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端 NOMINATION PACK 2013
1 This is the Nomination Pack for the Oxford University Student Union 2013 elections. There is a huge array of positions up for grabs in this set of elections and they are a great way to get involved with the work we do. Voting in the elections themselves will take place from 08:00 on Tuesday of 6th week to 18:00 on Thursday of 6th week, but nominations close (and campaigning begins!) before this at 12:00 on Thursday of 4th week. We’ve created this pack to make it as easy as possible for you to run for any of these positions, no matter how little experience you’ve had of OUSU, elections, or even Oxford University. All the basic information you need to take part should be included here, and while this pack is mainly supposed to make the elections as easy as possible to participate in, you should also look out for references to the Election Regulations and descriptions of the restrictions which are placed on candidates. RO Directions You should pay special attention to the boxed out sections within this document. These are binding Directions made by the Returning Officer. These are repeated in Appendix 2 and must be followed by everyone involved in the election. We hope you find this helpful, but we know that we won’t have been able to answer all your questions here, so please email the Returning Officer at ro@ousu.org or any of the sabbatical officers listed at www.ousu.org if you would like any information on how the elections work, or what different roles involve. Happy campaigning! OUSU Team 2013-2014 Contents: 1. Key Points for Candidates 2. Key Points for Agents 3. How to become a Candidate 4. Details of the Election 5. Guidance on Manifestos 6. Guidance on Publicity and Media Engagement 7. Expenditure Limits and Slates 8. Hustings 9. Complaints 10. Elections Committee and the University’s Role in Elections 11. Eligibility for trustee positions 12. Nomination Form (Nominations Close Thursday 7th November at noon) Appendices 1 (Eligibility) and 2 (Directions of the RO, as of 14th October 2013) Other Resources: Election Regulations, RO Rulings and all further details can be found at www.ousu.org Glossary Slate – Two or more candidates who run together as a team in the election. This is only for campaigning purposes; votes for each position are counted separately. Agent – An individual nominated by a candidate or slate to represent them in election proceedings. Supporter – Anyone who supports a candidate or slate by word or deed. RO – Returning Officer.
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1. Key points for Candidates We would really encourage you to read this Nominations Pack carefully, as it contains all the information you should need about what the elections are, how they will run, how to nominate and the regulations in place to ensure the election is run fairly and properly. However, we would like to draw your attention to a few key points sometimes missed by candidates!
1. Close of Nominations Nominations close on Thursday of 4th week at 12pm. A completed nominations form, a manifesto (if you wish to provide one) , a blurb and photo for the OxStu (again, if you wish to) and a deposit must be completed and handed into the OUSU offices by this time or your nomination will not be valid! Manifestos and blurbs/photos must be in the format specified on page 9! 2. Slates Candidates can either run independently, or as part of a team (known as a “slate”). Slates are subject to certain restrictions detailed in this pack, but candidates cannot support other candidates unless they are on a slate together. 3. Campaign expenditure There are limits on how much candidates can spend during the elections, detailed in this Pack. Candidates and slates MUST keep all receipts to submit to the RO. RO Direction 4. Printed campaign material Any print materials (posters, leaflets and fliers, etc.) used must be purchased from the Gloucester Green branch of Press to Print and must have the ‘OUSU’ stamp visible on them. This guarantees no candidates gain an advantage because, for instance, they can access free printing facilities. 5. More campaigning, less complaining Most importantly, this election is a great opportunity to promote the great work done at OUSU to students across the university and find the best candidates to continue this work. To this end, we want to see great campaigning, not great complaining. The Election Regulations, many of which are described in this Pack, are there for a good reason to ensure a fair election. However, we would love a complaint-free election and the best way to do this is – don’t break the regulations!
If you have any questions after reading this Pack, you can ask the Returning Officer (a student elected by OUSU Council to oversee the election), either by emailing ro@ousu.org or in person at one of the three briefings that will be held at 12pm on Saturday of 4th week, Sunday of 5th week and Monday of 5th week (9th-11th November) in the OUSU offices. (Attendance at one of these briefings is compulsory for all candidates and agents.)
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2. Key points for Agents We would really encourage agents to read this Nominations Pack super carefully, as it should hopefully answer many of your questions. However, in addition to the key points for Candidates, we wanted to highlight some additional points for agents:
1. Lead agent Even when a Slate has multiple Agents, you must nominate one as the Lead Agent. The Lead Agent will be the primary point of contact for the Returning Officer, if necessary, and is responsible for submitting a separate Slate Nomination Form (with a Slate deposit of £50) before the Close of Nominations, and for submitting all receipts for Slate expenditure shortly after the Close of Poll. 2. Nominations Please ensure all Candidates submit all necessary information by the Close of Nominations! We have included a checklist on the Nominations Form. As is made clear later on, full manifestos will not appear in the OxStu this year (details on page 9) and we encourage all candidates to write a blurb instead. Slates may nominate together, and it would be appreciated if you email the RO in advance to say when you plan to do this.
3. Rulings of the Returning Officer This is detailed in Section 9. This Pack is provided as guidance; this means that (except for information in boxed out, repeated in Appendix 2) it is not binding, although most of it refers to Election Regulations which are of course binding. The Returning Officer may also make Rulings, which can either be “interpretations” (determining what the regulations mean) or “directions” (applying the regulations to an election or specific case). Disregarding Rulings is a breach of the Election Regulations. It may also be an Electoral Offence. If you make a Complaint, you may reference a breach of the regulations or that an Electoral Offence has occurred. In this event the RO may impose sanctions if the Complaint is upheld. Stronger sanctions are possible following an Electoral Offence. Your point of reference is Schedule 2 to the Election Regulations, but we would strongly advise contacting the RO if you require advice. 4. More campaigning, less complaining We want to reiterate this… Once again, any questions, ask the Returning Officer by emailing ro@ousu.org or in person at one of the three briefings (Attendance at briefings is also compulsory for all agents.)
