SB-81.09, passed by the ASOSU Congress and signed by the ASOSU President, refers Ballot Measure 01.22 to the student body for approval or rejection in the 2022 ASOSU Election:

MEASURE TEXT OF ASOSU BALLOT MEASURE 01.22:

Preamble

We, the Associated Students of Oregon State University (ASOSU), in order to promote academic excellence, encourage the development of the student body, and support the varied interests of students as members of the academic community through democratic representation, hereby establish an association and adopt this Constitution.

Definitions

  1. ASOSU Student Body,” or simply “student body,” means the collective of at-large members of the ASOSU, who are students defined as members of the student body below under the heading, Representation.
  2. “ASOSU Student Government,” or “the ASOSU,” refers to all constituent branches, structures, and entities originating from and under the jurisdiction of this Constitution.
    1. Except in judicial duties or where otherwise stated, wherever the “ASOSU Student Government” is herein vested authority or duty, this refers to passage of the decision by the ASOSU Senate, subject to veto by the President with the possibility of override, as detailed in Article I.
  3. “Officer of the ASOSU Student Government” refers to any person who is a member of the ASOSU Student Body elected, appointed, or succeeding to an office established by this Constitution or by the student government pursuant to this Constitution.
    1. These persons, in reference to a specific branch or office of the ASOSU Student Government, may be referred to in plural as “members of” that division.
  4. “Constituency” means a set of students grouped together distinctly from, but included within, the entirety of the ASOSU Student Body.
  5. “Independent entities,” including the distinct categories of “independent offices,” “independent bodies,” and “independent services,” are defined under their respective subheadings in Article II.
  6. “Statutes” shall constitute all acts passed by the ASOSU Student Government, in accordance with, but separate from, this Constitution.

Representation

  1. All Oregon State University (OSU) students enrolled in at least one Corvallis-based course, as defined by the university, are members of the ASOSU. Membership of other OSU students, where required by applicable law or university policy, shall be represented by the ASOSU with the same rights accorded to them.
    1. No student shall lapse in membership within the ASOSU Student Body, or eligibility for office, simply for failure to enroll for one or more credits during the summer or other academic breaks, or prior to adding or withdrawing from registered credits within the current academic term. However, to vote in ASOSU elections (see Article VI), members must be enrolled in at least one eligible credit hour by the time of the election, or by a time up to two weeks prior, as deemed necessary by the ASOSU Student Government.
  2. The ASOSU shall not discriminate on the basis of age, color, disability, gender identity or expression, genetic information, marital status, national origin, race, religion, sex, sexual orientation, or veteran status in any of its policies, procedures or practices.

