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March 26, 2012
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Issue 93, Volume 77
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Candidates challenge disqualification Students claim the Student Government Association Election Commission did not follow the Election Code when making its decision Taylor McGilvray
THE DAILY COUGAR The Student Government Association Court of Appeals will decide whether or not to uphold the Election Commission’s decision to disqualify four candidates at 8 p.m. today in the Large Conference Room in the University Center Underground. Michael McHugh and Mohammed Aijaz, who ran for president and vice president, filed separate appeals from Laxmi Ramana and Brandon Balwant, who ran for Natural Sciences and Mathematics senate seats, on March 21. Both appeals claimed the Commission did not adhere to the Election Code when disqualifying the candidates and said the students be reinstated to the position they
!3129-:; Election Commmission disqualifies candidates on the basis of election fraud
were elected to in SGA. McHugh and Aijaz filed their appeal through Houston attorney Jolanda Jones, in which they said the Election Commission violated six clauses of the SGA Election Code — including the timeliness of the registration of the complaints and exclusion of the names of the complainants. The Court of Appeals has one class day after the hearing to file its written ruling with the Election Commission, the SGA President, the Speaker of the Senate, the appellant and the complainant, according to the Election Code. The SGA Advisor will implement the rulings, according to the Election Code. The candidates were originally disqualified when the Election Commission found them guilty of using other students’ personal
!3129-:< McHugh, Aijaz, Balwant and Ramana filed appeals
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Reasons the SGA Election Commission disqualified the four candidates
information to vote in the SGA elections, according to the Election Commission’s decision. “Few members from the McHugh-Aijaz party were approaching students with a ‘petition’ that was ostensibly for a request to fix the faucets in the library,” the decision said. “A student who filled out the petition which asked for first name, last name, people soft, birthday, classification and college that they are enrolled in which is the same information as needed to cast a vote in the SGA election.” McHugh and Aijaz said the decision did not follow the Election Code. “The impact of the Commission’s decision undid a lawful election and denied the Appellants Due Process. The appeal is based
!3129-:: Preliminary hearing of the appeal bythe chief justice of the SGA Court of Appeals
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What: SGA Court of Appeals hearing When: 8 p.m. today Where: Large Conference Room in the University Center Underground Decision: The Court of Appeals will decide whether or not to uphold the Election Commission’s decision to disqualify four canddiates
on frivolous allegations and violations of the Election Code by unknown complainants and other co-conspirators, all of whom have political agendas and motives against the Appellants,” said McHugh and Aijaz’s appeal. The Election Commission and appellants declined to comment. news@thedailycougar.com
!3129-:= Hearing of the appeal conducted by the SGA Court of Appeals
The Commission cited the following clauses from the Election Code in its decision:
Article IX section 1 clause 6 ! ! “Complaints shall include: a. Name, address, phone number, e-mail address, and student number of the complainant. b. Name of the person against whom the complaint is filed. c. Action about which the complaint is filed. d. Alleged injury to the complainant. e. Adjudication asked for by the complainant.”
Article V section 10 clause 2 ! “Candidates found guilty of election fraud by the Election Commission will be subject to: a. Disqualification”
Article IX section 1 clause 7 ! ! “Within one (1) class day after receiving the complaint the Commission shall post at the Student Government Association Office the complaint and the action they have taken.”
Article III section 3 clause 4 ! ! “Candidates who are members of a Party are held individually accountable to the provisions of this code, although parties as a whole may be held accountable to the provisions of this code.”
Article IX section 1 clause 5 ! ! “Any complaint filed by the Commission with the Student Government Association Court of Appeals must be in the same form as required for general complaints. The Commission may allege that the Student Government Association is aggrieved.”
Article XI section 1 clause 3 ! “A candidate who has not met all the requirements of the Election Code shall not be certified by the Commission as the winner of a race. In addition, no winner of a race shall be certified by the Commission until all allege violations in the position have been vindicated.”
Article IX section 1 clause 4 ! ! “Each complaint shall be assigned a number by the Administrative Secretary at the time of receipt. The receipt given to the complainant shall reflect the time of submission.”
The Student Government Association Election Commission disqualified Michael McHugh, Mohammed Aijaz, Brandon Balwant and Laxmi Ramana on the basis of election fraud for using students’ personal information to cast votes without their consent during the general elections, said the Commission’s formal complaint.
McHugh, Aijaz say the Election Commission violated the following clauses of the Election Code Article IV section 12 clause 1 ! ! “If no complaints or appeals are registered by 4:30 p.m. within two (2) class days of the announcement of the Run-off Election results, all election results shall be deemed final.”
Article IX section 1 clause 9 ! ! “The Chief Election Commissioner shall provide copies to the Student Government Association President, Speaker of the Senate, Chief Justice of the Student Government Association Court of Appeals and the candidate(s) against whom the complaint has been filed. a. There shall be one (1) copy posted at the Student Government Association Office. b. The candidate against whom the complaint was filed must obtain a copy of the complaint from the Election Commission.” Sources: SGA Election Commission’s 2012 D Complaint and McHugh and Aijaz’s appeal
!3129-:> The deadline for the SGA Court of Appeals to make a decision. The Student Government Association Court of Appeals is empowered with the following sanctions or remedies: a. Cease orders b. Disqualification or denial of certification c. Ordering of a new election with the original candidate or such candidates who have not been disqualified to run d. Denial of permission to a candidate to continue any form of campaigning until such time as there shall be compliance with SGA Court of Appeals orders e. Change of certification of election results” Article IX section 7 clause 1 of the SGA Election Code