INDEX
SECTION 1) Purpose and Authority
SECTION 2) Amendments
SECTION 3) Election Committee Powers and Duties
SECTION 4) Poll Workers and Election Staff
SECTION 5) Candidates and Coalitions
SECTION 6) General Elections-Withdrawals
SECTION 7) Campaign Conduct and Responsibility – General Policies
SECTION 8) Campaign Conduct and Responsibility – Publicity
SECTION 9) Campaign Finances
SECTION 10) Election Procedures
SECTION 11) Special Elections
SECTION 12) Ballots
SECTION 13) Policies and Procedures Regarding Elections Code Violations
Section 1 Purpose and Authority
1.01 Pursuant to the requirements Article IV of the Constitution of the Associated Students of Diablo Valley College, there shall be an Elections Committee established to handle all elections of the Associated Students.
1.02 The purpose of this Code shall be to define and outline the procedures governing the Associated Students elections and the committee on Elections which will assure the broadest possible participation of students in the actual election process of this organization and to insure fair elections.
1.03 The Elections Code shall be administered by the Vice President of Executive Affairs. It will be the duty of the Elections Committee to enforce that Elections Code. The Vice President of Executive Affairs shall carry out procedures as set forth in the Constitution.
1.04 Decisions of the Elections Committee shall constitute the final authority of the Associated Students.
Section 2 Amendments
2.01 Amendments should be proposed through the Constitution Committee.
2.02 The Elections Code may be amended by a two-thirds (2/3) majority of the Board of Petitioners.
Section 3 Elections Committee Powers and Duties
3.01 The Elections Committee shall consist of the Vice President of Executive Affairs who will serve as the Chair; three members appointed by the Associated Students President and two members appointed by the Vice President of Legislative Affairs. The Dean of Student Life, or designee, shall serve as an advisor to the Committee.
3.02 No member of the Elections Committee shall be a candidate in the election.
3.03 The Elections Committee shall maintain an impartial attitude towards the election and the election issues.
3.04 The Committee shall not campaign in any election nor publicly support any candidate or cause in any election they are administering.
3.05 The Committee shall coordinate and direct all A.S. elections and shall encourage voter participation through legal and acceptable means.
3.06 The Committee shall hold a campaigning procedures meeting for all candidates and have a written campaign procedures information sheet that is distributed to all candidates, organizations and individuals.
3.07 The Committee shall oversee coordination of the Voter’s Guide.
3.08 The Committee shall supervise placement of all required advertisements in the Inquirer publicizing all available positions as well as times, dates, and, if applicable, voting instructions for on-line voting.
3.09 The Committee shall coordinate the candidates’ forum(s) at times and places in such a manner to allow for maximum student participation.
3.10 The Committee shall supervise an orderly voting process and a prompt and accurate tallying of results.
3.11 The Committee shall hear all complaints involving campaigns and elections and as necessary make a ruling.
Section 4 Poll Workers and Election Staff
4.01 The Student Union Coordinator shall be responsible for hiring and training elections staff.
4.02 The election staff shall not campaign in any election.
4.03 The Chair may request removal of any election staff whose actions may improperly affect the outcome of the
election.
Section 5 Candidates and Coalitions
5.01 Candidates must be a member of Board of Petitioners and meet all requirements as outlined in the Constitution.
5.02 Nominations will open no later than 5 weeks prior to elections and final nominations shall take place no later than 4 weeks prior to elections.
5.03 Candidates must be present to accept a nomination for office. All nominations must have a first motion; no
second motion is required.
5.04 Prior to campaigning, candidates must sign a statement indicating the candidates understanding of the
Constitution, the Elections Code and other election materials of the Associated Students of Diablo Valley
College.
5.05 No Board of Petitioners member may run for more than one office.
5.06 There shall be a candidate’s orientation meeting called by the Vice President of Executive Affairs within two (2)
school days following the close of the nominations.