Article I: The Senate

  1. Purpose
    1. All legislative power and fiscal control is vested in the ASOSU Student Senate (“Senate” hereafter) as provided in this Constitution.
    2. The Senate shall establish and maintain a statute system delineating procedural rules of the ASOSU Student Government.
    3. The Senate shall initiate such acts and programs as it deems necessary to carry out its responsibilities as delineated in the ASOSU Constitution.
      1. These may include, but are not limited to:
        1. Promotion of the personal development, academic success, and civic engagement of the student body;
        2. Requests for the collection of incidental fees;
        3. Allocations pertaining to budgeting, spending, and revenue;
        4. Structural changes to the ASOSU Student Government and its constituent branches, bodies, positions, and structures;
        5. Requirements for the conduct of persons holding office in the ASOSU Student Government;
        6. Public statements and issue positions on behalf of the ASOSU;
        7. Services or programs to support students, improve campus life, and foster community partnerships.
      2. All legislation passed by the Senate, except those pertaining to its own rules of procedure, shall be presented to the President. The President may sign or veto this legislation within seven days of receipt from the Senate.
        1. In the absence of a signature, or the absence of a veto, from the President within seven days of receiving legislation, it shall automatically go into effect. If this period of seven days does not elapse prior to the end of the session, the legislation is being vetoed.
        2. All legislation that has been vetoed by the President shall automatically be resubmitted to the Senate. Presidential vetoes may be overruled by a concurrence of two thirds of the membership of the Senate.
  2. Membership
    1. The Senate shall comprise no fewer than twelve seats, and no more than thirty-five, for which elections are held annually. Each seat shall carry a term of office of one year.
    2. The Senate may comprise, in whole or part, either at-large members, or members that hold constituency-based seats as described in Article I C.
  3. Constituencies
    1. At any time prior to establishment of the Elections Committee under Article VI, the Senate may establish by statute constituency-based seats for the applicable election cycle.  Constituency-based seats:
      1. May represent a constituency on the basis of undergraduate, graduate, or other student classifications, major or minor, academic college, affiliation with a campus partner or organization, or any combination of these or other qualifications.
      2. May only be established if each student that is in the student body will be  represented by at least one constituency-based seat.
  1. Prior to the establishment of constituency-based seats for the Senate, the Judicial Council (JC; see Article III) shall review the constituencies to determine conformity with the requirements of Article 1(C)(a) as well as whether significantly disproportionate representation of one population of students over another is likely to exist. If so, the JC shall notify the Senate and President (see Article II), after which the constituencies must be appropriately adjusted and reviewed by the JC in order to pass.
    1. Significantly disproportionate representation shall be determined when the best available estimate at the time of review suggests that the ratio of constituency-based seats to the number of students in the  constituency group is more than double the ratio of constituency-based seats to the number of students in any other constituency group.
    2. Representation for these purposes shall be determined by the number of persons to which the constituency applies, irrespective of whether they vote in the student body elections.
    3. The review and adjustment of seats shall only be applicable at the time of enactment of constituencies. Constituencies shall not be in considered in violation of this Constitution solely due to changes in available enrollment or demographic data since their original review, but the JC may mandate reapportionment under the following circumstances:
      1. Any student may formally object to the constituencies in effect due to disproportionate representation arising since their original review, and file a case with the JC. If the JC accepts this case and concurs with the student, the ASOSU Student Government must either establish new constituencies for the subsequent election or, by default, the seats will be elected at-large.
      2. Constituencies in effect shall be considered in compliance with this Constitution until the end of their representative’s term in office.
  1. Delegation of Seats for Collection of Mandatory Incidental Fees
    1. A set number of seats in the Senate, of which there shall either be none, or no fewer than seven, may be separately elected by the ASOSU Student Body for the delegation of matters related to the collection of mandatory incidental fees by the governing board of the university (the “Mandatory Incidental Fee Committee”).
      1. The senators elected for this purpose shall be seated on a committee for that purpose, which shall assume the powers delegated. Other senators or persons not elected for that purpose shall not be eligible for voting membership on this committee.
      2. The full Senate shall not act on matters delegated to the  Mandatory Incidental Fee Committee , unless and until the committee is repealed, and after the terms of office for members of the committee have expired.
        1. The exercise of legislative authority by the Mandatory Incidental Fee Committee shall be equally subject to veto by the President. In the event of a veto, the full Senate shall vote upon whether to override the veto.
      3. Prior to establishing the Mandatory Incidental Fee Committee, the Senate shall determine the make up of the Mandatory Incidental Fee Committee. No constituency-based seats may be established to serve on the Mandatory Incidental Fee Committee, unless each student is represented by at least one constituency-based seat on the Mandatory Incidental Fee Committee. All conditions applicable to constituency-based seats that apply to the Senate under Article I(c), apply equally to the Mandatory Incidental Fee Committee.
      4. The quorum necessary for the Mandatory Incidental Fee Committee to conduct business may not be set at a lower proportion than constitutionally required for the Senate.
  2. Composition
    1. The ASOSU Student Government shall determine the following attributes of the Senate on a standing basis:
      1. Amount of seats;
      2. Scope of constituencies, or lack thereof;
      3. Delegation, or lack thereof, of seats to be elected for collection of mandatory incidental fees.
    2. No change to the amount, constituency basis, or delegation for collection of mandatory incidental fees, of Senate seats shall be passed except prior to the election of the Senate for which it is intended to take effect.
  3. Presiding Officers
    1. The Vice President of the ASOSU shall be the President of the Senate, but shall only vote in the event of a tie.
    2. The Senate shall choose one of its members to serve as the President pro tempore of the Senate, who shall preside in the absence of the Vice President.
    3. The Senate may establish other officers to assist in the affairs of the Senate.
  4. Rules of Procedure
    1. The quorum necessary for the Senate to conduct business shall be a simple majority of the current membership of non-vacant seats (but no less than three), except in such cases as a greater quorum may be defined by the Senate or the ASOSU Student Government.
    2. The Senate may establish rules of its proceedings, discipline its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
    3. All meetings of the Senate shall be public, except as provided by state law.
    4. The Senate shall keep records of its proceedings, including recorded votes, minutes, and agendas.
    5. The Senate shall be in session, at a minimum, during the fall, winter, and spring academic terms.
  5. Confirmations
    1. The Senate shall have the sole authority to confirm, and may also reject when necessary, the following nominations:
      1. The appointed staff of the ASOSU President;
      2. Members of the Judicial Council, as appointed by the ASOSU President;
      3. Persons appointed to an independent executive office through the processes established for that office.
      4. The employees or agents of independent executive branch services, to the extent the ASOSU Student Government determines the confirmation process applies to such positions.
  6. Disciplinary Proceedings and Termination of Office
    1. The Senate is responsible for initiating disciplinary proceedings against officers of the ASOSU Student Government for serious violations of the ASOSU Constitution, duties and obligations enacted under this Constitution, applicable law, or university policy.
      1. The Senate may initiate disciplinary proceedings including the possibility of termination of appointment to the office within ASOSU, with the concurrence of a simple majority of the members of the Senate present.
      2. Following the initiation of disciplinary proceedings, the Senate shall provide due opportunity for testimony from any involved parties, and may vote to remove a person from their office with a concurrence of two-thirds of the members present. The chair of the Judicial Council, or a judicial councilor appointed by the chair, shall preside over this vote, unless absent from the meeting in question.
    2. No persons shall be permitted to preside over their own disciplinary proceedings.

