Constitution
ARTICLE I - NAME
The name of this organization shall be The University of New Mexico School of Law Student Bar Association, hereinafter called Student Bar Association or SBA.
ARTICLE II - PURPOSE
The purposes of the Student Bar Association shall be:
- To promote professional, scholastic, and social activities among its members
- To promote cooperation and communication between students and faculty
- To encourage association of the students with members of the legal profession through liaison with the State Bar of New Mexico and other organizations
- To instill in its members an appreciation for ethical standards in the practice of law
- To promote and maintain the prestige and high standing of the University of New Mexico School of Law
- To encourage and promote the representation of New Mexico's cultural and ethnic diversity in the University of New Mexico School of Law and in the legal profession
ARTICLE III - GOVERNING POWER
The powers of the officers and committees hereinafter provided shall be only those powers granted by this constitution.
ARTICLE IV - MEMBERSHIP AND MEMBERSHIP DUES
- Membership. Every actively enrolled student of the law school is a member of the Student Bar Association.
- Dues. There shall be no dues. The SBA may charge for the use of its lockers in a one-time transaction with each First-Year student. Transfer and Visiting students shall be charged a proportionate amount for locker rental. Once rented, the locker shall be for the use of the student as long as they are enrolled. The SBA Secretary shall maintain a log of locker assignments. The locker fee may be waived or refunded for any student who so requests in writing by a majority vote of the Executive Committee.
- Membership Rights. All members may vote, sign nominating petitions, and run in SBA sponsored elections, subject to Article XIV. All members may attend all SBA meetings, either General, or Executive Committee, except for when closed by majority vote of the Executive Committee according to Article XII, Section 2, for good reason, such as Student Code of Conduct related meetings where privacy shall be protected. All members may attend all SBA social and community service functions and may bring a reasonable number of guests.
- Additional Fees. The Executive Committee may charge admissions fees and service charges as necessary to pay for various functions and services, and this may apply to members, nonmembers, or both. Such events and charges may be used to raise funds for other activities approved by the Executive Committee. These fees and charges may be waived or refunded for any student who so requests in writing, by a majority vote of the Executive Committee.
ARTICLE V - OFFICERS: THE EXECUTIVE BOARD
The Executive Board shall be made of:
- The President: A Third-Year Student elected in the Spring Election by the entire membership.
- The First Vice-President: A Third-Year Student elected in the Spring Election by the entire membership.
- The Treasurer: A Third-Year or Second-Year Student elected in the Spring Election by the entire membership.
- The Second Vice-President: A Second-Year Student elected in the Spring Election by the entire membership.
- The Secretary: A Third-Year or Second-Year Student elected in the Spring Election by the entire membership.
- Two First-Year Class Representatives: 3 Class Representatives each from the First-, Second-, and Third-year classes.
ARTICLE VI - OTHER ELECTED REPRESENTATIVES
- Faculty Committee Representatives and Graduate and Professional Student Association (GPSA) Representatives shall be elected by each class. Representatives for the First and Second-Year Classes shall be elected in the Spring Election, to serve those classes while they are Second and Third-Year Students. When the new First-Year Class arrives each Fall, it shall elect its Faculty Committee and GPSA Representatives, who shall serve until the Spring Election provides successors. Should any Representative resign of desire to step down from their duties temporarily, the Association President shall nominate a temporary replacement for the approval of the Executive Committee. A replacement for the remainder of the term shall then be elected in a Special Election or the next General Election at the discretion of the Executive Committee.
- A fourth GPSA Representative shall be appointed by the President of the SBA and approved by a majority of the Executive Committee in the Fall, or in the Spring if the holder of the position will graduate before the Fall. This Fourth Representative may be a member of any class. Should the GPSA decide to allocate additional Representative positions to the Law School, they shall be filled by this same appointment process. This representative may be appointed in accordance with the amount of representatives apportioned to the School of Law by GPSA.
- The entire Association membership shall vote, in the Spring General Election, for an American Bar Association Representative to serve as the SBA representative to the Law Student Division of the American Bar Association at regional and national meetings of that organization. The American Bar Association Representative must be a Second-Year or Third-Year Student in good standing.
