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ELECTION CODE STUDENT COUNCIL DE LA SALLE UNIVERSITY ARTICLE I TITLE Section 1.

This shall be known as the Election Code for De La Salle University Student Council. Section 2. This code shall apply to all elections, and to the extent appropriate, to all plebiscites and referenda within the Student Council. ARTICLE II NAME The name of the Electoral Board shall be Commission on Elections, and/or otherwise known as COMELEC. ARTICLE III DEFINITION OF TERMS Section 1. Candidate 1.1 Independent Candidate - Any qualified person aspiring or seeking for an elective position in the De La Salle University Student Council, who files a certificate of candidacy by himself/herself, without the affiliation of any political party. 1.2 Political party Candidate - Any qualified person aspiring or seeking for an elective position in the De La Salle University Student Council, who files a certificate of candidacy through a political party.

Section 2. Political party A De La Salle University recognized student organization chiefly concerned with the recruitment, nomination, and election of individuals in the Student Council elections. Section 3. Political Party Members Members who are included in the official and documented list of members submitted by the political party to the COMELEC. Section 4. Campaign Any act made directly to solicit votes, pledges or support for or against a candidate or political party. Including (but not limited to) the following methods: 4.1 4.2 4.3 verbal campaigning SMS campaigning Usage of paraphernalia

Section 5. Campaign period A specified time period wherein a candidate and/or political party may directly solicit votes, pledges or support for or against a candidate or political party. Section 6. Election period A period beginning on the first day of the filing of candidacy to the declaration of a successful election by the COMELEC Board. Section 7. Successful Election- A state wherein all election cases have been resolved by the COMELEC Board and all ballots have been tallied. Section 8. Electioneering Any verbal act made directly to solicit votes, pledges or support for or against a candidate or political party not within the specified campaign period. Section 9. Loitering Staying within the restricted area without any official business. Section 10. Boycott or boycott of elections Any public campaign involving any candidate or political party in the nullification of the Student Council elections. Section 11. Violation An infringement of any provision in the Election Code.

Section 12. Suspension An effect of violating provisions under this Code, thus temporarily depriving the candidate of participation during campaign Section 13. Voter abstention An act by which a voter votes but does not select any candidate from the choices. Section 14. Party abstention An act by which a political party opts not to field any candidate at any level of a particular college or in the entire university. Section 15. Validity A voter turnout of at least 50% plus 1 per batch, per college and the entire university shall be reached. Section 16. Plurality If there are two (2) or more candidates running for the same position, the candidate with the most number of votes is declared the winner. Section 17. Majority If there is only one (1) candidate running for a certain position, he/she should get at least 50% plus 1 of all votes cast. Section 18. Quorum 2/3 of the total number of COMELEC Commissioners; in an event of a fraction, the number shall be rounded up. Section 19. COMELEC Board A body composed of all COMELEC Commissioners. Section 20. COMELEC Commissioner A person duly screened and approved by the Legislative Assembly. Section 21. COMELEC Member/Volunteer A person duly appointed by the COMELEC Board. Section 22. Voter Any bonafide undergraduate student of De La Salle University. Section 23. Election Board A body composed of the Dean of Student Affairs, the Student Council President, and the COMELEC Chair. Section 24. Voter Harassment Any situation wherein a candidate or party disenfranchises a person (deprives his/her right to vote), ultimately contributing to fraud in the election process. Simply put, it is when a candidate or party obstructs a voters right to suffrage amd/or freedom to choose. This may be done through intimidation, verbal abuse, physical or mental abuse, etc. ARTICLE IV MEMBERSHIP Section 1. The De La Salle University Student Council Constitution under Article XVII, entitled COMELEC, Sections 1 to 3 states that: 1.1 1.2 1.3 The COMELEC Board shall be composed of two (2) representatives from each college of the university. The Legislative Assembly will handle the screening and approval of prospective COMELEC Commissioners. The members of the COMELEC Board shall elect among themselves a Chairperson, a Vice Chairperson, a Secretary, and an Assistant Secretary.

Section 2. The COMELEC Board, to be facilitated by the COMELEC Chair, shall elect amont themselves a Vice Chair, Secretary, Assistant Secretary, Treasurer and an Assistant Treasurer. In case the Chair is not available, the line of succession will follow. Section 3. Qualifications of a COMELEC Commissioner 3.1 3.2 3.3 3.4 He/She is not currently under any academic probation. He/She shall not have been a member of any political party as certified by the political party presidents for the duration of his/her stay as a student in the University. He/She shall not hold any other Executive Board Position(s) in any recognized student organization in the University. He/She shall have at least 3 Academic terms left in the University upon application.

3.5 He/She should have served as a COMELEC Commissioner or Volunteer for at least one term. 3.6 He/She should be able to work during the hours deemed necessary by the COMELEC Board. Section 4. Removal of a COMELEC Commissioner 4.1 If a COMELEC Commissioner, duly recommended by the CAP and approved by the Legislative Assembly. under the provision Section 1 of this Article, does not participate for the first three (3) COMELEC meetings after his/her approval, two-thirds of the COMELEC board can terminate the COMELEC Commissioner and

advise the respective College Assembly President (CAP) to recommend a new one following the provision in Section 3 of this Article to be approved by the Legislative Assembly. 4.2 4.3 4.4 4.5 All COMELEC Commissioners are allowed to accumulate three (3) absences in meetings per term. Exceeding the allotted number of absences can merit the removal of the Commissioner. If any member of the COMELEC Board no longer meets the qualifications of a COMELEC Commissioner as stated in Section 3 of this article, he or she shall be a candidate for removal. Any violation of this Code by any COMELEC Commissioner is a ground for his/her removal. The procedure for removal of a COMELEC Commissioner is as follows: 4.5.1 Any COMELEC Commissioner may file a complaint for the removal of another COMELEC Commissioner through a written notice to be submitted to the Convenor. 4.5.1.1 4.5.1.2 4.5.1.3 4.5.2 4.5.3 4.5.4 If the Vice-Chair is the accused, the COMELEC Chair shall function as the Convenor. If the Chairperson is the accused, the Student Council President shall function as the Convenor. For all other COMELEC Commissioners, the Vice-Chair shall function as the Convenor.

The Convenor organizes a meeting of the COMELEC Board to discuss the file complaint. The procedures for the meeting shall be decided by the COMELEC Board. A vote is called at the end of the discussion. A two-thirds vote of all the remaining members of the COMELEC Board is needed for the removal to be considered valid. If a removal is considered valid, a letter shall be forwarded to the College Assembly President stating the reasons that merited the removal. If the removal was not made during the election period, the College Assembly President shall endorse a new COMELEC Commissioner following the provision in Section 3 of this Article to be approved by the Legislative Assembly.

4.6 4.7 4.8

A public announcement of the termination of any COMELEC Commissioner who is subjected to the provisions in Section 4.1 and 4.2 shall be done if necessary. In case a COMELEC Commissioner is removed during the election period, no replacement shall be allowed until the term of office of the COMELEC Commissioner ends. During the election period, if the number of COMELEC Commissioners is not enough to reach the original quorum, then an Ad-Hoc Committee shall be formed, to assume the duties and responsibilities of the COMELEC Board. The Ad-Hoc Committee shall be composed of the following, with the discretion of the incumbent Student Council President: 4.8.1 4.8.2 4.8.3 Remaining COMELEC Commissioners Former COMELEC Commissioners who are still bonafide undergraduate students of De La Salle University and still meet the qualifications of a COMELEC Commissioner. COMELEC Volunteers as selected by the remaining recommended COMELEC Commissioners.

4.9

The tenure of the Ad-Hoc committee will be for the duration of the upcoming election only, except for the COMELEC Commissioner approved by the Legislative Assembly.

Section 5. Resignation of a COMELEC Commissioner 5.1 5.2 A COMELEC Commissioner who wishes to resign from the COMELEC shall submit a letter stating the reasons for his/her resignation to the COMELEC Chair and the Legislative Assembly noted by the CAP. This shall be deliberated by the Legislative Assembly. In case a COMELEC Commissioner resigns during election period, no replacement shall be allowed until the term of office the COMELEC Commissioner ends.

Section 6. COMELEC Member/Volunteer 6.1 COMELEC Members shall have the same qualifications as those of COMELEC Commissioners. 6.2 Any Commissioner may recommend COMELEC Member(s) to the COMELEC Board. The COMELEC Board shall deem the number of COMELEC Members. The approval of a COMELEC Member shall be subject to a majority vote of the Chair, Vice-Chair and Secretary. 6.3 A COMELEC Member may be removed upon majority vote of the Chair, Vice-Chair and Secretary. Section 7. Appointment of COMELEC Commissioners

7.1 7.2

7.3 7.4 7.5

The Legislative Assembly shall appoint two (2) COMELEC Commissioners from among those individuals who have either applied for the position or have been recommended for the position, provided that these individuals satisfactorily undergoes the screening process and interviews as prescribed in the rules of procedure. Provided that the candidate for the position of commissioner has satisfactorily met the minimum qualifications as stated above, the Legislative Assembly shall then convene to approve or disapprove the appointment. An inquiry may be initiated if, in the face of the Legislative Assemblys scrutiny, the data on the candidate is deemed insufficient. A duly appointed COMELEC commissioner shall serve one (1) term and this term may be extended only if his/her performance has been evaluated by the COMELEC Chair, then the COMELEC Chair shall immediately report his/her findings to the Legislative Assembly for approval. This term extension shall not, however, automatically carry over any additional positions the COMELEC commissioner may have obtained during his/her previous term in office, e.g. as the chair or as the secretary. COMELEC Commissioners shall be appointed twice in one school year: 7.5.1 During the 1st term before the Freshman Elections, and 7.5.2 During the 2nd term before the General Elections.