Article II: The President and Executive Leadership

  1. President and Vice President
    1. The executive authority of the ASOSU shall be vested in the President, within the limitations established herein.
    2. The President and Vice President of the ASOSU shall serve for one year.
    3. The President of the ASOSU shall be responsible for conducting the principal administrative affairs of the ASOSU Student Government. The functions accorded to the President include, but are not limited to:
      1. Representing the ASOSU to increase the visibility and influence of student needs and interests;
      2. Approval or veto of acts of the Senate, as defined in Article I;
      3. Management of spending across the ASOSU budget, except for such portions as expressly delegated to the Senate, Judicial Council, Elections Committee, or Appointments Committee, or to any part thereof;
      4. Maintaining staff, task forces, executive committees, or other structures as may benefit the objectives of the executive branch;
      5. Supervision of staff accountable to the ASOSU President (including appointment or termination of their position within ASOSU Student Government);
      6. Establishing policies or procedures applicable to the administration of the executive branch, within the limitations of the Constitution;
      7. Additional responsibilities as may be established by the ASOSU Student Government.
    4. The functions accorded to the Vice President include, but are not limited to:
      1. Representing the ASOSU to increase the visibility and influence of student needs and interests;
      2. Presiding over the ASOSU Senate as the President of the Senate.
      3. Succession to the office of the President in the case of a vacancy;
      4. Management of spending across any portions of the ASOSU budget  delegated to the Vice President by the ASOSU Student Government or by the President;
      5. Performing oversight and assistance to the executive committees, task forces, services, and staff of the executive branch;
      6. Supervision of staff as defined by the ASOSU President;
      7. Additional responsibilities as may be established by the ASOSU Student Government.
    5. The President of the ASOSU shall, with the advice and consent of the Senate, appoint staff and members of the Judicial Council.
    6. The President of the ASOSU shall deliver an address to the Senate at least once each year to inform all members of the ASOSU on the State of the Students.
  2. Succession
    1. If the office of President is vacated during the elected term of office, the Vice President shall succeed to the office of President.
    2. In the event that the office of Vice President is vacated during the elected term of office, the President shall, with the advice and consent of the Senate, appoint a member of the ASOSU to succeed to the office.
    3. If the offices of President and Vice President are vacated during the elected term of office, the President pro tempore of the Senate shall succeed to the office of President.
  3. Independent Entities
    1. The ASOSU Student Government may legislate the establishment of entities residing within the executive branch, whose accountability to the directives of the President is limited. These independent entities must belong to one of the following categories:
      1. Independent Offices shall include any position which resides within the executive branch, which may or may not be accountable directly to the President, but accountable to the branch or office of ASOSU Student Government specified in the statute. The responsibilities of such an office are defined by statute, which may include following the directions of a committee. The Appointments and Elections committees are suitable for this purpose. Independent Offices serve as support staff, and may not exercise binding authority, except as part of the Elections Committee.
      2. Independent Bodies shall include any committee or body of advisory or consultative character which resides within the executive branch, but which serves independently from the President. Independent Bodies shall not exercise binding authority.
      3. Independent Services constitute a program housed within the ASOSU Student Government for which autonomy of its operations is protected by the provisions of this Constitution. Independent Services may be established with a defined purpose and provided resources and staff for the implementation of the desired service.
        1. Following the establishment of an independent service, the following powers are reserved in relation to the service:
          1. Branding, for which the President can direct the service to follow brand guidelines applicable to the rest of the ASOSU Student Government.
          2. The President may approve of fund balance usages in excess of anticipated spending.
          3. The leadership of an independent service shall report to the Senate upon request.
          4. Formation and dissolution
        2. Dissolution of independent services shall require the concurrence two-thirds of the Senate, and for funded and operating services, shall not take effect until the following fiscal year.