- The SBA President, with the approval of the Executive Committee, shall have the right to appoint other student representatives if not listed in the Article or Article XV. The Executive Committee shall also have the right to place additional positions on election ballots, to encourage discussion and interest in such positions, to ensure representative democracy in student government, and to allow the Association to adapt to changing structures and needs inside and outside of the Law School. The Executive Committee shall indicate prior to any such election whether or not it will consider the election results as binding, or as a non-binding poll of Association membership opinion. This binding/non-binding status shall be posted with the announcement of the election, and shall be printed on the ballots of that election.
ARTICLE VII - TERM OF OFFICE FOR S.B.A. OFFICERS
- All SBA officers elected in the Spring General Election shall take office upon the closing of the Spring Commencement.
- All SBA officers elected in the Fall General Election shall take office immediately upon election certification.
- All SBA officers elected in Special Elections shall take office immediately upon election certification.
- SBA officers shall serve until their respective replacements take office. This section does not apply to SBA officers who resign or who are recalled from office.
ARTICLE VIII - RECALL OF OFFICERS
- Any SBA member may initiate a recall election of any member of the Executive Board with a petition including 100 members’ signatures.
- The recall election shall be governed by the appropriate provisions of Article XIV.
ARTICLE IX - DUTIES OF OFFICERS
- Duties of the Executive Board. The Executive Board:
- shall be responsible for the management and control of the Association,
- may create committees with powers and duties as needed,
- shall make all student appointments not provided for in Article VI and Article XV, which shall be controlling,
- shall approve the final budget in accordance with Article XI,
- shall have at least two (2) general meetings of the Association each semester. Notice of each meeting shall be posted at least three (3) days in advance.
- The President. The President shall:
- coordinate all activities of the Executive Board,
- be responsible, with the Treasurer, for keeping expenditures within the budget,
- have the duty to appoint one SBA member from each class to serve on the Constitution and Elections Committee in accordance with Article IV,
- have the power to take any actions in furtherance of the purposes in Article II subject to retroactive review by the Executive Board, and
- have any other responsibilities or duties contained elsewhere in the constitution.
- The First Vice-President. The First Vice-President shall:
- chair the Constitution and Elections Committee,
- be responsible for the provisions and procedures of Article XIV, and
- have any other responsibilities or duties pertaining to this office contained elsewhere in the constitution.
- The Second Vice-President. The Second Vice-President shall:
- be responsible for the coordination and execution of all elections according to the provisions of Article XIV, unless the Second Vice President is a candidate in such an election, in which case the First Vice President shall be responsible for the coordination and execution of that election.
- certify all candidates for election in accordance with Article XIV, and
- have any other responsibilities or duties pertaining to this office contained elsewhere in this constitution.
- The Secretary. The Secretary shall:
- be responsible for maintaining a current SBA membership list,
- have the duty to provide notice of the SBA general meetings under Article IV, Section 3, and Article XII,
- have the duty to keep and post minutes of all open Executive Board and SBA open meetings within 7 calendar days of the respective meeting,
- have the duty to serve as member of the Constitution and Elections Committee, and
- have any other responsibilities or duties pertaining to this office contained elsewhere in the constitution.
- The Treasurer. The Treasurer shall:
- collect any due money or fees,
- present a budget proposal in accordance with Article XI,
- maintain accurate, complete and current records of SBA financial status and activities, and
- have any other responsibilities or duties pertaining to this office contained elsewhere in the constitution.
- Class Representatives. There shall be one Class Representative for each class, who shall:
- Assist other SBA officers in the performance of their duties;
- Assist the President in fielding student concerns;
- Where appropriate, and not to the detriment of the Class Representatives’ academic or personal wellbeing, direct students to the appropriate resources, including, but not limited to, law school administrative offices, main campus administrative offices, and associate deans; and
- Have any other responsibilities or duties pertaining to this office contained elsewhere in the Constitution.
- The American Bar Association Representative. The ABA Representative shall:
- serve as the UNM School of Law representative to the Law Student Division of the American Bar Association at regional and national meetings of that organization.
- All elected and appointed SBA officers shall make a reasonable good faith effort to attend all SBA meetings which will be scheduled by the President in consultation with the officers. Any elected or appointed officers who fail to attend three meetings will be removed from office if they do not have a reasonable excuse as determined by the Executive Committee. Any officer so expelled will have the option of running in a Special Election to be announced immediately upon removal of the officer. The special officer replacement election will be held between 14 and 28 days after the officer's removal and candidacies will be conducted in the same manner as a regular election for the position to be filled.
