CONSTITUTION

As amended by votes of the student body: September 10, 2008.

PREAMBLE

Constitutions serve as the framework of government. This constitution represents the start of our efforts towards responsible self-government by the students, of the students, and for the students. We seek to provide by this Constitution a student government committed to effective student participation in all areas of student concern, that we may participate in the formation and the improvement of educational programs, protect full freedom of assembly and expression in the university community, articulate and represent the student interest in the governance of the campus, provide services and coordinate activities for students, and advance our common interests and concerns as students and as citizens, do hereby orddain and establish this Constitution. Acting in good faith and seeking to promote the common good of the student body, we, the Benjamin N. Cardozo School of Law Student Bar Association, proclaim this Constitution as the supreme law of our Association.

ARTICLE I

1.    This Constitution shall be effective immediately upon ratification by the students of the
Benjamin N. Cardozo School of Law under Article IX of this Constitution.

ARTICLE II – NAME, MEMBERSHIP, AND POSITIONS

SECTION 1: NAME

2.    The name of this Association shall be the Benjamin N. Cardozo School of Law Student
Bar Association (“SBA” or the “Association).

SECTION 2: MEMBERSHIP

3.     Any person enrolled as a student at the Benjamin N. Cardozo School of Law may be a
member of the Association. All members shall hold equal voting rights in the Association and its
subordinate organizations, except as otherwise provided in this Constitution. Subject to other
applicable qualifications, all members shall be eligible to hold office in the Association or in any
of its subordinate organizations.

SECTION 3: ELECTED AND APPOINTED POSITIONS

4.     In order to assume or remain in an elected, appointed, or confirmed position in the Association, a person must be an enrolled student at the Benjamin N. Cardozo School of Law, unless the position is explicitly designated as non-student, or – for not more than one semester – if the person can demonstrate that s/he is actively working towards the removal of a University imposed impediment of her/his registration for that semester. This provision does not apply to the Summer semester provided that the person intends to be a registered student in the Fall Semester.

5.    The Senate shall not act as a partisan organization and shall not discriminate on the
grounds of race, color, religion, national origin, sex, age, disability or sexual orientation, nor
shall any organization so chartered by the SBA. The Senate shall not determine the substantive
content of any policies or programs of SBA chartered organizations,  except for election (i.e.
succesion provisions), budget provisions or other necessary administrative provisions.   

6.     No powers not enumerated in this document shall extend to the Senate unless by constitutional amendment or decree of the university or the Law School Administration.

ARTICLE III – SBA SENATE

SECTION 1: PURPOSE

7.    All legislative and final administrative authroity of the Association shall be vested in and exercised by the SBA Senate, for the promotion of the welfare and interest of the Benjamin N. Cardozol School of Law, subject to the limitations enumerated in this Constitution.

SECTION 2: MEMBERSHIP

8.    The voting members of the Senate shall be twenty-one (21) Senators (the entire Senate), elected in accordance with Article of this Constitution and the SBA By-Laws. The 2L and 3L seats shall be filled by the Spring regular election with terms of office beginning the first day of the Fall Semester and lasting for one year.

9.    A Senate Leadership Institute, to provide training and information to new Senators, shall be held at the beginning of each school year. Requirements for attendance and any penalties for failure to attend, up to and including not being permitted to take office and having a Senate seat declared vacant, shall be as prescribed in the SBA By-Laws.

SECTION 3: REMOVAL AND REPLACEMENT OF SENATORS

10.    A Senator shall be automatically removed from office if:

a.    At any time during a semester, s/he has failed to attend sufficient meetings such that s/he will not by the end of the semester, be able to have attended seventy percent (70%) of the regular Senate meetings of a semester. Regular Senate meetings which occurred while s/he was not a Senator, or meetings for which s/he can present to the President a valid written medical excuse, professional excuse, or religious excuse explaining the reason(s) for non-attendance two (2) days before the meeting, shall not be included in calculating the attendance requirement. Attending a meeting shall be defined as presence at the first and final roll class between the beginning of the meeting and the time scheduled for adjournment according to the agenda, plus presence (defined as a yea, no, or abstention) at sixty percent (60%) of roll calls relating to main motions between those two points in time.

b.    For the purpose of this section, an absence for a regular senate meeting is defined as missing one (1) Senate meeting or two (2) office hours.

c.    An absence from a scheduled office hour which is timely made up will not be considered to be an absence under A(b) for the purposes of this section.

d.    At any time during the semester, s/he has failed to meet Standing Committee requirements and/or fails to sit on at least one Standing Committee as specified in the SBA Administrative Structure By-Laws.

e.    All meetings held outside of the standard academic year (e.g. summer), except for the Senate Leadership Institute, are considered nonmandatory.

f.    Any student who has been previously expelled from the Senate or impeached and removed from office under Article is ineligible to run for any Senate or Executive position.