Article III: The Judicial Council

  1. Purpose
    1. Ambiguities on matters relating to the interpretation of applicable rules and procedures under the purview of the ASOSU Student Government, shall be resolvable by a Judicial Council (JC).
    2. The JC may consider any case or controversy brought before it by any member of the ASOSU Student Body pertaining to any parties or institutions, or the actions thereof, under the jurisdiction of this Constitution.
      1. The Judicial Council shall notify both the filer(s) and the ASOSU Student Body of the acceptance or rejection of any case brought before them within two weeks of receipt of the case. In the case of a rejection, the Judicial Council shall also provide a justification for the rejection.
      2. The JC may provide a decision on the interpretation of the Constitution or other acts of the ASOSU Student Government, upon request by a member of the student body. The JC may decide whether or not to accept such cases on the basis of relevance.
        1. The Judicial Council shall be the final authority on questions of interpretation of the ASOSU Constitution and Statutes.
      3. The JC may conduct a non-binding review of the Constitutionality of any legislation following passage by the Senate. The ASOSU Student Government may compel or invite the JC by statute to  provide review, but may not limit the review.
        1. As part of this review, the JC may provide a nonbinding advisory to the President prior to signature or veto, on any areas of judicial interest.
        2. In cases of clear and present violation of the Constitution, the JC may rule against the constitutionality of acts of the Senate, but no later than two weeks following passage by the Senate, and only with the concurrence of two-thirds of the JC.
  2. Membership
    1. The Judicial Council shall consist of at least five members appointed by the President of the ASOSU with the advice and consent of the Senate.
      1. In addition to these five members, any of the following persons may serve on the Judicial Council for one term, subject to their expression of interest and confirmation by the Senate:
        1. Any eligible student who shall have previously served at least one year, or the greater part thereof, as the President or Vice President of the ASOSU.
        2. Any eligible student who shall have previously served at least two years, or the greater part thereof, in any elected office of the ASOSU Student Government, including those appointed to fill a vacancy.
      2. Members of the Judicial Council of the ASOSU shall serve for two year terms.
    2. The Judicial Council shall choose its officers, including a chair, from within its membership.
    3. The Judicial Council shall be responsible for implementing the Judicial Council Policies and, with the advice and consent of the Senate, modify these policies to meet current needs.

