ASUCI Constitution

PREAMBLE

By the authority of The Regents of the University of California and the President of the University of California, the Chancellor of the University of California, Irvine, authorizes the establishment and continuation of the Associated Students, University of California, Irvine (ASUCI). As an official unit of the University, ASUCI exercises authorities concerning student affairs by delegations from The Regents, the President, and the Chancellor. ASUCI and all its activities are integral parts of the University.

Within this authority, we, the undergraduate students of the University of California, Irvine, by the authority of the Regents of the University of California and the Chancellor of this campus, and as an autonomous constituency of this university community; desire, through independent action, or in concert with other constituencies of this university community, to provide a forum for the expression of the student views and interests, encourage and maintain the freedom to pursue knowledge, encourage student academic rights and responsibilities, represent and articulate our rights to a voice in campus governance, to enhance the quality of student life, and foster recognition of the rights of students in this university community; and in order to fulfill these aspirations, do, hereby ordain and establish this constitution.

ARTICLE I

NAME

The name of the official undergraduate student government body shall be the Associated Students, University of California, Irvine, herein after referred to as ASUCI.

ARTICLE II

MEMBERSHIP

Section A

A voting member of ASUCI shall be defined as any registered undergraduate student having paid the established ASUCI fee.

Section B

All members of ASUCI shall be entitled to any privileges of that membership which include but are not limited to: voting in all ASUCI elections, seeking an ASUCI appointed office, participating in all ASUCI activities, and benefiting from all ASUCI services and programs.

Section C

As do all administrative units, ASUCI shall adhere to the UCI Campus Implementation of UC Policy of equal opportunity and non-discrimination. All members of ASUCI meeting the requirements herein after enumerated, are eligible and encouraged to seek, obtain, and hold office without discrimination or abridgment because of race, color, religion, marital status, national origin, sex, sexual orientation, economic status, political affiliation or physical abilities.

ARTICLE III

DISTRIBUTION OF POWERS

Section A

ASUCI shall be organized into three branches: the Legislative, the Executive, and the Judicial.

1. The Legislative Branch shall consist of the Legislative Council.

2. The Executive Branch shall consist of the Executive Cabinet.

3. The Judicial Branch shall consist of the Judicial Board.

Section B

No person or group of persons in any one of these branches shall exercise power belonging to another branch, except as herein after expressly directed or permitted.

ARTICLE IV

ASUCI LEGISLATIVE COUNCIL

Section A

All legislative authority of ASUCI shall be vested in the Legislative Council, which shall be the supreme policy-making body of ASUCI, and shall promote the welfare and the interests of the undergraduate students, subject to limitations herein enumerated.

Section B

The actions of the Legislative Council shall be enacted upon a specific majority vote stipulated in the By-laws for a particular measure. The authority of the Legislative Council shall include, but is not limited to:

1. Enacting legislation necessary and proper for the general welfare of the undergraduate students, according to this constitution;

2. Appropriating all ASUCI fee income and requiring a timely and accurate accounting of income and expenditure of all funds. Total appropriation in any fiscal year may not exceed the total income for that fiscal year. A three-quarter (3/4) vote of the entire (all filled seats) Legislative Council is required to authorize any appropriation which would effect a deficit between income and expenses for the fiscal year; No legislative council may commit funds of any future administration;

3. Approving, by a majority vote of the voting Legislative Council members present, the commissioner appointments of the Executive Officers;

4. Removing from office any non-elected person holding a position of responsibility in ASUCI, except Judicial Board members, by a three- fourths (3/4) vote of the voting Legislative Council members present, and a majority vote of the Executive Cabinet,

for failure to perform the duties assigned the office and for failure to uphold this constitution and the By-laws;

5. Establishing stipends of elective or appointed officers, from ASUCI Treasury

6. Overriding an Executive Cabinet veto on any measure adopted by the Legislative Council, by a two-thirds (2/3) vote of the Legislative Council members present (Any overriding of an Executive Cabinet veto shall be final and the measure immediately becomes legislation upon Judicial Board approval);

7. Establishing election procedures upon submittal by the Executive Vice-President or his/her appointed representative;

8. Submitting amendments to this constitution as herein provided;

9. Establishing ASUCI By-laws, ASUCI Elections Code, and the Judicial Board Policies and Procedures for the conduct of its business, each of which shall be subject to review and approval by the end of each academic year;

10. Establish standing or ad hoc committees, i.e. Rules, Finance, Public Information, Special Task Forces, to assist in any legislative recommendations.

