificates of candidacy shall take place on the first day of the deliberation period so that in case of any extension of the filing of the certificates of candidacy, it will take place on the remaining three days of the deliberation week. The final deliberation for the position being extended will be on the last day, which is Friday or any day set by the Commission within that week. c) Week 4 Campaign Period.

d) Week 5 Continuation of the Campaign Period with the Friday thereof, being the Election Day. e) Week 6 Period of Protest. After the Period of Protest, no more unfiled protests shall be entertained.
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Section 55. Postponement of Election When for any cause such as violence, loss or destruction of election paraphernalia or records, and other analogous cases such that the holding of a free, orderly and honest election should become void, in any political subdivision the Commission, upon a verified petition by any interested party, and after due notice and hearing, whereby all interested parties are afforded equal opportunity to be heard, shall postpone the election therein to date.

Section 56. Failure of Election If on account of violence, fraud, or other analogous causes, the election in any polling place has not been held on the date filed, or has been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and transmission of election returns or in the custody or canvass thereof, such election results in failure of election.

Section 57. Call for Special Election Special election shall be called by the Commission with the approval of the Student Senate by proclamation of the date to be filed, which shall specify the offices to be voted for in the purpose of filling a vacancy or a newly created elective position.

Section 58. Election Code to be Available in Every Polling Places A printed copy of this code shall be provided and made available by the Commission in every polling place, in order that it will be readily consulted by any person in need thereof.

Section 59. Election Expense Such expenses as maybe necessary and reasonable in connection with the elections, referenda, plebiscites, and other similar exercises shall be paid by the Commission. Funds needed by the Commission to defray the expenses for the holding of regular and special elections, referenda, and plebiscites shall be provided in the regular appropriation of the Commission, which upon request, shall be immediately released to the Commission. In cases of deficiency, the amount so provided shall be augmented from the special activities funds in the General Appropriation Act and from those specifically appropriated for the purpose in special laws.

Section 60. Failure to Assume Office The office of any official elected who fails or refuses to take the responsibility of his office within one (1) month from his proclamation shall be considered vacant unless said failures is for a cause or causes beyond his control.

CHAPTER XI LIST OF VOTERS

Section 61. Permanent List of Voters The list of voters shall include all the bona fide members of the USLS Organization with the qualifications prescribed hereinafter.

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Section 62. Qualifications of a Voter Every student of the University of St. La Salle enrolled in any college course with the exception of non-credited and cross enrolled students, are qualified to vote as provided in this code.

Section 63. List of Voters Obtained The Commission shall secure from the Office of the Registrar the list of all bona fide students of the University of St. La Salle who were qualified to vote provided in this code.

CHAPTER XII POLLING PLACES

Section 64. Polling Places Defined A polling place where the Commission conducts its proceedings and where voters cast their votes.

Section 65. List of Candidates The Commission must provide adequate visual materials containing the exact names of the candidates in alphabetical order together with their respective parties and positions. It must be word-processed and must be visible within the vicinity of the polling area.

Section 66. Inspection of Polling Places Before the day of the election, referendum, or plebiscite, the Chairman of the Commission shall, through his authorized representatives, see to it that all polling places are inspected and such commission and defects as may be found corrected. The Commission shall keep the record of these inspections.

CHAPTER XIII AUTOMATED ELECTION SYSTEM

Section 67. Applicability Automated election system shall have precedence in governing the entire election process.

Section 68. Definition of Terms

a) Automated Election System a system using appropriate technology for voting and electronic devices to count votes and canvass/consolidate results; b) Date storage device a device used to electronically store counting and canvassing results, such as a memory pack or flash drive;
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c) Computer set a set of equipment containing regular components, i.e., monitor, central processing unit or CPU, keyboard and printer

Section 69. Features of the System The System shall utilize appropriate technology for voting, and electronic devices for counting of votes and canvassing of results. For this purpose, the Commission shall acquire automated counting machines, computer equipment, devices and materials and adopt new forms and printing materials.

The System shall contain the following main features: (a) use of appropriate ballots, (b) stand-alone machine which can count votes and an automated system which can consolidate the results immediately, (c) with provisions for audit trails, (d) minimum human intervention, and (e) adequate safeguard/security measures.

