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February 29 Update:
Referenda questions 2, 3, and 4 have been rejected in separate motions by AMS Council. Therefore, these questions will not appear on the 2024 AMS General Elections Ballot.
February 28, 2024
This statement is on behalf of the AMS Elections Committee regarding the multiple inquiries we have received about the upcoming referenda in the 2024 AMS General Elections. The AMS Elections Committee is an independent committee of the AMS responsible for administering all elections and referenda impartially and fairly. This statement only provides information and answers the multitude of questions we have received. We will not be responding to individual inquiries due to the volume of inquiries we have received. This statement is only on behalf of the AMS Elections Committee and is not a statement on behalf of the AMS.
Four referenda questions are planned to appear on the 2024 AMS General Elections ballot. The 2024 AMS General Elections Ballot will be open for voting from March 1st to March 8th. Information regarding each of these referenda questions, including how they originated, can be found on the referenda website.
The Elections Committee considers all four questions official referenda on the 2024 AMS General Elections ballot unless Council decides that the question does not meet the requirements of Bylaw 4(2) and, by resolution, rejects the question. This decision is the sole discretion of Council, and the Elections Committee will follow their decision. The Elections Committee must remain impartial so they will not participate in any debate about whether a referendum question meets the requirements of Bylaw 4(2). We are prepared to answer any questions about the rules and regulations governing referenda, and in an effort to support that process, we’ve included an FAQ below.
Currently, the AMS Elections Committee will not accept any interview requests. Should you wish for any further comments from AMS Elections, you can make a media request, and we will consider issuing a written statement.
Q: What are the Bylaw 4(2) requirements for wording referenda questions?
A: Any question must follow these requirements in Bylaw 4(2):
“(a) The question is capable of being answered “yes” or “no”, with the negative response corresponding to the status quo.
(b) The question, including any preamble, is clear and unambiguous.
(c) The question, including any preamble, is not predicated on materially untrue statements.
(d) The actions that would be taken if the referendum is successful are not illegal.
(e) In cases where the proposed question would break a contract, the intent to break the contract must be specifically stated and the penalty for breaking the contract must be included as part of the question.”
Q: How were the petition signatures validated?
A: In accordance with AMS Bylaw 4(1)(b), the Elections Administrator has manually verified using student records provided by UBC Enrolment Services that at least 1000 of the signatures are accompanied by accurate student numbers and student names. This is done by manually searching each student number and ensuring the names listed in the UBC student records match exactly. No spelling mistakes or omissions are accepted for names. Each petition had about a 15% error rate for their signatures, and all three petitions received over 1100 valid signatures, well over the 1000 requirement.
Q: Can I receive money to campaign for or against a referendum?
A: Yes, by forming a Yes or No Committee you can receive up to $1000 of funding for campaign expenses. However, if AMS Council endorses your referendum’s Yes or No side, you will not be eligible for funding. To receive funding, you must submit a petition for funding using an online or paper petition provided by AMS elections with the following:
Q: What happens to Yes/No Committee funding if a referenda question is rejected by Council?
A: AMS Elections would still reimburse any expenses before a potential motion to reject. Any expenses after a potential motion to reject would not be reimbursed.
Q: Can AMS Council edit the wording of a referenda question for the 2024 AMS General Elections Ballot?
A: No, Council can only reject a referenda question. Council could approve its own properly worded referenda question if it rejects an improperly worded one but isn’t required to do so. Additionally, at least ten days must be before the start of voting and approval of a referenda question. So, it is too late to add any new questions to the 2024 AMS General Elections Ballot.
Q: Does the AMS support the current petitioned referenda questions?
A: AMS is strictly neutral in all referenda unless Council decides to endorse a side by majority vote. The only referenda that Council has supported is the Yes side in referenda Question 1, which was a Council-approved question, too. Council has not yet voted on or discussed the petitioned referenda questions.
Q: Is UBC supporting or against any of the referenda questions?
A: Only active members of the AMS (students) are allowed to campaign for or against any referenda questions. So, UBC is not allowed to influence the referenda in any way, nor can UBC stop a referenda
question from going on the ballot. The AMS is an independent student society, and UBC does not influence or participate in our elections or referenda.
Q: The Elections Administrator provided advice on the petitioned referenda questions; doesn’t this mean all the questions meet the Bylaw 4(2) requirements?
A: No, it does not, and the petitioners were informed that it did not. When contacted by any student petitioner, the Elections Administrator, with staff assistance, provides impartial and confidential advice when requested. For Questions 2, 3, and 4, the petitioner was informed that due to the expedited nature of their request to publish a petition and the complexity of their question, the Elections Administrator and staff were limited in the advice they could provide on the question, including because legal advice could not be sought before petitioning. Despite any advice provided by the Elections Administrator and staff, only Council can decide whether a referendum question meets the requirements of Bylaw 4(2), and the petitioner was informed of that.
Q: Can the AMS or AMS Elections stop a petition for a referenda question from being released?
A: Absolutely not; stopping a petition for a referenda question would violate our bylaws. Any student can petition for any referenda question. The resolution for an improperly worded referenda question is to for Council to reject the question. The resolution for a question that someone believes should not be allowed to pass is to campaign for the no side in that referendum.
Q: Does AMS Elections support the current referenda questions being included on the ballot?
A: AMS Elections is strictly impartial. We cannot comment on what referenda questions should or should not be added or removed from the ballot. This is solely a decision for Council to make. We will respect whatever decision is made by Council.
Q: Where can I find the rules for referenda, the questions, and any information for the referenda?
A: All this information can be found on the referendum website.
Q: What should I do if I believe a referenda campaign violates campaign rules?
A: Submit a complaint to AMS Elections at elections@ams.ubc.ca