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: 71 Legislation Number (B: Bill, R: Resolution): R47-57
Author:   Reza Zomorrodian   Second:  Brian Dinh
Synopsis: By-Law Amendement: Elimination of the Secret Ballot
Date of Presentation: February 26, 2012
 

 

Whereas ASUCI is a forum of transparency and is established to represent the students,
 
Whereas ASUCI Legislative Council is often described as the "Voice of the Students" and is directly elected and directly represents the students and their specific fields of study,
 
Whereas Legislative Council is meant to be an open forum with a wide form of transparency in its procedures, application, and voting,
 
Whereas each "full" member of Council has a right to vote "Yes", "No", and "Abstain" on any given Bill or Resolution that Legislative Council is deliberating on,
 
Whereas Legislative Council votes publicly and allows members of the public present to see each vote that a specific member of council makes, 
 
Whereas attempts have been made previously to hold a "Secret Ballot" vote while Council has been in session on given Resolutions or Bills, 
 
Whereas the the procedure to motion for a Secret Ballot is not outlined in the ASUCI By-Laws and is not directly outlined in any given governing document ASUCI Legislative Council operates under,
 
Whereas the ambiguity of the statues of motioning for a Secret Ballot remains under the interpretation of the select members as it is not exclusively denied or permissible under the current statues that govern voting procedures for ASUCI Legislative Council,
 
Whereas the Secret Ballot is undemocratic and anti-transparency in every context for elected representatives who are suppose to be open and transparent about their actions to their constituents, as they are elected to represent them and thus have a duty to their constituents to have their votes on given issues known,  
 
Whereas the only purpose of the Secret Ballot is for the protection of individual voters who are electing leaders and thus are due privacy to not be coerced into voting for a given individual and this same principle does not apply to elected members who are suppose to run an open and transparent government,
 
Let it be resolved that an amendment be made to the governing ASUCI By-Laws in Section "VII Voting", creating a new Subsection "E", exclusively denying the use, ability, and motion for a Ballot vote in the context of voting on any Resolution or Bill that Council has before them in order to protect transparency and accountability in student government,
 
Let it further be resolved that the only exception for a Ballot or Secret Vote would be for a Resolution appointing Legislative Council officers, like the Council Speaker and Council Secretary, and making other sensitive appointments that would require Legislative Council members to choose one Representative over another or in cases of dismissing or retaining Representatives. This exception is only to help uphold Council moral and not compromise Council's ability to operate and cooperate among one another. 
 
Let it further be resolved that no motion be permissible that obstructs the members of the public who are present at Legislative Council meetings from seeing how each member of Legislative Council votes, whether it be "Yes", "No", or "Abstain",
 
Let it further be resolved that this resolution take action immediately if passed,
 
Let it further be resolved that the change to the ASUCI By-Laws be exactly as shown below in bold:
 
E. The motion for a Ballot vote ,or any motion that obstructs the ability of any given member of the public the ability to see, understand, or identify how a given member of Legislative Council votes, be exclusively denied on any given Resolution or Bill. All votes on any given Resolution or Bill shall be done in a fashion that allows members of the public, present or not present, to see and be able to interpret how each member of Legislative Council has voted on any given Resolution or Bill, through the traditional "Yes", "No", or "Abstain" vote. The only exception shall be for the appointment of Legislative Council officers, like the Legislative Council Speaker or Legislative Council Secretary, or making any other sensitive appointments that would require Legislative Council members to choose one Representative over another. An exception shall also be granted to allow a Ballot vote procedure if Legislative Council is voting to retain or dismiss Legislative Council members. These exceptions shall only be in place to protect Legislative Council's moral and to not compromise Legislative Council's ability to operate and cooperate among one another. 
 
The New Revisions shall appear in bold as follows under section "VII Voting"in the newly created subsection "E":
 

VII. VOTING

A. All duly elected or appointed voting Council members in good standing shall have full voting rights and privileges on the floor.

B. Voting on main motions shall be by roll call on the demand of three (3) voting Council members.

C. Only seats present and exercising their right to vote shall be counted when determining majority or two-thirds (2/3) votes.

D. If a Council member abstains on a vote, that member is voluntarily refraining from voting. Abstentions are therefore non-votes and shall not be counted as either yes or no, but shall count in the total number of votes.

E. The motion for a Ballot, or any motion that obstructs the ability of any given member of the public the ability to see, understand, or identify how a given member of Legislative Council votes, be exclusively denied on any given Resolution or Bill. All votes on any given Resolution or Bill shall be done in a fashion that allows members of the public, present or not present, to see and be able to interpret how each member of Legislative Council has voted on any given Resolution or Bill, through the traditional "Yes", "No", or "Abstain" vote. The only exception shall be for the appointment of Legislative Council officers, like the Legislative Council Speaker or Legislative Council Secretary, or making any other sensitive appointments that would require Legislative Council members to choose one Representative over another. An exception shall also be granted to allow a Ballot vote procedure if Legislative Council is voting to retain or dismiss Legislative Council members. These exceptions shall only be in place to protect Legislative Council's moral and to not compromise Legislative Council's ability to operate and cooperate among one another.  

 
 
Referred to: Rules Committee on: Rules: Pass
Vote Required: Three-Fourths FINAL VOTE: Passed YEA: 11 NAY: 1  ABS: 4
 
THE LEGISLATIVE COUNCIL OF THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF CALIFORNIA, IRVINE ON THE DATE OF April 10, 2012 HAS TAKEN ACTION ON THIS LEGISLATION.    
   
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Executive Vice President, ASUCI      Verification of Executive Cabinet