Byelaws

GoverningUBU Elections and UBU Referenda

  1. Introduction and Background
  2. These regulations cover all UBU Elections and Referenda and any other cross-campus ballots that may be called from time to time.
  3. This Byelaw has been formulated to comply with the Code of Practice prepared and issued by the University Council pursuant to the Education Act 1994 and with the UBU Consitution(Clauses 3.1, 53.1-53.4, and 54.1- 54.6 apply).
  4. Every Member of UBU has a right to stand for election and vote in elections, to call for and vote in referenda (UBU Constitution Clause 6.2 applies). This right does not extend to Associate Members, Honorary Members and Honorary Life Members of UBU, who may not be involved in elections or referenda in any way (UBU Constitution, Clause 7.4.iii applies).
  5. UBU will seek at all times to:
  1. ensure that the diversity of its membership is recognised and that equal access is available to all members of whatever origin or orientation;
  2. pursue its Objects independent of any political party or religious group; and;
  3. pursue equal opportunities by taking positive action within the law to facilitate participation of groups discriminated against by society.
  1. Roles and Responsibilities
  2. The responsibility of the delivery of UBU elections and referenda rests with the UBU Elections and Referenda Committee, headed by the Union Affairs Officer and supported by the UBU staff.
  3. In the event that the Union Affairs Officer is a candidate or has declared a conflictofinterest that would make them unable to deliver their duties, UBU Council will appoint an appropriate replacement. An appropriatereplacement would ideally be a Sabbatical Officer with no conflict of interest.
  4. A Returning Officer will be appointed annually by the Board of Trustees.
  5. A Deputy Returning Officer may also be appointe by the Board of Trustees. A Deputy Returning Officer may fulfil any of the roles of the Returning Officer as required.
  6. An Elections and Referenda Committee will be established annually to oversee all aspects of UBU elections and ensure the good conduct of all elections and referenda until the appointment of a new committee.
  7. UBU Elections and Referenda committee will be made up of the following:
  1. Union Affairs Officer, who will be the Chair of the Committee;
  2. one additionalSabbatical Officer, elected by the UBU Council at the first Council Meeting of the academic year;
  3. one Non-Sabbatical Officer, elected by the UBU Council at the first Council Meeting of the academic year;
  4. two UBU Councillors, elected by the UBU Council at the first Council Meeting of the academic year;
  5. two members from AU/ SF/ Media Areas/ Academic Affairs Councils’representatives on UBU Council,elected by the UBU Council at the first Council meeting of the academic year;
  6. returning officer (Clause 2.3);
  7. Deputy Returning Officer (Clause 2.4).

2.7.No member of Elections and Referenda committee may stand in a UBU election/referndum or show preference to any candidate. If they do either of the above the member must resign from the Elections and Referenda committee to be replaced at the next UBU Council or Executive Committee meeting.

2.8.Each member will have one vote in all matters that the committee deals with.