11.    Any Senator may be subject to recall by presentation to the Senate of a petition signed by at least forty-five (45) students represented by that Senator and containing a specific statement of the reasons for the proposed removal.

a.    At the next regular meeting of the Senate, the date(s) of the recall election shall be set in accordance with Article . At that meeting, the Senator shall be allowed to speak in his/her own defense.

b.    If two-thirds (2/3) of the votes cast at the recall election approve, the Senator shall be removed from office. Only students represented by that Senator may cast votes for or against the recall.

12.    Senate’s power to impeach:

a.    The Senate shall have the power to impeach Senators for cause with a two-thirds (2/3) majority vote of the Senate as a whole.

b.    The Senate shall have the power to impeach the President for cause with the same two-thirds (2/3) majority vote of the Senate as a whole. The Vice President shall call and preside over any meeting at which the impeachment of the President is at issue. If for whatever reason the Vice President cannot or will not preside over such meeting, those Senators present and eligible to vote in accordance with C(a) of this section shall select a Senator to preside over the meeting.

c.    If impeached, the President or a Senator shall be tried by the Judicial Tribunal in
accordance with Article below with a conviction resulting in removal from office.

13.    Replacement:

a.    In the event of a vacancy in the SBA Senate, the person receiving the greatest number of votes for Senator for that class, who did not become a Senator for that class, shall assume the vacated office.

b.    If a Senator is removed from office, that Senator is not eligible to fill the vacated seat within that semester.

SECTION 4: MEETINGS AND QUORUMS

14.    A majority of the entire Senate shall constitute a quorum.

15.    No meeting held during the Summer semester or during a semester break shall be considered a regular meeting.

16.    The SBA Senate shall hold a special meeting at the call of the President or at the written request of any six (6) Senators handed to the President for cause, within forty-eight (48) hours of the call.

17.    Senators shall be notified about general or special meetings by posting in the SBA office and either by telephone or electronic transmission.

18.    The President of the SBA shall preside over the Senate. The Vice President shall preside in the President’s absence.

19.    The Senate shall follow Robert’s Rules of Order as adopted by the American Bar Association Law Student’s Division at its most recent annual meeting, in areas of procedure where the Senate has not legislated.

20.    The Senate shall have the power to pass a budget and appropriate funds for the SBA. However, no appropriation shall be for more than one academic year, defined as beginning with the first day of incoming student orientation and ending the day prior to subsequent first day of incoming student orientation.

21.    The Senate may pass ordinary legislation in the form of resolutions.

22.    The Senate may pass rules and establish committees necessary and proper for the execution of this Constitution.

23.    Each Senator shall have minimal requirements including but not limited to attendance at mandatory Senate meetings, maintenance of at least one (1) regularly scheduled office hour per week, sitting as a member of one (1) SBA Standing committee, promoting SBA activities, disseminating information relating to SBA functions and concerns and upholding the SBA Constitution.

SECTION 5: SBA SENATE STANDING COMMITTEES

24.    Each Senator shall state her/his preference of at least one (1) of the four (4) SBA Senate Standing Committees on Budget, Legislative & Proecedural Review, School & External Affairs, and Events. After reviewing such preferences, the President has the discretion to assign each Senator to one (1) of the four (4) SBA Senate Standing Committees, subject to approval by 2/3 of the Senate.

