Student Court will hear three MSA election appeals after Nov. 24
The results of the cases could affect the results of the presidential election.
Published Nov. 23, 2007
Three of nine Board of Elections Commissioners' decisions regarding fines in the Missouri Students Association presidential election have been requested for appeal. Hearings will be scheduled after Nov. 25.
While the slates and other students waited for the announcement of election results on Nov. 14 on the steps of Jesse Hall, Student Court Chief Justice Drew Weber and Associate Chief Justice Lucinda Housley instead announced election results would be postponed due to the pending appeals.
"The Student Court has decided that the announcements will be postponed due to pending litigation that could have ramifications on the results of the election," Student Court Chief Justice Drew Weber said at the scheduled announcements.
The three decisions requested for an appeal were filed Nov. 13, two days before the results of the elections were to be announced. All three appeals regarded complaints against the slate of Jim Kelley and Chelsea Johnson.
One complaint alleged Johnson, the former Budget Committee chairwoman, used her MSA mailbox early in the campaign. The Board of Elections Commissioners' Handbook states no MSA office or equipment can be used for the campaign.
But, according to the BEC case report, the complaint was filed a month after the incident occurred. This time frame is much later than the 24-hour statute of limitations for complaints, according to the BEC Handbook. Because of this, Kelley and Johnson were not sanctioned.
The second complaint alleged Johnson reserved tables used for campaigning under the MSA Budget Committee instead of under the BEC.
"This was a clear violation of the BEC Handbook," the BEC stated in its case report. The Kelley/Johnson slate incurred an intermediate violation, which cost the slate two points and a $75 fine.
The final BEC decision requested for appeal relates to a complaint filed by current MSA Vice President Andrew Cafourek and Department of Student Activities Director Nick Trusty. Photos submitted with the complaint are claimed to show the Kelley/Johnson slate had more than 300 fliers posted on campus. The complaint stated the slate's paperwork only accounted for 200 fliers.
After referencing three different forms, the BEC concluded that the slate had cited the cost of all is fliers, which go toward its $1,000 campaign spending cap, but the candidates had forgotten to indicate the quantity of fliers on one form.
"We felt that this was an honest mistake, since the money was reported truthfully," the BEC case report stated.
It also stated the photos were "inconclusive." The slate was fined $25 for a minor violation and lost one point for the incomplete paperwork.
Although these three BEC decisions were requested for appeals, six other complaints were filed over the course of the election: three against the slate of Dustin Barker and Jessica Ekhoff and an additional three against Kelley and Johnson.
The BEC decided four of these six complaints required no sanction. Two of those were against Kelley and Johnson, and two were filed against Barker and Ekhoff.
The Barker/Ekhoff slate was the first slate in the campaign to receive a sanction. The slate lost two points for posting too many fliers on a bulletin board in Strickland Hall. Kelley and Johnson also lost one point after a complaint was filed that alleged the slate placed a banner in the courtyard of Conservation Hall without completing the proper form. Although the slate had corresponded with the building coordinator via e-mail, the BEC case report stated e-mail correspondence is not sufficient enough permission. Each slate needs at least one point of eight initial to continue to qualify for office. Due to the BEC decisions, Barker and Ekhoff have six points left and Kelley and Johnson have four points left. But, the Student Court could overrule any decision made by the BEC in the appeal cases.
BEC Chairwoman Amanda Morlock said no more complaints can be filed at this time, because the cut-off for filing complaints was three days after voting ended.