  1. Notice of Elections and Polls
  2. The Union Affairs Officer must declare Notice of Election, including dates for the opening and closing of nominations,at least three weeks prior to elections.
  3. The Union affairs Officer must declare Notice of Polls within 2 working days of close of nominations. These shall include:
  1. Position(s) for which the ballot will take place;
  2. Date and time of opening and close of Polls.
  3. Name of candidates, proposers and seconders.
  4. Deadline for Re Open Nominations (hereinafter referred to as RON) campaign.
  5. Time and place of Hustings.
  6. Time and place of the Count and Results.
  1. Mode of Elections
  2. Members of the UBU will have one vote in each election for which they are entitled to vote.
  3. Voting in all UBU Elections/ Referenda will take place online through the NUS cloud voting system unless technical issues make this impossible or impractical.
  4. Single vacancy elections such as Executive Committee members shall be held using the Alternative Voting (AV) system.
  5. Multi vacancy elections such as NUS delegate and UBU Council shall be held using the Single Transferable Voting (STV) system.
  6. If insufficient nominations are received for any position then the election will be called off and postions will be ratified by simple majority at the next UBU Council.
  7. RON shall appear on the ballot of all candidates except where the election has been called off.
  1. Eligibility to stand for election and to vote
  2. A Member will only be eligible to stand for a position if they meet the criteria to hold the position at the time of nominations and, with the exception of Sabbatical Officers, for the duration of their potential year in office.
  3. An individual may not hold more than one position on the UBU Council or more than one UBU Officer position.
  4. If at any time from the opening of nomination to the final vote any candidate withdraws from Membership of UBU then they will be automatically disqualified from the election.
  5. All full memebrs of the UBU have the right to vote in the UBU Elections or Referenda (UBU Constitution Clause 6.2).
  6. Candidates may withdraw from the election at any time by writing to the Returning Officer or Deputy Returning Officer (or Elections and Referenda Committee). Once the notice of resignation is submitted, candidates will not be allowed to return their name to the ballot.
  7. The Candidate will be responsible for familiarising themselves and following the Elections Rules.
  1. Nominations
  2. The nomination process will be available on the UBU website.
    All nominations must be submitted using the NUS cloud system, completing all parameters outlined to complete the nomination process.
  3. Late nominations will be up to the discretion of the Returning Officer or Deputy Returning Officer (or Elections and Referenda Committee).
  4. Questions to Candidates (Hustings)
  5. Questions to Candidates (Hustings) should be held for all elections.
  6. All candidates standing for a position in the UBU elections must attend the appropriate session. Failure to attend hustings may lead in eliminations of the candidate from the election except in extenuating circumstances as determined by the Elections and Referenda committee.
  7. The Chair of Elections and Referenda committee will chair the elections hustings. In this role they will:
  1. put questions to candidates;
  2. not show preference to any candidate;
  3. take questions online from social media and the audience attending the hustings.
  1. Campaigning
  2. Elections and Referenda Committee will produce a comprehensive list of campaigning rules and regulatetions prior to the election period. This will define campaigning areas, candidates’ code of conduct, and suitable additional regulations prior to voting. Candidates or campaigns breaking rulings will be in breach of these regulations. All Candidates must agree to adhere to the rules and regulations, prior to the campaigning period beginning.
  3. No current member of Executive Committee, in their role as an Officer, may endorse or support candidates in any medium (such as written or spoken word)
  4. No member of permanent contracted UBU staff may campaign, or show preference for any candidate.
  5. Student staff arenot permitted to campaign or show preference for any candidate whilst on duty in a paid capacity with UBU.
  6. Elections and Referenda Committee shall have the power to investigate any breaches of election regulations or other union policies and shall act accordingly in line with the Elections Rules and Regulations of the UBU.
  1. The Count and Results
  2. The running of the Count will be at the discretion of the Returning Officer or Deputy Retruning Officer and willbe held as soon as practically possible after the close of voting.
  3. Admission to and participation in the Count will be at the discretion of the Returning Officer or Deputy Returning Officer.
  4. After the provisional results have been announced and before the objections deadline, any candidate may ask for and observe a recount of any election.
  5. If an election is declared null and void, or the position was unfilled for anyreason, vacancies will be filled either by a By-Election or by Co-Option at UBU Council.
  6. The Returning Officer or Deputy Returning Officer will give final Notice of the Results to the Union Affairs Officer, who will ensure they are published.
  1. By-Elections
  2. Notice of by-elections shall be given within 10 working days of Elections and Referenda Committee receiving notice of resignations.
  3. All other election regulations apply.
  1. Complaints, Appeals and Ammendments
  2. Complaints shall be submitted in writing to the Returning Officer or Deputy Returning Officer no later than 2 working days after the Notice of Results are published.
  3. Complaints may include concerns about the conduct of the election, the behaviour and activities of candidates or their supporters, the administration of the election and breaches in regulations.
  4. Any challenges or complaints shall be heard and determined by the Elections and Referenda Committee within 2 working days of such a complaint being lodged.
  5. In determining a complaint, the Elections and Referenda Committee after hearing all the appropriate evidence may decide to do the following:
  1. not uphold the complaint;
  2. halt the elections for specified postor posts pending an investigation;
  3. disqualify and give no recompense of expenses to a specified candidate or candidates;
  4. proceed with the Count and decide whether the basis of the complaint has had any impact on the outcome of the vote;
  5. re-run the relevant election(s);
  6. impose other penalties that are fair and proportionate that Elections and Referenda Committee see fit, such as vote docking or campaign suspensions.
  1. Referenda
  2. Referenda are cross-campus ballots on single-issue questions of policy which Members are called upon to decide.
  3. Referendum campaigns run by Members will be treated like other campaigns in terms of resources and publicity.
  4. All Referenda are governed UBU Constitution Clauses 12.1–12.7 as follows.
  5. Policy passed by resolution of a Referendum shall take precedence over Policy passed by any other UBU Institution.
  6. Referenda shall be conducted in accordance with this Constitution and the Byelaws.
  7. A Referendum may be called on any issue.
  8. A Referendum shall take place through a secure petition at the request of:
  1. 100 Members of UBU, being the equivalent of the stipulated quorum of a General Meeting ( UBU Constitution Clause 17.1); or
  2. a two-thirds majority of a quorate UBU Council ( UBU Constitution Clause 23.1); or
  3. a two-thirds majority of a quorate UBU Executive Committee ( UBU Constitution Clause 27.1);
  4. a Referendum is valid when the number of Members voting in it is at least 500 and the majority vote not less than 60%;
  5. a record shall be kept by the SOCC of all matters relating to any Referendum held or called for;
  6. for the avoidance of doubt, Associate, Life, and Honorary Life Members shall not be entitled to participate in Referenda in any way.
  1. Amendments
  2. Any amendments to these regulations must be approved by a simple majority UBU Council.

1