Wednesday, February 18, 2009
Hum
I haven't seen this charge sheet, so I can't say anything too specific about it. It seems like he's arguing that the Judicial Council cases were decided incorrectly, and asking the Judicial Council to rule as such.
The ASUC bylaws state that a recall election must take place within two meetings of the recall election date set by the senate. If they do, it's an extremely new provision passed either today or last week, because until last week, there simply weren't any rules in the By-Laws dealing with recall elections. The Constitution requires that the recall election take place within two meetings of the Senate meeting setting the date (not within two meetings of the recall date, which doesn't seem to make sense).
It seems that Moghtader is also arguing that the Judicial Council can't invalidate an election before it happens. I'm not sure I see that in the rules:
Any student may petition the ASUC Judicial Council to void an election, on grounds of the integrity of the Elections Council, its mismanagement of the election, or the mechanism of the count, prior to the expiration of the Statute of Limitations stated in Article 13.5.
If the ASUC Judicial Council rules that there was mismanagement, or that there was an unpunished violation, the ASUC Judicial Council may void the election on the grounds that the mismanagement or the unpunished violation substantially affected the outcome of the election. While you could argue the past tense here demands that such a ruling take place after the election, I don't really think that's a supportable basis. Clearly, if an election just doesn't happen, it's been mismanaged, and the Judicial Council can hardly wait until after the nonexistent election to say so. In this case, the mismanagement was evident and had occurred before the election had even taken place, so I don't see why the Judicial Council would need to wait for the mismanaged, illegitimate election to take place before voiding it.
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