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October 7, 2010
Judiciary Council Ruling October 7, 2010
Judiciary Council Chair: Thomas Burnett 11
Voting Members: Samual Bell 11, William Crum 11, Analena Alcabes 13,
Jean Santiago 13, George Tepe 14
Complainant argued that The election on Saturday, October 2, 2010 was declared without a vote by the Elections Committee in Contravention of Article V, Section F, Clause 1 of the AAS Constitution. Furthermore, the complainant alleged The procedures established in Article V, Section F, Clauses 1-3 and 7 of the AAS Constitution were not followed prior to the Saturday Election harming the competitiveness and awareness of the election.
The majority of the JC agreed on the validity of the election complaint on Monday October 4 after the Senate meeting, within 24 hours of when the election complaint was filed.
Before ruling on the original complaint, the Judiciary Council (JC) addressed a complaint that the JCs meeting was unconstitutional because the JC did not give 72-hour notification of the hearing, reputedly violating Section VII, article E, Subsection 2, Paragraph d.
JC unanimously agreed that the meeting was constitutional. The JC agreed that we followed the special election complaint procedure (V.I), rather than the complaint procedure outlined in Section VII, Article E. The election complaint procedure does not include the 72 hour notification clause.
The JC decided unanimously to invalidate the election on October 2 on the grounds that it was run as a run-off, rather than as a separate mid-term election. New candidates were not given the opportunity to file petitions for the mid-term election (V.F.2). The Elections Committee never met to decide the date of the mid-term election.
The JC recommends that the Elections Committee meet to plan the new mid-term election. We recommend follow the following general plan to avoid future constitutional issues:
The Elections Committee should meet to set the new mid-term election. The Elections Committee should announce the new mid-term election by 11:59 p.m. Friday October 8. The election should be set prior to the next Senate meeting. JC suggests Friday, October 15.
Petitions should be due Wednesday at 7:00 pm. All candidates of the September 30th election must reregister if they would like to be on the ballot, and any member of the class of 2013 may be a candidate if they submit the necessary petition.
A speech night, if requested by any member of the Amherst student body, should be held on Thursday October 14 at 7:00 pm.
The elections committee should announce the start of voting at 12:00 am Friday (right after 11:59 pm Thursday