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3. How to become a Candidate The positions you can run for in the elections are as follows:
SABBATICAL OFFICER (FULL-TIME) POSITIONS President Vice-President Vice-President Vice-President Vice-President Vice-President
(Access and Academic Affairs) (Charities and Communities) (Graduates)* (Welfare and Equal Opportunities) (Women)*
EXECUTIVE OFFICER (PART TIME) POSITIONS Academic Affairs Campaigns Officer Access and Admissions Officer Black and Minority Ethnic Students’ and Anti-Racism Officer Clubs and Societies Support Officer Common Room Support Officer Community Outreach and Charities Officer Disabled Students Officer Environment and Ethics Officer Graduate Academic Affairs Officer* Graduate International Officer* Graduate Welfare Officer* Graduate Women’s Officer* Health and Welfare Officer International Students Officer LGBTQ Officer Mature Students Officer Rent and Accommodation Officer Women’s Campaign Officer*
STUDENT TRUSTEES (x3) NUS DELEGATES (x5) *Everybody can run for all of these positions except only candidates who self-identify as a woman can stand for Vice-President (Women), Women’s Campaign Officer or Graduate Women’s Officer, and only graduates can stand for Vice-President (Graduates), Graduate Academic Affairs Officer, Graduate International Officer, Graduate Welfare Officer and Graduate Women’s Officer 1.
You may only run for one Sabbatical/Part-Time Executive position, but certain combinations of running for multiple positions are permitted; please see Appendix 1 (Election Regulation 18.5) for details. If you would like further details on any of the positions, please see www.ousu.org, or contact the current office-holder (details on the website) or the Returning Officer. 1
Full eligibility requirements are given in Election Regulation 18, printed in Appendix 1.
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Extra note for Candidates for Sabbatical offices and Student Trustee Candidates for Sabbatical offices and Student Trustee should be reminded that, if elected, they will become trustees of OUSU as a charity. This means that they have a legal responsibility to ensure that OUSU is well run. Charity trustees have a number of legal responsibilities: see link - http://www.charitycommission.gov.uk/trustees-staff-andvolunteers/trustee-role/becoming-a-trustee/. There are some circumstances that may prevent a person from becoming a trustee, such previous convictions or bankruptcy. More information on this is available in Section 11. Candidates for any of these positions will note an extra declaration in the Nominations Form asking them to confirm that there is nothing that will prevent them from becoming a trustee. This isn’t intended to discourage anyone (Sabbatical Officers in particular) from running for these positions, but simply to remind Candidates of their responsibilities if elected. As a candidate for Student Trustee is expected to remain in office for a full year, the Elections Committee consider that Candidates for Student Trustee should not be in their final year of their degree at the University.
Becoming a candidate If you’re interested in becoming a candidate, first of all – wonderful! To nominate yourself, please complete the nomination form found at the back of this pack. Candidates must also provide a deposit, which will be held by the RO until the results have been declared, or any outstanding Complaints concluded, whichever is later. Deposits are retained during the election in case the RO determines it necessary to withhold some or all of a candidate’s deposit following a breach of the regulations. However, subject to any deductions, deposits can be collected from OUSU after the election is considered over. The amounts of deposits are listed on the Nomination Form. For Sabbatical candidates, there’s one more request this year. We would like each candidate to come to the OUSU office and record a one-minute video about why they’re standing and what their policies are. This will take place at the end of 4th week, and you will receive more details when you come to nominate, or by contacting the RO. Candidates are also permitted to run on a “Slate” and campaign together, subject to certain restrictions. Details of Slates are given later (“Expenditure Limits and Slates”) but please contact the Returning Officer if you need further clarification.
And don’t forget that you will have to attend one quick briefing with the Returning Officer shortly after the Close of Nominations (the RO will email a reminder to all Candidates and Agents when nominations are announced). The briefing will simply be to reiterate the information given in this Nominations Pack, as well as offering an opportunity to meet the Returning Officer and ask any questions.
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4. Details of the election Timetable All being well, the election should run to the following timetable:
Opening of Nominations
Thursday 3rd week, 12pm
Close of Nominations
Thursday 4th week, 12pm
Publication of Nominations
Friday 4th week, 12pm
Candidate Briefings
Saturday 4th week – Monday 5th week (all 12pm)
Hustings
Sunday 5th week – Monday 6th week (times TBC)
(Central Hustings)
Wednesday 5th week, 6pm
Opening of Polls
Tuesday 6th week, 8am
Close of Polls
Thursday 6th week, 6pm
Deadline for Receipts
Thursday 6th week, 7pm
Count of Votes
Thursday 6th week, 8pm
Announcement of Results
Thursday 6th week, 8.30pm
The above timetable is however subject to change at the discretion of the Elections Committee if necessary to ensure a fair election2. (For example, in the event of a failure in the voting system, the Elections Committee may deem it appropriate to extend voting past 6pm, and all subsequent times will be extended accordingly.)
The Elections Committee intends that results will be announced live by the Returning Officer on Oxide Radio immediately after the count is completed; however, this plan is subject to change and the Returning Officer will confirm details for results night nearer the time to all Candidates and Agents.
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Election Regulation 12.5.
7 Recounts and reruns An incorrect count, or a count which was not fairly or properly conducted, may lead to the Elections Committee ordering a recount. This is likely to happen following a complaint. Junior Tribunal may instruct the Committee to order a recount. But where the Committee has a discretion whether or not to order a recount, it will have particular regard to circumstances where the fairness of the result is considered in doubt.
In more serious cases, the Elections Committee may declare an election void where it was not fairly or properly conducted. A void election will be re-run, usually as a By-election in Hilary Term 2014. In declaring an election void, the Committee will have particular regard to circumstances where the fairness of the result is considered in doubt. The Committee can order a recount or declare an election void whether or not someone was responsible for the count or election not being fairly or properly conducted.
Voting
Voting in all elections uses the Single Transferable Vote system (although since only one candidate is elected for Sabbatical and Part-Time Executive positions, this is in practice the Alternative Vote system). Full details of the voting system are available from the RO.
Voting in OUSU elections is remarkably simple!
1. Search your Nexus email for #ousu2013 and click the link. 2. Enter your Unique Voter Code (given in the email). 3. For each position, rank candidates 1, 2, 3 etc. until you no longer have a preference. (You may also vote for RON [Re-Open Nominations] for some positions, or Abstain).
Voters may vote for as many or as few positions as they like, and having voted for some positions, may go back before the Close of Polls to vote in further elections, provided they haven’t confirmed their selections by hitting Next and then confirming their choices. Votes will not be counted until the voter confirms their selections.
