Election Rules of Student Union

Responsible department:
Relation with university processes
Adopted by Decision No. 2 of Student Union of 22 January 2019

1. General provisions

1.1. The Election Rules of Student Union (hereinafter “Rules”) of Tallinn University of Technology (hereinafter “TalTech”) regulates the conduct of elections of the Representative Body of Student Body (hereinafter “Representative Body”), the nomination of candidates, the determination and implementation of election results.
1.2. For the purposes of these Rules, the Representative Body of Student Body shall be considered as a student council within the meaning of the Universities Act. Course of the elections
1.2.1. The regular elections of the members of the Representative Body shall be announced by Student Union and carried out by an electoral committee approved by the Representative Body.
1.2.2.  A new composition of the Representative Body shall be elected during the annual elections of the Representative Body. During the extraordinary elections of the Representative Body, all members of the Representative Body shall be re-elected.

2. Candidate

2.1. Every person who is listed in the student register of TalTech at the beginning of the voting period has the right to stand as a candidate to become a member of the Representative Body (except for a member of the electoral committee), provided that he or she has been  nominated in accordance with these Rules (hereinafter “candidate”).

3. Constituencies

3.1. The elections of the members of the Representative Body take place according to the constituencies.
3.2. A constituency is a faculty or a structural unit equivalent to a faculty.
3.3.  Each constituency has at least one seat (mandate) in the Representative Body.

4. Composition, tasks, competence, and work organisation of the electoral committee

4.1. The electoral committee is a committee consisting of up to nine members, the composition of which, including the chairperson of the electoral committee, shall be approved by the Representative Body.
4.2. The extraordinary elections of the Representative Body shall be carried out by an electoral committee approved by the Rector’s order.
4.3. Both the electoral committee and each member of the electoral committee individually shall  be liable for carrying out the elections of the Representative Body in a fair and effective manner, both shall be guided by strict impartiality in their activities and avoid any conflicts of interest.
4.4.  The functions of the electoral committee include:
4.4.1. the preparation of materials required for the elections of the Representative Body;
4.4.2. the publication of the election procedure of the members of the Representative Body on the website of Student Union;
4.4.3. the receipt of applications from students who stand as candidates at the elections of the Representative Body, the verification of data accuracy, the registration of candidates;
4.4.4. the security of a secret ballot;
4.4.5. the monitoring of the course of the elections of the Representative Body;
4.4.6. the recording of the course of the elections of the Representative Body, the summary and publication of the voting results, and the submission of the voting results to the Rector for approval;
4.4.7. the explanation of any issues related to the elections to the voters at their request.
4.5.  The electoral committee may organise events for introducing all candidates. The materials introducing a candidate, which are prepared by the electoral committee, shall be available in the same format on all candidates and to all who are interested.
4.6. The competence of the electoral committee includes:
4.6.1. the approval of the election schedule;
4.6.2. the approval of the division of work and responsibility between the members of the electoral committee;
4.6.3. the cancellation of the candidacy of candidates who violate the Election Rules;
4.6.4. the processing of complaints;
4.6.5.  the submission of a proposal to the Representative Body to declare the elections of the Representative Body unsuccessful.
4.7. The work format of the electoral committee is a meeting. A meeting has a quorum if more  than half of the composition of the electoral committee is present at the meeting. The decisions are adopted by simple majority.
4.8. The electoral committee may adopt decisions without calling a meeting. In such a case, each member of the electoral committee shall report his or her position in a format that can be reproduced in writing by the time limit set by the chairperson of the electoral committee. A decision is adopted without calling a meeting if 2/3 of the composition of the electoral committee is in favour of the decision.
4.9. The minimum number of members of the electoral committee shall be five. There shall be at least one representative from each faculty.

5. Announcement of elections

5.1. The regular elections of the Representative Body shall be announced by the Representative Body.
5.2. The elections of the Representative Body shall be announced in the information channels of Student Body at least one month in advance.
5.3. The Rector shall inform the students about the extraordinary elections of the Representative Body 10 working days in advance.

6. Number of members elected to the Representative Body and specific cases

6.1. If the electoral committee has not registered the number of applications at least equal to the number of mandates specified in Annex 2 by constituency by the time limit for submission of the applications, the electoral committee shall extend the time limit for submission of applications by five working days (additional time limit) and shall inform Student Body thereof. In accordance with the previous sentence, the time limits for the remaining electoral procedures are postponed by five working days.
6.2. If there is no required number of applications at the end of the additional term, the Representative Body shall declare the elections unsuccessful and make a proposal to  the Rector to announce the extraordinary elections.