In addition, the System shall as far as practicable have the following features:

a) It must be user-friendly and need not require computer-literate operators;

b) The system security must be built-in and multi-layer existent on hardware and software with minimum human intervention using latest technology like encrypted coding system;

c) The counting machine must be able to detect fake or counterfeit votes and must have a fake vote rejector;

d) The counting machine must be able to detect and reject previously counted votes to prevent duplication;

e) The counting machine must have the capability to recognize the voters name, id number, course and year level before counting or consolidating the votes;

f) The system must also have a built-in hard disk/database to store the counted and consolidated data for future printout and verification;

g) It must provide the shortest time needed to complete the counting of votes and canvassing of the results of the election;

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h) The system must be able to generate consolidated reports like the election returns, statement of votes and certificate of canvass.

Section 70. Procurement, Evaluation and Reliability of Equipment and Materials In the procurement of this system, the Commission shall adopt an equitable system of deductions or demerits for deviations or deficiencies in meeting all the features and standards (as stated in Sec. 69).

For this purpose, the Commission shall create an Advisory Council to be composed of at least one expert from the Information Technology Center (ITC), one representative from Information Technology Society (ITS), and one representative from the Computer Science Society (CSS) endorsed by their respective department heads, The Council may avail itself of the expertise and services of resource persons of known competence and probity.

The Commission shall establish an independent Technical Ad Hoc Evaluation Committee, herein known as the Committee, composed of a representative each from the Student Senate, Executive, Judiciary, ITS, CSS, and COMELEC. The Committee shall certify that the System is operating properly and accurately and that the system has a demonstrable capacity to distinguish between genuine and spurious ballots. The Committee shall ensure that the testing procedure shall be unbiased and effective in checking the worthiness of the System. Toward this end, the Committee shall design and implement a reliability test procedure or a system stress test. Section 71. Systems breakdown In the event of a systems breakdown of all assigned machines in the voting center, the Commission shall use any available machine or any component thereof from IT Center or from other departments and offices in the college upon the approval of the Commission or any of its divisions.

The transfer of such machines or any component thereof shall be undertaken in the presence of representatives of political parties and representatives of the Commission who shall be notified by the election officer of such transfer. In the event that no representatives from political parties are present the Commission on Election shall have the right to carry on the election process provided that political parties shall be informed. There is a systems breakdown when the computer fails to operate or fails to store/save results; or when the computer fails to consolidate election results/reports or fails to print election results/reports after consolidation. Section 72. Examination and testing of automated election paraphernalia The Commission shall, on the date and time it shall set and with proper notices, allow the political parties and candidates or their representatives to examine and test the machine to ascertain that the system is operating properly and accurately. Immediately after the examination and testing of the system, the parties and candidates or their representatives, citizens' arms or their representatives, may submit a written report to the election officer who shall immediately transmit it to the Commission for appropriate action.
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Section 73. Procedure in Voting The voter shall proceed to the designated polling places and follow the procedure of the automated election which shall be posted nearby.

Section 74. Voting Hours The casting of votes shall start at 8:30 in the morning, right after the second bell and shall end at 8:30 in the evening, except when there are voters present within 30 meters, in front of the polling places who have not yet cast their votes in which case this voting shall continue but only allow said voters to cast their votes without interruptions.

Section 75. Preliminaries to the Voting The Board of Election Inspectors shall meet at the polling place designated by the Commission an hour before the voting time and shall see to it that all necessary paraphernalia are ready and prepared.

Section 76. Persons Allowed In and Around the Polling Place During the voting, no person shall be allowed inside the polling places, except the members of the Board of Election Inspectors, the representatives of the Commission, the voters casting their votes, the voters waiting for their turn to get inside the booths and the voters waiting for their turn to cast their votes.

Section 77. Order of Voting The voters shall vote in the order of their entrance into the polling place. The voters shall have the right to freely enter the polling place as soon as they arrive unless there are voters waiting inside, in which case they shall fall in line in the order of their arrival and shall not crowd around the table of the Board of Election Inspectors. The voters after having cast their votes shall immediately depart.

Section 78. Prohibition of Premature Announcement of Voting No member of the Board of Election Inspectors shall, before the termination of the voting, make any announcement as to whether a certain registered voter has already voted or not.

Section 79. Provision for Manual Election in case of Failure in Implementing the Automated Election System In case the Commission decides that the Automated Election System cannot be implemented due to any system breakdown, impracticality of properly educating voters in using the said system or any other reasons that will cause for the confusion and inability to implement the Automated Election System, the Election will automatically proceed to the Manual Election System of Voting in governing the entire selection.