If you experience any problems when voting, or hear from voters of any such problems, please contact the RO (ro@ousu.org) ASAP who will happily provide assistance. The RO can also re-issue Unique Voter Codes if deleted (though the email is usually in Deleted Items‌)
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5. Guidance on Manifestos A manifesto is a document outlining who you are, why you are running for office, what you plan to do if elected and why people should vote for you. It is your chance to engage with voters who may not have met you. Manifestos are made available to students on www.ousu.org to help them make an informed decision when voting. Here are some things you should include in your manifesto, and six top tips:
Your Name – make it prominent so students remember your name when they vote! The Position You Are Running For - ensure your manifesto relates to this position. A Picture - this can go anywhere although most candidates favour towards the top. About You - tell the voters a bit about yourself: who you are, why you’re running for the position, your experience and what you would bring to the role. Your Policies and Pledges –what do you hope to achieve in your role, and how?
1. Ensure your manifesto is well researched and prepared; this will help you to be realistic with your pledges. Don’t assume what students’ issues are, ask them! 2. Think about the needs of all sorts of different students. 3. Don’t use vast amounts of text; the words on a manifesto are important but it is better when they are used sparingly and statements are clear and succinct. 4. Don’t assume that readers have any prior knowledge of elections or OUSU. 5. Try to make your manifesto relate to any print material you produce. 6. Check your spelling and grammar thoroughly before you hand in your manifesto. This year, to ensure no one is disadvantaged, we are offering the use of our Macs to prepare a manifesto at the OUSU offices during 3rd/4th week. To take advantage, please contact the RO for more details. Of course you are more than welcome to make your own. You do not have to submit a manifesto. However if you choose to, please read the Direction below.
RO Direction If you are going to submit a manifesto you must do so by the time nominations close at noon on Thursday of 4th week, BOTH in print form and electronically as a PDF e-mailed to ro@ousu.org. You must include on your manifesto the name of anyone who is involved in the design process of your manifesto. The RO can send back any manifesto that fails to meet this direction, contains unlawful, false, misleading or offensive material or which references other Candidates.
OxStu blurb – this year, the Elections Committee has decided that candidate manifestos will not be published in the OxStu as has happened previously. Instead, to create an even playing field, we invite candidates to write a short blurb, which will appear in a standard format in the OxStu next to candidates’ photos, the slate they’re running on (if applicable) and a Facebook/Twitter/website link for the full manifesto. Blurbs, and a photo (which should be of high resolution [at least 300ppi] and in .jpg/.tiff format) should be emailed to the RO by the Close of Nominations. Word limits are as follows: Sabbatical:
400 (we suggest: 100 for “why I’m running, 200 for “your vision and main pledges”, and 100 for “my experience”).
Part-Time Exec:
300 words (similar structure to above recommended)
NUS/Trustees:
150 words
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6. Guidance on Publicity and Media Engagement Supporters One of the basics for an effective campaign is to recruit other people to help you. You can ask other people to help spread your publicity e.g. by putting up posters and tweeting about your campaign. You may also use them to generate good publicity, for instance by getting support from influential individuals. Anyone can support a candidate or slate, subject to the restrictions in the Election Regulations, which stipulates that candidates who intend to campaign together or otherwise support one another must form a ‘slate’, or team.3 An endorsement is a term normally understood as a statement by an individual that they support a particular candidate or a slate, but the Election Regulations make no specific provisions for endorsements. A Supporter is anyone who supports a Candidate or a Slate in any way (therefore anyone who endorses a Candidate or Slate is simply counted as their Supporter). Do be aware that if your Supporters actively campaign for other Candidates (except those on a Slate with you) such activity may be interpreted as co-operation. This would be an infringement of the Election Regulation mentioned above, and a Complaint could be raised against you or your Slate.3 You can’t seek or claim the endorsement of OUSU or its employees, any Part-Time Officer or Student Trustee (excluding those who are also a Candidate), an External Trustee, Council or any of its committees, or any of OUSU’s ‘campaigning committees’, which are:
Environment and Ethics Target Schools Raise and Give (RAG) Living Wage Mind Your Head
For the avoidance of doubt, disseminating unlawful, false or misleading statements in public is not allowed and Candidates and Slates will be held responsible for disseminating such statements if it is done in their name or there is evidence they are responsible. RO Direction Student Media Candidates are encouraged to engage with the media in the run-up to elections, particularly the student press and radio. You can inform reporters of stories that might be of interest, or write ‘comment pieces’ on topics that are important to you and your campaign. ‘Comment Pieces’ are understood as articles in newspapers or in other media where an author presents their opinion on a topic. Any comment pieces are subject to the Election Regulations. In the interests of fairness you should make a reasonable effort to inform other candidates for the position of any contact that you have with the media so that they can pursue the same opportunity.
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Election Regulations, paragraph 17 (p.10).
10 As a guideline, you should: a) ascertain before participating in an interview that the press/transmission deadline is not less than 4 hours after the conclusion of the interview (and shall not participate if unable to so ascertain). b) inform any interviewer of OUSU’s principle of equal opportunity for media participation and the need to balance the interview by the involvement of any opposing candidates, whose names you should provide. c) inform the principal agent of any opposing candidate (or the candidate themselves) of an interview within 1 hour of its conclusion, the name of the interviewer and the subjects discussed. d) inform the principal agent of any opposing candidate (or the candidate themselves) of any comment pieces that you have written, including details of the topic and your media contact, at least 8 hours before the publication deadline. If you are going to participate in a live transmission interview, then before participating you should try to make sure that an invitation to the interview has been communicated to every candidate for the position at least 4 hours in advance of the commencement of the interview.
Mailing Lists The Election Regulations impose restrictions on the use of mailing lists. A Candidate, Agent or Supporter may not use an excluded mailing list in a Direct OUSU Election for the purposes of campaigning. In this Regulation, an excluded mailing list is a list created or used by: a) the University (including a University or student society, whether or not registered with the Proctors); b) a College (including Common Rooms or College societies); c) The Oxford Union Society. The RO may also exclude other forms of mailing list from use by issuing a Ruling. RO Direction Print Material Any print materials (posters, leaflets and fliers, etc.) used must be purchased from the Gloucester Green branch of Press to Print and must have the ‘OUSU’ stamp visible on them. This guarantees no candidates gain an advantage because, for instance, they can access free printing facilities. You are free to purchase other items elsewhere. If you use any election materials that you acquire at no cost you must satisfy the RO that the same materials are freely available to all candidates.
