Whereas, the ASUCI Elections Commission is the governing body that regulates, enforces, and carries out punitive measures for violations of the ASUCI Elections Code,

Whereas, the ASUCI Elections Commission's main objective is to uphold the standards of a fair democratic elections process, protect candidate's rights, and most importantly protect voter's rights,

Whereas, the ASUCI Elections Commission looks to candidates to ensure that they are holding proper and fair campaigns and holds candidates responsible to "familiarize" themselves with the ASUCI Elections Code,

Whereas, punitive measures are only evoked by the ASUCI Elections Commission when there has been reasonable cause for them to enact such measures or when a complaint filed by another party is successfully proven to the ASUCI Elections Commission, 

Whereas, the current punitive measures that can be evoked by the ASUCI Elections commission only involve two stages of action "Censure" and "Disqualification",

Whereas, the gap in severity of these two punitive actions are great and often do not fill the needs/proper use of punitive measures of some violations that have occurred during the campaign of a candidate or after the elections have ceased,

Whereas, the degree in severity revolves from either being Censured or a "Public acknowledgement of wrong doing of a candidate", which is a toothless effort, and Disqualification-the highest degree of punishment where one is fully dismissed from electoral activities and is no longer eligible to hold office or continue to run for office in a given race even after elections have ceased,

Whereas, it is necessary to have varying degrees of punitive measures for the Elections Commission in order allow them to have proper enforcement of the ASUCI Elections Code and properly give a set punishment for a set action and not a arbitrary great punishment like disqualification or an arbitrary lower punishment like censorship for a violation that would meet neither current punitive measure, however have a few degrees of median punishment to enforce policies that if violated would not necessarily fall under either of the current two methods of punitive measures, 

Whereas, the ASUCI Elections Commission has also made a personal appeal to ASUCI Legislative Council to create new punitive measures that cold be endowed upon the ASUCI Elections Commission in order to allow for more appropriate punishments that correlate to the nature of violation by the candidate,

Whereas, currently these two extremes of punishment-Censorship and Disqualification-do not meet the needs for all potential violations that could occur, one either being too soft on the candidate the other being to harsh on the candidate,

Whereas, the ASUCI Elections Commission should have guidelines as to what punitive measures should be carried out judging on their own discretion as a commission on the severity of the violation and then applying these broad measures to said violators, in order to maintain ASUCI Elections Commission's autonomy as a regulatory body, 

Let it Be Resolved that an amendment be made to the ASUCI Elections Code that would create a 5 Level degree of punitive measures that could be evoked by the ASUCI Elections Commission based on the degree of severity of any said violation that they would interpret brought forward to them, 

Let it further be resolved that a new "Sub-section 11" be created that shall state any violation of the ASUCI Elections Code not explicitly stated in subsections 1-10 can receive punitive measures.

Let it further be resolved, the Five Levels of Punitive Measures would be describes as follows:

Level 1 Censorship: Censorship of a candidate(s) in violation of an ASUCI Elections Code. Censorship would be only reserved to be invoked into action for only during the actual election cycle in order to have some punitive measure on the Candidate. It may not be employed after the election has ceased/ended. Censorship will require the ASUCI Elections Commission to publish a statement to ASUCI website elections page and employ ASUCI social media stating that a Candidate ,or Candidates, has been found guilty of a said violation and that ASUCI Elections Commission condemns this action by the candidate. 

Level 2 Restrictions on Posting: Restrictions on Posting will include a moratorium on any type of posting of campaign material for a candidate or candidates on any surfaces outlined in the UC Irvine posting policy. This moratorium shall last for three days and shall not permit the candidate to put up additional campaign material for three days from the exact time of the ruling carried out by the ASUCI Elections Commission. It will be noted by the Elections Commissioner what time the ruling was made and that this punitive measure shall last until that time has elapsed for a period of three days. If Level 2 is imposed on a candidate(s) neither they nor their campaign will be able to put up new material, but will be permitted to keep up whatever material they already have. Candidates will also be permitted to continue to booth and pass out campaign material with their campaign team to pedestrians. This measure can only be employed during the election cycle and not after it has ceased.

