New TMSU election a possibility after all Team Revolt elects are disqualified

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By Racy Rafique, Gabriela Silva Ponte and Jake MacAndrew

The Toronto Metropolitan Students’ Union (TMSU) may hold a “run off election” for the 2023-24 academic year following the disqualification of all Team Revolt executive team members, according to an emailed statement sent to The Eyeopener from the Elections Referenda Committee (ERC).

“In the event of a winning Executive Candidate being disqualified in any election, the Board of Directors shall facilitate another election within two (2) weeks of the disqualification,” according to section 11.5.1 of the Elections Procedures Code. “The ERC shall determine if the disqualified Executive Candidate is eligible for the second election.”

As previously reported by The Eye, Team Revolt—consisting of vice president operations-elect Mahira Shoaib, vice president education-elect Abeeha Ahmad, vice president student life-elect Kareena Bhatia and vice president equity-elect Trevohn Baker—was disqualified from the elections after receiving additional demerit points following the election, according to a statement from the committee released on March 27.

The ERC told The Eye that the TMSU is preparing its complete response to a number of alleged irregularities and violations of the Elections Procedures Code during the election and “is committed to producing a full report of its findings to members this week.”

“In fairness to all stakeholders, the ERC has taken these allegations seriously and thanks members and election participants for their patience while the ERC prepares its full report,” it said.

The ERC said it will keep student members updated with further developments as this matter progresses.

A series of ERC rulings posted to the TMSU election website on March 27 show that Team Revolt received 60 demerit points for several election code violations, as previously reported by The Eye.

Section 8.3.8.4 of the Elections Procedures Code states that accruing more than 35 demerit points as an executive candidate “will result in an automatic disqualification.”

“Due to the unprecedented number of submissions, the Committee has made a number of decisions related to the conduct of candidates and campaigners during the election,” the ERC’s March 27 statement read. “This has resulted in the issuance of demerit points to multiple candidates, which has an impact on the final outcome of the election.”

Team Revolt received demerit points for violating four different election bylaws—42 demerit points for accessing a member’s voting portal on their behalf, four for campaigning to students while they are voting, four for misrepresentation of fact and 10 for unauthorized campaigning—on multiple instances, as previously reported by The Eye .

As previously reported by The Eye, Team Revolt received 25 demerit points on March 22 for accessing a student’s voting portal on their behalf. This violated section 8.3.7.2 of the TMSU’s Elections Procedures Code which states that accessing member’s voting portals on their behalf is a campaign violation punishable by the accrual of up to 25 demerit points.

This was appealed by Team Revolt on March 24, according to a ruling posted to the TMSU website. The ERC reviewed the appeal on March 26 and reassessed the initial ruling, issuing six additional demerit points, totalling 31 demerit points.

In the same ruling, Team Revolt also received two demerit points for campaigning to students while they were voting and four demerit points for misrepresentation of fact—which are both violations un- der section 8.3.7.2 of the Elections Procedures Code.

Team Revolt received an additional 17 demerit points for video footage “that shows a person accessing a students’ laptop and telling them to vote for members on Team Revolt,” according to a March 26 ruling posted to the TMSU website.

The video, which was submitted by another candidate, violated section 8.3.7.2 of the Elections Procedures Code twice—for accessing a member’s voting portal on their behalf and campaigning to students while they are voting.

The slate was given the maximum of 15 demerit points for accessing a student’s laptop and only two demerit points out of 15 for campaigning to students while they were voting.

The ERC said the individuals in the video presented appeared in multiple other video complaints submitted to them. “Therefore more weight is given to the issue of “accessing members voting portals,” the committee said in the ruling.

Team Revolt was issued an additional 10 demerit points for allegedly trying to engage students to vote for the slate.

According to the ruling dated March 26, video evidence of “two individuals engaging students to vote for Team Revolt” was submitted by two candidates on March 24.

“The ERC has ruled that while the audio is unclear these individuals have been identified previously as [through] other videos, audibly campaigning for Team Revolt,” said the ruling.

Section 8.3.7.2 of the Elections Procedures Code states that candidates can receive up to 15 demerit points for unauthorized campaigners. According to section 8.1.41 of the code, “only Members of the TMSU, with the exception of the ERC, may engage in Campaigning.”

Team Revolt was issued five demerit points per unauthorized campaigner, for a total of 10 points.

On top of the accrued 58 demerit points, Team Revolt received two demerit points for another incident involving accessing a member’s voting portal on their behalf.

According to the ruling, multiple students reported that they witnessed a person approaching students in Yonge-Dundas Square and asking them if they had voted. If they did not vote, the person showed the students how to vote for Team Revolt.

“There is a reduction in demerit points issued because it took 3 witnesses to validate that the misconduct occurred,” said the ruling.

One complainant submitted a photo and video where the people were not touching the students’ devices. A second complainant submitted a testimonial outlining the misconduct.

“The person in question was also observed by a member of the ERC in the same location campaigning for team Revolt and helping people vote,” the ruling reads.

In its statement to The Eye, the ERC said it is tasked with ensuring elections are conducted with fairness, respect and integrity.

Prior to the disqualification of Team Revolt, no presidential candidate had been elected in the March 24 election.

Current TMSU president Marina Gerges, who was running for reelection, will end her 2022-23 term on April 30, according to section 4.3 of the TMSU election bylaws.

She was not re-elected for the 2023-24 academic year, despite running unopposed, as previously reported by The Eye

Section 9.2.2 of the TMSU’s Elections Procedures Code states that an uncontested executive candidate “shall face a Yes or No vote.”

Gerges needed over 50 per cent or greater number of the votes cast as “yes” to be elected.

Now, all executive positions remain vacant.

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