Article IV: Elections Administration

  1. Timelines
    1. An Elections Committee shall be established no later than Friday of Week 6 of Fall term.
    2. The election procedures shall be printed by the first day a candidate may file for election.
    3. The members of the Senate who are not filing for candidacy in the immediate General Election (if able to meet quorum as defined in Article I) may make changes in election procedures and regulations up to one week prior to that printing. Any member of the Senate filing for candidacy for any ASOSU position in the immediate General Election must abstain from any vote regarding election procedures. The Senate shall not make changes after printing without the consent of every candidate.
  2. The Elections Committee
    1. The Elections Committee of the ASOSU may consist of officers of the ASOSU  Student Government, as well as at-large members of the student body.
    2. The Vice President of the ASOSU shall supervise the creation and appoint members to the Elections Committee. In the case of actual or potential conflicts of interest, the Vice President shall instead request that the JC Chair, or another member of the JC if the JC Chair is similarly conflicted, appoint committee members.
      1. The committee shall choose a chair and any other officers from among its membership, or as defined in statute.
    3. It shall be the duty of the Elections Committee of the ASOSU to:
      1. Set election dates, filing deadlines, and the inauguration date; propose election rules to the Senate for passage as statutes; and publicize these rules to the ASOSU.
      2. Arrange the election process and provide opportunities for the candidates to express their views to the ASOSU.
  3. Elections Procedures
    1. The chair of the Elections Committee, if a member of the Senate, may optionally take a temporary leave of absence from their seat to dedicate additional time to overseeing the elections process. A standing proxy, appointed by that senator and eligible to hold office in ASOSU, may also fulfill the duties of the senator in their absence from the Senate.
    2. Elections shall also be available to other recognized student organizations wishing to hold a campus-wide election. Each organization will determine the position(s) they want subject to election, the procedure for placing nominations on the ballot, and eligibility for each position. This information shall be due at the end of the term prior to the elections for inclusion in the elections packet.
      1. Usage of the ballot by student organizations shall be subject to approval by the Elections Committee.
    3. No member of the elections committee shall run for an elected office while serving on the Elections Committee.
    4. Voting shall be done by secret ballot.

Article V: Appointments Committee

  1. Purpose
    1. The ASOSU Appointments Committee shall serve to fill vacancies arising in the Senate, or in any other vacant positions established by the student government for which another appointment process is not established.
  2. Membership
    1. The President, Vice President, President pro tempore of the Senate, and Judicial Council Chair, shall comprise the membership of the Appointments Committee. The Judicial Council Chair shall chair meetings of the committee, unless absent, in which case the remaining members may choose a temporary chair among themselves.

Article VI: Holding Office

  1. Requirements for Candidacy or Appointed Positions
    1. All candidates for elected or appointed offices of the ASOSU Student Government must:
      1. Be currently admitted to the university.
      2. Be eligible for student employment with the university except for requirements regarding credit hours or eligibility for employment in the United States. 
      3. Have been previously enrolled in at least one prior OSU or college-level credit, or be enrolled in their first term at Oregon State University
    2. Occupants of any ASOSU office may refuse employment with the university including any associated pay at their discretion. Occupants of these offices may also refuse to receive compensation as an independent contractor, or through any other means of compensation provided on behalf of the university.
    3. All student employment by the university is subject to university requirements.  
    4. An occupant of ASOSU office rendered unable to receive compensation, as an employee or otherwise, does not by this alone fail or cease to occupy the office, if meeting all requirements to hold office stated herein.
    5. Additional qualifications for appointment or candidacy may be established by a two-thirds vote of the Senate.
    6. The requirements of this article apply to all elected, appointed or successor office holders at all times while holding any ASOSU office.
  2. The Oath of Office
    1. All officers of the ASOSU Student Government shall have signed in writing, or verbally sworn or affirmed their accordance with, the oath of office prior to exercising the duties of their respective offices, recited as follows:
      1. I (full name)... enter into this solemn oath (or affirmation) as (position)... of the Associated Students of Oregon State University... with the pledge to be constantly faithful... to the obligation I now accept.
      2. I swear (or affirm) to uphold and execute... to the best of my abilities... the provisions of the Constitution and such acts... as may be passed according to those provisions.
      3. These things I solemnly affirm... and stand ready to be challenged... should I fail in my obligation.
  3. Branches of Government
    1. Except where otherwise stated, no person shall concurrently:
      1. Serve in more than one elected office, or appointment to a vacancy of that same office;
      2. Exercise the powers of offices within two or more of the following classifications:
        1. Positions of legislative authority established under Article I;
        2. Positions of executive authority established under Article II;
        3. Positions of judicial authority established under Article III.
      3. Hold more than one seat within a voting body of the ASOSU Student Government.
    2. Under this Constitution, the Elections Committee and Appointments Committee both serve as distinct branches of the student government. Members of either committee who also serve in positions established under Article I, II, or III of this Constitution may exercise the duties thereof concurrently, except where otherwise stated.

