Bye Laws of

Bucks Students’ Union:

REFERENDA

August 2014

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REFERENDA

Occurrence

1. Any question, save those relating to private and confidential matters, or those for which alternative procedures are established in the Union’s constitution or its Bye-Laws, may be put to a referendum.

2. Phrasing the question to be put to a referendum shall be the responsibility of the Returning Officer, who shall consult with the Executive Committee on the matter, however the referenda request should ensure that responses can be gauged by a ‘Yes/No’ vote.

3. As per Clause 19 of the Bucks Students’ Union Constitution, a referendum may be called by:3.1. a resolution of the Trustees;3.2. a majority vote of the Union Council; or 3.3. a Secure Petition signed by at least 200 Members.

4. Referenda requests shall state the names of the Proposer and Seconder of the motion to be the subject.

5. Signatures constituting the Referenda Petition to the President shall only be valid if accompanied by proof of ordinary membership status of the Union (e.g. University I.D. number)

6. Petitions should also provide a contact name and address, to which acknowledgement of the petition may be sent. On receipt of a petition for a referendum, the President shall notify the Returning Officer, who shall forward written acknowledgement of receipt to the contact name and address provided.

7. No questions of like nature shall be put to a referendum within 12 (twelve) calendar months of a previous referendum.

Notification

8. The Returning Officer shall give at least 12 working days notification of a referendum.

9. Objections must be lodged with the Returning Officer no later than [2] working days after notification and shall be ruled upon no later than [3] working days after notification. If necessary, the Returning Officer shall issue revised notification no later than [4] working days after the original notification.

10. Notification shall be given on the Students’ Union website and highlighted to members by email and shall include:10.1. the subject and exact motion of the Referenda10.2. information on how to lodge objections with the Returning Officer10.3. information on how to vote (e.g. links to online voting and the times at

which the poll is open)

11. Publicity shall be distributed to all campuses of the University and online no later than 7 working days before the poll.

Debate

12. The Returning Officer will call at least one open debate at which interested parties may debate the question to be put to a referendum, in order to inform the union membership of the issues involved, between the official notification of a Referendum and voting.

13. Both sides shall, at the start of the meeting, be entitled to speak for an allotted time.

14. All questions must be addressed to both sides of the debate.

Coordinating Committees

15. A Referendum Coordinating Committee shall be appointed by those full time members of Bucks Students’ Union who inform the Returning Officer, no later than 5 working days after the notification of the poll, that they either wish to support or oppose the motion to be the subject. There shall be one committee for those opposing the motion and one for those supporting the motion.

16. Each Referendum Coordinating Committee shall be responsible for the actions of its supporters.

17. Each Referendum Coordinating Committee shall appoint a Chair and inform the Returning Officer. Each Chair shall be made aware of the Students’ Union Constitution and regulations, particularly with regard to quorum.

Voting

18. All referenda shall be conducted by open cross campus ballot in a manner approved by the electoral reform society. The question shall be determined by the means of a Yes/No vote.

19. Only full members of Bucks Students’ Union may be eligible to vote.

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20. Ballot boxes shall be open for at least the Tuesday, Wednesday and Thursday of the 3rd (third) week after receipt of the petition.

21. Polling stations clerked by Students’ Union Staff shall be made available at the discretion of the Returning Officer in consultation with Union Council. No member of a Referendum Coordinating Committee shall preside at or over a polling station. No open support may be given at a ballot box.

22. A copy of a manifesto for each Referendum Coordinating Committee shall be made available online.

Returning Officer and Union Council

23. Union Council shall act as Elections Committee for the duration of the Referendum, overseeing the general conduct of the referendum to ensure a balanced debate.

24. Union Council shall meet as often as necessary during Referenda. The Referendum Coordinating Committees’ Chairs shall be invited to attend such meetings.

25. A member of Union Council shall be deemed to have resigned for the duration of the Referendum if he/she is considered to have partial interest by a simple majority of Council excluding the member in question.

26. No member of Union Council or Students’ Union staff shall openly express any opinion about the Referendum Coordinating Committee during the course of the Referendum.

27. The Returning Officer for referenda will normally be an external professional supplied by the National Union of Students or a senior manager of the Students’ Union.

28. Union Council shall have the power to appoint Deputy Returning Officers to assist in the poll, the count, the preparation of the Referenda and the chairing of debates.

Financial Support

29. No Union funded resources, except for room bookings, shall be made available for referendum campaign activity. Use of union facilities for referendum campaign activity shall be subject to the standard scale charge(s) applicable.

Publicity

30. Union Council along with the Returning Officer shall make appropriate arrangements for publicising the referendum on all sites of the University.

31. No campaign team may interfere with campaign publicity.

Count

32. The count shall occur as soon as is practicable after the close of poll, normally on the Friday of the 3rd (third) week after the receipt of the petition, unless Union Council should find reason to delay the count.

33. Each Referendum Coordinating Committee will be permitted to nominate one individual to monitor the count on their behalf who shall not assist in the count.

34. The Returning Officer shall rule on whether a ballot paper is determined “Spoilt”.

35. The Returning Officer, at their discretion, may initiate a recount and subsequent recounts.

36. Candidates are entitled to a recount if requested, and discretion is given to the Returning Officer to initiate subsequent recounts.

37. The result of the poll shall normally be declared first to the coordinating committees and then publicly.

38. The result of the poll shall be published, regardless of the turnout, as soon as reasonably practicable after the result is declared.

39. Voting papers shall not be destroyed until after the deadline has passed for an appeal to be lodged. In the event of such an appeal, voting papers shall not be destroyed until after the emergency meeting of Council.

40. A motion shall fail in a Referendum in the event of a tie.

41. Subject to the provisions of this section of the constitution, the outcome of any questions put to a referendum shall be known by the (third week), counting from the Monday after the resolution of the Union Council or Board of Trustees, or Receipt of the petition.

Grievances

42. Union Council shall act as a body to which full members of the Students’ Union, either as a group or as individuals, may take grievances concerning any aspect of the conduct of Referenda, including individual campaigns. Such grievances shall be made in writing to the Returning Officer.

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Appeals

43. An appeal against the validity of the poll, except by Elections Committee, shall be submitted to Elections Committee by at least 50 persons entitled to vote. Such a submission must be made no later than 3 working days after the close of poll and must contain the reasons for the appeal. Union Council shall deliberate and make recommendations on such issues to the Returning Officer.

Complaints

44. Any complaint on the conduct of the referendum or of any violation of this Bye-Law shall be made in writing to the Returning Officer before the start of the count or, in the case of a complaint relating to the count, within five clear working days from the announcement of results. The Returning Officer shall make any recommendations they may see fit to the Trustee Board.

45. Any party who is declared to have won and against whom a complaint is lodged shall be deemed successful until a decision is made on the complaint.

46. All results of referenda shall be reported by the next meeting of the Executive Committee. The Returning Officer shall keep all papers pertaining to the referendum until this meeting, or for one calendar month or until the complaint has been resolved, whichever is the longer period.

Review

47. This Bye Law will be reviewed on an annual basis by the Students’ Union Governance Committee in consultation with Union Council and any other staff/officers involved in the administration of elections.

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Bucks Students’ Union

Queen Alexandra Road, High Wycombe, Bucks HP11 2JZ

Tel: 01494 601 600 Email: union@bucks.ac.uk Website: bucksstudentsunion.org

Bucks Students’ Union is a registered charity – no. 1144820 VAT Reg. No. 669 0980 87