ARTICLE X - LIMITS ON POWERS OF OFFICERS
- No officer shall take any action in contradiction to any provision of this constitution.
- No officer shall spend or withhold funds of the Association in contravention of a majority vote of the Executive Board.
ARTICLE XI - BUDGET
- The budget of the Student Bar Association shall provide for activities and programs pursuant to Article II of this Constitution.
- The Association budget shall not be a major source of funding for other student organizations.
- The Treasurer shall prepare a budget proposal for the major expenses of the Association in consultation with the President.
- The budget must be approved by a majority vote of the Executive Board. The expenditures of any non-budgeted funds of the Association must be approved by a majority vote of the Executive Board.
- The President and the Treasurer shall have executive responsibility for keeping expenditures approved by the Executive Board within the approved budget.
- The approved Budget will be posted and remain posted throughout the school year. Non-budgeted expenditures shall be posted immediately upon approval by the Executive Board.
ARTICLE XII - MEETINGS
- There shall be two types of SBA meetings:
- Executive Board Meetings, which are attended by the executive board, and
- General meetings, which are attended by the Executive Board, Faculty Representatives, and the ABA Representative.
- A minimum of two general meetings of the Association shall be held each semester at a time selected by the President. Additional General Meetings or Executive Board Meetings may be called at a time and place selected by the President. Posting of notice in prominent places of the Law School or via electronic mail three (3) calendar days in advance shall be to all members of any meeting.
- Executive Board Meetings and General Meetings shall be open to all members of the Association except by majority vote of the Executive Board if voted to be a closed meeting.
ARTICLE XIII - AMENDMENTS
- Amendments may be proposed by any member of the Executive Board. The SBA Executive Board shall vote upon proposed amendments and must be passed by a simple majority of the Executive Board to be placed on the ballot. Members must have three calendar days' notice of proposed amendments prior to the election. The amendment must be ratified by a 2/3 majority of the SBA members voting in the general election.
- Any SBA member (as defined by Article IV) may propose an amendment to the Executive Board. The Executive Board has the option to accept or reject the proposed amendment.
- The SBA Executive Board shall vote upon proposed amendments. If the proposed amendment is passed by a simple majority of the Board, it will be placed on the ballot in the next general election. Members must have three days' notice of proposed amendments prior to the elections. The amendment must be ratified by a 2/3 majority of the SBA members voting in the general election.
- Alternate Amendment Procedure
If the Executive Board rejects the amendment or the SBA member chooses not to submit the proposed amendment to the Executive Board, the SBA member must comply with the following procedure:
ARTICLE XIV - ELECTION CODE
- Candidates Requirements and Certification.
- All candidates shall be SBA members in good UNM academic standing according to Law School standards.
- Candidates not in good standing shall not be placed on the ballot.
- For a candidate to be certified, he/she must meet all requirements specified in this constitution.
- Positions with multiple representatives
- There shall be two Student Representatives for each class, one Class Representative and one Faculty Representative.
- When electing representatives for a position for which there are two representatives, the Second Vice President shall differentiate between the positions on the ballot, so as to avoid any confusion.
- In any instance where there is only one candidate for a position allowing for two representatives, the Student Bar Association President may either appoint a second representative or allow the one candidate, once elected, to fulfill the duties of both representatives if possible. Candidates running for positions with multiple representatives shall indicate which specific position they are running for (i.e. whether they’re running for Class Representative or Faculty Representative).
- Students shall not run jointly and/or as a group. Each candidate shall run in their own individual capacity and with their own platform.
- Voters.
Every SBA member may vote in SBA elections, pursuant to Article IV. Proxy and/or absentee ballot voting is not permitted in any SBA election. - Winning.
To win an office in an SBA sponsored election, a candidate needs to win a plurality of the votes cast. No candidate may receive more than one vote from any voter. In case of a tie, a run-off election shall be held under the Election Code, Article XIV, Section 11, with those tied with the most votes placed on the second ballot. - General Election Dates.
- Fall Elections will be held within three weeks from the start of Fall Semester classes.
- Spring Elections will be starting the first school day after Spring Break but no later than the day before the reading period.
- Announcement, Times, and Places for SBA Election Activities.
- The Executive Board shall establish and post this information at least seven calendar days prior to the Fall and Spring Elections and any Special Elections:
- Officers and Representatives to be elected, eligibility and petitions requirements of the office, per the constitution, and deadlines.