11. Voting Legislative Council Members may receive remuneration equivalent to Commissioner Level I.

The duties of the Legislative Council shall be contained in the By-laws.

Section C

The Legislative Council membership shall be apportioned in the following manner:

1. Elected Membership: Three –quarter (3/4) of the elected members shall be elected by and from the Academic Units (degree granting unit) and shall be apportioned on the basis of the enrollment of each Academic Unit. Each Academic Unit shall be entitled to at least one representative. Academic Unit apportionment shall be as follows; undergraduate student enrollment of less than 2,000 shall entitle the Academic Unit to one representative, undergraduate enrollment of 2,000 but less than 4000 shall entitle the Academic Unit two representatives and undergraduate enrollment of 4,000 or greater shall entitle the Academic Unit to three representatives. One-fourth (1/4) of the total number of eligible seats shall be elected by and from the undergraduate students at-large. The number of at-large members shall equal one-third (1/3) that of the total members representing the Academic Units. Membership may vary with the undergraduate enrollment in the Academic Units and by the possible addition of new Academic Units.

2. Ex officio, non-voting membership:

a. President

b. Executive Vice-President

c. Academic Affairs Vice-President

d. Administrative Affairs Vice-President

e. Student Services Vice-President

3. Appointed, non-voting membership: Appointed, non-voting Legislative Council seats shall be assigned by a simple majority vote of the voting members of the Legislative Council and shall be stated and reviewed yearly in the By-laws. Only organizations with officially recognized governing bodies representing diverse campus constituencies shall be considered for membership. The number of nonvoting Legislative Council members shall not exceed five (5). Each of the representatives are to be appointed by the governing body from whence they come. Each representative must be a registered student in good standing (as determined by the Registrar), and must meet the membership criteria listed herein for Legislative Council members.

Section D

The qualifications for membership in Legislative Council shall be as follows:

1. The term of office for Legislative Council members shall be one full year, with one-half (1/2) of the members elected in spring quarter and the other one-half (1/2) shall be elected during fall quarter. A Legislative Council member shall assume office at the beginning of the academic quarter following their election. Appointed members shall assume office immediately following the confirmation of their appointment and shall finish the term of office of the seat for which they were appointed.

2. A Legislative Council member shall have been a registered student in good standing (as determined by the Registrar), maintaining at least a 2.0 overall grade point average on a 4.0 scale at the time of candidacy.

3. A Legislative Council member shall have been a registered student at the University of California, Irvine throughout the academic quarter immediately prior to assuming office.

4. A Legislative Council member shall forfeit his/her office within one (1) week upon failing to maintain at least a 2.0 grade point average on a 4.0 scale during his/her term in office.

5. A Legislative Council member must be present at all meetings in which he/she wishes to cast votes. Voting by proxy will not be permitted.

6. A Legislative Council member shall not hold another ASUCI elective office during his/her term on the Legislative Council.

7. Each elected, appointed, and ex officio Legislative Council position shall be held by one person.

ARTICLE V

ASUCI EXECUTIVE CABINET

Section A

All executive authority shall be vested in the Executive Cabinet. The Executive Cabinet shall be comprised of the President, Executive Vice-President, Vice-President for Academic Affairs, Vice-President for Administrative Affairs, and the Vice-President for Student Services.

Section B

The actions of the Executive Cabinet shall be enacted upon a majority vote of the Executive Cabinet. The authority of the Executive Cabinet shall include but is not limited to:

1. Preparing and presenting the annual ASUCI budget for approval by the Legislative Council;

2. Vetoing, as seen fit, any measures adopted by the Legislative Council, provided such an action be exercised only once per measure, and within six (6) days from the date of the measure being passed, after which time, the measure shall become legislation with or without the Executive Cabinet's approval.