25.    Standing Committee on Budget

a.    Voting Members: SBA Treasurer (Chair) and four (4) to five (5) additional Senators. The SBA President, Vice President, and one (1) Student-at-Large shall be non-voting members.

b.    The Committee shall:

i.    Act on the annual budget submitted by club presidents before the Senate may begin consideration;

ii.    Manage and make available all SBA finances to the entire student body;

iii.    Act as the club liaison;

iv.    Manage the club sponsorship, event and budget process;

v.    Manage and udpate the SBA club directory with group description, officer contact information, and by-laws;

vi.    Update the Club Budget Rules (and related forms) and make recommendations to the Senate on necessary amendments;

vii.    Consider and make recommendations to the Senate regarding requests from student groups for sponsorship and funding (the Senate may not grant sponsorship to a student group unless this Committee has reviewed and approved the Consittution of the group);

viii.    (If the Committee suspects that a group that has requested sponsorship discriminating its methods of recruitment and acceptance for membership, then the Committee shall report this finding to the Senate. The Senate shall hear the charges against the group, and the group shall be given ample notice that their case will be heard.)

ix.    Make available all related club information to the entire student body; and

x.    Assist the Treasurer in hosting the SBA Club Officers’ Workshop and Club Fair.

26.    Standing Committee on Legislative and Procedural Review

a.    Voting members: SBA President (Chair), and four (4) to five (5) Senators. The Vice President, Secretary and one (1) Student-at-Large shall be non-voting members.

b.    The Committee shall:

i.    Study and review all proposed changes in the SBA Constitution, By-Laws, Election Rules, and rules of procedure for the Senate, its commissions and committees, and the Judicial tribunal, and recommend needed changes to the Senate;

ii.    Review the President’s nomination(s) for the Judicial Tribunal and select the final nomination(s) to be forwarded to the Senate. The Committee must select the final nominee(s) by the second Regular Senate Meeting after having received the President’s nomination(s);

iii.    Review the Presidnet’s nomination for the voting student member of the faculty’s Academic Standards committee and two non-voting student members to the faculty’s Educational Policy committee and select the final nomination(s) to be forwarded to the Senate. The Committee must select the final nominee(s) by the second Regular Senate Meeting after having received the President’s nomination(s);

iv.    Review the 3L Senators’ nomination for the Election Committee and select the final nomination(s) to be forwarded to the Senate. The Committee must select the final nominee(s) by the second Regular Senate Meeting after having received the 3L Senators’ nomination(s);
i.    
    v.    Deal, in conjunction with the Committee on Budget, with bills involving internal SBA activities and club constitutions; and

vi.    Assist the President in hosting at least one (1) legal event for the student body during each semester.

c.    The Committee has the power to:

i.    Delegate member(s) of the Legislative and Procedural Review Committee to enter promptly Constitution, By-Laws, Budget Rules, or Judiciary Rules of Procedure changes that were passed by the Senate and the Student Body. These changes are made on the President’s Master Copy Disk of the rules; and

ii.    Remember appropriately any necessary changes of the SBA Constitution, By-Laws, Budget Rules and Judiciary Rules of Procedure to retain logical organization. These changes are made on the President’s Master Copy Disk.

27.    Standing Committee on School and External Affairs

a.    Voting Members: SBA Vice President (Chaiir), and five (5) additional Senators. The SBA Secretary and Treasurer and one (1) Student-At-Large shall be non-voting members.

b.    The Committee shall:

i.    Consider and recommend positions to the Senate on all matters of a political nature;

ii.    Consider and make recommendations on all matters of educational policy and deal with all matters involving University actions and policies, both academic and non-academic;

iii.    Consider and recommend positions to the Senate on all matters of an external nature to the University;

iv.    Research and initiate action to improve University stidemt services, including, inter alia, University housing;

v.     Work closely with members of the Student Life Committee (SLC), having two (2) Senators attend the monthly SLC meetings and assist the SBA Vice President;

vi.    Be the American Bar Association (ABA) liaison to the student body;

vii.    Coordinate at least one (1) community service event for the student body each semester;

viii.    Oversee the SBA Orienation Chairperson;

ix.    Oversee the Yearbook Editor and Committee; and

x.    Oversee the Mentor-Mentee Chairperson.

28.    Standing Committee on Events

a.    Voting Members: SBA Secretary (Chair), and four (4) to five (5) additional Senators. The SBA President, Treasurer, and one (1) Student-at-Large shall be non-voting members.

b.    The Committee shall:

i.    Plan and publicize Student Networking Events;

ii.    Plan and publicize Fall Bash;

iii.    Plan and publicize Barrister’s Ball;

iv.    Plan and publicize the Fall/Spring Semester Student Appreciation Weeks;

v.    Plan and publicize Mentor-Mentee events with the Mentor-Mentee Chairperson as established in paragraph 31(a)(ix), supra; and

vi.    Plan and publicize all other events as it sees fit and useful for the student body, i.e. events for students with families.