Section 8. Tenure of a COMELEC Commissioner: A COMELEC Commissioner shall hold office for two election periods, and his/her term shall be based upon the time of his/her appointment. 8.1 The tenure of commissioners appointed during the 1 st term before the Freshman Elections will automatically end at the start of the 1st term of the next school year. 8.2 The tenure of commissioners appointed during the 2nd term before the General Elections will automatically end at the start of the 2nd term of the next school year.

ARTICLE V POWERS, DUTIES AND RESPONSIBLITIES Section 1. The COMELEC shall discuss and decide on all matters within the scope of the Election Code and all issues that may arise pertaining to the elections. Section 2. The powers, duties and responsibilities of the COMELEC Commissioners are 2.1 2.2 2.3 2.4 To uphold the Election Code To serve as the steering committee for the Student Council Elections To penalize or disqualify candidates and/or political parties who violate the Election Code To recommend modifications in the Elections Code to be submitted to the Legislative Assembly through and by initiative of a Legislative Assembly Representative(s) through a resolution. 2.5 To give notice of offense(s) defined by the Election Code to candidates and/or political parties concerned within twenty-four (24) hours after the confirmation of the violation by the COMELEC Board 2.6 To warn the candidates and/or political parties of any Election Code violations 2.7 To man polling booths during election days 2.8 To provide guidelines for the implementation of this Code during the COMELEC Seminar 2.9 To inform all students concerned of the scheduled activity of all COMELEC-related activities at least three weeks prior to the first scheduled activity 2.10 To encourage students to vote 2.11 To educate voters on the voting process to be used in the elections 2.12 To certify qualifications of candidates 2.13 To ensure that all candidates and/or political parties abide by the Election Code 2.14 To facilitate the COMELEC Seminar 2.15 To approve or disapprove campaign materials following the provisions of Article 8, Section 2 of this Code 2.16 To guarantee that no campaign material is present before and after the campaign period 2.17 To issue receipts to all documents submitted and ensure their confidentiality and security 2.18 To open and seal ballot boxes 2.19 To provide generic posters 2.20 To exercise emergency powers to be defined as the power to initially request the Discipline Office to reprimand violating party, and may ask the Discipline Office to escort the violating party outside the venue, depending on the gravity of the situation. Violating parties sent outside may not return until the whole process has been completed. This is to prevent any disruption during the manual and automated counting of ballots. Section 3. The duties and responsibilities of the COMELEC Chair 3.1 To set and to preside over all meetings 3.2 To recommend the termination of his/her members 3.3 To sign all letters released by the COMELEC 3.4 To make sure all COMELEC members perform their duties and responsibilities

3.5 To sign for the approval of all the application forms of the candidates and/or political parties 3.6 To sign the final list of candidates 3.7 To maintain peace and order during hearings and meetings 3.8 To sign all letters of decision made by the COMELEC Board 3.9 To sign the official results of the elections 3.10 To keep the ballot box keys 3.11 To cause or break a tie during COMELEC Board meetings for decision-making 3.12 To ensure that a Memorandum of Agreement (MOA) is accomplished regarding all agreements with external entities (i.e. political parties). Section 4. The duties and responsibilities of the COMELEC Vice-Chair 4.1 To assume the duties and responsibilities of the Chair in his or her absence 4.2 To make sure that all COMELEC members perform their duties and responsibilities 4.3 To make sure that all COMELEC-sponsored activities are well-planned and organized 4.4 To make sure that an area agreed upon by the COMELEC board, political parties, and independent candidates will be marked. 4.5 To provide a certified letter from the college deans that independent candidates and/or political parties are allowed to conduct room-to-room (RTR) campaigns 4.6 To make sure that polling booths open and close at the specified time Section 5. The duties and responsibilities of the COMELEC Secretary and Assistant Secretary 5.1 To reserve venue(s) for all COMELEC-sponsored activities 5.2 To reserve booths and bulletin boards for independent candidates and/or political parties 5.3 To document all forms submitted 5.4 To take down minutes in all meetings and hearings 5.5 To make sure that generic posters are put up 5.6 To provide the COMELEC Forms 5.7 To update the COMELEC bulletin board 5.8 To provide letter to the offices that shall verify the C-02 form (See Art. VII, Sec. 1.2) 5.9 To record the time of submission of application forms 5.10 To secure all submitted documents 5.11 To prepare ballots for the elections 5.12 To provide voters list for each college polling booth 5.13 To provide schedule of polling booth manning 5.14 To document all cases for future references. 5.15 To provide the L.A. Floor Leader with a list of COMELEC Volunteers a week before campaign period. 5.16 To provide the L.A. Floor Leader with end reports a week after the counting of votes. Section 6. The duties and responsibilities of the Treasurer and Assistant Treasurer 6.1 To monitor the inflow and outflow of cash and to make sure that the COMELEC maximizes the amount of funds allocated for its operations 6.2 To coordinate with the Student Council Treasurer 6.3 To submit the necessary documents (e.g. financial reports, check requisition slips) to the Student Council Treasurer 6.4 To regularly update the COMELEC of its financial status Section 7. The duties and responsibilities of the COMELEC Members 7.1 To act as the representatives of the COMELEC Board in the validation of ballots during elections 7.2 To assist the COMELEC Board in all COMELEC-related activities as deemed necessary by the COMELEC Board

ARTICLE VI QUALIFICATIONS OF CANDIDATES Section 1. Qualifications of candidates 1.1 The candidates for President, Vice-President for Academics, Vice-President for Activities, Vice-President for Operations, Executive Secretary and Treasurer should have completed at least five (5) full terms in the university upon filing of candidacy. The candidates for College Assembly President should have completed at least three (3) full terms in the college that they are running for and five (5) full terms in the university upon filing of candidacy.

1.2

1.3 1.4 1.5

The candidates for Batch Representatives and Legislative Assembly Representatives should have completed at least two (2) full terms in the college they are running for except for freshmen running in the freshmen elections. All candidates should have a CGPA of at least 1.75 upon filing of candidacy except for freshmen running in the freshmen elections. All candidates shall not be an Executive Board member or its equivalent in any DLSU duly recognized student organization upon filing of candidacy.

Section 2. Students applying for candidacy shall not have been placed under any academic probation for the past three (3) terms prior to filing of candidacy. Section 3. Students who have committed any major offense may file for candidacy upon the approval of the Director of the Discipline Office. Section 4. If a candidate commits a major offense during election period, he/she shall be disqualified. If in case the candidate committed Habitual Disregard or Willful Violation as a major offense, he/she shall be allowed to continue his/her candidacy, upon the approval of the Director of the Discipline office. Section 5. Students applying for candidacy should be enrolled in the term of filing of candidacy in the University. Section 6. All candidates shall have at least three full terms remaining. Section 7. A Student Council Officer who has been removed from office through the impeachment process shall not be allowed to run for any position during his/her entire stay in the university. ARTICLE VII APPLICATION AND APPROVAL OF CANDIDATES Section 1. The candidates shall submit to the COMELEC the following forms fully accomplished during the time specified: 1.1 1.2 1.3 1.4 1.5 1.6 C-01 Form: Certification of Candidacy and Duties and Responsibilities C-02 Form: Certification of Verification with an attached photocopy of validated ID and Enrollment Assessment Form (EAF) or Official Receipt C-03 Form: Memorandum of Agreement with political party (if applicable) C-04 Form: Certification of Leave of Absence (LOA) (if applicable) Candidates answers to Their Takes both in hard and soft copies 2 pieces of 2x2 pictures of the candidate