Article VII: Amendments

  1. Amendment
    1. Amendments to the ASOSU Constitution may be initiated by a signed petition of no less than five percent of the members of the ASOSU Student Body or by a bill passed by a two thirds majority vote of the Senate.
    2. Any constitutional amendment referred to the student body by ballot must be voted on by a majority of those submitting a ballot. The threshold for the measure to pass shall be at least two-thirds in the affirmative. Should a majority of those submitting a ballot abstain from voting on the amendment, the amendment shall fail.
  2. Legislative Referendum
    1. The Senate, acting on a petition signed by no less than five percent of the members of the ASOSU Student Body, may refer any proposed legislation to the ASOSU Student Body for a vote. A simple majority of those voting is required for passage of the legislation.
  3. Legislative Initiative
    1. The ASOSU Student Body may petition for initiative measures. All proposed petitions must be submitted to the Judicial Council prior to circulation for signatures. The Judicial Council shall ensure that the petition is in correct form, and shall see that clarity, consistency, and full disclosure is maintained throughout the entire initiative process. The Judicial Council must take action, once the petition has been submitted, within five days, excluding Week 10 and breaks between terms.
    2. A petition must be signed by at least five percent of the ASOSU Student Body and presented to the President of the ASOSU to verify signatures. Within three weeks following verification of signatures, the President of the ASOSU, in cooperation with the ASOSU Elections Committee, will authorize a special election concerning the petition. A simple majority of those voting is required for passage of the initiative.
    3. A petition shall be declared null and void by the President of the ASOSU, and therefore not subjected to a special election if:
      1. The petition was not submitted to the Judicial Council prior to the collection of signatures.
      2. The petition was not signed by at least five percent of the ASOSU Student Body.
  4. Financial Initiative and Financial Referendum
    1. The process for Financial Initiatives and Financial Referendum shall be defined in the Statutes of the ASOSU Student Government.
  5. Recall
    1. The elected officials of the ASOSU Student Government shall not be subject to recall for six weeks following their election. After that time, recall of any elected official of the ASOSU Student Government may be initiated.
    2. Recall shall be initiated by a signed petition of at least ten (10) percent of the ASOSU Student Body that voted in the last election or by a signed petition of two thirds of the Senate.
    3. The petition shall be reviewed by the Judicial Council to ensure clarity and full disclosure.
    4. After proper initiation of recall, the Elections Committee shall call a special election within three weeks. A two-thirds majority of those voting in the special election is required for recall.

Article VIII: Enactment

  1. Definitions for this article:
    1. Regular election refers to the election held by the ASOSU Student Government each year, irrespective of any special considerations, for the purpose of fulfilling its duty of electing persons to office in accordance with the Constitution.
    2. Act means any statute, directive, law, bylaw, rule, binding resolution or bill, or otherwise binding act of the ASOSU Student Government or its constituent bodies or offices. No part of the Constitution itself is defined as an act for these purposes.
    3. Ratification means the approval of proposed changes to the Constitution by the voting members of the ASOSU student body within the requirements for amendment set by the Constitution in effect at the time of voting.
    4. Enactment means the entering of this Constitution into effect.
    5. Continuing effect refers to any effect or action by the ASOSU Student Government which is being fulfilled on an ongoing basis or is yet to be completed. Approved fee recommendations are not in continuing effect, having already been duly requested and/or assessed. Contracts, agreements of a contractual nature, fiduciary debts, and memorandums of understanding are excluded from this definition.
  2. Upon ratification, this Constitution shall be enacted subject to the following conditions:
    1. Date of Enactment: The next regular election of the ASOSU following ratification shall be held in a manner consistent with the positions to be filled under the provisions of this Constitution and as provided herein. In all other respects, this Constitution shall take effect on the June 1 following that same election, at 12:00 p.m. Pacific Time.
    2. Succession: This Constitution shall supersede all prior iterations of the Constitution. Any acts in continuing effect prior to the enactment of this Constitution shall be null and void, except as provided below:
      1. The ASOSU Congress may expressly establish acts to take effect upon the enactment, and within the constraints, of this Constitution, in the same manner as under the prior Constitution.
  3. All relevant terms of enactment having been addressed by the time of the second regular election following ratification, this article may then be omitted from subsequent copies or printings. This article shall have no continuing effects beyond the period of transition to which it applies. (It is advisable that this article be retained separately for records purposes.)

END OF MEASURE TEXT.