Tuesday, March 3, 2009

Appeal by Mogil-Klein

Based on the recent decision of the new Election Commission, we would like to appeal immediately before the election tomorrow. Students have a right to vote, and when technical difficulties exist that limits the voting and causes a bias we can do nothing in a democracy BUT protest. We sent in our original protest long before we knew the official outcome of that last election, and these concerns have been shared by many senators, students, and the outgoing election commissioners. 
Below was our written complaint to the election commission, on behalf of the Mogil-Klein Ticket and all of those students who were denied a vote. For this committee, we appeal on the grounds that the election commission did not follow election bylaws and secondly a clear bias exists in favor of Lamb-Breen because of the computer errors recognized by the first election commission. The constitution decrees that no person shall be restricted participation in the student government based on a number of factors, including political affiliation. Because, for the reasons below, Lamb-Breen voters were able to vote more easily than other voters, and for the sheer fact that the technology clearly failed, we appeal the election commissions decision and urge you to act swiftly in deciding this case before the election tomorrow.

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We, two candidates for the GUSA presidency and Vice Presidency, formally issue this complaint about the Friday election. Based off the GUSA Bylaws, we have 5 hours after the official announcement of the results by the Election Commission to issue this complaint. An earlier form was issued to the old election commission as well. This complaint was discussed among senators throughout the election, and was communicated to numerous groups before we even knew the election results.

We feel strongly that this tainted election cannot be validated, and at the end will offer solutions that seek to enfranchise more voters. We hope that in your deliberations, you take into account the fact that your job is not to look out for GUSA’s “image” but to decide on a fair election and permit all students the right to vote. Timing should not be a concern; a free and fair election will ensure that GUSA has legitimacy. We urge you to make a decision before the next round of voting, in order to ensure that the student body does not have to vote another extra time. Also, if this committee is concerned about timing, the Senate Speaker temporarily can take over in between administrations. We would rather have a legitimate leader than one chosen in a tainted election. At the last senate meeting, many senators and candidates agreed with these election issues that we are about to present to you. We appreciate you hearing our case!!

Argument:

1. It was not announced in the second voting email that this was a new round of voting, so most students assumed they had voted a few days before and this was just a second reminder. Therefore, many of our supporters did not know to vote again.

2. Many students were disenfranchised. While the last election commission only received 5 complaints, they acknowledged this was a problem.  Having talked to students door to door as I campaigned, I found that MANY were unable to vote. If students had not reset their browsers from the last vote, it had registered them as already have voted. 

3. To respond to concerns that this affected all candidates equally: We do not know what those voters would have done and therefore the election was not valid. That is why I started complaining before I even knew the election results. This election was very close, and Lamb-Breen voters did not vote in the first election, so when those people voted for the first time Friday they did not have this technical problem because it was their first time logging in. Therefore, we could have legitimately been in the second round. This would significantly effect the outcome of the election, since the students deserved a fair vote and the votes were so close for second and third place, we urge action to be taken.

4. There was no information concerning a new election; the student body was confused and for those reasons the election cannot possibly be viewed as valid.  A minor argument, but equally as valid, is that the bylaws stipulate an election must occur 14 days after campaigning. This new election, which was ruled new by the constitutional council, did not have that 14 day period.

 

For these reasons, we urge this council to allow for a fair and free election where all students have a right to vote. This was not a GUSA mistake, just a technical one. They held a whole new election last year for a similar technical error; we urge this Committee to give us the right to run and the students the right to vote. We wish for a new election, but in the interest of time we also share a recommendation that some senators discussed; based on the results it was clear that there were a few favored candidates. We would support allowing the top 3, 4 or 5 candidates back into the next round of voting. The next round of voting was ordered to eliminate candidates with low vote counts to ensure that someone reach’s a majority. We are confident that a majority could be reached if 3 or 4 candidates were running.

But we filed our complaint that the election was generally tainted and would prefer a new round of voting in the interest of all students having a right to vote. They pay for GUSA, and deserve a say in its leadership. As a GUSA senator, and on behalf of my Senate District residences, I urge this council to act swiftly in favor of allowing me a fair chance to run for office and a fair chance for students to vote for their leadership.

Thank you. This process has not been easy, and has cost more time, money, and effort than anyone intended. We just want a fair chance to run on our platform, and urge the student body to have a right to vote. We have been fair through this process, and know that this will pro-long an election. But timing should not be an issue. We appreciated when the Council allowed Lamb-Breen their fair chance to run and students a fair chance to vote, and we urge our fair chance now.

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