7. Procedure for standing as a candidate to become a member of the Representative Body

7.1. The materials required for the nomination of candidates should be available on the website of Student Union, in the office of Student Union and other places determined by the electoral committee from the date of announcement of the elections.
7.2. A candidacy of a member of the Representative Body can be set up only in person. A candidate of the Representative Body shall be submitted and registered in accordance with the constituency.
7.3. Each student of TalTech can only apply in the constituency, where he or she is currently studying. If a student has been matriculated in different constituencies, he or she shall choose one.
7.4. The preparation of the list for the voters shall be the responsibility of the Academic Department of TalTech. The latter shall provide the electoral committee with the size of constituencies and the size of Student Body within three working days before the beginning of the application period, at the latest.
7.5. In order to stand as a candidate, the student shall submit a written application, a letter of motivation, and a digital photo to the electoral committee and Student Union during the time limit for the submission of applications approved by the electoral committee.
7.6. The application form shall be approved by the management board of Student Body. The application to stand as a candidate shall contain at least the following information:
7.6.1. the student’s given name and surname, date of birth, matriculation book number, designation of the constituency and study group;
7.6.2. the student’s contact details: postal address of the place of residence, telephone number, email address.
7.7. By submitting an application, the candidate provides the electoral committee with the right to process his or her personal data and present his or her letter of motivation and personal data, except for the personal identification code and the postal address of the place of residence, to the voters in unaltered form. Otherwise, the application materials shall be confidential and can only be reviewed by the members of the electoral committee and the secretary of Student Union.
7.8. The electoral committee verifies all applications and shall have the right to submit appropriate inquiries to the candidates.
7.9. An application that complies with the requirements of the Rules shall be registered and numbered in accordance with the order in which it was submitted. In case of non-compliance of the application materials with the requirements of these Rules, the chairperson of the electoral committee shall be obligated to inform the student in a format that can be reproduced in writing within two working days.
7.10. The moment when the application materials reach the email server shall be considered to be the time of receipt of the documents that have been sent by email.
7.11. The student who has submitted the application materials may require the electoral committee to submit a letter of confirmation on the receipt of the documents. The letter of confirmation shall contain the date of receipt of the documents and the name of the recipient. The person who has accepted the documents shall sign the letter of confirmation. A person who has  sent the application materials by email shall receive a confirmation letter from the office of Student Union.
7.12. The term for bringing non-compliant application materials into line with the requirements shall be the time limit for submitting application materials.
7.13. A candidate shall have the right to withdraw his or her candidature at any time. If a candidate withdraws his or her candidature during the voting period, this shall be announced in the information channels of the constituency.

8. Carrying out the elections of the Representative Body

8.1. The elections of the Representative Body shall take place only electronically in the academic information system environment. If access to the academic information system environment is unavailable or restricted during the voting period, the electoral committee shall be obligated  to organise paper elections according to the procedure set out in Annex 3.
8.2. The regular elections of the Representative Body shall take place in March each year.
8.3. The voters can vote within a period of 10–20 working days. The exact schedule of the elections shall be approved by the electoral committee. Any terms related to the electoral procedures of the extraordinary elections of the Representative Body shall be decided by the person who announces the elections. The schedule shall be published on the official website of Student Union.
8.4. The IT Department shall be responsible for the operation of the academic information system. The chairperson of the electoral committee shall have the right to enter the list of candidates until the beginning of the voting period.
8.5. Upon entering the academic information system, a voter shall establish his or her identity.
8.6. Each voter has one vote. If a voter has been registered in more than one constituency, he or she shall notify the electoral committee in writing of the request to vote in a particular constituency no later than three working days before the beginning of the voting period. If a voter has not duly made such a statement, the academic information system shall determine a constituency, where the voter is allowed to vote. No appeal can be lodged against such a decision of the electoral committee.
8.7. A voter shall complete the field of the voting site “In favour” with regard to a candidate who he or she prefers.
8.8. If a voter fails to find a suitable candidate, he or she shall tick the corresponding field of the voting site “Failed to find a suitable candidate”.
8.9. A voter shall have the right to change his or her choice in the academic information system until the end of the voting period.
8.10. A voter has the right to receive information about the elections and explanations on the election procedure from the electoral committee. The electoral committee shall be obligated to respond to all submitted inquiries, irrespective of their content, within five working days, at the latest.
8.11. The bodies of the university and Student Body shall be obligated to assist the electoral committee in its work, and provide it with the necessary detail and materials. In case of an inquiry submitted by the electoral committee, they shall respond within three working days of receipt of the inquiry, at the latest.
8.12. The electoral committee is accountable to the Representative Body of Student Body, the management board of Student Body, and the Rector. The electoral committee shall inform the voters of its major decisions on the official website of Student Union.
8.13.  The minutes of the electoral committee shall be available for consultation in the office of Student Union.

