Sunday, January 25, 2009
Victory for the Elections Council?
The Elections Council has successfully convinced the Judicial Council to find the Elections Council guilty of mismanagement of the election, in that they have violated the Constitution and By-Laws (specifically the publicity requirements), and such mismanagement may substantially affect the recall election. Thus, the recall election has been voided, and the Senate needs to provide for a new election to be held "within four full semester weeks, or as soon as it is feasible."
Of course, one can argue that the Senate can no longer legally hold regular meetings. They can hold special meetings, though. In fact, a special meeting, with a specific list of business to conduct and a fixed, predetermined adjournment time might be a welcome change from the regular meetings the Senate is used to. If they wanted to schedule a special meeting for the same time as the regular meeting, they would need to do so by 7 pm on Monday.
I expect them to simply proceed with regular meetings unless someone tries to stop them. You could also argue that the election was "held" and voided already, so the Senate can meet. And you could argue that the idea of prohibiting the Senate from meeting is nonsense in Constitutional context.
Update: By the way, it was a decision by three justices. I believe there are currently six justices, though I'm not certain. Is that a quorum?
Update: Yes, it is. Apparently, there are only four members of the Judicial Council right now.
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