SECTION 7: SBA APPOINTMENTS

29.    All appointments to SBA-related positions must be approved by a two-thirds (2/3), vote of the entire Senate, unless otherwise stated. If the Senate votes on and fails to approve the appointment of an individual, that person shall immediately cease holding the position voted on.

30.    Executive officers shall advise the Senate of appointments and request votes of approval in a timely fashion. If an executive officer fails to notify the Senate of an appointment within two (2) regular Senate meetings after appointment, the appointee cannot continue in the position until appointment notice is given.

ARTICLE IV – EXECUTIVE BRANCH

SECTION 1: GENERAL QUALIFICATIONS, TERM OF OFFICE, VACANCIES

31.    There shall be an Executive Board of the SBA consisting of the President, Vice President, Secretary and Treasurer. The President and Treasurer shall be chosen by secret ballot in an election open to the entire student body. This election shall be held one calendar week prior to the April Senatorial elections. Their term of office shall be approximately one year, beginning on the first day of the regular Summer Session or upon the final certification of election results, whichever is later. Their term of office shall end when their successor’s term begins.

a.    Third-Year and LLM students may vote in the Presidential Election.

b.    All Presidential and Treasurer candidates must have served a full term in the Senate and be in good standing.

32.    All members of the Executive Board must be registered as full time students of the Law School. In addition, these members must be registered for classes that meet on campus on two (2) or more days per week. For example, Alexander Fellows Program participation would preclude a Senator from serving on the Executive Board.

33.    In the event of a vacancy occurring in any executive officer positions before the end of the normal term, the nomination for replacement shall be made in accordance with the SBA By-Laws. The Senate shall consider such nominations, and shall, by a two-thirds (2/3) vote of the entire Senate, approve a replacement.

SECTION 2: PRESIDENT

34.    The President shall:

a.    Preside over all Senate meetings except as otherwise provided (e.g., in case of impeachment);

b.    Submit an agenda to all Senators at least twenty-four (24) hours before general meetings;

c.    Have the ability to break all ties, except as otherwise provided;

d.    Have the capacity to sign checks;

e.    Serve as the chief representative of the Association, and to monitor the health     and well-being of the Association and the student body which it represents;

f.    Have the power of veto over legislative actions of the SBA Senate. Such veto may be overrideen by a two-thirds (2/3) vote of the entire Senate, during the semester in which the action takes place. The President must exercise the option of veto within fifteen (15) days of action by the Senate. The President shall not have the power of veto for specific operating rules of the Senate and emergency appropriations;

g.    Direct by Executive Order the taking of actions which are urgent and necessary to maintain the functioning of the SBA until the Senate can again meet. Any such Executive Order automatically expires at the third regular Senate meeting following issuance of the order, or upon termination by the Senate by a majority of those voting, a quorum being present to do business;

g.    Be able to sit ex officio on all Senate committees;

h.     Have the power to create ad hoc committees; and

h.    Carry out any other duties as set forth in this Constitution and/or assigned by the Senate.

SECTION 3: THE VICE PRESIDENT

35.    The Vice President shall be elected by a majority of the newly-inaugurated Senators present in Executive Session. The voting shall be conducted by closed paper ballot. The Vice President shall:

a.    Chair the School and External Affairs Committee as established in paragraph 27, supra;

b.    Chair all Senate meetings in the President’s absence as provided in paragraph 18, supra;

c.    Chair meetings at which a vote will be taken on the President’s impeachment;

d.    Assume the duties of the President in the time between the impeachment of the President and trial;

e.    Be able to co-sign all checks;

f.    Be able to sit ex officio on all Senate committees;

g.    Serve as the Primary ABA Representative for Cardozo;

h.    Fulfill all her/his other Senatorial duties; and

i.    Carry out any other duties as set forth in this Constitution and/or assigned by the Senate.

36.    In the event of permanent incapacitation, removal from office or resignation of the President, the Vice President shall assume the Presidency. If the vacancy arises before October 1, there shall be a school-wide election to elect a new President within three weeks after the vacancy arises. If the vacancy arises after October 1, the Vice President shall assume the Presidency and a new Vice President shall be elected in an Executive Session of the Senate.

