REQUEST FOR ACTION BY THE LEGISLATIVE COUNCIL 
 
All requests may be typed and submitted to the Executive Vice President no later 5:00 p.m. Thursday in order to be included in the agenda for the following Tuesday. The Executive Vice President reserves the right to delay the Request for Action to a later Council session if the Executive Vice President feels the agenda for the next schedule meeting is full.
 
Item Number: 65 Legislation Number (B: Bill, R: Resolution): R46-56
Author:   Henry Wang   Second:  Charlene A. Ip
Synopsis: ASUCI Elections Candidate Privacy
Date of Presentation: 1/11/2011
 

This resolution has been created to protect all prospective, past, present, and future members of Associated Students - University of California, Irvine from disclosure of documents, specifically those pertaining to campus wide elections. These documents contain personally identifiable information that may cause harm to the individual’s reputation in the near future.

Whereas, students participating in campus wide elections are not afforded privacy protections since documents regarding their disqualification are published online; 

Whereas, candidate disqualifications from a student election usually occur on highly subjective and technical grounds;

Whereas, a disqualification from school elections should not defame an individual during his or her entire lifetime;

Whereas, campus wide elections are private for the following reasons:

i.)                  Not required to be 18 to vote;

ii.)                U.S. Citizenship not required;

iii.)              No residency requirements;

iv.)              Votes are not certified through the County Registrar of Voters or Secretary of State;

Whereas, current ASUCI protocols do not exist to assure compliance with State and Federal Laws, particularly the Family Education Rights and Privacy Act (FERPA);

Let it be resolved that ASUCI, specially professional staff, will take the following actions to ensure privacy of all past, present, and future UC Irvine students and respective pertaining documents, regardless of date of publication and candidacy:

i.)                  Removing personally identifiable information as defined in Section 130.241 of the University of California Policies Applying to Campus Activities;

ii.)                Accepting and complying with written requests to destroy elections documents if regarding a candidate’s disqualification;

iii.)              Allowing only persons with UCInetID to access these documents;

Let it further be resolved that Legislative Council amend the ASUCI Elections Code, Article XXI, Section F to reflect the amendments listed below [edits in brackets and italicized] while deletions are struck out (Ex. Struckout):

The Elections Commission shall review all official complaints and, if necessary, hold Evidentiary Hearings to try the complaints. Decisions rendered by the Elections Commission will be published [displayed, not published] in writing. [Under no circumstances shall documents pertaining to the disqualification of a candidate be posted on the world wide web or any other electronic medium for all past, present and future elections]

Let it further be resolved that Legislative Council amend the ASUCI Elections Code, Article XI, Section 4, Part C to reflect the amendments listed below [edits in brackets and italicized] while deletions are struck out (Ex. Struckout):

Hold Evidentiary Hearings as part of the Elections Commission to review official ASUCI Complaints, as well as any official complaints submitted by students or candidates. All decisions on official complaint(s) shall be in writing and posted on the bulletin board outside the ASUCI offices as soon as the Elections Commission reaches a decision. [Under no circumstances shall documents pertaining to the disqualification of a candidate be posted on the world wide web or any other electronic medium for all past, present and future elections]

Let it finally be resolved that the ASUCI Elections Code be immediately updated to reflect these changes and implementation of these procedures exist no later than 30 days.

 
Referred to: Rules and Finance Committee on:
Vote Required: Two-Thirds FINAL VOTE: Tabled YEA:  NAY:  ABS: 
 
THE LEGISLATIVE COUNCIL OF THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF CALIFORNIA, IRVINE ON THE DATE OF  HAS TAKEN ACTION ON THIS LEGISLATION.    
   
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Executive Vice President, ASUCI      Verification of Executive Cabinet