5.07 All candidates shall be required to be present at the scheduled election orientation meeting of the Elections Committee. The meeting shall consist of an explanation of the Elections Code with a question and answer period.
Excused absence will be granted for only very compelling reasons. With an advance request, the Vice President
of Executive Affairs may allow a personal representative who may represent only that candidate at the
orientation meeting. Failure to attend, or send an approved representative, will result in the immediate
disqualification.
5.08 Coalitions must be recognized as temporary political organizations at the time of the candidates meeting. A standard form will be available at the candidates meeting. Coalitions must have a minimum of three candidates
in the election. Any groups of three or more candidates campaigning as a group are to be considered a coalition
and must register.
Section 6 General Elections – Withdrawals
6.01 All qualified candidates who choose not to participate in the General Election should notify the Vice President of
Executive Affairs in writing.
Section 7 Campaign Conduct and Responsibility –General Policies
7.01 Campaigning shall not begin until the day after the mandatory candidates meeting has been held.
7.02 Campaigning shall be defined as posting or distribution of campaign material. Campaign material is defined as
anything distributed or posted that seeks to influence the vote of any student.
7.03 Campaign materials may be removed only by the candidate, his/her designated representative, or the Elections
Committee. Campaigners may not destroy or remove other campaign materials. Complaints of violations of
destroying or removing campaign materials will be referred to the Elections Committee.
7.04 Candidates are responsible for the actions of their campaign committee, whether authorized or not. For the
purpose of the election, campaign committee shall be defined as persons actively campaigning for the
candidate, whether authorized directly or indirectly by the candidate.
7.05 No support may be solicited for candidates or special issues from faculty, staff, administration, or non-student
employees of the College. This does not prohibit asking permission to speak in front of class.
7.06 College staff shall not coerce, manipulate, or attempt to influence students in the voting process. This also
includes referendums, initiatives, recalls, and amendments to the Constitution.
7.07 Associated Students funded programs may not expend A.S. funds to endorse a candidate (including coalitions)
or engage in an activity that is beneficial or detrimental to any candidate. Use of Associated Students funds
for these purposes is prohibited.
7.08 Associated Students funds shall not be used to endorse candidates during the elections.
7.09 Associated Students funded organizations are prohibited from endorsing candidates, coalitions or recalls during
the elections (this does not include College recognized Clubs).
Section 8 Campaign Conduct and Responsibility –Publicity
8.01 The Committee will advise candidates on current rules upon receipt of candidate materials at the mandatory
candidates meeting.
8.02 The College posting policy must be followed when posting campaign materials.
8.03 Candidate’s campaign materials shall not be placed in a way that they block any portion of signs placed by the
Associated Students Election Committee advertising the elections. A list of approved posting locations will be
made available at the mandatory candidates meeting.
8.04 All campaign materials, etc. must be removed within forty-eight (48) hours after the close of the elections.
8.05 A candidate may use all official DVC media in his/her campaign. Media shall be defined as a publication or
broadcast that does not exist for the sole support of a candidate’s campaign.
8.06 Publicity in violation of any DVC regulations will be removed by the Elections Committee.
Section 9 Campaign Finances
9.01 Each candidate will file with the Vice President of Executive Affairs a statement of Finance related to their
election efforts.
9.02 The maximum campaign expenditures per candidate shall be limited to $150.
9.03 In case of a run-off election, candidates shall be allowed to spend ˝ (one half) the maximum amount of
money designated. There will be no carry over regarding the limitations on expenditures.
9.04 Campaign expenses shall be defined as the retail value of all materials and/or services purchased by the
candidate himself/herself. No funds or materials contributed by outside persons shall be excluded from this
total.
9.05 All candidates (including coalitions) must turn in a statement to the Vice President of Executive Affairs listing
all expenses and donations. Donated material will be reported at fair market value for the items or services.