- The location, dates and hours of the election and posting of the results.
- This does not apply to special elections. The Executive Board shall post this information at least three calendar days prior to the start of the special election.
- The Second Vice-President shall post this information on the SBA bulletin board and notice of its posting shall be sent to each student either via mailbox notice or electronic mail notice to the student's Law School Computer Account.
- All SBA elections will be held on a Tuesday.
- The Executive Board shall establish and post this information at least seven calendar days prior to the Fall and Spring Elections and any Special Elections:
- Nominating Petitions and Candidate Filing Deadline.
- A nominating petition will be required of each person seeking office elected by the entire membership as specified in Articles V and VI.
- A nominating petition must be completed by an SBA member who is not the candidate running.
- A nominating petition must clearly state the name of the proposed candidate and the office sought.
- Each candidate must file a nominating petition, along with the respective Nomination Acceptance form, with the Second Vice-President by 5:00 p.m. the Friday prior to the start of the elections. Nominating petitions filed after this deadline may be accepted by a majority vote of the Executive Board.
- The nominating petition shall be responded to by the nominee through a Candidates’ nomination Acceptance form, which shall include the Candidate’s name, explicit acceptance of nomination for office, and office sought.
- Notice of Complete Election Information.
Notice will be placed in each student's electronic mailbox or mailbox within 18 hours after the candidate Filing Deadline. This notice will include the day and date of elections, all ballot positions, and all certified candidates, as well as the date and time of a Candidates’ Forum. At the Candidates’ Forum, all certified candidates will have the opportunity to speak about their candidacy, and to receive questions from other Students. - Write-in Candidates.
- Any Student in good standing may become a Write-in Candidate at any point after the deadline for filing of nominating petitions. Write-in Candidates will not have the opportunity to speak at the Candidates’ Forum.
- To win an office, a Write-in Candidate must win a plurality of the votes cast pursuant to Article XIV, Section 3. The candidate’s name does not have to be spelled correctly on each ballot, unless two candidates with the same or similar names are running for the same office, then the exact name and last name of the candidate shall be required.
- Vote Counting.
- Votes shall be counted by the Executive Board, or by the Second Vice-President, within two business days after the end of the election. The uncertified results, including the number of votes received by each candidate, shall be posted by 9 a.m. the following day.
- Each candidate has a right to one recount. A recount demand must be made in writing and presented to any Executive Board member by 5:00 p.m. on the day results are posted.
- If "none of the above" receives greater than 50% of the votes for any position, a run-off election shall be held as per section 11 below.
- Challenges to Election Results or Procedures.
In order to challenge the results of an election procedure, a student must comply with the provisions of Article XV, Section 4. - Run-off Elections shall be held within two business days after the certification of the election that ended in a tie.
- Special Elections.
- The category of Special Elections shall include:
- Votes to recall an officer of the SBA
- Elections to fill a vacant elected position regardless of reason for vacancy.
- Referenda. (See section 13 below.)
- Election provisions for any special election shall be promulgated by majority vote of the Executive Board. The Executive Board shall provide reasonable notice and opportunity to allow a fair resolution of any issue requiring a special election. The Election Code shall be used as a general guideline in Special Elections.
- All provisions that apply to challenge and recounts shall apply to Special Elections.
- The category of Special Elections shall include:
- Referenda.
- The Executive Board shall call a Special Election when presented with a petition containing 100 SBA members' signatures in support of a referendum on the question.
- A referendum petition will state clearly the proposition at issue.
- A referendum may not require any action that is inconsistent with this constitution.
ARTICLE XV - CONSTITUTION AND ELECTIONS COMMITTEE
- The purposes of this committee shall be:
- to certify the results of all SBA elections,
- to hear and decide challenges to all SBA elections excluding recounts, and
- to interpret this constitution when questions are raised according to the procedure outlined within this Article.
- Constitution and Elections Committee Composition.
- The Constitution and Elections Committee will be comprised of the SBA First Vice-President as chair of the committee, the Secretary, the Second Vice-President, and one student appointed from each class, under Article IX, Section 2(c).
- Members appointed by the President shall be appointed by the fourth week of fall semester, upon the approval of the Executive Board. Each committee member shall serve for that academic year.
- Each Constitution and Elections committee member will have one vote. A majority vote is required to approve any proposition or matter.