Section 2. Three (3) school days shall be allotted for the Filing of Candidacy, as referred to in the University Calendar. Section 3. Candidates shall submit their application forms on or before 6PM of the last day of the Filing of Candidacy Week at the COMELEC Office Space. 3.1 Candidates of political parties shall submit their application forms in short brown envelopes, which have been sealed by their political party president or duly appointed officers by the political party president. Independent candidates shall submit their application forms in short brown envelopes personally sealed by the candidates themselves. 3.2 At the upper left hand corner of the front of the brown envelope, the following information shall be written: a. Name of candidate b. ID number c. Contact number d. Position running for e. Checklist of the documents accomplished C-01, C-02, C-03, C-04, excuse letter from, Candidates answers to Their Take and 2 pieces of 2x2 pictures COMELEC Seminar (if any) 3.3 At the upper right hand corner of the front of the brown envelope, the COMELEC Commissioner shall sign to receive upon verification of documents contained. Section 4. If a C-04 Form is submitted, a list of contact person(s) according to importance (two copies) shall be submitted on a separate sheet of paper along with: a. Political party name (if applicable) b. Name of political party president (if applicable) c. ID number of political party president (if applicable) d. Contact number

e. Documents contained C-04 and Letter of Abstentions (if applicable) Section 5 All candidates for the Freshmen Elections and General Elections are required to attend the following activities sponsored by the COMELEC: 5.1 COMELEC Seminar 5.2 Debate (If organized) 5.3 Open Forum (If organized) Section 6. The list of students to be excused from Reserve Officers Training Corps (ROTC), National Service Training Program (NSTP), or first day of ORIENT2 for the COMELEC Seminar shall be submitted on or before 5 p.m. of the last day of the Filing of Candidacy Week at the COMELEC Office Space. The typewritten list shall contain the following information: a. Political party name b. Name of candidate, position running for, ID number, and signature of candidate. c. Noted by the political party president d. Approved by the COMELEC Chair Section 7. Excused absences from the COMELEC Seminar 7.1 7.2 7.3 A candidate who wishes to be excused from the COMELEC Seminar shall submit a letter stating the reason for absence on or before the first school day after the COMELEC Seminar. A candidate who wishes to be excused from the COMELEC Seminar for being tardy shall submit a letter stating the reason for tardiness on or before the first school day after the COMELEC Seminar. The following reasons shall be deemed excusable by the COMELEC board 7.3.1 Health A doctors certification or legal guardians certification must be attached to the excuse letter to be given to the COMELEC board. 7.3.2 Academics A teachers certification must be presented. 7.3.3 Other reasons will be deliberated by the COMELEC board before being deemed excusable. Section 8. Unexcused absence from the COMELEC Seminar shall merit a suspension from campaigning for the first three days of the campaign week. Per hour unexcused tardiness shall result in a day suspension of the candidate during the campaign week. 8.1 8.2 8.3 Fraction of the first hour is suspension, first day of the campaign week Fraction of the second hour is suspension, first and second day of the campaign week Fraction of the third hour shall be considered absent from the COMELEC Seminar

Section 9. COMELEC shall announce the official list of candidates before the end of the COMELEC Seminar. Section 10. Any incumbent officer from any DLSU duly recognized student organization shall accomplish the C-04 Form: Certification of Leave of Absence (LOA) for the duration of the election period upon filing of candidacy. ARTICLE VIII CAMPAIGN Section 1. Seven (7) school days for General Elections and seven (7) school days for Freshmen Elections shall be allotted for the campaign period. The COMELEC shall finalize campaign schedules on or before the COMELEC seminar. Section 2. Campaign materials allowed are as follows: 2.1 2.2 2.3 2.4 2.5 2.6 One (1) streamer per designated area (max 3ft x 18 ft, min 11in x 8in) At most ten (10) flags for each political party or independent candidate At most ten (10) cartolina-sized (22.5in x 28.5in) posters or its equivalent Platform (maximum area: one-phased, unfolded, regardless if there is print at the back, regular sized-cartolina) Banderitas (max 11in x 9in) Allowed novelty items are, but not limited to, as follows: 2.6.1 2.6.2 Caps and visors Items that uses pins for attachment (e.g. buttons, name plates, etc.)

2.6.3 2.6.4 2.6.5

Shirts Small flags (max 4.5in x 6.5in) Stickers

Section 3. The COMELEC Board may allow other items not mentioned upon assessment. Section 4. Campaign materials shall be assessed and approved by the COMELEC Board after the COMELEC Seminar and the rest of the campaign week. Section 5. Campaign materials (except novelty items) are allowed to be up by 7AM first day of campaign period and down by 7PM last day of campaign period. Section 6. At most two bulletin boards per designated area upon availability for each political party shall be used for campaign materials. All independent candidates will equally share at most two bulletin boards for their campaign materials per designated area upon availability. 6.1 Designated areas for bulletin boards are: Velasco Lobby, Gokongwei Lobby, Chess Plaza, both sides of Miguel second floor, North, South, and Velasco Gates. 6.2 Reservations for the bulletin boards and booths shall be made by the COMELEC Secretary. 6.3 A straw draw shall determine the location of the bulletin boards and booths of the political parties and independent candidates. Section 7. Activities that must be sponsored by the COMELEC 7.1 COMELEC Seminar, prior to campaign period 7.2 Miting de Avance, University Break, campaign period at the Amphitheater (for general elections only) 7.3 Open Forum, Friday, campaign period (for general elections only) Section 8. The COMELEC shall provide permits for room-to-room campaigning for all candidates from the college deans. ARTICLE IX ELECTIONS Section 1. The DLSU Student Council Constitution under Article XV, entitled Elections and Vacancies stated that: 1.1 The officers of the executive board shall be elected by a plurality of all votes cast. 1.2 A college assembly president shall be elected by a plurality of all votes cast for the particular college. 1.3 Two (2) Legislative Assembly Representatives shall be elected with the two highest of all votes cast per year level per college. 1.4 Two (2) Batch Assembly Representatives shall be elected. The one who garners the highest number of votes shall be the President and the one who garners the second highest number of votes shall be the Executive VicePresident per year level per college. 1.5 All upperclassmen officers in the Student Council shall be elected annually before the end of the school year preceding their terms of office. 1.6 Any vacancy due to disqualification shall be filed in by special election only if prior to the Freshmen Elections. 1.7 In cases where there is only one (1) candidate running for a position, the candidate shall be elected by a majority of 50% plus 1 of all votes cast. Section 2. In case of a tie, 2.1 The COMELEC shall hold a recount. If the tie is confirmed, the following conditions and election procedures will be followed: 2.1.1 If there are less than 10 students who havent voted by the end of the election period, re-casting of votes will commence for the tied position. 2.1.2 Otherwise, the election for the tied position will extend for one (1) day. 2.2 3.1 3.2 The procedures in Section 2.1 shall be done again until a winner is declared. Manual voting system Automated Voting System Section 3. The COMELEC shall decide on which voting system to adopt during the election:

ARTICLE X ELECTION DAYS

Section 1. Three (3) days shall be allotted for the election. A maximum of 2 days extension may be decided by the COMELEC if the election is not yet valid. Section 2. The COMELEC, political parties and the independent candidates through a consensus will agree upon location of the polling booths. Section 3. COMELEC member and/or one (1) representative each from all political parties and independent candidates (if applicable) shall supervise the booth. Section 4. Election starts 9AM until 6PM except in the last day of the General Elections where it would be extended until 8PM. In cases where it does not start on time, an appropriate extension shall be given. Section 5. The candidates, and political party members are restricted from loitering only within the area agreed upon of the polling booth. Section 6. At the end of each poll date, the ballot boxes shall be sealed by the COMELEC Commissioner to be witnessed by the representative(s) of each political party at the polling booth. The sealed boxes shall be brought to the Discipline Office by the COMELEC Commissioner accompanied by the representative(s) of each political party. Section 7. Voters list shall be kept in the Discipline Office with the ballot boxes. Section 8. The tabulation of votes will commence within 24 hours following the close of the last election day, unless circumstances render it impossible. In which case, the COMELEC upon consultation with the parties involved shall decide when to start the tabulation. Duration of tabulation shall not exceed three (3) consecutive days. Section 9. All sample ballots shall be approved by the political parties and independent candidates. Section 10. Procedure for voting

10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8

Voter gives ID or EAF, to be given along with a valid I.D., to poll volunteer for verification. A valid I.D. is any identification card with a picture and name matching the EAF. Poll volunteer lists the ballot number at the left side of the name of the voter in the voters list. COMELEC member or a representative from each political party validates the ballot by signing at the left hand corner of the ballot. Poll volunteer gives the ballot to the voter. Voter accomplishes the ballot. Voter drops folded ballot in the ballot box. Voter signs beside his/her name in the voters list. Voter claims ID from poll volunteer.

Section 11. Voters turnout shall be released by the Chair at 1300 and at closing time only for each of the election days. If the Chair is not able to make the release, line of succession shall be followed.