3. Nominating all appointments to the Judicial Board for approval by a two-thirds (2/3) vote of the Legislative Council

4. Administering the annual budget as approved by the Legislative Council.

The duties of the Executive Cabinet shall be contained within the By-laws.

Section C

The qualifications and conditions for members in the Executive Cabinet shall be as follows:

1. Executive Officers shall be elected independently by and from the undergraduate students at-large. They shall be elected in the spring quarter and shall assume office at noon on the last day of Spring quarter. Their terms of office shall be one year.

2. The following oath of office shall be administered to the Executive Officers by the chair of the Judicial Board or by the Vice Chair of the Judicial Board as designated by the Chair, during the tenth week of spring quarter:

" I, (name), do solemnly swear (or affirm), that I will preserve, protect, and defend the Constitution of the Associated Students of the University of California, Irvine, and that I will execute the duties of my office to the best of my ability (so help me God).

3. Executive Officers must be a registered UCI undergraduate student in good standing as defined by the UCI Registrar.

4. Executive Officers shall have attained junior standing as defined by the UCI Registrar by the time of assuming office.

5. Executive Officers shall have been registered students at the University of California, Irvine for an entire academic year immediately prior to assuming office.

6. An Executive Officer shall forfeit his/her office within one (1) week upon failing to maintain at least a 2.0 overall grade point average on a 4.0 scale during his/her term in office.

7. An Executive Cabinet member must be present at all meetings in order to cast votes. Voting by proxy will not be permitted.

8. No Executive Officer may hold another ASUCI elective office during his/her executive term.

9. Executive Officers may receive remuneration, as determined by action of the Legislative Council and funded from the Treasury of the ASUCI.

Section D

The authority of the Executive Cabinet shall be distributed as follows:

1. PRESIDENT

a. Serves as Chief Executive Officer of ASUCI, and Chair of the Executive Cabinet.

b. Has co-signature authorization with the Executive Vice President over all budgetary expenditures.

c. Coordinates office management, ASUCI business operations, and personnel transactions with ASUCI Executive Director.

d. Has co-signature authorization on contracts for ASUCI, in conjunction with the Executive Director and in accordance with University Policies and Procedures.

e. Appoints, with a concurrent, simple majority of the voting members of the Legislative Council present, his/her executive commissioners

f. Appoints, in the event of vacancy in the Executive Cabinet, a replacement with a concurrent, two-thirds (2/3) vote of the voting members of the Legislative Council.

The duties of the President shall be contained within the By-laws.

2. EXECUTIVE VICE-PRESIDENT

a. Chairs the Legislative Council and votes only in the case of a tie.

b. Organizes and oversees all ASUCI elections.

c. Has co-signature authorization over all budgetary expenditures.

d. Appoints, with a concurrent, simple majority vote of the voting members of the Legislative Council present, his/her executive commissioners.

e. Assumes the office of the President in the absence, incapacitation, or resignation of the President.

The duties of the Executive Vice-President shall be contained within the By-laws.

3. ACADEMIC AFFAIRS VICE-PRESIDENT

a. Represents the Associated Students on those matters relating to the educational quality at the University of California, Irvine.

b. Appoints, with a concurrent, simple majority vote of the voting members of the Legislative Council present, his/her executive commissioners.

c. Assumes the office of the President in the absence, incapacitation, or resignation of both the President and the Executive Vice-President.

The duties of the Vice-President of Academic Affairs shall be contained within the Bylaws.

4. ADMINISTRATIVE AFFAIRS VICE-PRESIDENT

a. Appoints, with a concurrent, simple majority vote of the voting members of the Legislative Council present, student representatives to all campus committees and regulatory boards, and coordinates and supervises such activities.

b. Serves as Vice Chair of the Legislative Council, assuming the duties of the Chair in the absence of the Executive Vice-President, and votes only in the case of a tie.

c. Appoints, with a concurrent, simple majority vote of the voting members of the Legislative Council present, his/her executive commissioners.

d. Assumes the office of the President in the absence of the President, the Executive Vice-President, and the Academic Affairs Vice-President.