SECTION 4: The Treasurer

37.    The Treasurer shall:

a.    Chair the Budget Committee;

b.    Record all receipts and disbursements;

c.    Sign all checks;

d.    Report to the Senate once per month on the financial status of all SBA accounts;

e.    Prepare and propose the Senate’s budget to the Senate within the first thirty (30) days of the academic year;

f.    Set up an additional office hour per week to be designated as the “Treasurer’s Office Hour”;

g.     Order SBA related items and merchandise;

h.    Fulfill all her/his other Senatorial duties; and

i.    Carry out any other duties set forth in this Constitution and/or assigned by the Senate.

SECTION 5: The Secretary

38.     The Secretary shall:

a.    Chair the Eventts Committee;

b.    Keep minutes of all Senate meetings and make them publicly available within a reasonable time;

c.    Record attendance of Senators at meetings and office hours;

d.    Inform the Executive Board when a member has failed to carry out her/his duties;

e.    Be responsible for the publication through which the SBA has decided to disseminate information to the student body;

f.    Be responsible for duplicating and disseminating the SBA Senate Agenda Packets;

g.    Manage and update the SBA Website or appoint and keep accountable a responsible webmaster who will;

h.    Fulfill all her/his other Senatorial duties; and

i.    Carry out any other duties set forth in this Constitution and/or assigned by the Senate.

ARTICLE V – JUDICIARY

SECTION 1: AUTHORITY

39.    The Judiciary of the Association shall be vested with the judicial authority of the Association. Its authority shall extend to all judicial cases arising under this Constitution, the SBA By-Laws, official actions of SBA executive officers and the Senate, and any matters delegated to the Judiciary by the SBA Senate or this Constitution. It also holds trials of impeachment with a four-fifts (4/5) majority required for conviction. The Tribunal, on an appellate basis, may resolve by simple majority vote controversies between parties over questions regarding the SBA Constitution and its resolutions, including appeals of expulsions from the Senate.

SECTION 2: MEMBERSHIP

40.    The Judiciary of the SBA shall consist of a Judicial Tribunal with five (5) members including the Chief Justice, all nominated by the President. The nominations of the President will then be interviewed by the Legislative & Procedural Review Committee of the Senate. The President may nominate any number of individuals to the Judiciary Tribunal positions, yet s/he may not nominate fewer than two individuals per available position on the Judicial Council. Following the interviews of the prospective Judicial Tribunal members, the Legislative & Procedural Review Committee will vote to select the nominees to be sent to the Senate for approval.

41.    Members shall serve until graduation unless previously removed.
 
42.    In the event that the President fails to submit at least two nominations to the Senate within three (3) regular Senate meetings following the occurrence of a vacancy, nominations may be made by any executive officer or Senator. If a Presidential nomination is rejected, the President shall have one (1) regular meeting to introduce another nomination before right of nomination devoloves to other executive officers and Senators. If the Senate does not consider a nomination to fill a vacancy within two (2) regular meetings after submission of the nomination, the Senate must consider the nomination before any further business.

43.    One student with prior Cardozo Judicial Tribunal experience shall be designated Chief Justice by the President with the confirmation of the Senate. If no such student exists the President shall with the confirmation of the Senate appoint another candidate.

44.    The Judicial Tribunal must consist of at least two (2) Second-Year students and at least two (2) Third-Year students.

45.    No student may serve simultaenously on the Senate and the Judicial Tribunal. This includes the President and non-Senate members of Senate committees.

SECTION 3: RULES OF PROCEDURE

46.    The Judiciary shall propose its own rules of procedure for approval by the Senate. The Senate shall have three (3) calendar weeks during the school year from presentation of such proecedures to consider and reject such proposals. If the Senate has not acted within this time the procedures will be considered adopted.

SECTION 4: FUNCTIONS AND POWERS

47.    To exercise the primary judicial powers of the Association, granting such judicial relief as defined by this Constitution and the By-Laws of the Association.

48.    To maintain custody of the current and previous versions of the SBA Constitution and By-Laws.

49.    To review charges of violation of this Constitution, the By-Laws of the Association, and all other regulations of the Association.

50.    To request the attendance of those holding positions in the Association, when attendnace is needed in a case before the Judicial Tribunal.

51.    To revoked the funding of any group found discriminatory under Article II.

52.    To perform other duties as described in this Constitution or assigned by the Senate.

SECTION 5: FINALITY

53.    All decisions of the Judicial Tribunal shall be final unless reversed by subsequent tribunal action.

SECTION 6: REMOVAL FROM OFFICE

54.    Any member of the Judiciary Tribunal shall be removed from office for malfeasance or dereliction of duty. Charges may be brought by any five (5) Senators.

