The judicial body of the University of Wisconsin student government convened Tuesday night for a hearing involving allegations of violations that supposedly took place during the Associated Students of Madison elections.
The Student Judiciary hearing of Student Election Commission vs. BOOP came after an individual, who has chosen to remain anonymous throughout the proceedings, filed the complaint against BOOP, a campaign slate in the ASM election last month.
The complaint alleged BOOP violated two ASM election rules for the spring 2012 election. SEC Chair Mickey Stevens said SEC felt there was probable cause to file the complaint with SJ.
The petition implicates all 22 members of BOOP, which could potentially lead to the disqualification of all BOOP candidates from the 2012 spring election. Nine of the BOOP candidates who ran in the election were elected to seats, but could lose their positions if the allegations are found true.
Stevens said according to SJ case law “any candidate may be held liable for an action committed in their name.”
ASM Election Rule 12 states that candidates and their affiliates must respect the postings and chalking of all others involved in the elections by not altering them.
BOOP candidates are being accused of chalking or writing over the names of candidates who were not running on the BOOP slate. Specifically, the complaint alleges BOOP candidates wrote over ASM candidate Maria Giannopoulos’ name and writing “she’s crazy” in chalk with an arrow pointing to the candidate’s name.
BOOP candidate Maxwell Love said although there is proof that chalking occurred, he does not know who did it and there is no way to prove who did. Love said the photos presented by the petitioner did not meet the clear evidence standard that would make a candidate liable according to SJ case law.
Love also said it would be unreasonable to expect BOOP members to be aware of the violation, noting that it had rained previous to BOOP’s chalking. He also said several members of BOOP were absent during the planning process and that it would be “ridiculous” to hold them accountable for something they were unaware of.
The petition also concerns an election rule which states, “all state, city, and university rules regarding campaigning or advertising shall apply to “candidates.”
Stevens submitted video evidence showing individuals on East Campus Mall playing music through AMP speakers. Several BOOP members admitted to having been present. The event violated city and university law because the space was not approved nor was there a permit acquired for the music.
BOOP members argued that because the event violated university and City of Madison policy and did not constitute an election violation, it should therefore not be arbitrated by SJ. Stevens said this violation of the law was well within the legal jurisdiction of SJ.
“If it’s illegal to do something outside the election by no means should it be legal during,” he said.
However, Love said both the City of Madison and the university were aware of the violation, and that an officer was present during the time of the event but did not approach any BOOP members.
BOOP candidate Libby Wick-Bander said it was unfortunate that students could be kicked out of their positions for attempting to reach out to fellow students on campus.
“We are being publicly humiliated,” she said.
SJ will make a decision on this hearing within two weeks. In the event that BOOP candidates are disqualified from their positions, vacated seats will be filled by the runners-up or the ASM Nominations Board would fill the position.