The duties of the Administrative Affairs Vice-President shall be contained in the Bylaws.

5. STUDENT SERVICES VICE-PRESIDENT

a. Negotiates ASUCI performance agreements in conjunction with ASUCI Programs Director.

b. Appoints, with a concurrent, simple majority vote of the voting members of the Legislative Council present, his/her executive commissioners.

c. Assumes the office of the President in the absence of the President, the Executive Vice-President, the Academic Affairs Vice-President, and the Administrative Affairs Vice-President.

The duties of the Student Services Vice-President shall be contained within the By-laws.

ARTICLE VI

ASUCI JUDICIAL BOARD

Section A

All judicial authority of ASUCI shall be vested in the Judicial Board. The Judicial Board's authority shall extend to all judicial cases arising under this Constitution; the various by-laws of ASUCI; all official actions of the Executive Officers, Legislative Council members, and ASUCI Commissioners; and any matters delegated to the Judicial Board by the Legislative Council.

Section B

The rulings of the Judicial Board shall be enacted upon a majority vote of all seven (7) Judicial Board members. The authority of the Judicial Board shall include, but is not limited to:

1. Interpreting all parts of this Constitution;

2. Exercising the primary judicial powers of ASUCI, granting such judicial relief as permitted by this Constitution and ASUCI;

3. Exercising finality, in that all rulings of the Judicial Board shall be final: unless the Judicial Board is found to exceed their jurisdiction as seen by the Judicial Oversight Committee in accordance to Section E;

4. Nullifying any measure, or recall that is deemed unconstitutional and ordering the cessation of such actions;

5. Judging actions of the Executive or Legislative branches as to its constitutionality and ordering the cessation of such actions that are judged to be unconstitutional;

6. Serving as the Board of Appeals over the appeals in regards to decisions of the Elections Commission;

7. Upholding the rights of individuals and organizations in accordance with ASUCI Constitution and the University Policies and Procedures;

8. Having other powers and responsibilities as may be delegated to it by the Chancellor of the University of the California, Irvine.

The duties of the Judicial Board shall be contained within the By-laws and in the Judicial Board Policies and Procedures.

Section C

The qualifications and conditions for membership in the Judicial Board shall be as follows:

1. The Judicial Board shall consist of seven (7) undergraduate students, appointed by the Executive Cabinet and confirmed by a two-thirds (2/3) vote of the voting members of the Legislative Council present.

2. The Chair and Vice Chair shall be the officers of the Judicial Board.

3. In the event that the Executive Cabinet fails to submit a nomination(s) to the Legislative Council within two (2) weeks of the occurrence of a vacancy, nominations may be made by any ASUCI elected representative. If an Executive Cabinet nomination is rejected by the Legislative Council, the Executive Cabinet will have one (1) week to introduce another nomination before the right to nominate dissolves to the entire group of ASUCI elected representatives. If the Legislative Council does not consider the nomination(s) to fill the vacancy(ies) within two (2) weeks of the nomination(s), the consideration of nomination(s) shall come before any other business. When vacancies occur, replacements shall serve a full term.

4. The term of office for Judicial Board members shall be two (2) years. A Judicial Board member shall assume office on the seventh (7th) day following the approval of his/her nomination by the Legislative Council. Judicial Board members can only be removed from office according to recall procedures under Article VIII.

5. A Judicial Board member shall have been a member of the Associated Students at the University of California, Irvine, and a registered student in good standing (as determined by the Registrar), maintaining a 2.0 overall grade point average on a 4.0 scale at the time of candidacy.

6. A Judicial Board nominee shall have been a registered student at the University of California, Irvine for an entire academic year immediately prior to assuming office.

7. A Judicial Board member shall have attained at least sophomore status as defined by the UCI Registrar at the time of assuming office.

8. A Judicial Board member shall forfeit the office within one (1) week upon failing to maintain a 2.0 overall grade point average on a 4.0 scale during his/her term in office.

9. A Judicial Board member shall not hold an ASUCI elective or appointed office during his/her time on the Judicial Board.