9. Violations and objections

9.1. Agitation during the elections of Student Union is allowed. Agitation should conform to good customs and academic practice. It is forbidden to allow proprietary benefit or to associate it with voting.
9.2. In case of a violation of the requirements of these Rules, the electoral committee may impose the following penalties on a candidate:
9.2.1. a written reprimand;
9.2.2. the deletion of a candidate from the list of candidates.
9.3. Upon imposing a penalty, the electoral committee shall be guided by the severity of a violation of the Election Rules, any previous violations committed by a candidate, and other relevant circumstances.
9.4. The electoral committee shall decide on the application of the penalty on the basis of the corresponding proposal from each member of the committee. Upon determining a second reprimand for a candidate, the person is deleted from the list of candidates. The electoral committee shall have the right to request clarification from the candidate who has committed the alleged violation.
9.5.  A person who has been deleted from the list of candidates shall be immediately removed and the votes given to him or her shall not be taken into account in determining the election results.
9.6. The electoral committee shall immediately notify the deleted person of the application of deletion of a candidate and publish the corresponding notice on the official wesbite of Student Union.
9.7. Any violations of the Rules by the candidates or other persons shall be reported to the electoral committee.
9.8. Any complaints about the inaccuract of the list of candidates shall be submitted to the electoral committee without delay, but no later than after the beginning of the ballot.
9.9. A complaint concerning the registration of candidates shall be submitted to the electoral committee within three working days of the termination of the registration of candidates.
9.10. If it is proven in the course of the examination of the facts set out in the lodged complaint that the requirements of the Election Rules have been seriously violated, the election results and the new composition of the Representative Body shall not be approved, and a re-vote shall be held on the basis of the Rector’s decision in all or only those constituencies, where the violation of the Election Rules occurred or affected the election results. In this case, the elections shall be conducted by the Representative Body, which determines a new election period and informs the students thereof according to the general procedure.
9.11. Any violations of these Rules shall be considered to be serious if it is proven that as a result of the violation, the election results of the Representative Body do not correspond to reality and the violation was intentional.
9.12. After the election results of the Representative Body have been made public, each TalTech student has the right to file a reasoned written complaint about the elections with the electoral committee within three working days.
9.13. The electoral committee shall review the complaint within three working days of its receipt. Subsequent complaints shall not lead to the invalidation of the election results.
9.14. Complaints about violation of the electoral procedure can be filed until the vote counting begins. Subsequent complaints shall be discussed by the electoral committee only if their prior notification was not possible and the objection was raised immediately after learning about  the incidence, but no later than within three working days of the announcement of  the election results.
9.15. The person concerned may appeal against the decision of the electoral committee to the management board of Student Body. The management board may refer the matter to the electoral committee for a second review or settle the complaint independently. The management board shall settle the complaint within three working days of receipt of the complaint.

10. Determination of the election results of the Representative Body

10.1. The electoral committee shall determine the election results no later than within three  working days of the end of the voting.
10.2. The votes are counted by constituency. In case of several electronically given votes, the voter’s last vote shall be taken into account.
10.3. The IT Department of TalTech shall forward the results of the vote to the electoral committee within one working day of the end of the voting. On the basis of the received results, the electoral committee shall form a ranking list of candidates by constituency.
10.4. A candidate for membership of the Representative Body shall be elected according to the  place in the ranking of his or her constituency and the number of mandates (Annex 2).
10.5. The ratio of foreign students in the Representative Body can be at most equal to the relative number of foreign students among all TalTech students.
10.6. If the number of candidates in a constituency is less than the number of mandates assigned to that constituency, the substitute members of this constituency shall be found on the basis of a general ranking of all constituencies in accordance with Annex 2. If there are candidates with equal ratios in the overall ranking, the candidate with the highest number of votes shall be preferred. If the candidates receive an equal number of votes in the case referred to in the second sentence of this paragraph, lots shall be drawn to determine their order.
10.7. If several candidates receive an equal number of votes in the ranking of the constituency, the ranking of these candidates in the constituency shall be determined according to the time of filing of the application materials.
10.8. The election results of the Representative Body shall be recorded. The election minutes shall  be accompanied by the dissenting opinions of the members of the electoral committee and  the applications and complaints received by the electoral committee about the violation of the Election Rules by that date and the decisions of the electoral committee on these matters. The minutes shall be signed by all members of the electoral committee, and a digital signature is also accepted.
10.9. The election minutes of the Representative Body with the election documentation shall be preserved in accordance with the rules applied at the university. The obligation to preserve documents shall be borne by the management board of Student Body.
10.10. The electoral committee shall submit the election results to the Rector for approval no later than within two working days of signing the election minutes.
10.11. The election results shall be made public by the electoral committee in the information channels of Student Body.