55.    In open session the SBA Senate shall give equal opportunity to the accused member to defend her/himself as is given to hearing of the accuser(s). Removal shall require a two-thirds (2/3) vote of the entire Senate.

56.    Members shall automatically be removed from office for failure to attend seventy percent (70%) of the regular meetings of the Judicial Tribunal in any one (1) semester. The Chairperson of the Judicial Tribunal shall promptly notify the President and Senate of such a vacancy.

57.    Interpretation of this section shall be the sole right of the SBA Senate.

ARTICLE VI – FISCAL MATTERS

SECTION 1: SENATE FISCAL AUTHORITY

58.    The Senate has sole authority over the SBA funded budgets of student government operations, projects, and activity groups, and is responsible for approving the overall SBA budget each year.

59.    All financial appropriations or reductions require a two-thirds (2/3) vote of the entire Senate for aproval.

SECTION 2: SENATE BUDGET COMMITTEE

60.    In addition to functions and powers already described in the Constitution for the Senate Budget Committee, the committee shall participate in budget hearings conducted by the Treasurer to allocate revnues to student activities and services, and report to the Senate a recommended annual budget for the Association.

61.    All new appropriations of funds for Association activities, and all modificiations to annual appropriations for activities under the sole authority of the Senate shall be presented to the Senate Budget Committee for its consideration, and shall then be forwarded to the SBA Senate for final action.

SECTION 3: BALANCED BUDGET

62.    The budget of the Association must be in balance such that expenditures for the fiscal year do not exceed revnues from that fiscal year, allowing for a surplus if so desired by the Senate.

SECTION 4: FISCAL EMERGENCY

63.    If at any time the Treasurer, President, or any five (5) Senators have reason to believe that expenditures for the fiscal year will exceed revenues from that fiscal year, such person or persons may appeal to the Judiciary Tribunal for a full or partial freeze on parts or all of the Association’s budget. The Senate shall immediately be notified of such appeal and the reasons for requesting the freeze.

64.    Such a freeze shall remain in effect until the Judiciary Tribunal finds that the Senate has taken effective action to balance the budget of the Association.

SECTION 5: SENATE CONTINGENCY FUND

65.    The Senate Budget Committee shall recommend the amount allocated to the Senate Contingency Fund during the annual budget process.

66.    At the beginning of the fiscal year, the SBA Senate Contingency Fund shall consist of no less than eight (8) percent of the total amount allocated to activity groups.

SECTION 6: SPONSORSHIP AND FINANCIAL ALLOCATIONS

67.    When a group applies to the SBA Senate for sponsorship and/or affiliation it shall describe its membership requirements and recruiting methods.

68.    When a group submits its budget each year to petition for funding, each group shall describe in writing its membership requirements, recruiting methods, and goals. This information shall be sent to the Senate along with budget requests.

69.    The Senate shall not fund any activity or group which discriminates against any student by race, color, religion, marital status, national origin, sex, age, sexual orientation, physical disability, or political activity or belief in its method or recruitment and acceptance for membership.

SECTION 7: FISCAL ACCOUNTABILITY

70.    The SBA shall specify in the Budget Rules restrictions on the use of SBA funds.

71.    Those restrictions may be waived with a two-thirds vote of the entire Senate Budget Committee, subject to final approval by the Senate. A waiver granted by the Budget Committee may be overturned by a majority vote of the Senate at the next regular Senate meeting.

72.    Any fund waivers must be requested in a standardized document approved by the Budget Committee. This document shall include, but no be limited to: the name of the group requesting, the amount of the waiver, and the reason the waiver is requested.

73.    Any time a fund waiver is granted, the standardized form will be included in the agenda packet for the next regular Senate meeting.

ARTICLE VII – ELECTIONS

74.    There shall be five (5) to seven (7) Senators from the First-Year class–one from each section.  Only in the case that there are five 1L sections during the Fall, an additional 1L Senator-At-Large shall be elected.  There shall be six Senators each from the Second- and Third-Year classes. In addition, there shall be one Senator from the May entry class, one Senator from the January entry class and one Senator from the LLM class.

a.    Each First-Year section shall elect one (1) Senator. If a section does not elect a a senator, that seat shall be filled by an at-large election of all First-Year students.

b.    May AEP students are eligible to run and vote in all at-large First-Year elections.