10. A Judicial Board member must be present at all meetings in order to cast votes. Voting by proxy will not be permitted.

Section D

The authority of the Judicial Board Officers shall be distributed as follows:

1. JUDICIAL BOARD CHAIR

a. Exercises one vote on the Judicial Board.

b. Receives remuneration as determined by the Legislative Council and funded from ASUCI Treasury,

c. Is chosen by and from his/her peers on the Judicial Board at the beginning of each Academic year. The term of office of the Judicial Board Chair shall be one (1) year.

2. JUDICIAL BOARD VICE-CHAIR

a. Is chosen by his/her peers on the Judicial Board.

b. Serves as Judicial Board Chair on an interim basis should the Judicial Board Chair be absent, become incapacitated, resign, or be recalled, until the Executive Cabinet has nominated, and the Legislative Council has approved a replacement Judicial Board member, at which time a new Judicial Board Chair shall be chosen by and from his/her peers on the Judicial Board And shall serve until the end of the term of the previous chair.

The duties of the Judicial Board Chair and Vice-Chair shall be contained in the By-laws and in the Judicial Board Policies and Procedures. The Judicial Board Policies and Procedures shall be created and updated by the Legislative Council. Any amendments to the Judicial Board Policies and Procedures must attain a three-fourths (3/4) vote of the voting members of the Legislative Council present.

Section E

The authority of the Judicial Oversight Committee shall extend to all Judicial cases arising where the Judicial Board exceeds the boundaries of their jurisdiction under this constitution.

1. The Judicial Oversight Committee shall be comprised of one Executive Officer, one Legislative Council Member, ASUCI Executive Director, and the Chair and Vice Chair of the Judicial Board.

2. The Judicial Oversight Committee shall be activated upon a petition to legislative council and a unanimous vote of approval by the legislative council members present.

The duties of the Judicial Board Oversight Committee shall be contained in the By Laws and the Judicial Board Oversight Committee Guidelines.

ARTICLE VII

ASUCI EXECUTIVE DIRECTOR

Section A

The Executive Director shall be the administrative head of ASUCI staff and shall be responsible for the direction of the general student activities and operations of ASUCI. He/she shall also be responsible to the Executive Cabinet for the proper and efficient operation of the auxiliary enterprises, and the employment of all personnel who support the ASUCI. All employees of ASUCI are employees of the University.

Section B

In accordance with University of California, Irvine Policies and Procedures, the approval of the job description and the selection of the Executive Director shall be the responsibility of the Executive Cabinet and the Vice Chancellor, Student Affairs or designee. The selection of the Executive Director shall be approved by a two-thirds (2/3) vote of all voting members of the Legislative Council. The appointment and termination authority for the Executive Director is the Vice Chancellor, Student Affairs. The term of office shall be indefinite. Termination shall be in accordance with University of California, Irvine Policies and Procedures. A three-quarters (3/4) vote of all voting members of the Legislative Council and a majority of the Executive Cabinet, shall be required to: (1) ask for the resignation of the Executive Director, and/or (2) issue a written, formal request to the Vice Chancellor of Student Affairs, asking for the termination of the employment of the Executive Director.

Section C

The authority of the Executive Director shall include but is not limited to:

1. Serving as the official representative of ASUCI in all business and financial dealings;

2. Recommending to the Executive Cabinet, policies for the administration of ASUCI operations, staffing, facilities, and auxiliary enterprises;

3. Keeping a suitable system of accounts, records, and books for the ASUCI and its various activities, all of which shall be kept in standard form so that a true statement of ASUCI's financial status may be prepared at anytime;

4. Supervise all ASUCI employees in accordance with University of California Policies and Procedures;

5. Being responsible to provide, at reasonable notice, any information pertaining to the functioning of the ASUCI, upon the request of the Legislative Council or Executive Cabinet;

6. Supervising the collection and expenditures of all ASUCI moneys, in accordance with University of California Policies and Procedures;

7. Investing money in the name of ASUCI with the approval of the Executive Cabinet, in accordance with University of California Policies and Procedures;

8. Borrowing in the name of ASUCI with the approval of the Executive Cabinet and the Legislative Council only when in session;

9. Being responsible for the appointment and removal of ASUCI staff employees, providing, at the request of the Legislative Council, all information pertaining to any personnel action. This information shall be provided in accordance with University Policy and Procedures. The Executive Director is also responsible for reporting all actions taken in this regard to the President on a frequent and regularly consultative basis; and

10. Acting as trustee for ASUCI in maintaining financial accounts for various University of California, Irvine student organizations.

