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The Elections code is three pages long: Page 1 | Page 2 | Page 3

ARTICLE II    ELECTIONS CODE

(Revised 05/13/98) (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99) (Revised 04/28/99,4/21/04, 11/30/05, 4/12/06)

Section 4 Campaigning

(Revised 3/4/98) (05/13/98) (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99)

4.01 All candidates, including write-ins, shall conduct their campaign in accordance with the provisions of the Elections Code and any university, city, local, state and federal policies, laws, ordinances or regulations. (Revised 4/26/00)
4.02 Harassment is prohibited. This includes verbal, written (printed or electronic) and/or physical abuse by any candidate or person involved in a campaign. (Revised 4/26/95) (Revised 11/18/98, 4/19/06)
4.03 Advertising or campaigning, which is misleading or harmful to a canidate’s opponent is prohibited. (Revised 03/03/99)
4.04 Campaigning includes any verbal or non-verbal action that promotes the election of an official or write-in candidate. This includes any material(s) that promotes the election of a candidate. (Revised 05/13/98) (Revised 03/03/99)
  1. Verbal campaigning shall be defined as persuasive speaking to prospective voters that promotes the election of a candidate. (Revised 05/13/98) (Revised 11/18/98) (Revised 02/24/99)
  2. Active campaigning shall be defined as distribution of any materials, which promotes the election of a candidate. (Revised 05/13/98) (Revised 11/18/98)
  3. Campaign material shall be defined as any material that promotes the election of a candidate. This includes, but is not limited to, signs, badges, posters, tee shirts, flyers, balloons, etc. (Revised 05/13/98)
4.05 Campaigning may begin at 4:30 p.m. the second Friday after the last day of mandatory candidate meetings, providing the candidate has met the requirements set forth in Subsections 3.03 and 3.04. Campaign period shall be specified as a period of 14 consecutive days. (Revised 11/18/98) (Revised 03/03/99) (Revised 4/26/00)
  1. The physical construction of a frame on campus, which ultimately becomes part of a sign, shall be considered open campaigning.
4.06 Regulations and classifications of publicity for campus elections shall be found within this Subsection of the Elections Code. (Revised 03/03/99)
  1. The jurisdiction of the elections includes a one-mile radius of the SDSU campus proper. Candidates are not responsible for the delivery sites of the Daily Aztec outside this one-mile radius. There shall be no campaigning outside the one-mile radius of the SDSU campus proper. All campaigning must be in adherence to governing policies. (Revised 11/18/98) (Revised 02/24/99)
  2. Candidates shall refrain from placing flyers on motor vehicles. (Revised 02/24/99)
  3. Advertising or campaigning which endangers persons on campus or within the one-mile radius of the campus proper (as outlined in Section 4.06(a) of the Elections Code) is prohibited. (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99)
  4. Persons shall refrain from posting campaign material over another candidate's material. (Revised 02/24/99)
  5. Candidates shall refrain from saturating any one area with their own publicity. Saturation is defined as having more than two signs in one viewpoint. Campanile Walkway shall be separated into two viewpoints because of its length. The two viewpoints at Campanile Walkway shall be divided at the Open Air Theatre. (Revised 05/13/98) (Revised 11/18/98) (Revised 02/24/99)
  6. No active or verbal campaigning or intimidation of any type shall occur that interferes with or unduly influences in any way a student while at the web site while attempting to cast a vote, or within one hundred (100) feet of an official polling place while that polling place is open for voting. Appropriate signage announcing the 100 feet restriction on campaigning activity shall be posted in a prominent location at each official polling place. The Elections Manager, Elections Coordinator, or designated committee member shall mark off the perimeter. Candidates are not responsible for the delivery sites of the Daily Aztec within the designated 100 feet of a polling site (Revised 5/17/95) (Revised 5/13/98) (Revised 11/18/98) (Revised 02/24/99, 11/17/2004).
  7. No active or verbal campaigning shall occur in any University public-access facility that houses public-access computers with access to the World Wide Web. (Revised 11/17/2004)
  8. Any person having anything to do with the running of the election, counting of ballots, working at the polls, or working in an election area shall not wear or distribute any material promoting any candidate and shall not publicly campaign in an active or verbal manner on behalf of any candidate. There shall be no advertising or campaigning that interferes with classroom instruction without the consent of the professor or instructor. (Revised 4/26/95) (Revised 11/18/98) (Revised 02/24/99, 4/19/06)
  9. There shall be no campaigning or advertising in the Love Library. (Revised 02/24/99)
  10. Campaign signs shall be placed only on grass-covered areas on campus, unless otherwise stated in the Elections Code and must be constructed in such a way that they are easily and reasonably movable by no more than two persons. Physical Plant and its employees shall not be responsible for damage caused to campaign materials in the process of moving them to perform their assigned tasks (including but not limited to mowing of grass areas). (Revised 11/18/98) (Revised 02/24/99, 4/19/06)
