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Nap Time!!!

Thursday, February 12, 2009
The ASUC doesn't want YOU

The Judicial Council issued an advisory opinion that someone who canceled their spring registration can't run for Senator for the Fall semester. The Judicial Council concludes that the dude can't be elected when he isn't a student, using analysis I think is pretty clearly wrong. The Constitutional requirement reads:
In order to assume or remain in an elected, appointed, or confirmed position in the Association...
and has conditions which the Judicial Council concludes the dude doesn't meet. But Senators don't "assume" their positions until the Fall Semester when their term begins, and the requirement says nothing about status at the time of the election.

posted by Beetle Aurora Drake 2/12/2009 12:48:00 AM #
Comments (5)
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Title VI, Article I, Section 1.1 of the ASUC By-Laws additionally stipulates that a student,
for the purposes of running or serving as ASUC Senators and Officers, is “one who is registered in classes during the current semester or, if between semesters, during the most recent semester.”
My point was the Constitutional analysis was flawed, because it didn't matter under the Constitution if the student met the requirements at the time of the election.

The By-Laws do define who can run for office, but I don't think the By-Laws can disqualify people from running for office if they are eligible according to the Constitution.
They shouldn't be allowed to run for office because they'd have too much time on their hands to campaign.
But they do allow graduating seniors to run. If they win, they wont be students.
The bylaws stipulate all sorts of things you have to have before you can run, that the constitution says nothing about (ie all the forms for the elections council, etc). Can someone get on the ballot without following those rules also? I get that it's not the same (procedural requirements vs. basic rights), but still, I don't think it's enough to say the constitution is the only authority on who can and cannot run.
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