- Election Certification.
- Absent challenges, this committee shall meet within twenty-four hours after 5:00 pm on the day of the posting of the unofficial election results to certify the election results.
- The Chair of the Constitution and Elections Committee shall post results of the election upon certification.
- Election Challenges.
- All challenges must be presented in writing to the First Vice-President or Secretary of the SBA within twenty-four hours (24) of the discovery of an alleged violation.
- The committee shall meet as soon as possible but not later than seventy-two (72) hours after receipt of the challenge.
- The challenging party must have an opportunity to present his/her case in written form, oral form or both at this meeting.
- In response to challenges, the Constitution and Elections Committee shall have the power to dismiss all challenges, order new elections, place candidates on the ballot, remove candidates from the ballot, reschedule election procedures, and any remedy in furtherance of resolving election challenges.
- Constitutional Interpretation.
- Any SBA member may present any issue requiring interpretation of a provision of this Constitution. Further, any SBA member may also request an interpretation of the constitutionality of any action or actions taken pursuant to the provisions of this document.
- To obtain an interpretation under Section 5a of this article, a petition must be presented to the SBA First Vice-President. This petition must contain a clear and concise wording of the issue with no fewer than thirty (30) signatures of SBA members.
- The Constitution and Elections Committee will meet as soon as possible, but not later than five (5) business days after receipt of a petition pursuant to section 5b of this Article.
- The petitioner shall have the opportunity to present his/her case in written form, oral form, or both at this meeting.
- After determining that the procedural requirements of this section have been met, the Constitution and Elections Committee may recommend to the Executive Board any action it deems appropriate, including, but not limited to: action under Article VII, personal reimbursement of funds to SBA accounts, public announcement, and referendum.
- The Constitution and Elections Committee may in its discretion render an advisory opinion regarding any provision of this constitution, provided however, that only those decisions which regard an actual case or controversy shall serve as binding precedent.
- The Constitution and Elections Committee shall utilize any procedure it deems necessary in pursuit of its constitutional purposes, including, but not limited to: calling of witnesses, presentation of evidence, establishing quorum, time of meetings, place of meetings, and notice of meetings.
ARTICLE XVI - EFFECTIVE DATE
If ratified, this constitution shall become effective on 4 July 1984.
Amendment History
1999 Amendments This Constitution was amended on February 1, 1999 under S.B.A. President Michael Aragon, S.B.A. President for 1998-1999.
2002 Amendments This Constitution was amended on February 26, 2002 under S.B.A. President Patrick J. Griebel, President for 2001-2002. The following amendments were effected on that date:
- Article V § 4 was amended to permit a future second-year or third-year student to run for the position of secretary, effective for elections after the 2002 elections.
- Article VI was amended to formally create an elected S.B.A. position of "American Bar Association Representative".
- Article IX § 4 was amended to assign election responsibility to the First Vice in the event that the Second Vice is running in an election.
- Article XII was amended to specify two types of meetings: "general meetings" and "executive board meetings".
- Article XIII was amended to change the procedure for amending the Constitution.
- Article XIV was amended to delete reference to a paragraph that did not exist.
2006 Amendments This Constitution was amended on September 26, 2006 under S.B.A. President Patrick J. Hart. The following amendments were passed by a majority student body vote, and affected on that date:
- Article VI § 4 was amended to reflect that the ABA Representative will be elected in the Spring General Election.
- Article IX was amended to reflect the duties of the ABA Representative.
- Article XIV § 2 was amended to state that proxy and absentee voting is not allowed in any SBA election.
- Article XIV § 7 was amended to acknowledge the Candidates’ Forum.
- Article XIV § 8 was added to explain the procedures for Write-In Candidates.
- Article XIV § 9 was amended to state that the number of votes received by each candidate will be announced when election results are announced.
2008 Amendments This Constitution was amended on March 4, 2008 under S.B.A. President Ed Perea. The following amendment was passed by a majority student body vote, and affected on that date:
- The Article XIV Section 2 of the SBA Constitution was amended to reflect that an early ballot may be submitted on the Friday prior to the official SBA elections in accordance with section 5d. A two hour time block, during regular daytime school hours, will be announced by the SBA Executive Board. The early voting will take place in the Forum, the Friday before a Constitutionally required election day, as determined by the SBA Executive Committee. The ballots will be received and sealed on the day of early voting and will not be counted until the official voting of all ballots.