CHAPTER XIV MANUAL ELECTION SYSTEM

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Section 80. Applicability The Manual Election System shall only be implemented as provided in Sec. 13, Chapter XIII, of the Revised Omnibus Code A.Y. 2010-2011

Section 81. Additional Details for Polling Places:

a) Ballot Boxes There shall be, in each polling places on the day of voting, a ballot where one side of which shall be transparent and shall be set in a manner visible to the voting public containing two (2) compartments, namely the compartment for valid ballots and the compartment of spoiled ballots. b) In case the destruction of disappearance of any ballot box on Election Day, the Board of Election Inspectors shall immediately report it to the Commission who shall furnish another box on receptacle as equally adequate as possible.

c) Tally Boards At the beginning of the counting, there shall be placed within the plain views of the Board of Elections Inspector, watchers and the public, a tally board where the names of all registered candidates or the issues or question to be voted open shall be written, and the Board of Election Inspectors so designated shall record thereon the votes received by each of them as the Chairman of the Board of Election Inspectors read the ballots.

d) Furnishing of Ballot Boxes, Forms, Stationeries and Materials for Election The Commission shall prepare and furnish the ballot boxes, forms, stationeries and material necessary for the holding of the elections.

Section 82. Official Ballots Ballots for the election shall be of uniform size, color and type and shall be provided by the Commission. Ballots shall be bound in separate parts of fifty as the case may be and numbered consecutively. Each ballot must be marked with the words, Official Ballot, and must contain the official seal of the University of St. La Salle. There shall not be anything on the sides of the ballot.

No ballot other than the official ballot shall be used or counted.

Section 83. Manner of Obtaining Ballots the voters shall approach the Chairman of the Board of Election Inspectors and shall give his name and present his identification card or temporary I.D. as the case may be. The Chairman shall then check the name of the voter with the certified true copy of the voters. If the name corresponds, then the voter shall affix his signature in the space provided and the Chairman after entering the number of ballots in the space provided shall deliver one ballot properly folded to the voter. No person other than the Chairman shall deliver official ballots nor shall more than one (1) ballot be delivered at one time.

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Section 84. Manner of Preparing the Ballot The voter, upon receiving his folded ballot, shall forthwith proceed to one of the empty voting booth and shall therefore fill his ballot by writing in the proper space for each office the name of the individual candidate for whom he desires to vote. No voter shall be allowed to enter a booth occupied by another, nor enter the same accompanied by somebody, nor stay therein for a longer period of time than necessary, nor speak with anyone while inside the polling place. It shall be unlawful to prepare the ballot outside the voting booth or to exhibit its content to other persons, or to erase any printing from the ballot, or to intentionally deface or tear the name or put there on any distinguishing mark. It shall likewise be unlawful to use carbon paper, paraffin paper, or other means for making a copy of the contents of the ballot or make use of any other means to identify the vote of the voter.

Section 85. Spoiled Ballots If a voter should accidentally spoil or deface a ballot in such a way that it cannot lawfully be used, he shall surrender it folded to the Chairman who shall note in the corresponding space in the voting record that the said ballot is spoiled. The voter shall then be entitled to another ballot, which the Chairman shall give him after announcing the serial number in the corresponding spaces in the voting record. If the second ballot is again spoiled or defaced in such a way that it cannot be lawfully used, the same shall be surrendered to the Chairman and recorded in the same manner as the first spoiled or defaced ballot. However, no voter shall change his ballot more than twice. The spoiled shall, without being unfolded and without removing the detachable coupon, be distinctively marked with the word spoiled and signed by the Board of Election Inspectors on the endorsement fold thereof and immediately placed in the compartment for spoiled ballots.

Section 86. Procedure of Voting after the voter has filed his ballot, he shall fold it in the same manner as when he resolved it and return it to the Chairman. The voter shall affix his thumb mark in the space provided in the coupon in the ballot and deliver the folded ballot to the Chairman. The Chairman shall verify the number of the ballot and, after that, allow the voter to imprint his thumb mark in the space provided beside his signature. The Chairman, after finding everything in order, shall detach the coupon in the separate box provided. The voter shall then depart. Any ballot returned to the Chairman whose detachable coupon has been removed not in the presence of the Board of Election Inspectors and of the voter or any ballot, whose number does not coincide with the number of the ballot delivered to the voter, as entered in the voting record, shall be considered as spoiled and shall be so marked and signed by the members of the Board of Election Inspectors.

Section 87. Disposition of Unused Ballots at the Close of the Voting Hours The Chairman of the Board of Election Inspectors shall prepare a list showing the number of unused ballots together with the serial numbers. This list shall be signed by all of the members of the Board of Election Inspectors.