ARTICLE XI PROTEST Section 1. Any form of protest shall be filed within 24 hours after the said offense was committed and shall be signed by the person(s) filing the complaint and two (2) witnesses. The complainant can be one of the witnesses. The ID Numbers of those involved shall be requested by the COMELEC. Section 2. Complainant/ witness shall write a formal letter of protest and submit a hard copy of the said letter to any COMELEC Commissioner during office hours, 9:00am to 6:00pm. Section 3. The COMELEC Board shall decide if the complaint is valid for election hearing. Section 4. The COMELEC Board shall have the power to ask the complainant, defendant, and witnesses to report before the Board at a specified time determined by the COMELEC Commissioners. If in case the defendant does not show up without prior notice, then the case shall be taken against him/her (for candidates) or his/her party (for recognized members of a political party). If the complainant and/or two (2) witnesses fail to appear, the case shall be dismissed. Section 5. The COMELEC Board shall convene within 24 hours upon receiving the complaint. Section 6. Political parties or candidates may file a motion for reconsideration of the case to the COMELEC Board or Ad-Hoc Committee (if applicable) within three days after the decision was made. If not, the decision made shall be final and binding

Section 7. A political party or candidate who is not satisfied with the decision of the COMELEC Board or Ad-Hoc Committee may appeal the case to the Election Board within three (3) days after the decision was made. Complaints brought to the Election Board shall follow the same Election Hearing procedures as that of the COMELEC Board. 7.1 If the SC President has filed a Leave of Absence (LOA), then the line of succession shall be followed. If all Executive Board officers have filed a LOA, the remaining EXECOM members shall vote among themselves a representative on behalf of the SC for the Election Board. If the Dean of Student Affairs is on leave, the Director of Student Activities shall be the representative of the administration. If the COMELEC Chair is the complainant, then the line of succession is followed. If officers of the COMELEC are the complainants, the COMELEC Board shall elect among them a representative for the Election Board. The decision of the Election Board is final and binding.

7.2 7.3 7.4

Section 8. If a COMELEC volunteer is the complainant, the case is filed to the COMELEC Board. Section 1 to 6 shall immediately apply. Section 9. If a COMELEC commissioner is the complainant, the case is filed to the Election Board. Section 7.1 to 7.4 shall immediately apply. Section 10. In cases of protests against any COMELEC Commissioner(s) or to the COMELEC itself, the complainant shall file the complaint to the Legislative Assembly through a Legislative Assembly Representative. ARTICLE XII ELECTION HEARING Section 1. The venue for all COMELEC hearings shall be reserved by the COMELEC Secretary. Section 2. The following shall be present in an Election Hearing: 2.1 2.2 2.3 2.4 COMELEC Board in quorum Complainant and at least two (2) witnesses (complainant may be a witness) Defendant At most two representatives each from political parties and/or independent candidates concerned

Section 3. Complaint letter shall be read by the COMELEC Chair. Section 4. The complainant shall present his/her side and witnesses to the defendant and to the COMELEC Board. The COMELEC Board may question the witnesses. Section 5. The defendant shall present his/her side and may present his/her witness(es) after which, the complainant, followed by the COMELEC Board may question the defendant and the witness(es), if any. Section 6. The complainant shall be given a chance for his/her last statement. Section 7. The defendant shall be given a chance for his/her last statement. Section 8. The COMELEC Board may raise some points for clarification. Section 9. The complainant, witnesses, defendant, and a representative(s) from each political party concerned and/or independent candidate shall be asked to step out of the room. Section 10. The COMELEC Board shall discuss and vote for a decision. Section 11. The complainant, witnesses, defendant, and at most two (2) representatives from each political party and/or independent candidate concerned shall be asked to step into the room to hear the decision made by the COMELEC Board. ARTICLE XIII COUNTING OF BALLOTS FOR MANUAL ELECTIONS Section 1. Counting of ballots for manual elections shall start after the polling booths are closed on the last day of elections. Section 2. At least one (1) and a maximum of three (3) representatives, from each political party and two (2) COMELEC Commissioners shall be present in opening the ballot boxes.

Section 3. If counting is not finished, ballot boxes shall be sealed by a COMELEC Commissioner(s) to be witnessed by a representative(s) of each political party and/or independent candidates and shall be kept in the Discipline Office. Section 4. A ballot may only be rejected if there is: 4.1 4.2 No ID number, or No validation signature from a representative of each political party or COMELEC member

Section 5. The votes for positions marked incorrectly shall be deemed invalid. However, votes for the remaining positions marked correctly shall be considered. Section 6. The procedure is as follows: 6.1 6.2 6.3 6.4 6.5 6.6 The COMELEC member together with a representative from each political party and independent candidates or their representatives should validate the ballot first before it could be read. COMELEC Member reads the ballot. Representatives from each political party and the independent candidates or their representatives confirm the ballot. COMELEC Member marks the ballot to indicate tabulation of ballot. Political party representatives and the independent candidates or their representatives tally the number of votes for the other party(ies) candidate on the board. Political party representatives, the independent candidates or their representatives and COMELEC Member tally the number of votes for all candidates on the tally sheet. ARTICLE XIV COUNTING OF BALLOTS FOR AUTOMATED ELECTIONS Section 1. When the last vote is cast at the last day of voting, the ballot boxes shall be sealed by the COMELEC commissioner and will be witnessed by a representative (for each political party) and the independent candidates or their representatives at the polling booth. The sealed boxes will be brought to the Disciplines Office by the COMELEC commissioner accompanied by the representative (of each political party) and the independent candidates or their representatives. Section 2. Right after the booth is closed, the commissioner shall tally the voter turnout of the whole election. Section 3. The following day, the COMELEC commissioner together with the representative of each political party and the independent candidates or their representatives shall get the ballot boxes from the Disciplines Office and then proceed to the sorting of the valid and invalid ballots. Section 4. The COMELEC Commissioners together with the representatives of each political party and the independent candidates or their representatives shall proceed to the Information Technology Center (ITC) for the scanning of the valid ballots. 4.1 At least one (1) COMELEC Commissioner and one (1) representative from each political party and the independent candidates or their representatives will be allowed to watch the scanning of the ballots.

Section 5. The COMELEC board will immediately release the election result after the scanning process and election cases have been resolved. ARTICLE XV OFFENSES Section 1. The following shall be considered as minor offenses for the political party: 1.1 Use of unapproved campaign materials 1.2 Use of more than ten (10) cartolina-sized posters or its equivalent 1.3 Use of more than one (1) streamer in designated areas 1.4 Unauthorized removal of campaign materials 1.5 Voter Harassment 1.6 Loitering of candidates and/or political party members after three (3) warnings during election days, only within the restricted area. Section 2. The political party will incur one minor offense for every major offense committed by each of their candidates. Section 3. The following shall be considered as major offenses for a political party:

3.1 3.2 3.3 3.4 4.1 4.2 4.3 4.4 4.5 5.1 5.2

Electioneering Accumulation of three (3) minor offenses for a political party. Failure to appear without prior notice before the COMELEC Board when summoned during protest investigations Campaign for boycott or boycott of elections Loitering of candidates after three (3) warnings during election days, only within the restricted area. Electioneering Failure to appear without prior notice before the COMELEC Board when summoned during protest investigations Campaign for boycott or boycott of elections Voter Harassment A candidate found guilty of a major offense shall be given a day of suspension from campaigning. The day of suspension shall be the campaign day immediately following the day of deliberation by the COMELEC Board. A candidate found guilty of two major offenses shall be given two days of suspension from campaigning. The days of suspension shall be the campaign days immediately following the day of deliberation by the COMELEC Board. A candidate found guilty of willful disregard of their suspension shall incur an additional one major offense. In effect, the party shall incur one minor offense. A political party found guilty of a major offense shall be given a day of suspension from campaigning. The day of suspension shall be the campaign day immediately following the day of deliberation by the COMELEC Board A political party found guilty of two major offenses shall be given two days of suspension from campaigning. The days of suspension shall be the campaign days immediately following the day of deliberation by the COMELEC Board. Candidates who accumulate three (3) major offenses shall be disqualified from the elections. Political parties which accumulate three (3) major offenses shall be disqualified from the elections.

Section 4. The following shall be considered as one major offense for a candidate:

Section 5. Penalties

5.3 5.4 5.5

5.6 5.7

5.7 A political party found guilty of willful disregard of their suspension shall incur an additional one major offense. Section 6. The COMELEC Board may sanction a political party or candidate for other acts not mentioned in Sections 1 to 4 of this Article upon due process provided that the offense committed is bound by the universitys jurisdiction. Section 7. All election-related Student Handbook offenses shall be handled solely by the Discipline Office. ARTICLE XVI GENERAL PROVISIONS Section 1. Decision of the COMELEC BOARD 1.1 The COMELEC Board shall decide based on (but not limited to) the following documents in hierarchical order according to its scope, from the highest to the lowest: 1.1.1 DLSU-Student Handbook 1.1.2 DLSU-Student Council Constitution 1.1.3 DLSU-Student Council Officers Code of Conduct 1.1.4 Election Code 1.2 For a decision to be valid, a majority vote of the quorum must be reached. Section 2. Official time of the COMELEC shall be the Student Council official time. Section 3. All transactions, except the issuance of warning receipts, shall be held in the COMELEC Office Space which shall be assigned by the Student Council Executive Secretary throughout the election period. ARTICLE XVII

AMENDMENTS Amendments to this code can only be done every after 2 full school years upon its approval and requires 2/3 votes of the entire Legislative Assembly to be opened for discussion and be opened for amendments. It will then require 2/3 votes of the entire Legislative Assembly for it to be locked again for another two years. ARTICLE XVIII EFFECTIVITY CLAUSE This Code shall be immediately effective for all elections, plebiscites, or referenda within the Student Council after the approval of the Legislative Assembly.