11 Websites All websites (not including Facebook ‘groups’ or ‘pages’ or similar social media, for which you should refer to the guidelines below) should be registered with the Returning Officer before the Close of Nominations (unless acquired afterwards, in which case, within 24 hours of acquiring the domain name). To register a website, a candidate or agent should submit to the Returning Officer, either via ro@ousu.org or in person, the following: a) Proof of purchase of the domain name; b) A signed statement or forwarded email from all persons actively involved in creating the website that they were entirely responsible for creating the website. If anyone actively involved in creating the website has been paid, a receipt must be submitted, and the amount deducted from the candidate’s expenditure limit. You are responsible for the content of any website you produce and any content is subject to the Election Regulations (for example those on false or misleading statements). To ensure fairness in costing websites, all domain names must be purchased specifically for the purpose of the Michaelmas Term OUSU Elections. Domain names should contain some reference to the election or a candidacy, such as www.voteforA.com or www.samOUSUelection.org. Social Networking The use of social networks is an effective way to publicise yourself and your message to large numbers of the electorate. You can create Facebook groups and pages, hashtags, YouTube videos and promote yourself on other forms of social media. Being a member of a Facebook group, “liking” a Facebook page, or following a candidate/slate on Twitter does not make someone a Supporter for that candidate/slate. Retweeting a candidate/slate or posting a group or a link to a group/page/website does constitute support, as does any other action promoting a candidate/slate by word or deed online beyond simply being a group member or following a candidate/slate. Neither you as a candidate, nor any of your Supporters, should send messages via a Facebook group. Facebook groups will be considered mailing lists and sending messages will accordingly constitute a breach of Election Regulation 25.1(b). Candidates/Slates are responsible for content on Facebook pages and groups, Twitter accounts and similar social networking identities. Candidates must, therefore, remove any comments posted in their group’s/page’s “wall” that contravene the Election Regulations or any Rulings by the RO within 24 hours, after which time they shall be responsible for the content of the comment. You may purchase Facebook ads or other online advertising if you wish. Like all purchased election material, receipts for any online advertising must be submitted to the Returning Officer at the close of poll, and expenditure limits must not be infringed.
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7. Expenditure Limits and Slates Campaigns in OUSU elections are self-funded, but to ensure the contest is fair all candidates are subject to strict expenditure limits. The individual limits for this year are: £130 for an individual candidate for a full-time role (President and Vice Presidents) £50 for an individual candidate for a part-time role (Part Time Executive, Student Trustee or NUS Delegate) Multiple candidates can run together on a joint campaign (called a ‘slate’). While this can be beneficial in terms of shared resources and knowledge it has an impact on the expenditure that is allowed per candidate. Here a campaign is limited to £130 if it includes a candidate for full-time office, or £50 if it does not. In addition to this the following sums are added for every additional candidate on the team: £10 for every candidate for a full-time role (President and Vice Presidents) £5 for every candidate for a part-time role (Part Time Executive, Student Trustee or NUS Delegate) RO Direction Any print materials (posters, leaflets and fliers, etc.) used must be purchased from the Gloucester Green branch of Press to Print and must have the ‘OUSU’ stamp visible on them. This guarantees no candidates gain an advantage because, for instance, they can access free printing facilities. You are free to purchase other items elsewhere. If you use any election materials that you acquire at no cost you must satisfy the RO that the same materials are freely available to all candidates. Receipts for all expenditure must be submitted to the RO within 1 hour of the polls closing. Please keep receipts throughout the campaign for this purpose! Slate Restrictions You should be aware that there are restrictions in the election regulations over the size of slates. Any slate can have up to
3 candidates for full-time positions (4 if one of the candidates is running for VP Graduates).
5 candidates for Part-Time Executive positions (this is raised to 6 if at least one of the candidates is running for a graduate Part-Time Executive position),
3 candidates for the office of Student Trustee.
5 for the office of NUS Delegate.
Any co-operation between candidates not registered on the same slate is an Election Offence.
13 Worked Examples Below are some worked examples that demonstrate how to calculate the relevant limit for your campaign. If you are unsure about this then please contact the RO at ro@ousu.org to confirm your figure. Campaign 1 – Candidates: 1 President Candidate, 1 VP Women Candidate, 3 Part-Time Executive Officers, 5 NUS Delegates, 1 Student Trustee In this case the campaign has a full-time officer candidate on the team so starts with a base of £130. To this is added a further £10 for the other candidate for a full-time position (VP Women), as well as £5 for all 9 candidates for part-time positions. 1 x 10 = 10 (1 candidate for VP Women) 9 x 5 = 45 (9 candidates for part-time positions) 45 + 10 = 55 (Added together) 130 + 55 = £185 (Added to base of £130) So the total budget for this campaign would be £185. Campaign 2 – Candidates: 3 Part-Time Executive Officers, 5 NUS Delegates, 1 Trustee. In this case the campaign does not have a full-time officer candidate on the team so starts with a base of £50. To this is added a further £5 for all 8 other candidates for part-time positions. 8 x 5 = 40 (8 candidates for part-time positions) 50 + 40 = £90 (Added to base of £50) So the total budget for this campaign would be £90. Campaign 3 – Candidates: 1 VP Graduates Candidate, 1 Part-Time Executive Candidate, 1 Student Trustee Candidate In this case the campaign has a full-time officer candidate on the team so starts with a base of £130. To this is added a further £5 for each of the 2 candidates for a part-time position. 2 x 5 = 10 (2 candidates for part-time positions) 130 + 10 = £140 (Added to base of £130) So the total budget for this campaign would be £140.