Level 3 Moratorium of Boothing and the Distribution of Campaign Material: This level shall include aspects of Level 2 requiring a candidate(s) and their campaign(s) to cease the posting of campaign material on any surfaces outlined in the UC Irvine posting policy (excluding already posted material), prohibiting boothing for said candidate(s) and their campaign(s) on UC Irvine grounds or anywhere administrated by the Student Center that rents spaces, and the ceasing in distribution and soliciting of campaign material to pedestrians for three days. The exact time of this ruling shall again be noted by the Elections Commissioner and recorded and the punitive measure shall be carried out for three days from that time recorded. This measure can only be employed during the election cycle and not after it has ceased.

Level 4 Suspension of Campaign: This level shall include the full suspension of a said candidate's campaign. This includes a full cease in boothing, posting of campaign material, soliciting about ones campaign/candidacy on UC Irvine grounds, and a cease in distribution of campaign material/literature to the general populace. In addition to the suspension of the campaign the ASUCI Elections Commission shall also release a notice like the one from Level 1, expressing the charges and publicly condemning the action of the candidate(s) and their campaign(s) through the medium of the ASUCI Elections website and the social media available to ASUCI. This punitive measure shall be implemented for a week (7 days) from the ruling and the exact time as to when the ruling was issued and it shall be enforced from seven days from that time. This measure can only be employed during the election cycle and not after it has ceased. 

Level 5 Disqualification: The measure of disqualification can be evoked both during the election cycle and when it has ceased. It is the only punitive measure that can be enforced at both times. Disqualification shall be reserved as the highest form of punishment for a violation of the ASUCI Elections Code. Its use, like the other levels of the the Five Levels of Punitive Measures, shall be evoked at the discretion of the ASUCI Elections Commission. 

Let it further be resolved that the following changes to the ASUCI Elections Code appear exactly as shown below in bold, inserting the new 5 Levels of Punitive Measures as section "B" and shifting the other sections to their next respective letter and thus creating a new section "I". As well the addition of "Sub-Section 11" Under section C: 

XXI. VIOLATIONS OF ELECTIONS REGULATIONS AND PENALTIES 

A. This purpose of the elections code is to protect the rights of the student body to make informed and independent decisions about candidates and other ballot measures, as well as to ensure that candidates have an equal opportunity to solicit votes. Therefore disqualifications should be reserved for instances where there are serious violations of student rights that impeded students ability to fairly or fully participate in the democratic process. 

B. The Five Levels of Punitive Measures are: 

Level 1 Censorship: Censorship of a candidate(s) in violation of an ASUCI Elections Code. Censorship would be only reserved to be invoked into action for only during the actual election cycle in order to have some punitive measure on the Candidate. It may not be employed after the election has ceased/ended. Censorship will require the ASUCI Elections Commission to publish a statement to ASUCI website elections page and employ ASUCI social media stating that a Candidate ,or Candidates, has been found guilty of a said violation and that ASUCI Elections Commission condemns this action by the candidate. 

Level 2 Restrictions on Posting: Restrictions on Posting will include a moratorium on any type of posting of campaign material for a candidate or candidates on any surfaces outlined in the UC Irvine posting policy. This moratorium shall last for three days and shall not permit the candidate to put up additional campaign material for three days from the exact time of the ruling carried out by the ASUCI Elections Commission. It will be noted by the Elections Commissioner what time the ruling was made and that this punitive measure shall last until that time has elapsed for a period of three days. If Level 2 is imposed on a candidate(s) neither they nor their campaign will be able to put up new material, but will be permitted to keep up whatever material they already have. Candidates will also be permitted to continue to booth and pass out campaign material with their campaign team to pedestrians. This measure can only be employed during the election cycle and not after it has ceased.