By Ethics Committee S.Y. 2007 - 2008

1 comment

Official Election Code 2008-2010


ELECTION CODE STUDENT COUNCIL DE LA SALLE UNIVERSITY ARTICLE I TITLE

Feb 23, '08 8:20 AM for everyone

Section 1. This shall be known as the Election Code for De La Salle University Student Council. Section 2. This code shall apply to all elections, and to the extent appropriate, to all plebiscites and referenda within the Student Council. ARTICLE II NAME The name of the Electoral Board shall be Commission on Elections, and/or otherwise known as COMELEC. ARTICLE III DEFINITION OF TERMS Section 1. Candidate 1.1 Independent Candidate - Any qualified person aspiring or seeking for an elective position in the De La Salle University Student Council, who files a certificate of candidacy by himself/herself, without the affiliation of any political party. 1.2 Political party Candidate - Any qualified person aspiring or seeking for an elective position in the De La Salle University Student Council, who files a certificate of candidacy through a political party.

Section 2. Political party A De La Salle University recognized student organization chiefly concerned with the recruitment, nomination, and election of individuals in the Student Council elections. Section 3. Political Party Members Members who are included in the official and documented list of members submitted by the political party to the COMELEC. Section 4. Campaign Any act made directly to solicit votes, pledges or support for or against a candidate or political party. Including (but not limited to) the following methods: 4.1 4.2 4.3 verbal campaigning SMS campaigning Usage of paraphernalia

Section 5. Campaign period A specified time period wherein a candidate and/or political party may directly solicit votes, pledges or support for or against a candidate or political party. Section 6. Election period A period beginning on the first day of the filing of candidacy to the declaration of a successful election by the COMELEC Board. Section 7. Successful Election- A state wherein all election cases have been resolved by the COMELEC Board and all ballots have been tallied. Section 8. Electioneering Any verbal act made directly to solicit votes, pledges or support for or against a candidate or political party not within the specified campaign period. Section 9. Loitering Staying within the restricted area without any official business. Section 10. Boycott or boycott of elections Any public campaign involving any candidate or political party in the nullification of the Student Council elections. Section 11. Violation An infringement of any provision in the Election Code. Section 12. Suspension An effect of violating provisions under this Code, thus temporarily depriving the candidate of participation during campaign Section 13. Voter abstention An act by which a voter votes but does not select any candidate from the choices. Section 14. Party abstention An act by which a political party opts not to field any candidate at any level of a particular college or in the entire university. Section 15. Validity A voter turnout of at least 50% plus 1 per batch, per college and the entire university shall be reached. Section 16. Plurality If there are two (2) or more candidates running for the same position, the candidate with the most number of votes is declared the winner. Section 17. Majority If there is only one (1) candidate running for a certain position, he/she should get at least 50% plus 1 of all votes cast. Section 18. Quorum 2/3 of the total number of COMELEC Commissioners; in an event of a fraction, the number shall be rounded up. Section 19. COMELEC Board A body composed of all COMELEC Commissioners. Section 20. COMELEC Commissioner A person duly screened and approved by the Legislative Assembly. Section 21. COMELEC Member/Volunteer A person duly appointed by the COMELEC Board. Section 22. Voter Any bonafide undergraduate student of De La Salle University. Section 23. Election Board A body composed of the Dean of Student Affairs, the Student Council President, and the COMELEC Chair. Section 24. Voter Harassment Any situation wherein a candidate or party disenfranchises a person (deprives his/her right to vote), ultimately contributing to fraud in the election process. Simply put, it is when a candidate or party obstructs a voters right to suffrage amd/or freedom to choose. This may be done through intimidation, verbal abuse, physical or mental abuse, etc. ARTICLE IV MEMBERSHIP Section 1. The De La Salle University Student Council Constitution under Article XVII, entitled COMELEC, Sections 1 to 3 states that: 1.1 The COMELEC Board shall be composed of two (2) representatives from each college of the university.

1.2 1.3

The Legislative Assembly will handle the screening and approval of prospective COMELEC Commissioners. The members of the COMELEC Board shall elect among themselves a Chairperson, a Vice Chairperson, a Secretary, and an Assistant Secretary.

Section 2. The COMELEC Board, to be facilitated by the COMELEC Chair, shall appoint a Treasurer and an Assistant Treasurer among them. In case the Chair is not available, the line of succession will follow. Section 3. Qualifications of a COMELEC Commissioner 3.1 3.2 3.3 3.4 3.5 3.6 He/She is not currently under any academic probation. He/She shall not have been a member of any political party as certified by the political party presidents for the duration of his/her stay as a student in the University. He/She shall not hold any other Executive Board Position(s) in any recognized student organization in the University. He/She shall have at least 3 Academic terms left in the University upon application. He/She should have served as a COMELEC Commissioner or Volunteer for at least one term. He/She should be able to work during the hours deemed necessary by the COMELEC Board.

Section 4. Removal of a COMELEC Commissioner 4.1 If a COMELEC Commissioner, duly recommended by the CAP and approved by the Legislative Assembly. under the provision Section 1 of this Article, does not participate for the first three (3) COMELEC meetings after his/her approval, two-thirds of the COMELEC board can terminate the COMELEC Commissioner and advise the respective College Assembly President (CAP) to recommend a new one following the provision in Section 3 of this Article to be approved by the Legislative Assembly. All COMELEC Commissioners are allowed to accumulate three (3) absences in meetings per term. Exceeding the allotted number of absences can merit the removal of the Commissioner. If any member of the COMELEC Board no longer meets the qualifications of a COMELEC Commissioner as stated in Section 3 of this article, he or she shall be a candidate for removal. Any violation of this Code by any COMELEC Commissioner is a ground for his/her removal. The procedure for removal of a COMELEC Commissioner is as follows: 4.5.1 Any COMELEC Commissioner may file a complaint for the removal of another COMELEC Commissioner through a written notice to be submitted to the Convenor. 4.5.1.1 4.5.1.2 4.5.1.3 4.5.2 4.5.3 4.5.4 If the Vice-Chair is the accused, the COMELEC Chair shall function as the Convenor. If the Chairperson is the accused, the Student Council President shall function as the Convenor. For all other COMELEC Commissioners, the Vice-Chair shall function as the Convenor.

4.2 4.3 4.4 4.5

The Convenor organizes a meeting of the COMELEC Board to discuss the file complaint. The procedures for the meeting shall be decided by the COMELEC Board. A vote is called at the end of the discussion. A two-thirds vote of all the remaining members of the COMELEC Board is needed for the removal to be considered valid. If a removal is considered valid, a letter shall be forwarded to the College Assembly President stating the reasons that merited the removal. If the removal was not made during the election period, the College Assembly President shall endorse a new COMELEC Commissioner following the provision in Section 3 of this Article to be approved by the Legislative Assembly.

4.6 4.7 4.8

A public announcement of the termination of any COMELEC Commissioner who is subjected to the provisions in Section 4.1 and 4.2 shall be done if necessary. In case a COMELEC Commissioner is removed during the election period, no replacement shall be allowed until the term of office of the COMELEC Commissioner ends. During the election period, if the number of COMELEC Commissioners is not enough to reach the original quorum, then an Ad-Hoc Committee shall be formed, with the discretion of the incumbent Student Council President, to assume the duties and responsibilities of the COMELEC Board. The Ad-Hoc Committee shall be composed of the following: 4.8.1 Remaining COMELEC Commissioners

4.8.2 4.8.3 4.9

Former COMELEC Commissioners who are still bonafide undergraduate students of De La Salle University and still meet the qualifications of a COMELEC Commissioner. COMELEC Volunteers as selected by the remaining recommended COMELEC Commissioners.

The tenure of the Ad-Hoc committee will be for the duration of the upcoming election only, except for the COMELEC Commissioner approved by the Legislative Assembly.

Section 5. Resignation of a COMELEC Commissioner 5.1 5.2 A COMELEC Commissioner who wishes to resign from the COMELEC shall submit a letter stating the reasons for his/her resignation to the COMELEC Chair and the Legislative Assembly noted by the CAP. This shall be deliberated by the Legislative Assembly. In case a COMELEC Commissioner resigns during election period, no replacement shall be allowed until the term of office the COMELEC Commissioner ends.

