COMMISSION ON ASSOCIATION ELECTIONS

ASSOCIATED STUDENTS OF THE

UNIVERSITY OF NEVADA

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:

KNOW YE, That the Senate of the Associated Students, at its

Seventy-Fifth Session, held in Reno, Nevada, on the twentieth day of February,

in the year two thousand and eight, passed the following resolution to amend

the Constitution of the Associated Students, in the following words and

figures, to wit:

  Resolved by the Senate of the Associated Students (two-thirds

concurring therein), That the following is proposed as an

amendment to the Constitution of the Associated Students of the

University of Nevada, which shall be valid to all intents and

purposes as part of the Constitution when ratified by two-thirds

of those voting in the ASUN general election, and approved by

the Board of Regents of the Nevada System of Higher Education:

  Strike Article III, section 4(a) and insert in lieu thereof the

following:

  “(a) The President, Vice President, and all other executive

officers of the Associated Students shall be removed from office

on impeachment for, and conviction of, any of the following

offenses:

  “(1) Malfeasance, which is a wrongful act which the

officer has no legal right to do; any wrongful conduct which

affects, interrupts or interferes with the performance of

 official duty; or an act for which there is no authority or

warrant of law.

  “(2) Misfeasance, which is the performance of a legal act

in an improper manner.

  “(3) Nonfeasance, which is failure to perform an act

which ought to be done; or the failure to perform the powers

and duties of office.”

  Strike Article IV, section 4(a) and insert in lieu thereof the

following:

  “(a) The justices shall be removed from office on

impeachment of, and conviction of, any of the following

offenses:

  “(1) Malfeasance, which is a wrongful act which the

justice has no legal right to do; any wrongful conduct which

affects, interrupts or interferes with the performance of

official duty; or an act for which there is no authority or

warrant of law.

  “(2) Misfeasance, which is the performance of a legal act

in an improper manner.

  “(3) Nonfeasance, which is failure to perform an act

which ought to be done; or the failure to perform the powers

and duties of office.”

And, further, that section 3(a) of the Constitutional Amendments Procedure

Act of 2008 (ASUN Public Law 75–40; 75 ASUN Stat. 113) provides that

whenever an amendment to the Constitution of the Associated Students has

been ratified by the membership of the Association, pursuant to the

provisions of Article V of the Constitution of the Associated Students, that the

Chair of the Commission on Association Elections shall forthwith certify to

the President of the University that the amendment was ratified pursuant to

the provisions of the Constitution of the Associated Students.

And, further, that section 3(b) of the Act aforesaid requires the Chair of the

Commission on Association Elections to cause to be filed with the Secretary of

the Senate of the Associated Students, the Archivist of the Associated

Students, and the President of the Associated Students a duplicate of the

certificate as provided for in section 3(a) of the Act aforesaid.

And, further, that it appears from the Official Certificate of Results, made

effective on April 16, 2008, by virtue of being read into the Minutes of the

Senate of the Associated Students on that day, that the Amendment to the

Constitution of the Associated Students proposed as aforesaid has been

ratified by the students voting in an election held on March 12 and 13, 2008, in

which 1,289 students voted on the Amendment and 860 voted in the

affirmative to ratify the Amendment.

And, further, that the vote of the students in the election constitutes the

requisite two-thirds majority of the students voting in an election on that

question to ratify the Amendment.

NOW, Therefore, I, Sean Driscoll, Chair of the Commission on

Association Elections, by virtue and in pursuance of section 3 of the ASUN

Constitutional Amendments and Procedure Act of 2008, do hereby certify that

the aforesaid Amendment has been ratified by the membership of the

Association pursuant to the provisions of Article V of the Constitution of the

Associated Students.

IN WITNESS WHEREOF, I set my hand this [seventeenth day of

February] in the year two thousand and nine.

SEAN DRISCOLL
Chair of the Commission
on Association Elections