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8. Hustings Hustings provide a chance for voters to hear speeches from the candidates, and to ask them questions. OUSU Election hustings comprise Central Hustings, which are organised directly by OUSU, and provide the opportunity for all candidates for Sabbatical Office to speak, along with all contested Part-Time Executive positions, and College and Campaign Hustings, which are arranged jointly between OUSU’s Elections Committee and individual Common Rooms and Campaigns. Beyond all of these events you are also encouraged to speak to any group of students you would like to without restriction or regulation (this does not include student media outlets, for which the guidelines given before apply). Central Hustings for all Sabbatical Officer and contested Part-Time Executive candidates will be held on Wednesday of 5th Week (13 November) after OUSU Council. Common Room and Campaign Hustings will take place between Sunday of 5th Week (10 November) and Monday of 6th Week (18 November). The locations for the Central Hustings, and a provisional timetable for Common Room and Campaign Hustings will be published by Elections Committee on Friday 4th week (8 November). Any alterations in location or timings will be announced by the Returning Officer no less than 24 hours in advance. For Common Room and Campaign Hustings, the Common Room Presidents and Campaign Chairs will request the elections in which they wish to hold hustings, and liaise with the Elections Committee to ensure there are no clashes. Candidates will be given no less than 24 hours’ notice of hustings for the election in which they are a candidate.
[For example, St John’s MCR requests Hustings, which are published on the provisional timetable in 4th Week. The Hustings are due for Thursday of 5th Week at 7.00pm, giving a deadline of 7.00pm Wednesday 5th Week for the MCR to request which elections it wishes to see Hustings for (e.g. Graduate International Students Officer), and the Returning Officer to subsequently notify the relevant candidates.]
Eligibility to attend Central Hustings are open to all eligible to vote in the elections. Common Room Hustings are open to all members of the Common Room who are eligible to vote in the OUSU elections, and, at the discretion of the Common Room, to non-Common Room members who are OUSU election voters. Campaign Hustings shall be open to all OUSU voters entitled to attend meetings of that Campaign.
15 Format Central Hustings – Sabbatical Officers
Each candidate will be rinvited to give a speech of 2 minutes. This is followed by questions, where each candidate will be given up to 1 minute to respond. After all candidates have answered, candidates will have the chance to debate between themselves, in order, the answers given to that question. The order of candidates giving answers shall rotate between questions. The RO, or another member of the Elections Committee, will keep time and chair questions. The Chair may move to a new question, or end Hustings for that position, at their discretion, in the interests of time.
Central Hustings – Contested Part-Time Executive Officers
Each candidate will be invited to give a speech of 1 minute. There will be no questions in the interests of time, unless the Chair decides otherwise in the event of Sabbatical office hustings taking less time than expected.
College and Campaign Hustings
The format is the same as for Central Hustings, except that the length of time for speeches and questions, and whether there is debate, shall be determined by the Returning Officer in consultation with the Common Room or Campaign. The RO, or another member of the Elections Committee, will keep time and chair questions.
Disclosures Candidates are welcome to make any disclosures verbally, but shall not be required to do so except if a voter present demands. Only disclosures required by the Nomination Form can be asked of a candidate in hustings. Written questions Written questions may be submitted to the RO up to 6 hours before hustings begin for any hustings where questions are permitted. The minutes of replies to these questions shall be forwarded to the questioner within 48 hours. Recording Central Hustings will be minuted by Elections Committee and recorded on video and audio, with the minutes and candidates’ speeches placed on the OUSU website. The recordings of responses to questions and the debate will be released at the discretion of the Elections Committee, and subject to its approval, will also be placed on the OUSU website. Cancellation The RO, or in their absence, the chair of Hustings, shall be entitled at their discretion to cancel any Hustings where there are fewer than five persons present, not counting members of the Elections Committee, candidates in the election in question, candidates of the same slate as a candidate for the election in question and agents of slates.
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9. Complaints What is a Complaint? 4 A Complaint is an official allegation about the conduct of the election, usually that a person has failed to comply with the Election Regulations (or other governing documents such as the Bye-Laws) in some way. A Complaint may allege that a person has infringed, or not complied with, the Election Regulations. This includes where a person has disregarded any Ruling issued by the Returning Officer. More seriously, a complaint may allege that a person has actually committed an ‘Election Offence’. This is more serious than merely an infringement or non-compliance because it threatens the fairness of the electoral process: as such, the consequences are more severe. Only Candidates are capable of committing Election Offences (although Candidates can be subject to a complaint for the actions of their Agents and Supporters, for whose behaviour they are considered responsible). The list of Election Offences is in the Election Regulations5, although it is also an Election Offence to fail to comply with an order of the Returning Officer. To reiterate under the Election Regulations all candidates are responsible for the actions of their Agents and Supporters (anyone who supports them, whether in writing, orally or otherwise). What is a Ruling? The RO has the power to issue Rulings, which can either be “interpretations” (deciding what the Bye-Laws or Election Regulations mean) or “directions” (relating these governing documents to a specific case or the elections in place). Not complying with a Ruling is treated as a breach of the Election Regulations, and may also be an Election Offence if it affects the fairness of the election6. Directions that are in place as of the printing of this Nominations Pack are listed in Appendix 2 (and are in-text in boxed out). Any further Rulings of the Returning Officer will be published on the OUSU website (in the Elections section), and after the Close of Nominations, will be sent to all Candidates and Agents. The Elections Committee issues this Nominations Pack as guidance about how it considers the election should be run. This means that – with the exception of information boxed out and repeated in Appendix 2, which are Directions of the Returning Officer – the guidance in this pack is not binding. However flagrant breaches of the guidance in this pack could be considered contrary to a fairly and properly conducted election or could impede the Elections Committee in their duties, and could therefore open themselves up to Complaints.
4 5
For more detail on this section see Election Regulations, Schedule 2 (p.27). Schedule 2, Paragraph 3 (p27).
17 Who handles Complaints? There are three bodies that handle Complaints: -
the Returning Officer (the RO) the Junior Tribunal the Senior Tribunal
Most Complaints are heard in the first instance by the Returning Officer, who has been elected by OUSU Council. If you are dissatisfied with the Returning Officer’s judgment, you may appeal to Junior Tribunal. If you are dissatisfied with the Junior Tribunal’s judgment you may appeal to Senior Tribunal. More detail is included below. The Junior Tribunal is a group of three people who are former officers of OUSU, but who are no longer students. The Senior Tribunal is a group of three senior University academics. Information can be found in the section of this pack on the University’s role in the elections. What is the deadline for making a Complaint? Since the election is an ongoing process, there are different deadlines for Complaints about different stages of it6:
-
Complaint about a candidate’s nomination or manifestos: Tues 5th week 17:00; Complaint about matters occurring after the Close of Polls: Mon 7th week 17:00; All other complaints: 90 minutes after the Close of Polls (Thu 6th week, 19.30).