Section 6. COMELEC Member/Volunteer 6.1 COMELEC Members shall have the same qualifications as those of COMELEC Commissioners. 6.2 Any Commissioner may recommend COMELEC Member(s) to the COMELEC Board. The COMELEC Board shall deem the number of COMELEC Members. The approval of a COMELEC Member shall be subject to a majority vote of the Chair, Vice-Chair and Secretary. 6.3 A COMELEC Member may be removed upon majority vote of the Chair, Vice-Chair and Secretary. Section 7. Appointment of COMELEC Commissioners 7.1 The Legislative Assembly shall appoint two (2) COMELEC Commissioners from among those individuals who have either applied for the position or have been recommended for the position, provided that these individuals satisfactorily undergoes the screening process and interviews as prescribed in the rules of procedure. 7.2 Provided that the candidate for the position of commissioner has satisfactorily met the minimum qualifications as stated above, the Legislative Assembly shall then convene to approve or disapprove the appointment. An inquiry may be initiated if, in the face of the Legislative Assemblys scrutiny, the data on the candidate is deemed insufficient. 7.3 A duly appointed COMELEC commissioner shall serve one (1) term and this term may be extended only if his/her performance has been evaluated by the COMELEC Chair, then the COMELEC Chair shall immediately report his/her findings to the Legislative Assembly for approval. 7.4 This term extension shall not, however, automatically carry over any additional positions the COMELEC commissioner may have obtained during his/her previous term in office, e.g. as the chair or as the secretary. 7.5 COMELEC Commissioners shall be appointed twice in one school year: 7.5.1 During the 1st term before the Freshman Elections, and 7.5.2 During the 2nd term before the General Elections. Section 8. Tenure of a COMELEC Commissioner: A COMELEC Commissioner shall hold office for two election periods, and his/her term shall be based upon the time of his/her appointment. 8.1 The tenure of commissioners appointed during the 1 st term before the Freshman Elections will automatically end at the start of the 1st term of the next school year. 8.2 The tenure of commissioners appointed during the 2nd term before the General Elections will automatically end at the start of the 2nd term of the next school year.

ARTICLE V POWERS, DUTIES AND RESPONSIBLITIES Section 1. The COMELEC shall discuss and decide on all matters within the scope of the Election Code and all issues that may arise pertaining to the elections. Section 2. The powers, duties and responsibilities of the COMELEC Commissioners are 2.1 2.2 2.3 2.4 2.5 To uphold the Election Code To serve as the steering committee for the Student Council Elections To penalize or disqualify candidates and/or political parties who violate the Election Code To recommend modifications in the Elections Code to be submitted to the Legislative Assembly through and by initiative of a Legislative Assembly Representative(s) through a resolution. To give notice of offense(s) defined by the Election Code to candidates and/or political parties concerned within twenty-four (24) hours after the confirmation of the violation by the COMELEC Board

2.6 2.7 2.8 2.9

To warn the candidates and/or political parties of any Election Code violations To man polling booths during election days To provide guidelines for the implementation of this Code during the COMELEC Seminar To inform all students concerned of the scheduled activity of all COMELEC-related activities at least three weeks prior to the first scheduled activity 2.10 To encourage students to vote 2.11 To educate voters on the voting process to be used in the elections 2.12 To certify qualifications of candidates 2.13 To ensure that all candidates and/or political parties abide by the Election Code 2.14 To facilitate the COMELEC Seminar 2.15 To approve or disapprove campaign materials following the provisions of Article 8, Section 2 of this Code 2.16 To guarantee that no campaign material is present before and after the campaign period 2.17 To issue receipts to all documents submitted and ensure their confidentiality and security 2.18 To open and seal ballot boxes 2.19 To provide generic posters 2.20 To elect among themselves a Chair, a Vice Chair, a Secretary, as Assistant Secretary, a Treasurer and an Assistant Treasurer 2.21 To exercise emergency powers to be defined as the power to initially request the Discipline Office to reprimand violating party, and may ask the Discipline Office to escort the violating party outside the venue, depending on the gravity of the situation. Violating parties sent outside may not return until the whole process has been completed. This is to prevent any disruption during the manual and automated counting of ballots. Section 3. The duties and responsibilities of the COMELEC Chair 3.1 To set and to preside over all meetings 3.2 To recommend the termination of his/her members 3.3 To sign all letters released by the COMELEC 3.4 To make sure all COMELEC members perform their duties and responsibilities 3.5 To sign for the approval of all the application forms of the candidates and/or political parties 3.6 To sign the final list of candidates 3.7 To maintain peace and order during hearings and meetings 3.8 To sign all letters of decision made by the COMELEC Board 3.9 To sign the official results of the elections 3.10 To keep the ballot box keys 3.11 To cause or break a tie during COMELEC Board meetings for decision-making 3.12 To ensure that a Memorandum of Agreement (MOA) is accomplished regarding all agreements with external entities (i.e. political parties). Section 4. The duties and responsibilities of the COMELEC Vice-Chair 4.1 To assume the duties and responsibilities of the Chair in his or her absence 4.2 To make sure that all COMELEC members perform their duties and responsibilities 4.3 To make sure that all COMELEC-sponsored activities are well-planned and organized 4.4 To make sure that an area agreed upon by the COMELEC board, political parties, and independent candidates will be marked. 4.5 To provide a certified letter from the college deans that independent candidates and/or political parties are allowed to conduct room-to-room (RTR) campaigns 4.6 To make sure that polling booths open and close at the specified time Section 5. The duties and responsibilities of the COMELEC Secretary and Assistant Secretary 5.1 To reserve venue(s) for all COMELEC-sponsored activities 5.2 To reserve booths and bulletin boards for independent candidates and/or political parties 5.3 To document all forms submitted 5.4 To take down minutes in all meetings and hearings 5.5 To make sure that generic posters are put up 5.6 To provide the COMELEC Forms 5.7 To update the COMELEC bulletin board 5.8 To provide letter to the offices that shall verify the C-02 form (See Art. VII, Sec. 1.2) 5.9 To record the time of submission of application forms 5.10 To secure all submitted documents 5.11 To prepare ballots for the elections 5.12 To provide voters list for each college polling booth 5.13 To provide schedule of polling booth manning 5.14 To document all cases for future references. 5.15 To provide the L.A. Floor Leader with a list of COMELEC Volunteers a week before campaign period. 5.16 To provide the L.A. Floor Leader with end reports a week after the counting of votes. Section 6. The duties and responsibilities of the Treasurer and Assistant Treasurer

6.1 6.2 6.3 6.4

To monitor the inflow and outflow of cash and to make sure that the COMELEC maximizes the amount of funds allocated for its operations To coordinate with the Student Council Treasurer To submit the necessary documents (e.g. financial reports, check requisition slips) to the Student Council Treasurer To regularly update the COMELEC of its financial status

Section 7. The duties and responsibilities of the COMELEC Members 7.1 To act as the representatives of the COMELEC Board in the validation of ballots during elections 7.2 To assist the COMELEC Board in all COMELEC-related activities as deemed necessary by the COMELEC Board

ARTICLE VI QUALIFICATIONS OF CANDIDATES Section 1. Qualifications of candidates 1.1 The candidates for President, Vice-President for Academics, Vice-President for Activities, Vice-President for Operations, Executive Secretary and Treasurer should have completed at least five (5) full terms in the university upon filing of candidacy. The candidates for College Assembly President should have completed at least three (3) full terms in the college that they are running for and five (5) full terms in the university upon filing of candidacy. The candidates for Batch Representatives and Legislative Assembly Representatives should have completed at least two (2) full terms in the college they are running for except for freshmen running in the freshmen elections. All candidates should have a CGPA of at least 1.75 upon filing of candidacy except for freshmen running in the freshmen elections. All candidates shall not be an Executive Board member or its equivalent in any DLSU duly recognized student organization upon filing of candidacy.

1.2 1.3 1.4 1.5

Section 2. Students applying for candidacy shall not have been placed under any academic probation for the past three (3) terms prior to filing of candidacy. Section 3. Students who have committed any major offense may file for candidacy upon the approval of the Director of the Discipline Office. Section 4. If a candidate commits a major offense during election period, he/she shall be disqualified. If in case the candidate committed Habitual Disregard or Willful Violation as a major offense, he/she shall be allowed to continue his/her candidacy, upon the approval of the Director of the Discipline office. Section 5. Students applying for candidacy should be enrolled in the term of filing of candidacy in the University. Section 6. All candidates shall have at least three full terms remaining. Section 7. A Student Council Officer who has been removed from office through the impeachment process shall not be allowed to run for any position during his/her entire stay in the university. ARTICLE VII APPLICATION AND APPROVAL OF CANDIDATES Section 1. The candidates shall submit to the COMELEC the following forms fully accomplished during the time specified: 1.1 1.2 1.3 1.4 1.5 1.6 C-01 Form: Certification of Candidacy and Duties and Responsibilities C-02 Form: Certification of Verification with an attached photocopy of validated ID and Enrollment Assessment Form (EAF) or Official Receipt C-03 Form: Memorandum of Agreement with political party (if applicable) C-04 Form: Certification of Leave of Absence (LOA) (if applicable) Candidates answers to Their Takes both in hard and soft copies 2 pieces of 2x2 pictures of the candidate