75.    Term

a.    The inaurgation of Second- and Third-Year Senators shall take place at the end of the Senate meeting following their election. They shall serve until the inaugration of their successors.

b.    First-Year Senators shall serve from the time of their election until the inaugration of the new senate as described above in B(a) of this section.

c.    The May AEP Senator shall serve form the time of her/his election, in May, through the following April.

d.    The January AEP Senator shall serve from the time of his/her election until Fall of
the same year, when the January AEP class will hold second-term elections at the same time as First-Year Senators are elected as described below in paragraph 76(a) of this Article VII. The second-term winner shall serve until the inauguration of the new Senate as described above in 75(a) of this Article VII and will be eligible to run as a Third-Year student in the Spring elections. A new Senator shall be elected from each new January class.

e.    One LLM Senator shall be elected each Fall when First-Year Senators are elected the winner shall serve until the inauguration of the new Senate as described above in paragraph 75(a) of this Article VII.

76.    Election Time

a.    All First-Year Senators, including January and May Senators, shall be elected within the first 3 weeks of their first semester.

b.    Elections for Second- and Third-Year Senators shall take place at least 3 weeks prior to the last day of classes.

77.    Vacancy

a.    A First-Year vacancy shall be filled by a special election for that senate. If no student from that section runs, the seat shall be filled by an at-large elction by the entire First-Year class.

b.    All other vanancies shall be filled by a special election by the entire respective class year.

78.    Election Committee

a.    It is to be comprised of all of the Third-Year Senators and all other current Senators who are not running for re-election.

b.    All rules and regulations proposed by the Election Committee are subject to Senate approval.

79.    Special voter eligibility

a.    Third-Year Students are only eligible to vote for SBA President and issues arising under Article VIII of this Constituion.

b.    LLM Students are eligible to vote for SBA President and issues arising under Article VIII of this Constitution.

80.    Campaign Finance

a.    An Executive Officer Candidate and/or parties acting in coordination with the Candidate may not exceed US$250 in spending on his/her SBA campaign. A Senate Candidate and/or parties acting in coordination with the Candidate may not exceed US$50 in spending on his/her SBA campaign.

b.    These provisions must be administered by a member of the Elections Committee.

c.    All disputes/arbitration that arise are to be handled solely by the Judiciary Tribunal.

ARTICLE VIII– SBA BY-LAWS

SECTION 1: PURPOSE

81.    The SBA By-Laws shall supplement this Constitution by establishing such boards, councils, committees, and subordinate organizations as the SBA Senate deems necessary. The By-Laws shall enumerate powers, duties and rules pertaining to these official organizations. The By-Laws shall also lay out proecedures governing the functions of activities described in the Constitution, and may assign additional duties to executive officers, Senators and appointees.

SECTION 2: AMENDMENTS

82.    A two-thirds (2/3) vote of the entire Senate shall be necessary to ratify, modify, or suspend portions of the By-Laws. All such actions shall be considered main motions. The By-Laws may contain provisions prohibiting the suspension of specific portions of the By-Laws.

ARTICLE IX – REFERENDA, AMENDMENTS AND RATIFICATION

83.    Any amendment to or ratification of this Constitution may be submitted to the student body by secret ballot referendum upon either presentation of a petition bearing the signatures of at least fifteen percent (15%) of the student body or by a two-thirds (2/3) majority vote in the Senate. Any referendum, amendment or ratification shall require thirty percent (30%) of the student body to cast ballots and a two-thirds (2/3) majority of those voting in favor to pass.

84.    A Constitutional Convention shall be called by a two-thirds (2/3) majority vote of the entire Senate or a petition bearing the signatures of twenty-five percent (25%) of the student body. Delegates shall be ten (10) students elected at a special election. The Senate shall devise rules for conducting such a special election. The Vice-President shall chair the Convention and may only vote in case of a tie. Following the Convention the proposed changes shall follow the prescribed procedure for ratification.

85.    When inagurated the Senate, at its option, may convene a Constitutional Convention for purposes of substantive and procedural amendments. This Convention shall be subject to such rules as the newly-inaugurated Senate may see fit without regard for the delegate specifications set forth in paragraph 85 above.

86.    If any paragraph of this Constitution is held invalid, the remaining document shall continue to serve as the Constitution of the SBA.