- If a special election is called early voting will take place at least three days before the special election and for a two hour period during regular daytime school hours.
2014 Amendments This Constitution was amended on March 4, 2014 under SBA President Daniel Apodaca. The following amendments were effected on that date:
- Article VI Paragraph 3 was amended to allow for two third-year students to serve jointly as student representatives to the Admissions Committee.
- Article XIV was amended to clarify positions under the SBA with multiple representatives and to clarify that students are not allowed to run jointly for any election.
Article XIV Section 2
Every S.B.A. member may vote in S.B.A. elections. For the definition of S.B.A. membership, see Article IV. Proxy and/or absentee ballot voting is not permitted in any SBA election. (Remains in effect)
2015 Amendments This Constitution was amended on February 25, 2015 under SBA President Victor Sanchez. The following amendment was passed by a majority student body vote, and affected on that date:
- Article IV Section 1 was amended to reflect that every actively enrolled student of the law school is a member of the Student Bar Association.
Passed 4/27/21, Confirmed 4/29/21:
Amendment #1
Purpose: Article VII, § (1), shall be amended in accordance with this clarification: to modify and provide clarification regarding the term of office for the S.B.A. Executive Board to end upon the completion of commencement.
Amendment:
All S.B.A. officers elected in the Spring General Election shall begin their term of office 24 hours after the completion of the spring commencement.
Amendment #2
Purpose: The Elections Code, under Article XIV § (14) “Special Elections” shall include an emergency provision for specific unexpected events or unforeseen circumstances (such as a health pandemic) that may require modifications to the elections process and election dates.
Amendment:
Emergency Elections (See Section labeled “Emergency Elections” below)
Emergency Elections
- An emergency election can be held to modify or replace the standard procedures of the general election due to a specific unexpected event, unforeseen circumstance, or emergency situation that would merit the deviation from the standard election procedures, i.e., a health pandemic.
- The Constitution and Elections Committee shall convene at the direction of the S.B.A. Executive Board to propose election procedures, election dates, and other reasonable modifications.
- Election procedures for emergency elections must be approved by the S.B.A. Executive Board by two-thirds vote.
- Terms of office for officers elected in an emergency election that replaces the standard procedures of a general election shall comply with the terms of office under Article VII, §§ (1) and (2).
Amendment #3
Purpose: To amend Article X, Limits on Powers of Officers, to include that no S.B.A. member can serve in more than one S.B.A. position per term.
Amendment:
No S.B.A. officer or representative shall serve in more than one S.B.A. position per term, whether elected or appointed.
Passed 11/23/21, Confirmed 11/24/21
Passed:
Art IX § 2: In the event that there is a vacancy for the SBA President, during their term, there is to be a line of succession. The line of succession will be as follows: 1st Vice-President, 2nd Vice-President, Secretary. Whomever is the successor will hold the position as SBA President in the interim, until a special election can take place in a reasonable time. After the special election, the Interim President will revert to their initial position, unless the Interim President is elected SBA President.
Failed:
Art IX § 2: The SBA President has the power to fill vacancies of any SBA Officer position.
[important to note, as previous boards have also attempted to make this change and then it was not reflected]
Passed:
Art. V § 1: Open the SBA President position for 2Ls to run for, with a term limit of 1-year.
Passed:
Election Code: Remove the signature requirement needed to be placed on the ballot for all positions during the general election. Instead implement a nomination process where students nominate a candidate and the nominated candidate must then accept the nomination to be placed on the ballot.
Passed:
Art IX § 3: Amend the 1st Vice-President position to include serving as the 3L class representative.
2024 Amendments enacted under President Bethany Peterson
GENERAL EDITS
- Standardization of abbreviations
- Following the first mention in the document, the below abbreviations have been standardized throughout the Constitution
- Graduate and Professional Student Association will appear as GPSA
- Student Bar Association will appear as SBA
- American Bar Association will appear as ABA
- Following the first mention in the document, the below abbreviations have been standardized throughout the Constitution
- Minor grammar errors throughout
- Change “school days” to “business days” throughout
CHANGES TO LANGUAGE
ARTICLE V – Officers: The Executive Board
- Article V, § 6
- The original language has been deleted: Two First-Year Class Representatives: Two First-Year students elected in the Fall Election by members of the First-year class. No candidate for First-Year Representative may receive more than one vote from any voter.