Section 2. Three (3) school days shall be allotted for the Filing of Candidacy, as referred to in the University Calendar. Section 3. Candidates shall submit their application forms on or before 6PM of the last day of the Filing of Candidacy Week at the COMELEC Office Space. 3.1 Candidates of political parties shall submit their application forms in short brown envelopes, which have been sealed by their political party president or duly appointed officers by the political party president. Independent candidates shall submit their application forms in short brown envelopes personally sealed by the candidates themselves. 3.2 At the upper left hand corner of the front of the brown envelope, the following information shall be written: a. Name of candidate b. ID number c. Contact number d. Position running for e. Documents accomplished C-01, C-02, C-03, C-04, excuse letter from COMELEC Seminar (if any) 3.3 At the upper right hand corner of the front of the brown envelope, the COMELEC Commissioner shall sign to receive upon verification of documents contained. Section 4. If a C-04 Form is submitted, a list of contact person(s) according to importance (two copies) shall be submitted on a separate sheet of paper along with: a. Political party name (if applicable) b. Name of political party president (if applicable) c. ID number of political party president (if applicable) d. Contact number e. Documents contained C-04 and Letter of Abstentions (if applicable) Section 5 All candidates for the Freshmen Elections and General Elections are required to attend the following activities sponsored by the COMELEC: 5.1 COMELEC Seminar 5.2 Debate (If organized) 5.3 Open Forum (If organized) Section 6. The list of students to be excused from Reserve Officers Training Corps (ROTC), National Service Training Program (NSTP), or first day of ORIENT2 for the COMELEC Seminar shall be submitted on or before 5 p.m. of the fifth day of the Filing of Candidacy Week at the COMELEC Office Space. The typewritten list shall contain the following information: a. Political party name b. Name of candidate, position running for, ID number, and signature of candidate. c. Noted by the political party president d. Approved by the COMELEC Chair Section 7. Excused absences from the COMELEC Seminar 7.1 7.2 7.3 A candidate who wishes to be excused from the COMELEC Seminar shall submit a letter stating the reason for absence on or before the first school day after the COMELEC Seminar. A candidate who wishes to be excused from the COMELEC Seminar for being tardy shall submit a letter stating the reason for tardiness on or before the first school day after the COMELEC Seminar. The following reasons shall be deemed excusable by the COMELEC board 7.3.1 Health A doctors certification or legal guardians certification must be attached to the excuse letter to be given to the COMELEC board. 7.3.2 Academics A teachers certification must be presented. 7.3.3 Other reasons will be deliberated by the COMELEC board before being deemed excusable. Section 8. Unexcused absence from the COMELEC Seminar shall merit a suspension from campaigning for the first three days of the campaign week. Per hour unexcused tardiness shall result in a day suspension of the candidate during the campaign week. 8.1 8.2 8.3 Fraction of the first hour is suspension, first day of the campaign week Fraction of the second hour is suspension, first and second day of the campaign week Fraction of the third hour shall be considered absent from the COMELEC Seminar

Section 9. COMELEC shall announce the official list of candidates before the end of the COMELEC Seminar. Section 10. Any incumbent officer from any DLSU duly recognized student organization shall accomplish the C-04 Form: Certification of Leave of Absence (LOA) for the duration of the election period upon filing of candidacy. ARTICLE VIII CAMPAIGN Section 1. Seven (7) school days for General Elections and seven (7) school days for Freshmen Elections shall be allotted for the campaign period. The COMELEC shall finalize campaign schedules on or before the COMELEC seminar. Section 2. Campaign materials allowed are as follows: 2.1 2.2 2.3 2.4 2.5 2.6 One (1) streamer per designated area (max 3ft x 18 ft, min 11in x 8in) At most ten (10) flags for each political party or independent candidate At most ten (10) cartolina-sized (22.5in x 28.5in) posters or its equivalent Platform (maximum area: one-phased, unfolded, regardless if there is print at the back, regular sized-cartolina) Banderitas (max 11in x 9in) Allowed novelty items are, but not limited to, as follows: 2.6.1 2.6.2 2.6.3 2.6.4 2.6.5 Caps and visors Items that uses pins for attachment (e.g. buttons, name plates, etc.) Shirts Small flags (max 4.5in x 6.5in) Stickers

Section 3. The COMELEC Board may allow other items not mentioned upon assessment. Section 4. Campaign materials shall be assessed and approved by the COMELEC Board after the COMELEC Seminar and the rest of the campaign week. Section 5. Campaign materials (except novelty items) are allowed to be up by 7AM first day of campaign period and down by 7PM last day of campaign period. Section 6. At most two bulletin boards per designated area upon availability for each political party shall be used for campaign materials. All independent candidates will equally share at most two bulletin boards for their campaign materials per designated area upon availability. 6.1 Designated areas for bulletin boards are: Velasco Lobby, Gokongwei Lobby, Chess Plaza, both sides of Miguel second floor, North, South, and Velasco Gates. 6.2 Reservations for the bulletin boards and booths shall be made by the COMELEC Secretary. 6.3 A straw draw shall determine the location of the bulletin boards and booths of the political parties and independent candidates. Section 7. Activities that must be sponsored by the COMELEC 7.1 COMELEC Seminar, prior to campaign period 7.2 Miting de Avance, University Break, campaign period at the Amphitheater (for general elections only) 7.3 Open Forum, Friday, campaign period (for general elections only) Section 8. The COMELEC shall provide permits for room-to-room campaigning for all candidates from the college deans. ARTICLE IX ELECTIONS Section 1. The DLSU Student Council Constitution under Article XV, entitled Elections and Vacancies stated that: 1.1 The officers of the executive board shall be elected by a plurality of all votes cast. 1.2 A college assembly president shall be elected by a plurality of all votes cast for the particular college. 1.3 Two (2) Legislative Assembly Representatives shall be elected with the two highest of all votes cast per year level per college.

1.4 1.5 1.6 1.7

Two (2) Batch Assembly Representatives shall be elected. The one who garners the highest number of votes shall be the President and the one who garners the second highest number of votes shall be the Executive VicePresident per year level per college. All upperclassmen officers in the Student Council shall be elected annually before the end of the school year preceding their terms of office. Any vacancy due to disqualification shall be filed in by special election only if prior to the Freshmen Elections. In cases where there is only one (1) candidate running for a position, the candidate shall be elected by a majority of 50% plus 1 of all votes cast. The COMELEC shall hold a recount. If the tie is confirmed, the following conditions and election procedures will be followed: 2.1.1 If there are less than 10 students who havent voted by the end of the election period, re-casting of votes will commence for the tied position. 2.1.2 Otherwise, the election for the tied position will extend for one (1) day.

Section 2. In case of a tie, 2.1

2.2 3.1 3.2

The procedures in Section 2.1 shall be done again until a winner is declared. Manual voting system Automated Voting System

Section 3. The COMELEC shall decide on which voting system to adopt during the election:

ARTICLE X ELECTION DAYS Section 1. Three (3) days shall be allotted for the election. A maximum of 2 days extension may be decided by the COMELEC if the election is not yet valid. Section 2. The COMELEC, political parties and the independent candidates through a consensus will agree upon location of the polling booths. Section 3. COMELEC member and/or one (1) representative each from all political parties and independent candidates (if applicable) shall supervise the booth. Section 4. Election starts 9AM until 6PM except in the last day of the General Elections where it would be extended until 8PM. In cases where it does not start on time, an appropriate extension shall be given. Section 5. The candidates, and political party members are restricted from loitering only within the area agreed upon of the polling booth. Section 6. At the end of each poll date, the ballot boxes shall be sealed by the COMELEC Commissioner to be witnessed by the representative(s) of each political party at the polling booth. The sealed boxes shall be brought to the Discipline Office by the COMELEC Commissioner accompanied by the representative(s) of each political party. Section 7. Voters list shall be kept in the Discipline Office with the ballot boxes. Section 8. The tabulation of votes will commence within 24 hours following the close of the last election day, unless circumstances render it impossible. In which case, the COMELEC upon consultation with the parties involved shall decide when to start the tabulation. Duration of tabulation shall not exceed three (3) consecutive days. Section 9. All sample ballots shall be approved by the political parties and independent candidates. Section 10. Procedure for voting

10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8

Voter gives ID or EAF, to be given along with a valid I.D., to poll volunteer for verification. A valid I.D. is any identification card with a picture and name matching the EAF. Poll volunteer lists the ballot number at the left side of the name of the voter in the voters list. COMELEC member or a representative from each political party validates the ballot by signing at the left hand corner of the ballot. Poll volunteer gives the ballot to the voter. Voter accomplishes the ballot. Voter drops folded ballot in the ballot box. Voter signs beside his/her name in the voters list. Voter claims ID from poll volunteer.

Section 11. Voters turnout shall be released by the Chair at 1300 and at closing time only for each of the election days. If the Chair is not able to make the release, line of succession shall be followed.