Obviously, you should make your Complaint as soon as possible after you become aware of the wrongdoing. Deliberately delaying your Complaint to try to gain some electoral advantage may harm your Complaint and may be grounds for a Complaint against you. Does a Complaint have to be in a particular form? If you make a Complaint, your Complaint must: -
Be sent to the Returning Officer (or for appeals, Junior Tribunal via the RO/President); Be written clearly and primarily7 in English; Include the full name and College/Hall of the person bringing the Complaint; Provide a full description of the circumstances of the Complaint; If appropriate, include a full description of any allegation of a specific infringement of or non-compliance with the Election Regulations, and/or a specific election offence.
If you are the subject of a Complaint, the Returning Officer or Junior Tribunal must provide you with: -
The full name and College of the person bringing the Complaint; A statement of the allegation against you, including (if appropriate) a description of a specific infringement of or non-compliance with the Election Regulations, and/or a specific election offence; A copy of any written evidence; A copy of any written or oral representations submitted.
The times given are based upon the election running to schedule, but are subject to change if, for instance, the close of poll is delayed due to unforeseen circumstances. Although the RO will give amended times where a delay happens, see Election Regulations, Schedule 2, Paragraph 13 for actual details. 7 Complaints should be made in English, but we say “primarily” in case you need to e.g. quote foreign text. 6
18 Can I be represented by someone else during the Complaints process? If you have an Agent, your Agent can represent you in the Complaints process. Your Agent can make a Complaint, answer a Complaint, make oral and written representations and appeal a decision on your behalf. What is the process of hearing a Complaint? If you are involved in a Complaint (whether making the Complaint, being the subject of the Complaint or otherwise involved) you must act so that the Complaint is handled properly and fairly. If you’re thinking about using Complaints in a vexatious way just to tie your opponents down: don’t. In these circumstances a Complaint could be laid against you for impeding the RO and Elections Committee in their duties or failure to ensure that the election is ‘fairly and properly conducted’.8
The Elections Committee also has a duty to report you to the Returning Officer if your actions give grounds for a Complaint, so don’t think that you can get away with breaking the regulations just because your opponents aren’t around. The Returning Officer or Junior Tribunal will invite the person making the Complaint, the person who is the subject of the Complaint and any other interested person to make oral or written submissions. Unless the Returning Officer agrees otherwise, all such submissions must be made within 18 hours of the invitation. When handling your Complaint, the Returning Officer or Junior Tribunal must consider previous decisions on Complaints in order to maintain consistency of judgment. If there is a particular precedent which you think is relevant, you should specifically draw this to their attention. What is mediation? The Returning Officer or Junior Tribunal may order that the parties to a Complaint have recourse to mediation. Mediation is a process whereby parties who have been involved in a formal process are brought together for informal resolution of the conflict under the auspices of a mediator. Mediation does not mean that you cannot pursue your formal Complaint afterwards, but it is intended to repair the situation without further action. What is the outcome of a Complaint? If the Complaint is lodged with the Returning Officer a judgment must be issued within 24 hours of the Complaint being lodged (or 6 hours of receipt of all oral/written submissions, whichever is later) – otherwise the Complaint is automatically dismissed. The judgment will summarise the Complaint, cite any relevant Election Regulations (or other regulations), give reasons for the judgment and specify what remedy (if any) is ordered.
8
Election Regulations, Schedule 2, Paragraph 1 (p.27).
19 Can I appeal a decision? The Complainant or any person against whom an allegation is made in the course of a Complaint can appeal from the Returning Officer’s decision to the Junior Tribunal. Any such appeal must be lodged in writing with the Junior Tribunal (via the RO or President) within 48 hours of receiving the Returning Officer’s decision. The grounds for appeal are that the Returning Officer was unaware of certain direct evidence, misinterpreted the written regulations in some way, failed to correct a significant procedural irregularity or made a significant error of fact. A judgment on the appeal must be issued by the Junior Tribunal within 96 hours of the appeal being lodged, or else the appeal is automatically dismissed and the Returning Officer’s judgment stands. Any appeal of a decision of Junior Tribunal may be referred to Senior Tribunal; details of this are given later under “University’s Role in Elections”. What are the possible remedies that can be imposed? If a complaint is upheld, the remedies which can be imposed depend on whether it was less serious ‘infringement or non-compliance’ or was a more serious ‘election offence’, and on whether it is the Returning Officer or the Junior Tribunal imposing the remedy. (A) If the Returning Officer finds an allegation of ‘infringement or non-compliance’ wellfounded, he/she can impose any of the following remedies: -
an apology rectification of the damage done withdrawal of campaign publicity an order to confirm the results of an election
(B) If the Returning Officer finds a Candidate has committed an ‘election offence’, he/she can impose any of the following remedies: -
any of the remedies in (A) reducing a Candidate’s election budget ordering that part or all of a Candidate’s deposit be forfeited
(C) If the Junior Tribunal finds an allegation of ‘infringement or non-compliance’ wellfounded, they can order: -
any of the remedies in (A) reducing or cancelling any of the Returning Officer’s remedies in (A) recommending a recount recommending the election be declared void
(D) If the Junior Tribunal finds a Candidate has committed an ‘election offence’, they can order: -
any of the remedies in (A) or (B) reducing or cancelling any of the Returning Officer’s remedies in (A) or (B) disqualification of a Candidate recommending a recount recommending the election be declared void
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10. Elections Committee and the University’s Role in Elections The role of the Elections Committee is to assist the RO and Deputy ROs in their duties and to ensure that the election is run fairly and is well publicised. To complete this role they may advise the RO, when requested, on issues including the organisation of the election and election discipline, and may take up some of the RO’s functions temporarily. The Committee is appointed by the RO and as well as the RO and Deputy RO can include:
The OUSU President.
Members of the OUSU Executive Committee who are not involved in the election and do not have a conflict of interest (including all five Vice-Presidents).
Up to four student members.
One other person.
While it can include all these people the committee’s quorum is 3 people, which must include the RO and two full-time OUSU officers. The Elections Committee is consulted before the Returning Officer makes decisions about the conduct or organisation of the election, and has the same responsibility as the Returning Officer to ensure the fairness and propriety of the elections process.