- The original language has been replaced with: Each Class Representatives: 3 Class Representatives, each from the First-, Second-, and Third-year classes.
ARTICLE VI – Other Elected Representatives
- Article VI, § 2
- The following sentence will be added: This representative may be appointed in accordance with the amount of representatives apportioned to the School of Law by GPSA.
- Article VI, § 3
- The entire section has been deleted: The entire Association membership shall vote for two Admissions Committee Representatives, who shall serve while Third-Year Students, in the Fall Election. The two Admissions Committee Representatives shall serve together as the student voice on the Admissions Committee and shall each vote on 1/2 of the admissions files, or as the Admissions Committee otherwise finds appropriate.
ARTICLE VII – Term of Office for SBA Officer
- Article VII, § 1
- The original language has been deleted: thirty (30) days after the election.
- The original language has been replaced with: upon the closing of the Spring Commencement.
ARTICLE IX – Duties of Officers
- Article IX, § 1(f)
- The entire section has been deleted: shall be ultimately responsible for running the elections in accordance with Article XIV. The Second Vice President shall be primarily responsible for all elections.
- Article IX, § 5(b)
- The original language has been deleted: Article IX, Section Ie.
- The original language has been replaced with: Article IV, Section 3.
- Article IX, § 5(c)
- The following language has been added: within 7 calendar days of the respective meeting.
- Article IX, § 7
- The entire section has been deleted:
- The First-Year Representatives. There shall be two First-Year Representatives, who shall:
- assist other S.B.A. officers in the performance of their duties, and
- have any other responsibilities or duties pertaining to this office contained elsewhere in the constitution.
- The First-Year Representatives. There shall be two First-Year Representatives, who shall:
- The entire section has been replaced with:
- Class Representatives. There shall be one Class Representative for each class, who shall:
- Assist other SBA officers in the performance of their duties;
- Assist the President in fielding student concerns;
- Where appropriate, and not to the detriment of the Class Representatives’ academic or personal wellbeing, direct students to the appropriate resources, including, but not limited to, law school administrative offices, main campus administrative offices, and associate deans;
- Have any other responsibilities or duties pertaining to this office contained elsewhere in the Constitution.
- Class Representatives. There shall be one Class Representative for each class, who shall:
- The entire section has been deleted:
- Article IX, § 8(a)
- SBA has been replaced with UNM School of Law.
ARTICLE XI – Budget
- Article XI, § 3
- The following language has been added: in consultation with the President.
- ARTICLE XII, § 1
- The original language has been deleted: 1) "Executive Board Meetings" attended by the Executive Board, and 2) "General Meetings" attended by the Executive Board, Faculty Representatives, and the American Bar Association Representative.
- The original language has been replaced with:
- Executive Board Meetings, which are attended by the executive board, and
- General meetings, which are attended by the Executive Board, Faculty Representatives, and the ABA Representative.
ARTICLE XII – Meetings
- Article XII, § 2
- The following word has been added to the last sentence to clarify the number of days: calendar.
- Article XII, § 3
- The following language has been added: if voted to be a closed meeting.
ARTICLE XIII – Amendments
- Article XIII, § 1
- The section will read as follows: Amendments may be proposed by any member of the Executive Board. The SBA Executive Board shall vote upon proposed amendments and must be passed by a simple majority of the Executive Board to be placed on the ballot. Members must have three calendar days' notice of proposed amendments prior to the election. The amendment must be ratified by a 2/3 majority of the SBA members voting in the general election.
- Article XIII, § 3
- The following language has been added: The SBA Executive Board shall vote upon proposed amendments. If the proposed amendment is passed by a simple majority of the Board, it will be placed on the ballot in the next general election.
- Members must have three days' notice of proposed amendments prior to the elections. The amendment must be ratified by a 2/3 majority of the SBA members voting in the general election.
- Article XIII, § 4
- The following title has been added: Alternate Amendment Procedure.
- Article XIII, § 5
- The following language has been deleted
Alternate Amendment Procedure
- Proposed amendments shall be in writing and upon a form provided by the S.B.A. Executive Board upon request. The form shall contain:
- The proposed amendment, and
- The portion of the Constitution to be amended, or repealed as applicable, and
- A brief statement declaring the reasons or purpose of the proposed amendment, and
- Signatures of fifty (50) S.B.A. members (as defined in Article IV).
