9. Division Elections [3]

(En. 11.8.07)
  1. General Provisions

Subject to provisions in these By-Laws, all Divisional elections and ballots are to be conducted by paper or electronic means. If an election is conducted electronically, Berkeley Division members may request a paper ballot from the Secretary in writing. The Division Secretary, in consultation with the Committee on Rules and Elections, shall decide whether the election or ballot will be conducted by paper or electronic means.       

  1. Notice of Election

Not fewer than 30 days of instruction prior to the election, the Secretary must send to each voting member of the Division a Notice of the Election.

  1. Nominating Petitions
    • Nominating Petitions must be filed with the Secretary within 10 days of instruction after the Notice of Election has been sent.
    • A Nominating Petition must be signed by five voting members of the Division, and must state the departmental affiliation of the nominee and nominators.
    • The nominee must certify acceptance.
  1. Voting
    1. By paper ballot:
      • At least 14 calendar days before the Election, the Secretary must mail to each voter a list of all nominees, stating their nominators and departmental affiliation of each.   
      • The list of nominees must be accompanied by a ballot listing the nominees alphabetically, a plain envelope in which the voter is to enclose the marked ballot, and a further envelope addressed to the Secretary to be used for return of the sealed ballot.
      • The voter must be notified that:
        • All ballots must be returned to the Secretary no later than the date of election;
        • A ballot is invalid if more names are marked than there are vacancies to be filled, or if the ballot lacks the signature of the voter in the space provided on the return envelope;
        • A voter who spoils a ballot may, by tearing it across once and returning it to the Secretary, obtain another. (EC.00)
    1. By electronic ballot:
      • At least 14 calendar days before the Election, the Secretary must make available to each voter an electronic ballot of all nominees, stating their nominators and departmental affiliation of each.
      • Each voter will have access to a secure, web-based voting system that is administered by the Academic Senate office.
      • The voting system will authenticate the identity of each voter and separate the identity of each voter from his or her vote to maintain the confidentiality of the voting process.
      • The voting system will be designed so that once a vote has been cast, neither the voter nor anyone with access to the system can change the vote.
      • If a Senate member prefers a paper ballot, the Berkeley Division will make one available upon written request. If a voter submits both an electronic and a paper ballot, the electronic ballot will take precedence and the paper ballot will be destroyed prior to the count.
  1. Election of At-Large Members to the Divisional Council
    • At-Large members shall be elected at the same time as members of the Committee on Committees and in the manner outlined in this By-Law, except that the number of nominations must be at least twice as many as there are places to be filled; the Committee on Committees will add the necessary number of nominees to complete the slate if the number of Nominating Petitions received from the membership is fewer than the number required.
  1. Election of Committee on Committees Members
    • Committee members are elected in accordance with Senate and Berkeley Division By-Laws.
    • Candidates receiving votes on at least 35% of the valid returned ballots are to be declared elected.
    • If more candidates receive votes on at least 35% of the valid ballots cast than there are vacancies to be filled, those having the highest percentage are to be declared elected.
    • If fewer candidates receive votes on at least 35% of the valid ballots cast than there are vacancies, a second ballot must be taken. It must list the nominees not elected but receiving the highest percentage on the first ballot, but not to exceed twice the number of remaining vacancies.  (CC. 12.6.07)
    • Those receiving the highest percentage on the second ballot are to be declared elected for such vacancies as exist. A tie for the last vacancy is broken by lot.

Notes

3 By-law 9 contains sections of By-laws that were amended at the 4.26.01 Division meeting.