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

2011-2012

Resolution No. 12 A RESOLUTION DISALLOWING THE IMPLEMENTATION OF THE ONLINE VOTING SYSTEM FOR THE 2011-2012 SPECIAL ELECTIONS OF THE UNIVERSITY OF ST. LA SALLE STUDENT GOVERNMENT

Author:

Sen. Paul John Polanco Valencia

Vice Chairman, Rules and Procedures

WHEREAS, USLS SO Constitution of 2003, Article III Section 3 states that Every student shall have the right to privacy of communication and confidentiality of records; WHEREAS, USLS SO Constitution of 2003, Article III Section 8 states that Every student shall have the right to due process; WHEREAS, USLS SO Constitution of 2003, Article VI Section 2 states that A system of securing the secrecy and sanctity of the ballot shall be provided for by the Commission on Election; WHEREAS, USLS SO Constitution of 2003, Article XIII Section 3 states that Commission on Election shall exercise the following powers and functions: a) Enforce and administer all laws and regulations relative to the conduct of election, plebiscite, or referendum; b) Exercise jurisdiction over all contests relating to election returns, and qualifications of all government officers; c) Decide all questions affecting elections, including determination of the number and location of polling places, and appointment of election officers; WHEREAS, the online voting system goes beyond the students rights for it has not gone through due process and was hasten decided by the senate body to allow this mode of election; WHEREAS, USLS Omnibus Election Code of 2011, Chapter X Section 54 states that election period shall be composed of six (6) school weeks composed of five (5) school days; WHEREAS, USLS Omnibus Election Code of 2011, Chapter XIII Section 72 states that The Commission shall, on the date and time it shall set at least two to three weeks before the election date and with proper notices, allow the USG Executive officers and members of the Student Senate who are not running for election to examine and test the computers to ascertain that the system is operating properly and accurately; WHEREAS, the date of the USLS Special Election Period has started June 13 to July 6, 2011 and the proper elections will be on July 7, 2011 (seven days after passing the resolution allowing the online voting system);

WHEREAS, the motion passing the said resolution was unconsitutional and thus, implying implying its nullity; WHEREAS, USLS Omnibus Election Code of 2011, Chapter XIII Section 73 states that The voter shall proceed to the designated polling area and follow the procedure of the automated election which will be posted nearby. After the voter has voted, he/she shall affix his/her thumb mark on the corresponding space in the voting record. The chairman shall then apply indelible ink on the voters right forefinger; WHEREAS, USLS Omnibus Election Code of 2011, Chapter XIII Section 75 states that 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; WHEREAS, USLS Omnibus Election Code of 2011, Chapter XIII Section 76 states that 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. WHEREAS, USLS Omnibus Election Code of 2011, Chapter XIII Section 77 states that 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; WHEREAS, based on the constitutionality of the said mode of election, polling places were modified which implies that we can not call common houses, establishments and other places which have internet connection polling places; WHEREAS, the program for the online voting system was not yet fully for this upcoming Special Election; WHEREAS, on this regard to this mode of election, it would give an opening to promote dishonesty; WHEREAS, accessiblity might result a good turn out of votes for this special election as it was understood why the Commission is pushing for this mode of election but there are many options that it can alter one solution which can affect the sanctity of the election process;

WHEREAS, the process of election is vital and this should not be done through hasted steps which can affect the sanctity of it and thus, should be processed through thorough and critical thoughts; WHEREAS, the Student Government should protect the rights of the students and disallowing this mode of election purposes a better system to achieve its goals; WHEREAS, progress is relative. It all depends not on the materials or any inovations that it has but on the discipline and ethics that it uses through critical evaluation and integrity; NOW IN VIEW OF THE FOREGOING; BE IT RESOLVED, AS IT IS HEREBY RESOLVED the Commission on Election shall stay with the Offline Automated Election voting system for the upcoming Special Election; RESOLVED FURTHER, that the Commission, with the aid of other offices, will advertise and disseminate information about the offline automated election to inform the voters of the new and improved electoral process; RESOLVED FINALLY, that the Senate Secretary will be responsible to distribute copies of this resolution to the following offices: Office of the Brother President, Vice President for Academic Affairs, Vice President for Administration, Dean of Student Affairs, College Deans, Student Activities Coordinator, Executive Department, Judiciary Department, University Student Government Constitutional Commissions, The Spectrum, and College Councils. This Resolution shall take effect immediately after its approval. UNANIMOUSLY ADOPTED and PROMULGATED on this 5th of July, 2011 by the Student Senate of the University of Saint La Salle.

Prepared by: MS. MARY ROSE ONCE Senate Secretary

Certified Correct: HON. CHRISTIAN WILLIAM SEORON Senate President