Andrenna Berggren California 0

Amendment to SBA Constitution re Endorsements

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UCI Law's Student Bar Association ("SBA"),

AFFIRMING that Article II, Section A of the SBA Constitution states that “[a]ll matriculated students of the University of California, Irvine School of Law, as members of the student body, shall be members of the SBA.”

RECOGNIZING that there is debate over whether SBA’s power “to pursue all matters of concern to the student body” (SBA Constitution, Article 1, Section A) grants SBA the right to make endorsements, on behalf of the entire student body, on political issues outside the scope of UCI Law.

We, the undersigned, call for a vote on a Constitutional amendment to address if SBA can issue endorsements; and if so, what procedure should be used when voting on potential endorsements.

Under Article 5 of the SBA Constitution, after SBA “receives a petition bearing signatures of at least ten percent of the student body,” an “election shall take place no sooner than one week and no later than two weeks from the date the Board receives the petition.”

The amendment election shall include a ballot that allows students to vote between the following options:

Amendment Draft 1: The SBA board shall not issue political, legal, or religious endorsements on behalf of the entire SBA. However, SBA may not preclude other official student organizations from issuing political, legal, or religious endorsements.

Amendment Draft 2: The SBA board may issue political or legal endorsements on behalf of the entire SBA. The issuance of endorsements on behalf of the entire SBA shall require a student body election, with a majority vote of those students voting in favor of issuing the endorsement.

Amendment Draft 3: The SBA board may issue endorsements on behalf of the entire SBA. Issuance of an endorsement on behalf of the entire SBA requires that the student body be notified of the proposed endorsement via email at least two weeks in advance of a final SBA board vote on whether to support said endorsement. Students must be given a chance to express their opinions in at least one SBA board meeting before a final vote on said endorsement. Class representatives must make a good faith effort to solicit the views of each class at least one week before the final SBA board vote.

RECOGNIZING that Article 5 of the SBA Constitution indicates that the “Constitution may be amended by a majority vote of those students voting, with a requirement that a minimum of 25 percent of the student body must have voted in the election.” Also recognizing that the inclusion of three options allows the possibly of all three options failing to achieve a “majority,” (defined in the by-laws as “50% +1”), signature of this petition also serves as approval that, in the case of no majority, the undersigned call for a vote of the top two options from the first constitutional amendment election requested in the petition.



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