ARTICLE VIII

REFERENDUMS, INITIATIVES, FEE INITIATIVES AND RECALLS

Section A

1. REFERENDA

a. Any legislation adopted by the Legislative Council may be subject to a referendum vote of the undergraduate students upon presentation of a petition, signed by a minimum of five percent (%5) of the undergraduate students to the Legislative Council. Legislative Council shall then either repeal said legislation, or submit the same legislation to a vote of the undergraduate students, not less that fifteen (15) academic days or more than two (2) academic quarters from the date of presentation of the petition to the Legislative Council.

b. Regular election procedures shall be followed as prescribed in the Elections Code.

c. A majority (fifty percent plus one) vote, with at least twenty percent (20%) of the undergraduate students voting, shall be required to repeal said legislation.

d. Legislation repealed in the above manner shall not be adopted again for at least one (1) year from the day the results are declared official.

2. INITIATIVES

a. The undergraduate students shall have the power to initiate legislation upon presentation of a petition, signed by a minimum of five percent (%5)of the undergraduate students, to the Legislative Council. Upon presentation of such a petition, the Legislative Council shall then either pass said legislation, or submit the same legislation to a vote of the undergraduate students, not

less than fifteen (15) academic days or more than two (2) academic quarters from the date of presentation of the petition to the Legislative Council.

b. Regular election procedures shall be followed as prescribed in the Elections Code.

c. A majority (fifty percent plus one) vote, with at least twenty percent (20%) of the undergraduate students voting, shall be required to adopt said legislation.

d. Legislation adopted in the above manner shall have precedence over all previous ASUCI legislation, and no contradicting legislation may be adopted by the Legislative Council for at least one (1) year from the day the results are declared official.

3. FEE INITIATIVES

a. This constitution shall govern fee initiatives for the ASUCI fee. All other fee initiatives shall be governed by applicable guidelines approved by the Chancellor.

b. The undergraduate students shall have the power to initiate a self-assessed fee either by a formal vote of two-thirds (2/3) of the Legislative Council or by means of a petition signed by no less than eight percent (8%) of the undergraduate students.

c. Upon presentation of a fee petition, or approval by two-thirds (2/3) of the Legislative Council, the Council shall submit the fee initiative to a vote of the undergraduate students not less than fifteen (15) academic days or more than two (2) academic quarters.

d. All fee initiatives affecting the undergraduate students shall follow regular election procedures as prescribed in the Elections Code.

e. A vote of at least sixty percent (60%), with at least twenty-five percent (25%) of the undergraduate students voting, shall be necessary to adopt all self-assessed fees.

f. The Legislative Council shall approve the election process in accordance with the Elections Code. Final approval shall be made by the Chancellor.

g. In the event of a negative outcome on any fee initiative vote, the fee initiative shall not return to the ballot until two (2) academic quarters have elapsed from the day the fee results are declared official

4. RECALLS

a. Elected officers to ASUCI, shall be subject to recall upon presentation of a petition, signed by a minimum of five percent (%5) of the undergraduate students eligible to vote for the specified officer, to the Legislative Council. Judicial Board members are subject to recall upon presentation of a petition, signed by five percent (%5) of the undergraduate students, to the Legislative Council.

b. All recall petitions must have a recall statement clearly stating the justification for the recall attempt. The individual(s) specified in the recall petition may challenge the validity of the petition if it is felt that the recall statement misrepresented the factual comments or events by filing a complaint with the ASUCI Judicial Board. Judicial Board members may challenge the recall petition through the Judicial Board Oversight Committee.

c. Upon presentation of said petition, the Legislative Council shall submit it to a vote of the undergraduate students not less than fifteen (15) academic days or more than two (2) academic quarters from the date of presentation of the petition to the Legislative Council.

d. Regular election procedures shall be followed as prescribed in the Elections Code.

e. A two-thirds (2/3) vote to recall, with at least twenty percent (20%) of the undergraduate students voting, shall be required to recall an elected officer or Judicial Board member.

f. Upon failure of a recall election, the specified elected officer or Judicial Board member shall not be subject to another recall for at least ten (10) school weeks.