University’s Role in Elections Primarily it is worth remembering that while taking part in the OUSU elections all students remain subject to all the University and Proctors’ powers to discipline and that any appeal against a decision by the Junior Tribunal regarding a complaint will be heard by the Senior Tribunal. This body consists of 3 members of Congregation that the University appoints. Any complaints regarding the membership of this tribunal must be addressed to the Proctors. The quorum of this body is 2. It has the power to exercise all the power of the RO and Junior Tribunal, dismiss the RO, and/or disqualify any candidate or slate. It is only possible for a candidate or slate to be disqualified if their conduct is deemed to have affected the outcome of the election. Any appeal against a decision of the Senior Tribunal must be submitted to the Proctors by noon on the second working day after the ruling is made.
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11. Eligibility for Trustee positions
OUSU is a registered charity: Charity Number 1140687 There is a substantial body of Government legislation and case law concerned with our activities as a charity and with the conduct of our sabbatical officers, student trustees and external trustees who make up our trustee board. Below is a list of circumstances which may prevent you from becoming a trustee. You are not allowed to be a trustee if you:
Are under 18 years of age Have been convicted at any time of any offence involving deception or dishonesty, unless the conviction is legally regarded as spent; or Are an undischarged bankrupt; or Have made compositions with your creditors and have not been discharged; or Have at any time been removed by the Commissioners or by the Court in England, Wales or Scotland from being a trustee because of misconduct; or Are disqualified from being a company director Have failed to make payments under the county court administrators’ orders.
If you are in any doubt about your eligibility to act as a trustee you should either seek your own legal advice or contact the OUSU Chief Executive at chiefexecutive@ousu.org or the Charity Commissioners.
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12. Nomination Form Personal information
Legal Name: ______________________________________________________________ Preferred Name: ___________________________________________________________ College: __________________________________________________________________ Position standing for: ________________________________________________________
How many weeks during TERM TIME do you expect to be out of residence during your term in office? _____________________________________________________________
During OUSU Council, have you ever (delete as appropriate): Had a motion of censure passed against you? Yes/No Had a motion of no confidence passed against you? Yes/No Been expelled from Council? Yes/No If you are running on a Slate, please list all the candidates on the Slate: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________
Agents
An agent is a person who is a supporter and who represents a candidate or a slate for the purpose of the Election Regulations. A candidate may have up to three student agents. Please list all agents below: LEAD AGENT: ____________________________________________________________ AGENT:
____________________________________________________________
AGENT:
____________________________________________________________
23 College/Departmental Permission FOR ALL SABBATICAL CANDIDATES:
I confirm that the above-mentioned student has permission from their college to hold the office if elected or co-opted. Signed:
Date:
FOR POST-GRADUATE SABBATICAL CANDIDATES ONLY:
I confirm that the above-mentioned student has permission from their department to hold the office if elected or co-opted. Signed:
Date:
Candidate Declarations I confirm that I wish to nominate myself for the above-named position and that the information given here is true and accurate to the best of my knowledge. I confirm that I satisfy all relevant eligibility requirements as stated in Election Regulations 18.1-18.6 (see Appendix 1). I confirm that I must and I will comply with the Articles, Bye-Laws, and Election Regulations. Signed:
Date:
FOR SABBATICAL AND STUDENT TRUSTEE CANDIDATES ONLY:
I confirm that I understand that, if elected, I will become a trustee of OUSU. I confirm that I have read and understood the criteria for being a trustee outlined in Section 11 of this document. I confirm that I understand the responsibilities that come with this position and that that no reason exists, to my knowledge, why I am not eligible for the position of trustee of OUSU. Signed:
Date:
Please return nomination forms to the Returning Officer at the OUSU Office, 2 Worcester Street OX1 2BX, along with the following: Proof of identity as student Deposit (see below) Manifesto (paper & electronic; optional)
OxStu blurb/photo (electronic; optional) Video (sabbatical offices only) Slate deposit (if applicable, £50 per slate)
The deposit, which you can pay by cheque (preferably) or in cash is as follows: Full-Time Officer £50 Part-Time Officer and Student Trustee £25 NUS Delegate £15 Nominations open Thursday of 3rd Week in Michaelmas Term and close at midday on Thursday of 4th Week of Michaelmas Term. Election Regulations 8.2, 12, 18, 19, 20, 21 apply to this document. Any questions, please email the Returning Officer at ro@ousu.org.