11. Implementation of the election results of the Representative Body

11.1. The Rector shall approve the election results and the new composition of the Representative Body if the elections have been lawfully conducted and there are no serious violations of these Rules.
11.2. The election results shall be published immediately after the Rector’s confirmation in the information channels of Student Body. Each member of the university shall have the right to see the election results in the office of Student Union.

12. Implementing provisions

12.1. These Rules shall enter into force upon their adoption by Student Union.
12.2. The enforcement of these Rules shall repeal the election rules approved on 23 January 2018.

ANNEX 1

The constituencies include the following faculties:
1) School of Information Technologies;
2) School of Engineering;
3) School of Science;
4) School of Business and Governance;
5) Estonian Maritime Academy.

ANNEX 2

Each faculty or structural unit equivalent to a faculty (listed in Annex 1) has one mandate of the Representative Body. The remaining 10 mandates shall be divided according to the following  formula:

K = 10 * T / Y, where
K – number of additional mandates given to the constituency, rounded to the nearest integer,
T – number of students in the corresponding constituency (in the academic year in question),
Y – number of students at Tallinn University of Technology (in the academic year in question).

If the process of rounding up cannot be carried out in case of several constituencies, because K is precisely between two integers, the additional mandate shall be given to the constituency with the lower number of students.

The overall ranking shall be formed as follows: U = H / T, where
H – number of votes received,
T – number of students in the corresponding constituency (in the academic year in question).

ANNEX 3

1. Procedure for carrying out paper elections

1.1 The paper elections of the Representative Body of Student Body shall be carried out within five working days from 9.00–16.00. Voting can take place in the premises designated by the electoral committee. In addition to the premises determined by the electoral committee, voting may be conducted elsewhere on the territory of the university, provided that at least two members of the electoral committee are present near the ballot box.
1.2 Each voter, upon presentation of an identity document or student card after he or she has given  a signature confirming that he or she has been entered in the student register and belongs to the corresponding constituency, shall receive a ballot paper, which he or she should complete and put into the ballot box.
1.3 Each voter has one vote also if the latter simultaneously belongs to the list of several different constituencies. The ballot paper shall be filled according to the instructions in the ballot paper.
1.4 A voter has the right to receive information concerning the elections and explanations on the election procedure from the electoral committee.

2. Requirements for ballot papers and ballot box

2.1 The ballot papers are of the same appearance (except for differences in colours) and shall be marked with the impression of the seal of the electoral committee. The ballot paper shall include the time of the elections and the place for writing the preference.
2.2 The presentation and sealing of empty ballot papers shall take place in the presence of the chairperson of the electoral committee and a member of the Audit Committee of Student Union or a member of the management board. The members of the electoral committee and previously agreed observers may also be present in the room. The sealing of the ballot papers shall be recorded, where the number of sealed ballot papers by constituency and the list of those who are present shall be fixed in advance. Sealing takes place no later than one working day before the paper elections of the Representative Body of Student Body.
2.3 The transport of the sealed ballot papers and ballot boxes to and from the colleges shall take place by means of a security courier or through other secure method.
2.4 During the voting breaks, the openings of the ballot box shall be closed and sealed, and any unused ballot papers shall be placed in the rooms that have limited access. The election committee shall be responsible for ensuring that unauthorised persons cannot access the documents.

3. Determination of the election results of the Representative Body of Student Body of TalTech

3.1 The electoral committee shall determine the election results no later than within four working days of the end of the elections.
3.2 The electoral committee shall count the votes in a locked room. At least half of the members of the electoral committee shall be present in the vote counting room. An observer who is not a candidate may be present during the counting of votes. Each candidate has the opportunity to authorise his or her representative as an observer of the vote counting. Before opening the ballot boxes, all unused ballot papers shall be marked by cutting their one corner.
3.3 The ballot papers shall be reviewed and their validity or invalidity shall be determined.
3.4 The ballot paper shall be deemed invalid if is has not been filled or filled in a non-compliant manner. In case of any disputes, the validity of the ballot paper shall be decided by the election committee by a simple majority. If the votes are divided equally, the ballot shall be deemed void.
3.5  The electoral committee shall count the number of votes given to each candidate. On the basis of the received results, the electoral committee shall form a ranking list of candidates by constituency.
3.6  A candidate shall become a member of the Representative Body of Student Body in accordance with the constituency and the number of mandates.

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