  11. An original of the printed and electronic campaign material must be submitted to the Elections Committee before distribution to determine the ownership of printed campaign materials and accountability of candidates for said materials. (Revised 05/13/98) (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99)
  12. Each candidate shall be allowed any combination of posted signs or banners to total not more than twenty (20). Four (4) of these campaign materials shall be no greater than eight (8) feet in height, eleven (11) feet in length and eight (8) feet in width. All other posted signs and banners shall be no greater than three (3) feet in height, two (2) feet in length and two (2) feet in width. (Revised 05/13/98) (Revised 11/18/98) (Revised 02/24/99) (Revised 4/26/00)
    1. A sign shall be defined as including any type of attached support posts. A double-sided A-frame sign constitutes one sign. (Note: Badges, tee shirts, flyers, balloons, sandwich boards, etc. that are posted are thus reclassified as signs. Wearing of these items does not constitute posting.) (Revised 04/26/95) (Revised 05/13/98) (Revised 11/18/98)
    2. Height shall be measured from the top of the sign to the ground. Length shall be measured from the left of the sign to the right. Width shall be measured from the front of the sign to the back. Anything touching the sign or supporting the sign shall be included in the measurement. (Revised 05/13/98) (Revised 11/18/98)
  13. A $100 deposit shall be collected from each candidate at the time he/she files application for the purpose of insuring that campaign signs will be removed from campus. (Revised 4/26/95) (Revised 11/18/98) (Revised 02/24/99)
  14. Any form of publicity defacing University property is prohibited. Examples of defacing property include the use of nails and thumbtacks in trees or injuring finished walls and buildings and the use of staked signs on University property. These examples are not intended to limit the application of the Elections Code to these certain areas. No campaign material shall be placed on any campus trees nor shall they be placed in tree wells or flowerbeds. No publicity shall be allowed on the Daily Aztec distribution boxes, light poles, or trash cans. No advertising shall come in contact with the walls of any building, including the writing on chalkboards in classrooms, except areas that are currently approved as general posting areas (i.e. the wall below the iron railing on the west side of the Dining Commons, and the walls surrounding the periphery of Aztec Center). There shall be no written endorsements or campaigning of any kind on the chalkboards in classrooms or campus thereof. If there is any doubt with regards to the posting area, the candidate(s) should consult the Elections Committee before posting materials on the area in question. (Revised 11/18/98) (Revised 02/24/99)
  15. All campaign posters, signs, and banners shall be removed by 4:30 p.m. on the day after the election. Campaign materials still up after this time shall be removed and disposed of by A.S. staff. If campaign material is not removed from campus by this time, the $100 candidate deposit shall be forfeited. (Revised 11/18/98) (Revised 02/24/99)
  16. Use of telecommunications for campaigning shall be limited. Telecommunications for the purpose of elections shall be defined as: The use of telephones, paging, voicemail, e-mail, World Wide Web (WWW), Internet, Instant Messaging, SMS/Text Messaging, Telnet, Bulletin Board System (BBS), computer network, computer program, fax, television, radio or cable. Use of radio, cable and television shall be used for non-commercial/non-advertising publication of debates and/or interviews of candidates. World Wide Web (WWW), Internet, computer networks and computer programs may be used if they do not impede the educational process as outlined by San Diego State University and/or the California Educational Code or violate another subsection of this Elections Code. The material posted to the World Wide Web (WWW), Internet, Telnet, Bulletin Board System (BBS), computer network or computer program, must be submitted to the Elections Committee before distribution to determine the ownership of electronically distributed campaign materials and accountability of candidates for said materials. Use of said materials does not constitute a violation of subsection 4.06c of this Elections Code (1-mile radius restriction). There shall be no use of e-mail, instant messaging, text messaging, fax, voicemail, paging or telephone for campaigning, in addition, no e-mail addresses, screen names, or other form of contact information shall be included in material posted to the World Wide Web (WWW), in order to accurately monitor possible violations of this or other subsections of this Elections Code.
    1. Social networking websites (including, but not limited to MySpace, Friendster, Facebook, etc.) shall be allowed for use in campaigning pursuant to the following conditions:
      1. The following definitions shall be used in consideration of these rules:
        1. Content shall be defined as any material (including, but not limited to text, pictures, audio and video) which exists on any given page and is under any reasonable amount of control by the candidate/site profile owner. Candidates are thus not responsible for advertisements automatically inserted into the site by the host or site structural elements which are determined by the host or host policy.
