Complaint Filing Form
All disputes and/or arbitration that may arise over these By-Laws shall be handled by the Elections Commission. The Elections Commission reviews complaints of an Elections By-Law and/or Elections Guideline violation and decides on an appropriate sanction, if necessary. All disputes that may arise over these By-Laws shall be handled by the Elections Commission. If the Elections Commission wishes to do so, the ASUCM Court may be involved as well. A student may file a case to the Court against the Elections commission and/or the Head commissioner's actions or decisions.
Examples of Violations:
Filing Complaint:
Any member of ASUCM, all undergraduates of UC Merced, can file a complaint to the Commission or the ASUCM Court
After Filing Complaint to the Commission:
The Head Elections Commissioner shall notify a campaign/candidate within 24 hours of the filing of a complaint against them and shall explain the process of review.
Review Of The Complaint By The Commission:
The Elections Commission must make all official decisions public within three business days.
Examples of Violations:
- Affixing campaign material to a surface that would likely result in permanent or serious damage to a surface.
- Intentionally casting more than one ballot or attempting to cast more than one ballot; or intentionally cast in or attempting to cast a ballot as any other person.
- Interfering or attempting to interfere with the voting of a student.
- Members of the Elections Commission knowingly giving advice about a candidate, or ballot question, or which candidate to select or not select, or which ballot question to select or not select.
- Campaigning or the presence of campaign material within fifteen (15) feet of a polling station.
- The alteration, defacement, destruction, movement, or obscuring of campaign material without the written permission of the creator of the material.
- Intentionally falsifying or reporting complaints about a campaign or candidates actions that are known to be untrue or incorrect.
- The giving and receiving of favors, or attempting to give or receive favors, for the promise or acceptance of a vote or special treatment by the Elections Commission or a member of the Elections Commission.
- Using or attempting to use ASUCM materials, monies, or offices in violation of Elections By-Laws.
- Intentionally Exceeding specified spending limits in the course of a campaign.
- Candidates cannot give any voting student a device in which to vote with. This includes, but is not limited to, cell phones, smart phones, laptops, etc.
- Candidates, campaigners, slates, and all associated peoples are prohibited from creating polling stations. Only the Elections Commission can create a polling station.
- Candidates, campaigners, and all associated peoples are prohibited from campaigning on or above the second floor of the library.
Filing Complaint:
Any member of ASUCM, all undergraduates of UC Merced, can file a complaint to the Commission or the ASUCM Court
- Complaints can be filed against candidates, campaigns, parties, ballot measures, and petitions for ballot measures, members of the Elections Commission, ASUCM Officials, and the ballot if it is discriminatory or in violation of University, UCOP, or ASUCM policy.
- A General Complaint shall be filed through a UC Merced email address with the Elections Commission and must include the following information:
- The name of the alleged violator(s).
- A detailed description of the alleged violation.
- The contact information and UC Merced Student ID number of the individual
submitting the complaint.
- A complaint against any Elections Commissioner or the Elections Commission shall be filed through a formally written email with a UC Merced email address to the ASUCM Court and must include the same information required for General Complaints.
- Anonymous complaints without contact info and student ID will not be recognized.
- Individuals with complaints filed against them shall have forty-eight (48) hours after they are notified of a complaint filed against them, to file a response.
- The final deadline for filing a complaint with the Elections Commission or the ASUCM Court is twenty-four (24) hours after polls have been closed (by 10:00 PM on the Thursday after elections).
- However, a student wishing to challenge the validity of an online ballot vote may do so by filing a complaint with the Elections Commission within twenty-four (24) hours after the elections results and standings have been certified.
After Filing Complaint to the Commission:
The Head Elections Commissioner shall notify a campaign/candidate within 24 hours of the filing of a complaint against them and shall explain the process of review.
- The Elections Commission shall schedule reviews within 7 days of the complaint being filed, have discretion on how to best review the materials.
- The Elections Commission will address all complaints with investigations and follow- ups.
Review Of The Complaint By The Commission:
The Elections Commission must make all official decisions public within three business days.
- After all issues have been reviewed, the Elections Commission may deliberate and return with a written decision and statement within twenty-four (24) hours of the review.
- If necessary, the Elections Commission has the authority to take penal action such as a written warning, fine for damaged property, sanctions, suspension, disqualification of campaign, and termination of candidacy. Penalties may be given separately or concurrently.
- The Elections Commission's rulings shall stand unless overruled by the ASUCM Court.
- The Elections Commission cannot officially disqualify a candidate or campaign unless the candidate fails to appeal the disqualification or the ASUCM Court upholds the disqualification.
- The Elections Commission shall post the status of each complaint, case, and appeal that they have heard on the ASUCM website within one (1) week of being filed.
- The ASUCM Court shall post the status of each complaint, case, and appeal that they have heard on the ASUCM website within one (1) week of being filed
Endorsement Filing Form
All endorsements made, implied, or stated by a student organization must be confirmed through a formally written email with a UC Merced email address by a member of the organization, stating their position within the organization and their endorsement to the Elections Commission.
Any individual member of ASUCM, except members of the Elections Commission and Court, may campaign for or against any candidate or ballot question with endorsement notifications.
Any individual member of ASUCM, except members of the Elections Commission and Court, may campaign for or against any candidate or ballot question with endorsement notifications.
Create/Join Slate Filing Form
- In order to form a slate, all slates must notify the Head Elections Commissioner through a formally written email with a UC Merced email address that they have decided to run together. The slate must provide a primary representative and a slate name not exceeding forty (40) characters.
- For a candidate to join a slate, they must notify the Head Elections Commissioner through a formally written email with a UC Merced email address within twenty-four (24) hours after Elections Packets are due.
Withdrawal of Candidacy/Slate Filing Form
The filing deadline to submit a Petition for Withdrawal of Candidacy or to withdrawal from a slate is the Friday before elections by 10:00 AM.
Ballot question campaigns and candidates for elected office who wish to withdraw from the ballot shall complete and submit a “Withdrawal of Candidacy” form to the Head Elections Commissioner.
Candidates may withdraw from a slate by informing the Elections Commission through a formally written email with a UC Merced email address. Please see Article V Sections 2 and 3 for a specific timeline on when a candidate may withdraw from a slate.
Ballot question campaigns and candidates for elected office who wish to withdraw from the ballot shall complete and submit a “Withdrawal of Candidacy” form to the Head Elections Commissioner.
Candidates may withdraw from a slate by informing the Elections Commission through a formally written email with a UC Merced email address. Please see Article V Sections 2 and 3 for a specific timeline on when a candidate may withdraw from a slate.