CHAPTER XV COUNTING THE VOTES

Section 88. Manner of Counting Votes:

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a) Automated Election System all votes cast in the polling area shall be directed to the server in the presence of a representative from the Office of the Student Affairs and Information Technology Center which will then automatically count the total number of votes for each candidate. The final results shall then be printed and verified.

b) Manual Election System The counting of votes shall be made in the following manner: The Chairman of Board of Election Inspectors shall read the ballots, which have already been read. The poll clerk shall then record the reading in the tally sheet. The Chairman shall sign at the back of the ballot immediately after it is counted. After all the ballots have been read, the votes shall be summed up and all counted ballots be placed back into the ballot box.

Section 89. Proclamation of Result of the Election in the Polling Place The Chairman of the Commission shall orally and publicly announce the total number of votes received in the election in the polling place by each one of the candidates, stating their corresponding office.

CHAPTER XVI ELECTION CONTESTS

Section 90. Jurisdiction of the Commission The Commission shall exercise jurisdiction over all contests relating to the election, election returns, and qualifications of all student officers.

Section 91. Procedure in Filing of Complaints any complaints against candidates/parties should be personally addressed to the commission in a formal letter indicating the following: Violation/offense, time and date, name of the accused candidate/party, and evidences to support the complaint. Any complaints filed after the Protest period will no longer be entertained.

Section 92. Decision of the Commission The Commission shall prioritize and decide on all election cases brought before them after the accused person/s have been informed and given the opportunity to speak for themselves.

CHAPTER XVII - PENALTIES

Section 93. Offenses. A warning letter will be sent by the commission to any person/party found guilty of any election offense under this code. (2) Warnings will result to:

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a) For non-candidates The Commission shall have the authority to confiscate his/her ID and forward it to the Discipline Office for disciplinary sanctions. b) For candidates disqualification from continuing as candidate or if has been elected, from assuming position c) For student officers termination from office.

Section 94. Political Party Offenses A political party shall be responsible for the actions of its members. Any violation committed by a member shall be counted against the party itself. An accumulated number of three (3) violations shall result to one (1) warning letter. If one (1) more violation is committed by a party member, it shall result to the partys revocation of accreditation and banned from participating in the next coming election.

CHAPTER XVIII OTHER PROVISIONS

Section 95. Simple Majority Votes The Simple Majority Votes shall be constituted from the total votes cast on the election, plebiscite, or referendum. It shall be based on the total number of votes cast. In the case of unopposed candidates, the simple majority shall be based on the population of the total number of votes cast on the day of the election, plebiscite, or referendum. If unopposed candidates cannot reach the simple majority votes, he still can assume office if no electoral complaint is filed.

Section 96. Tie Breaker In case of a tie in the Secret Ballot, drawing of lots by the Presiding Officer shall be applied to break the tie and whose name is drawn shall assume the vacant position.

CHAPTER XIX TRANSITORY PROVISIONS

Section 97. Pending Actions Pending actions and causes for action rising before the effectivity of this revised code shall be governed by the laws then in force.

Section 98. Inevitable Circumstances If for any reason any section or provision of this code, or any portion thereof, cannot be implemented exactly as written in this code due to unavoidable circumstances, the Commission can take immediate action and implement necessary changes to adjust to the situation and ensure the success of the election.

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CHAPTER XX FINAL PROVISION

Section 99. Amendments Any amendment or revision of this code shall be proposed by:

a) b) c)

A resolution authored by the Chairman of the Commission on Elections; 2/3 vote of all the members of the Student Senate; or a petition of at least 30% of total number of members of the USLS organization

Any amendment or revision of this code made within the election period shall not take effect on the immediately upcoming elections. Such changes will take effect on the succeeding elections.

Section 100. Repealing Clause Any resolutions or provisions in bills that are inconsistent with the provisions under this Bill is hereby repealed.

Section 101. Separability Clause If for any reason any section or provision of this code, or any portion thereof, or the application of such sections, provisions or portion to any person, group or circumstances is declared invalid or unconstitutional, the remainder of this code not affected thereby shall remain in force and effect.

Section 102. Effectivity Clause This code shall take effect upon approval.

UNANIMOUSLY ADOPTED and PROMULGATED on this 21st day of June, 2011 by the Student Senate of the University of Saint La Salle.

Prepared by: MS. CAMILLE F. FLORES Senate Secretary

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Certified Correct:

HON. CHRISTIAN WILLIAM SEORON Senate President

Endorsed by:

HON. JARRE V. GROMEA COMELEC Chairman

Approved by:

HON. EMMANUEL G. IBAEZ USG President

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