ARTICLE XI PROTEST Section 1. Any form of protest shall be filed within 24 hours after the said offense was committed and shall be signed by the person(s) filing the complaint and two (2) witnesses. The complainant can be one of the witnesses. The ID Numbers of those involved shall be requested by the COMELEC. Section 2. Complainant/ witness shall write a formal letter of protest and submit a hard copy of the said letter to any COMELEC Commissioner during office hours, 9:00am to 6:00pm. Section 3. The COMELEC Board shall decide if the complaint is valid for election hearing. Section 4. The COMELEC Board shall have the power to ask the complainant, defendant, and witnesses to report before the Board at a specified time determined by the COMELEC Commissioners. If in case the defendant does not show up without prior notice, then the case shall be taken against him/her (for candidates) or his/her party (for recognized members of a political party). If the complainant and/or two (2) witnesses fail to appear, the case shall be dismissed. Section 5. The COMELEC Board shall convene within 24 hours upon receiving the complaint. Section 6. Political parties or candidates may file a motion for reconsideration of the case to the COMELEC Board or Ad-Hoc Committee (if applicable) within three days after the decision was made. If not, the decision made shall be final and binding Section 7. A political party or candidate who is not satisfied with the decision of the COMELEC Board or Ad-Hoc Committee may appeal the case to the Election Board within three (3) days after the decision was made. Complaints brought to the Election Board shall follow the same Election Hearing procedures as that of the COMELEC Board. 7.1 If the SC President has filed a Leave of Absence (LOA), then the line of succession shall be followed. If all Executive Board officers have filed a LOA, the remaining EXECOM members shall vote among themselves a representative on behalf of the SC for the Election Board. If the Dean of Student Affairs is on leave, the Director of Student Activities shall be the representative of the administration. If the COMELEC Chair is the complainant, then the line of succession is followed. If officers of the COMELEC are the complainants, the COMELEC Board shall elect among them a representative for the Election Board. The decision of the Election Board is final and binding.

7.2 7.3 7.4

Section 8. If a COMELEC volunteer is the complainant, the case is filed to the COMELEC Board. Section 1 to 6 shall immediately apply. Section 9. If a COMELEC commissioner is the complainant, the case is filed to the Election Board. Section 7.1 to 7.4 shall immediately apply. Section 10. In cases of protests against any COMELEC Commissioner(s) or to the COMELEC itself, the complainant shall file the complaint to the Legislative Assembly through a Legislative Assembly Representative. ARTICLE XII ELECTION HEARING Section 1. The venue for all COMELEC hearings shall be reserved by the COMELEC Secretary. Section 2. The following shall be present in an Election Hearing: 2.1 2.2 2.3 2.4 COMELEC Board in quorum Complainant and at least two (2) witnesses (complainant may be a witness) Defendant At most two representatives each from political parties and/or independent candidates concerned

Section 3. Complaint letter shall be read by the COMELEC Chair. Section 4. The complainant shall present his/her side and witnesses to the defendant and to the COMELEC Board. The COMELEC Board may question the witnesses.

Section 5. The defendant shall present his/her side and may present his/her witness(es) after which, the complainant, followed by the COMELEC Board may question the defendant and the witness(es), if any. Section 6. The complainant shall be given a chance for his/her last statement. Section 7. The defendant shall be given a chance for his/her last statement. Section 8. The COMELEC Board may raise some points for clarification. Section 9. The complainant, witnesses, defendant, and a representative(s) from each political party concerned and/or independent candidate shall be asked to step out of the room. Section 10. The COMELEC Board shall discuss and vote for a decision. Section 11. The complainant, witnesses, defendant, and at most two (2) representatives from each political party and/or independent candidate concerned shall be asked to step into the room to hear the decision made by the COMELEC Board.

ARTICLE XIII COUNTING OF BALLOTS FOR MANUAL ELECTIONS Section 1. Counting of ballots for manual elections shall start after the polling booths are closed on the last day of elections. Section 2. At least one (1) and a maximum of three (3) representatives, from each political party and two (2) COMELEC Commissioners shall be present in opening the ballot boxes. Section 3. If counting is not finished, ballot boxes shall be sealed by a COMELEC Commissioner(s) to be witnessed by a representative(s) of each political party and/or independent candidates and shall be kept in the Discipline Office. Section 4. A ballot may only be rejected if there is: 4.1 4.2 No ID number, or No validation signature from a representative of each political party or COMELEC member

Section 5. The votes for positions marked incorrectly shall be deemed invalid. However, votes for the remaining positions marked correctly shall be considered. Section 6. The procedure is as follows: 6.1 6.2 6.3 6.4 6.5 6.6 The COMELEC member together with a representative from each political party and independent candidates or their representatives should validate the ballot first before it could be read. COMELEC Member reads the ballot. Representatives from each political party and the independent candidates or their representatives confirm the ballot. COMELEC Member marks the ballot to indicate tabulation of ballot. Political party representatives and the independent candidates or their representatives tally the number of votes for the other party(ies) candidate on the board. Political party representatives, the independent candidates or their representatives and COMELEC Member tally the number of votes for all candidates on the tally sheet. ARTICLE XIV COUNTING OF BALLOTS FOR AUTOMATED ELECTIONS Section 1. When the last vote is cast at the last day of voting, the ballot boxes shall be sealed by the COMELEC commissioner and will be witnessed by a representative (for each political party) and the independent candidates or their representatives at the polling booth. The sealed boxes will be brought to the Disciplines Office by the COMELEC commissioner accompanied by the representative (of each political party) and the independent candidates or their representatives. Section 2. Right after the booth is closed, the commissioner shall tally the voter turnout of the whole election. Section 3. The following day, the COMELEC commissioner together with the representative of each political party and the independent candidates or their representatives shall get the ballot boxes from the Disciplines Office and then proceed to the sorting of the valid and invalid ballots.

Section 4. The COMELEC Commissioners together with the representatives of each political party and the independent candidates or their representatives shall proceed to the Information Technology Center (ITC) for the scanning of the valid ballots. 4.1 At least one (1) COMELEC Commissioner and one (1) representative from each political party and the independent candidates or their representatives will be allowed to watch the scanning of the ballots.

Section 5. The COMELEC board will immediately release the election result after the scanning process and election cases have been resolved. ARTICLE XV OFFENSES Section 1. The following shall be considered as minor offenses for the political party: 1.1 Use of unapproved campaign materials 1.2 Use of more than ten (10) cartolina-sized posters or its equivalent 1.3 Use of more than one (1) streamer in designated areas 1.4 Unauthorized removal of campaign materials 1.5 Voter Harassment 1.6 Loitering of candidates and/or party members after three (3) warnings during election days, only within the restricted area. Section 2. The political party will incur one minor offense for every major offense committed by each of their candidates. Section 3. The following shall be considered as major offenses for a political party: 3.1 3.2 3.3 3.4 4.1 4.2 4.3 4.4 4.5 5.1 5.2 Electioneering Accumulation of three (3) minor offenses for a political party. Failure to appear without prior notice before the COMELEC Board when summoned during protest investigations Campaign for boycott or boycott of elections Loitering of candidates after three (3) warnings during election days, only within the restricted area. Electioneering Failure to appear without prior notice before the COMELEC Board when summoned during protest investigations Campaign for boycott or boycott of elections Voter Harassment A candidate found guilty of a major offense shall be given a day of suspension from campaigning. The day of suspension shall be the campaign day immediately following the day of deliberation by the COMELEC Board. A candidate found guilty of two major offenses shall be given two days of suspension from campaigning. The days of suspension shall be the campaign days immediately following the day of deliberation by the COMELEC Board. A candidate found guilty of willful disregard of their suspension shall incur an additional one major offense. In effect, the party shall incur one minor offense. A political party found guilty of a major offense shall be given a day of suspension from campaigning. The day of suspension shall be the campaign day immediately following the day of deliberation by the COMELEC Board A political party found guilty of two major offenses shall be given two days of suspension from campaigning. The days of suspension shall be the campaign days immediately following the day of deliberation by the COMELEC Board. Candidates who accumulate three (3) major offenses shall be disqualified from the elections. Political parties which accumulate three (3) major offenses shall be disqualified from the elections.

Section 4. The following shall be considered as one major offense for a candidate:

Section 5. Penalties

5.3 5.4 5.5

5.6 5.7

5.7 A political party found guilty of willful disregard of their suspension shall incur an additional one major offense. Section 6. The COMELEC Board may sanction a political party or candidate for other acts not mentioned in Sections 1 to 4 of this Article upon due process provided that the offense committed is bound by the universitys jurisdiction.

Section 7. All election-related Student Handbook offenses shall be handled solely by the Discipline Office. ARTICLE XVI GENERAL PROVISIONS Section 1. Decision of the COMELEC BOARD 1.1 The COMELEC Board shall decide based on (but not limited to) the following documents in hierarchical order according to its scope, from the highest to the lowest: 1.1.1 DLSU-Student Handbook 1.1.2 DLSU-Student Council Constitution 1.1.3 DLSU-Student Council Officers Code of Conduct 1.1.4 Election Code 1.2 For a decision to be valid, a majority vote of the quorum must be reached. Section 2. Official time of the COMELEC shall be the Student Council official time. Section 3. All transactions, except the issuance of warning receipts, shall be held in the COMELEC Office Space which shall be assigned by the Student Council Executive Secretary throughout the election period. ARTICLE XVII SEPARABILITY CLAUSE If any part or provision of this Code is declared void or unconstitutional the remaining portion or provisions hereof shall not be affected by such declaration. ARTICLE XVIII AMENDMENTS Amendments to this Code may only be proposed two (2) full school years after the school year of its approval. ARTICLE XIX EFFECTIVITY CLAUSE This Code shall be immediately effective for all elections, plebiscites, or referenda within the Student Council after the approval of the Legislative Assembly.

Ethics Committee 2007 - 2008

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