- Proposed Amendments must be submitted to a member of the Executive Board or Constitution and Election Committee at least two weeks prior to the Fall or Spring General Elections.
- Proposed Amendments that meet all the requirements of this Procedure will be placed on the ballot for ratification by the S.B.A. membership. Members must have three days' notice of proposed amendments prior to the election. Amendments must be ratified by a 2/3 majority of the S.B.A. members voting in the election.
ARTICLE XIV – Election Code
- Article XIV, § 2(a)
- This section now reads as follows: There shall be two Student Representatives for each class, one Class Representative and one Faculty Representative.
- Article XIV, § 2(b)
- This section now reads as follows: When electing representatives for a position for which there are two representatives, the Second Vice President shall differentiate between the positions on the ballot, so as to avoid any confusion.
- Article XIV, § 2(c)
- The following language has been added: Candidates running for positions with multiple representatives shall indicate which specific position they are running for (i.e. whether they’re running for Class Representative or Faculty Representative).
- Article XIV, § 3
- The section now reads as follows: Every SBA member may vote in S.B.A. elections, pursuant to Article IV. Proxy and/or absentee ballot voting is not permitted in any SBA election.
- Article XIV, § 5(a)
- The section now reads as follows: Fall Elections will be held within three weeks from the start of Fall Semester classes.
- Article XIV, § 5(b)
- The section now reads as follows: Spring Elections will be held starting the first school day after Spring Break, but no later than the day before the reading period.
- Article XIV, § 6(a)
- The Executive Board shall establish and post this information at least seven calendar days prior to the start of the Fall and Spring Elections.
- Article XIV, § 6(a)(ii)
- The following language has been deleted: tabulation and.
- Article XIV, § 6(a)(iii)
- The following language has been added: This does not apply to special elections. The Executive Board shall post this information at least three calendar days prior to the start of the special election.
- Article XIV, § 7(a)
- The following language has been deleted: A nominating petition shall be required to place a candidate's name on the ballot.
- Article XIV, § 7(b)
- The following language has been deleted: including 50 S.B.A. members signatures.
- Article XIV, § 7(c)
- The original language has been deleted: A nominating petition including 25 S.B.A. members' signatures will be required of each person seeking office elected by his or her respective class as in Articles V and VI. Those signatures must be from students who are members of the same law school class.
- The original language has been replaced with the following: A nominating petition must be completed by an SBA member who is not the candidate running.
- Article XIV, § 7(e)
- The original language has been deleted: The nominating petition shall be accompanied by a Candidate’s Nomination Acceptance form, which shall include the Candidate’s name, explicit acceptance of nomination for office, and office sought.
- The original language has been replaced with the following: The nominating petition shall be responded to by the nominee through a Candidate’s Nomination Acceptance form, which shall include the Candidate’s name, explicit acceptance of nomination for office, and office sought.
- Article XIV, § 7(f)
- The section now reads as follows: Each candidate must file a nominating petition, along with the respective Nomination Acceptance form, with the Second Vice-President by 5:00 pm the Friday prior to the start of the elections. Nominating petitions filed after this deadline may be accepted by a majority vote of the Executive Board.
- Article XIV, § 9(b)
- The section now reads as follows: To win an office, a Write-in Candidate must win a plurality of the votes cast pursuant to Article XIV, Section 3. The candidate’s name does not have to be spelled correctly on each ballot, unless two candidates with the same or similar names are running for the same office, then the exact name and last name of the candidate shall be required.
- Article XIV, § 10(a)
- This section now reads as follows: Votes shall be counted by the Executive Board, or by the Second Vice-President, within two business days after the end of the election. The uncertified results, including the number of votes received by each candidate, shall be posted by 9 a.m. the following business day.
- Article XIV, § 10(b)
- 5:00 pm has been changed to 6:00 pm.
- Article XIV, § 10(c)
- “No confidence” has been replaced with “none of the above.”
- Article XIV, § 13
- The following language has been deleted: All SBA Elections shall be held on a Tuesday.
ARTICLE XV – Constitution and Elections Committee
- Article XV, § 2(a)
- The Second Vice-President was added to the list of members of the Constitution and Elections Committee.
- Article XV, § 3(a)
- The section now reads as follows: Absent challenges, this committee shall meet within twenty-four hours after 5:00 pm on the day of the posting of the unofficial election results to certify the election results.