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APPENDIX 1 Election Regulation 18 - Eligibility 18.1 Any Student Member may be a Candidate at a Direct Election for the office of a Full Time Officer or a Part Time Officer, except that (a) only a Student Member who is a woman may be a Candidate for the office of Vice-President (Women) or Women's Campaign Officer, (b) only a Student Member who is a Graduate may be a Candidate for the office of Vice-President (Graduates), Graduate Academic Affairs Officer, Graduate International Officer or Graduate Welfare Officer, and (c) only a Student Member who is both a Graduate and a woman may be a Candidate for the office of Graduate Women’s Officer.9 18.2 A Student Member may only be a Candidate at a Direct Election for, or be co-opted to, the office of any Full Time Officer if he or she has obtained the prior written permission of his or her College, and in the case of a Graduate (additionally) the prior written permission of his or her faculty or department, to hold that office if elected or coopted.10 18.3 Any Student Member may be a Candidate at a Direct Election for the office of Student Trustee or Delegate.11 18.4 Subject to Regulation 18.5, a Student Member must not be a Candidate at the same Direct Election for more than one office. 18.5 A Student Member may be a Candidate at the same Direct Election for the offices of (a) Full Time Officer and Delegate, (b) Part Time Officer and Delegate, (c) Student Trustee and Delegate, (d) Part Time Officer and Student Trustee, or (e) Part Time Officer, Student Trustee and Delegate. 18.6 An Election Official, or a Full Time Officer or Full Time officer-elect (whether or not either is an Election Official) must not be a Candidate, Agent or Supporter in any Direct Election.12
A woman has a particular meaning in these Regulations: see Paragraph 5 of Schedule One. The offices of Women's Campaign Officer, Graduate Academic Affairs Officer, Graduate International Officer, Graduate Welfare Officer, and Graduate Women’s Officer are Part-Time Officers and listed in Standing Orders D1.3 and 1.4 (not yet repealed). 10 College governance requires that permissions may only be granted by a Head of House, Dean, Senior Tutor, Tutor for Graduates or Director of Graduate Studies (or their equivalent). Note the extended definition of College in Paragraph 8 of Schedule One. 11 There are five delegates to the Annual Conference of the National Union of Students. The President and President-elect are additional delegates by virtue of their office. Note the definition of Delegate in Paragraph 8 of Schedule One. 12 As those listed may not be Supporters, they cannot campaign for any Candidate. 9
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APPENDIX 2 Directions made by the Returning Officer as of midnight 14/10/2013 The Returning Officer makes the following Directions under the provisions of Election Regulation 7.3, effective midnight on 14th October 2013: Manifestos If you are going to submit a manifesto you must do so by the time nominations close at noon on Thursday of 4th week, BOTH in print form and electronically as a PDF e-mailed to ro@ousu.org. You must include on your manifesto the name of anyone who is involved in the design process of your manifesto. The RO can send back any manifesto that fails to meet this direction, contains unlawful, false, misleading or offensive material or which references other Candidates. Student Media Candidates are encouraged to engage with the media in the run-up to elections, particularly the student press and radio. You can inform reporters of stories that might be of interest, or write ‘comment pieces’ on topics that are important to you and your campaign. ‘Comment Pieces’ are understood as articles in newspapers or in other media where an author presents their opinion on a topic. Any comment pieces are subject to the Election Regulations. In the interests of fairness you should make a reasonable effort to inform other candidates for the position of any contact that you have with the media so that they can pursue the same opportunity. As a guideline, you should: a) ascertain before participating in an interview that the press/transmission deadline is not less than 4 hours after the conclusion of the interview (and shall not participate if unable to so ascertain). b) inform any interviewer of OUSU’s principle of equal opportunity for media participation and the need to balance the interview by the involvement of any opposing candidates, whose names you should provide. c) inform the principal agent of any opposing candidate (or the candidate themselves) of an interview within 1 hour of its conclusion, the name of the interviewer and the subjects discussed. d) inform the principal agent of any opposing candidate (or the candidate themselves) of any comment pieces that you have written, including details of the topic and your media contact, at least 8 hours before the publication deadline. If you are going to participate in a live transmission interview, then before participating you should try to make sure that an invitation to the interview has been communicated to every candidate for the position at least 4 hours in advance of the commencement of the interview.
26 Print Material Any print materials (posters, leaflets and fliers, etc.) used must be purchased from the Gloucester Green branch of Press to Print and must have the ‘OUSU’ stamp visible on them. This guarantees no candidates gain an advantage because, for instance, they can access free printing facilities. You are free to purchase other items elsewhere. If you use any election materials that you acquire at no cost you must satisfy the RO that the same materials are freely available to all candidates. Websites All websites (not including Facebook ‘groups’ or ‘pages’ or similar social media, for which you should refer to the guidelines below) should be registered with the Returning Officer before the Close of Nominations (unless acquired afterwards, in which case, within 24 hours of acquiring the domain name). To register a website, a candidate or agent should submit to the Returning Officer, either via ro@ousu.org or in person, the following: a) Proof of purchase of the domain name; b) A signed statement or forwarded email from all persons actively involved in creating the website that they were entirely responsible for creating the website. If anyone actively involved in creating the website has been paid, a receipt must be submitted, and the amount deducted from the candidate’s expenditure limit. You are responsible for the content of any website you produce and any content is subject to the Election Regulations (for example those on false or misleading statements). To ensure fairness in costing websites, all domain names must be purchased specifically for the purpose of the Michaelmas Term OUSU Elections. Domain names should contain some reference to the election or a candidacy, such as www.voteforA.com or www.samOUSUelection.org. Social Networking The use of social networks is an effective way to publicise yourself and your message to large numbers of the electorate. You can create Facebook groups and pages, hashtags, YouTube videos and promote yourself on other forms of social media. Being a member of a Facebook group, “liking” a Facebook page, or following a candidate/slate on Twitter does not make someone a Supporter for that candidate/slate. Retweeting a candidate/slate or posting a group or a link to a group/page/website does constitute support, as does any other action promoting a candidate/slate by word or deed online beyond simply being a group member or following a candidate/slate. Neither you as a candidate, nor any of your Supporters, should send messages via a Facebook group. Facebook groups will be considered mailing lists and sending messages will accordingly constitute a breach of Election Regulation 25.1(b). Candidates/Slates are responsible for content on Facebook pages and groups, Twitter accounts and similar social networking identities. Candidates must, therefore, remove any comments posted in their group’s/page’s “wall” that contravene the Election Regulations or any Rulings by the RO within 24 hours, after which time they shall be responsible for the content of the comment.
27 You may purchase Facebook ads or other online advertising if you wish. Like all purchased election material, receipts for any online advertising must be submitted to the Returning Officer at the close of poll, and expenditure limits must not be infringed.
Explanatory note on Directions (for the avoidance of doubt, this is not a Direction) The Returning Officer has the power to make Directions to apply the Election Regulations to this election. These Directions are usually made in the pursuance of the Returning Officer’s duty to organise a “fairly and properly conducted” election13, and under the Returning Officer’s powers to take “appropriate”14 steps to ensure this. These Directions are binding on Candidates15. Although breaching them is not necessarily an Electoral Offence16, a breach may give way to an Electoral Offence if, for instance, it impedes the Returning Officer or the Elections Committee in their duties (such as, to maintain a fair and proper election). From the Close of Nominations onwards, the Returning Officer will email all Agents where new Directions (or interpretations) are made. However, the definitive up-to-date list of Directions will always be kept on the OUSU website on the Elections page. Candidates and Agents are reminded that they can always contact the Returning Officer at ro@ousu.org for advice or information, especially on the regulations governing the election.
Election Regulations 2.1(b), 4.1 Election Regulation 4.2(b) 15 Election Regulations, Schedule 2, paragraph 8 16 Schedule 2, paragraph 5 13 14
The Oxford University Student Union 2 Worcester Street, Oxford OX1 2BX Tel: 01865 288452 email: enquires@ousu.org