        2. ‘Host’ shall be defined as the company which operates the root domain (including, but not limited to myspace.com, facebook.com, etc.) and/or with which the profile holder has entered into a use agreement.
      2. Campaigning shall not be allowed on sites which forbid campaigning.
      3. Such campaigning shall not be abusive, libelous/slanderous, or in any way deleterious to competitors, competitors campaign members, or any other person or organization. Candidates are reminded that websites are considered to be public documents.
      4. Because candidates have the ability to delete offending content from their profile pages, candidates shall be considered to be responsible for any text, images, audio, or media of any kind posted by themselves or by others on their profile pages. The acceptable time frame to remove offensive content from pages shall be determined by the Elections Committee.
      5. The creation of artificial profile pages for the purpose of misleading potential voters or for discrediting opponents shall result in immediate disqualification, subject to action by the Elections Committee.
      6. Any copyrighted media content must be used with authorization from the copyright holder and in accordance with any applicable laws. All content on candidate’s pages is subject to the agreements appropriate to each site. The Associated Students makes no claim to supercede or override such agreements.
      7. All major site content relating in any way to the campaign (profile text, ‘About Me’ section, etc.) must be submitted prior to posting to the Elections Committee. Comments need not be submitted to the Committee beforehand and are thus a forum for free exchange of ideas and statements, subject to the rules provided in these Bylaws.
        1. Comments shall not be abusive in nature, number, content, or volume.
        2. While not prohibiting such action, the Committee would like to strongly urge candidates and supporters to refrain from posting on the sites of opponents.
        3. Photos posted during the campaign need not be on file with the Committee provided the content of the photos is in accordance with these Bylaws
        4. Any photos depicting campaign materials which are not on file with the Committee shall not be allowed.
      8. The creation of groups within the social networking sites shall be allowed, pursuant to the restrictions and provisions provided in these Bylaws.
      9. Non-comment messages and private messages shall be considered to be emails. These messages shall be subject to the same restrictions and regulations as email pursuant to Section 4.06(p) of this Code.
      10. User names on social networking sites shall be appropriate and in accordance with these Rules.
      11. Candidates may post a direct link to their social network profile on their campaign materials so long as it contains content accessible to the public and is in accordance with these Rules.
      12. Any further provisions relating to social networking sites shall be considered to be disallowed unless otherwise provided by the Elections Committee. (Revised 4/26/95, 11/18/98, 2/24/99, 3/3/99,4/26/00, 4/19/06)
    2. Candidates may post a link to the student web portal from their campaign sites. The link may not appear or be activated until the opening hour of the first day of elections. The link language must read “Vote Now on the SDSU WebPortal!” and the hyperlink must directly reference “http://www.sdsu.edu/portal”. Any reference to voting on the SDSU WebPortal must be comprised solely of neutral language. The URL for the WebPortal may be printed on T-shirts, flyers, signs, stickers, etc. (Added 11/17/2004, 4/19/06)
    3. There shall be no verbal or written campaigning (use of flyers, buttons, stickers, signs, etc.) during A.S. Council meetings or meetings of any board or committee under the jurisdiction of the A.S. Council. (Revised 4/26/00)
    4. Campaign materials (as defined in these bylaws) will be allowed within the campus Residence Halls only in accordance with the Solicitation Policy of the Residential Education Office. No campaign materials shall be posted in ‘common’ areas of the Residence Halls. This includes, but is not limited to, the interior and exterior areas of the halls, front desks, main lobbies, lounges, doors (including doors to residents’ rooms), hallways, and bulletin boards. Whereas it is not the policy of the Associated Students to censor student clothing, campaign Tshirts shall be allowed to be worn in the Residence Halls in accordance with Residence Hall policy. In all cases, the Solicitation Policy of the Residence Halls shall dictate policy where the provisions of this section are in conflict with the Solicitation Policy. (Added 4/21/04, 4/19/06)
4.07 All candidates shall be required to be present at the scheduled election orientation meeting of the Elections Committee. The meeting shall consist of an explanation of the Elections Code with a question and answer period. Excused absences will be granted for only very compelling reasons. (Note: Re-read Subsection 3.03.) (Revised 11/18/98) (Revised 03/03/99)
4.08 Misrepresentation in advertising or campaigning is prohibited. (Revised 4/26/00)
Section 5

