Student Government (AAS)

4.5.12 Elections Complaint

Complaint:

To: George Tepe, Judiciary Council Chair

I would like to file a formal election complaint with the JC. At 9:05pm on 4.5.12 I received a

phone call from a student who alleged that someone was illicitly accessing elections results in

real-time, and then sharing them with an E-board candidate. Upon examining the permissions

list, I discovered that an unauthorized student was indeed capable of retrieving elections results

and promptly removed them from the list.

These charges & circumstances put the integrity of the 4.5.12 E-board elections into question.

I ask that the JC mount an investigation into the possibility of illicit access to elections results

and/or the sharing of these results with candidates.

Sincerely,

[Ian Hatch]

Ian Hatch -- Elections Committee Chair

Decision:

A unanimous majority of the JC agreed on the validity of the complaint Sunday, April 8,

2012 within 48 hours of when the complaint was filed.

A hearing was held on Thursday, April 12, 2012. Testimony was heard from: each

E-board candidate on the April 5, 2012 E-board elections ballot with the exception of Alex

Stein ‘13, Diwa Cody ‘14, and Alex Southmayd ‘15. A statement was read on behalf of Josh

Mayer ‘13. In addition, Ian Hatch ‘14 and Alex Hurst ‘12 testified. Alex Stein’s resignation and

statement to the AAS was taken into consideration. Alex Southmayd’s statement was taken into

consideration.

After examining the elections results, the JC voted unanimously to allow the results of

the Executive Board elections for the positions of Secretary, Judiciary Council Chair, and Vice

President to stand. Although there were various testimonies concerning the extent to which

information regarding live election results was spread, the committee found no conclusive

evidence that the information leaked by Ms. Cody affected any of these elections in letter or in

spirit.

The JC voted unanimously to nullify the results of both the Presidential and Treasurer

elections on the grounds that candidates in either race had access to live election results during

the course of the elections. This vote was supported by the testimony of Mr. Hatch, Mr. Hurst,

and Mr. Tepe. While no constitutional rule was broken in attaining or sharing the election data,

the JC believes that the possession of such data and the possibility of its illicit use throughout the

day, compromised the spirit of the election.

Furthermore, the JC voted 3-1 (Landman dissenting) to forgo any sort of punitive action

towards any of the elections’ candidates. The affirming members found insufficient evidence to

attribute the behavior of the election data to any illicit behavior on the part of any candidate.

Therefore the JC found insufficient evidence to warrant any sort of sanctions. Mr. Landman’s

dissent stemmed from his belief that the evidence presented was conclusive enough to

demonstrate that the parties involved obtained and shared illicit information. He believed that

although the information might not have affected any elections results, the receiving and sharing

of the information instead of reporting it was wrong. Mr. Landman felt that strong disciplinary

action was necessary in order to prevent future transgressions.

In light of these decisions, the JC calls for the Elections Committee to hold new

Presidential and Treasurer elections; to hold the necessary Executive Board run-off elections;

and to postpone the Senate and Judiciary Council member elections according to the following

timeline:

- Petitions for candidacy in either the Presidential or Treasurer elections will be due to

the Elections Committee chair, Ian Hatch ‘14 by Monday, April 16, 2012.

- A speech night, if requested by a member of the student body, will be scheduled for

Tuesday, April 17, 2012.

- The elections for President, Treasurer, and the runoff elections for Judiciary Council

Chair and Vice President will take place on Wednesday, April 18, 2012. These elections will

follow standard election procedures.

- If necessary, the runoff elections for President and Treasurer, will take place Saturday,

April 21, 2012. These elections will follow standard election procedures.

- A speech night, if requested by a member of the student body, for Senate and Judiciary

Council member elections will be scheduled for Monday, April 23, 2012.

- The elections for Senate and Judiciary Council positions will take place on Thursday,

April 26, 2012. These elections will follow standard election procedures.

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The above accelerated schedule and decision contained herein is permissible under the

powers granted to the Judiciary Council under Article VII, Section 5, Part 3.