All referenda, initiatives, ASUCI fee initiatives, or recall elections shall coincide with the most immediate regularly scheduled fall or spring student body at-large election, or a winter special election. No referendum, initiative, fee initiative, or recall petition may call for a lock-out (lockin) of ASUCI fees, annual budgetary allocations or investments; the allocation of all ASUCI funds remains the sole responsibility of the Legislative Council.

ARTICLE IX

ELECTIONS

Section A

1. Control of all elections and related activities shall rest with the Election Commissioner, as empowered by the Election Code which shall be subject to the approval of the Legislative Council. The Elections Commission shall be chaired by the Executive Vice-President and shall consist of the Elections Commissioner and three (3) Deputy Commissioners, nominated by the Executive Vice-President and approved by a majority vote of all the voting members of the Legislative Council present. Should the Executive Vice President declare his/her candidacy for an

ASUCI elected position, the Executive Cabinet shall choose another member of the Executive Cabinet to Chair the Elections Commission. No Executive Cabinet Member may serve as Chair of the Elections Commission who has declared candidacy for an ASUCI elected office

2. Any decision of the Elections Commission shall be final unless appealed to the Judicial Board.

3. Two (2) regular elections shall be held each year, one (1) during the Fall quarter and one during the Spring quarter.

4. One (1) Winter quarter special election will be held at the request of a validated referendum, initiative, or recall petition.

5. The specific dates for regular and special elections shall be set by the Legislative Council as prescribed in the Elections Code.

ARTICLE X

CONSTITUTIONAL AMENDMENTS

Section A

Amendments to this Constitution may be made by either of the following two (2) methods:

1. Upon approval of a two-thirds (2/3) majority vote of the voting members of the Legislative Council.

2. Upon presentation of a petition, signed by ten percent (10%) of the undergraduate students to the Legislative Council.

Upon fulfillment of either (a) or (b) above, the Legislative Council shall submit said amendment to a vote of the undergraduate students. Regular election procedures shall be followed as prescribed by the Elections Code and the last paragraph of Article VIII of this Constitution.

Section B

The Legislative Council shall arrange for proper publicity of the election, which shall include, but is not limited to, the publications and broadcast of the full text of the amendment in the various student media during the school week prior to the election. Full texts shall also be made available at the polls and at the other regular distribution locations.

Section C

A two-thirds (2/3) vote, with at least twenty percent (20%) of the Associated Students voting and the approval of the Chancellor, shall be required for the adoption of the amendment(s).

ARTICLE XI

BY-LAWS

Section A

ASUCI By-laws shall be established and/or amended by a three-fourths (3/4) vote of the voting members of the Legislative Council.

Section B

Amendments to the By-laws shall be proposed and automatically tabled one (1) school week prior to the vote by the Legislative Council, to allow for their review.

ARTICLE XII

STUDENT RIGHTS

Section A

We, the Associated Students, University of California, Irvine, hold the following to be the basic rights of students. It is binding on ASUCI to recognize these rights, and where necessary, protect and nurture them.

1. Students shall not be restricted in their freedom of investigation and expression.

2. Students have the right to organize.

3. Students shall be free to choose their associates without fear or consequence.

4. Students have the right to privacy.

5. Students have the right to influence decisions which affect them.

6. Students have the right to seek redress from grievances.

7. A student's academic progress shall be evaluated solely on the basis of his/her academic performance.

8. Student communications media shall have the right to editorial independence.

The enumeration of certain rights herein shall not inhibit those rights guaranteed students by the Constitution of the United States of America.