9.06 Expense reports will be due by 5:00 PM on the Friday following the last day of election. Failure to file a
statement will result is the Vice President of Executive Affairs having the option to take action as prescribed
in Section 15 of this Code.
Section 10 Election Procedures
10.01 As per Article IV of the Associated Student Constitution, Officers shall be elected on a plurality basis. In the
event of a tie vote, a run-off election shall be held for the two candidates with the tie.
10.02 An election to select Executive Officers shall be held annually on dates selected by this Committee or in the
event this committee cannot, the Executive Council will prior to the end of the fall semester.
10.03 The voting period shall be Saturday, Monday and Tuesday for each general election and Wednesday and
Thursday for each run-off election.
10.04 Dates for the general elections shall be decided by the Elections Committee prior to the end of the fall
semester. It is recommended that the general election be held no later than four (4) weeks prior to the end of
the spring semester. Run-off elections shall be held within five (5) school days after the general election.
10.05 General and run-off elections voting shall take place at the DVC campus in Pleasant Hill and at San Ramon
Valley Center.
10.06 All currently enrolled students of the Association are eligible to vote in all student body elections.
10.07 Each member of the Association shall vote for no more than one candidate for each office.
10.08 Newly elected Association Officers shall assume office on June 1 of the new academic calendar.
Section 11 Special Elections
11.01 A special election shall be conducted in the same manner as a regular election as outlined in this Elections
Code.
11.02 Special Elections will only be held as needed. They will be held during regular elections whenever possible.
11.03 Special Elections may be called buy a 2/3 vote of the Associated Students Board for referendum, or by
obtaining 5% of currently enrolled students signatures.
11.04 Eligibility requirements shall not change.
11.05 The Vice President of Executive Affairs will make available copies of the voter pamphlet and ballot and
information regarding the dates, times and voting instructions for voting to students.
Section 12 Ballots
12.01 A sample ballot should be printed in the campus newspaper and posted on all public bulletin boards on campus
no later than the issue immediately preceding the general election.
12.02 Names on the ballot will be listed alphabetically by legal name, separated by office.
Section 13 Policies and Procedures Regarding Elections Code Violations
13.01 The Chair of the Elections Committee shall be empowered to call special meetings of the Elections Committee
to review alleged election code violations.
13.02 All complaints of violations of the Elections Code must be presented, in writing, to the Elections Committee
Chair. The complaint must be signed and have contact information. Anonymous complaints will not be
considered.
13.03 Complaints must be submitted the Election Committee by 11:59 pm (via e-mail after 7:00 pm) the last day of
voting, unless the complaint involves events subsequent to this date and time.
13.04 The Elections Chair may make an effort to resolve any and all complaints or disputes informally.
13.05 Failing informal solution, the Election Committee must make a ruling upon a complaint within two (2) days of
the submission of the complaint.
13.06 Complaints must be proven at a special meeting of the Elections Committee, with the burden of proof being on
the complainant.
13.07 A quorum of the Elections Committee shall be a simple majority of the filled voting seats.
13.08 A simple majority vote of Elections Committee members present shall be required for a complaint of a violation
to be upheld.
13.09 If a candidate has been proven to have violated any provision of this election code, the Elections Committee
will determine the penalty. Violations could result in, but not limited to, any or all of the following actions:
formal written warning; formal public letter of reprimand; limitation of ability to campaign; disqualification of
candidacy; declaring the election null and void. Disqualification is a last resort; other disciplinary action should
be considered first.
13.10 A simple majority vote of the Elections Committee members present shall be required for approval of the
recommended penalty to be upheld except as noted below.
13.11 A two-thirds (2/3) vote of Elections Committee members present may disqualify a candidate or invalidate all or
any portion of an election within its jurisdiction when a hearing by the Elections Committee has shown that
sufficient evidence exists that violations of the Election Code may have significantly affected the outcome of
the election.
13.12 Decisions of the Elections Committee shall constitute the final authority of the Associated Students.