Level 3 Moratorium of Boothing and the Distribution of Campaign Material: This level shall include aspects of Level 2 requiring a candidate(s) and their campaign(s) to cease the posting of campaign material on any surfaces outlined in the UC Irvine posting policy (excluding already posted material), prohibiting boothing for said candidate(s) and their campaign(s) on UC Irvine grounds or anywhere administrated by the Student Center that rents spaces, and the ceasing in distribution and soliciting of campaign material to pedestrians for three days. The exact time of this ruling shall again be noted by the Elections Commissioner and recorded and the punitive measure shall be carried out for three days from that time recorded. This measure can only be employed during the election cycle and not after it has ceased.

Level 4 Suspension of Campaign: This level shall include the full suspension of a said candidate's campaign. This includes a full cease in boothing, posting of campaign material, soliciting about ones campaign/candidacy on UC Irvine grounds, and a cease in distribution of campaign material/literature to the general populace. In addition to the suspension of the campaign the ASUCI Elections Commission shall also release a notice like the one from Level 1, expressing the charges and publicly condemning the action of the candidate(s) and their campaign(s) through the medium of the ASUCI Elections website and the social media available to ASUCI. This punitive measure shall be implemented for a week (7 days) from the ruling and the exact time as to when the ruling was issued and it shall be enforced from seven days from that time. This measure can only be employed during the election cycle and not after it has ceased. 

Level 5 Disqualification: The measure of disqualification can be evoked both during the election cycle and when it has ceased. It is the only punitive measure that can be enforced at both times. Disqualification shall be reserved as the highest form of punishment for a violation of the ASUCI Elections Code. Its use, like the other levels of the the 5 Levels of Punitive Measures, shall be evoked at the discretion of the ASUCI Elections Commission. 

C. The following violations are grounds for the application of any of the 5 Levels of punitive measures on a candidate(s) and their campaign, depending on the severity of inappropriate conduct as determined by the Elections Commission. It shall be under the discretion of the Elections Commission as to what Level shall be applied to the violations stated: 

1. Failure to turn in a Financial Statement by the deadline specified in Article VII 
2. Receiving donations or endorsements in violation of this Elections Code. 
3. Falsifying Candidate Endorsement forms or endorsements on any advertisement, poster, leaflet, or other campaign materials. 
4. Failure to comply with University Policy, which includes Housing Complex Rules and Federal and State Law. 
5. Failure to comply with University Posting Policy. 
6. Campaigning or public announcement of candidacy prior to filing a declaration of candidacy. 
7. Failure by parties or individuals who endorse/support a candidate to abide by the Elections Code. 
8. Solicitation of votes inside or within fifty (50) feet of unofficial polling locations in. 
9. Falsifying a Financial Statement. 
10. Failure to comply with the UCI Principles of Community. 
11. Or any other violation brought forward that is found to violate the ASUCI Elections Code that is not explicitly states in the above 1-10. 

D. All complaints must be submitted on an official ASUCI complaint form. Official complaint forms are available and must be submitted to the front desk of the ASUCI office. 

E. Complaints by individuals shall be in writing and shall include the following: 

1. The Article, Section, and Part of this code that has been violated. 
2. Who allegedly is in violation. 
3. Where the alleged violation occurred. 
4. When the alleged violation occurred. 

F. Any member of the Elections Commission may initiate a complaint

G. 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 in writing 

H. The Elections Commission shall provide the accused candidate with an opportunity to respond to the charges in writing. The Elections Commission will meet with the accused candidate or the complainant. This meeting is an Evidentiary Hearing and official minutes will be taken by the Deputy Commissioner of Logistics to be presented to the Judicial Board to determine whether the decision was made constitutionally in the case that the decision of the Elections Commission is appealed by the candidate. 

I. Official Complaint Forms must be submitted online no later than Friday at 4:00pm of Elections Week to the front desk of the ASUCI office. After this time no complaints shall be accepted