Campaign Finances

(Revised 5/17/95) (Revised 3/4/98) (Revised 5/13/98) (Revised 11/18/98) (Revised 02/24/99)

5.01 The candidate shall be required to turn into the Elections Coordinator, at the Government Affairs Office, a campaign finance statement listing all his/her campaign expenses by 4:00 p.m. the day after the regular and run-off elections. This statement must be time-stamped to be considered “turned in.” This statement shall include the following: (Revised 05/13/98) (Revised 11/18/98)
  1. The receipts of all items purchased. These shall include the name and telephone number of the seller. (Revised 11/18/98)
  2. A listing of all gifts, donations, and/or rental materials.
  3. All professional labor costs.
  4. All previously owned materials. (Revised 11/18/98)
  5. Newspaper ads and classifieds which promote a candidate, unless it can be shown that the candidate did not consent to the placement.
  6. Written estimates for any expenses without a receipt must also be attached. This includes estimates for donated items and/or services. (Revised 05/13/98)
5.02 An itemized campaign expense statement shall be required of all candidates regardless of the amount of money spent, even if no money is spent. (Revised 11/18/98)
5.03 If a candidate receives any gifts, discounts and/or donations, retail cost shall be counted in the candidate's expenditure statement. (Revised 11/18/98)
5.04 A candidate running under an Associated Students election shall be allowed to accumulate a maximum total of $500.00 in gifts, discounts and/or donations by businesses and/or organizations. (Revised 4/26/00)
5.05 In the case that any candidate is forced into a run-off election, the candidate shall be allowed a total of $150.00 of gifts, discounts and/or donations by businesses and/or organizations. (Revised 11/18/98)
5.06 Signs and campaign materials listed by candidates in their campaign expenditure statement for regular A.S. elections need not be included as a gift, discount and/or donation for the run-off elections. All new gifts, discounts and/or donations used during the run-off elections shall be listed on the new campaign expenditure statement. (Revised 11/18/98)
5.07 The retail cost of all gifts, discounts and/or donations shall be determined by getting the cost from two (2) retail outlets and selecting the lowest one of them. This cost study which shall include the name, address, and phone number of companies contacted shall be included in the final expense sheet turned in to the Elections Coordinator. (Revised 11/18/98)
5.08 Depreciation value of used materials that are implemented by a candidate for campaigning purposes shall be listed on their campaign expenditure statement. These used materials shall be discounted 50% (fifty percent) of their current retail value. (Revised 11/18/98)
5.09 All professional labor related to the candidate's campaign, including material that was produced prior to the election must be considered a gift, discount and/or donation and must be computed at its fair market value less depreciation. Volunteer promotion work need not be included in the campaign statement. (Revised 11/18/98)
5.10

Candidate Endorsement Policy

(Revised 3/4/98) (Revised 5/13/98) (Revised 11/18/98) (Revised 03/03/99)

A candidate need not include endorsement by a campus organization in their campaign expenditure statement if:
  1. They are endorsed in written materials (flyers or newsletters published by the organization) regularly distributed to members of the organization during an announced, scheduled meeting of the organization.
  2. They are endorsed during announced scheduled meetings of the organization.
  3. They are endorsed through posted materials within the office of the organization. The office of an organization shall be defined as one designated room in which the organization conducts their official business.
  4. All endorsements shall adhere to Section 4.06(k) of this Code. (Revised 05/13/98) (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99)

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