ASSU Constitutional Council 2003-2004
Case 1:
Mefford vs. Fifth Undergraduate Senate
Official Opinion
The Council decided that the legislative act on
As part of this decision, the Council determined that, 1) the act of not certifying the election falls within the scope of enacting legislation, and 2) there was sufficient evidence to determine the constitutionality of the Senate’s actions.
The Council decided that the act stemming from the one declared unconstitutional was creation of the special elections. The Council then decided that this stemming act had been done in good faith, and decided to reinstate it with the recommendations that: 1) the Elections Commissioner maintain the confidentiality of the results of the special election until after the Undergraduate Senate votes on election certification, and 2) should the Undergraduate Senate vote to certify the 2004 General Election for ASSU Executive, the Elections Commissioner keep the results of the special election confidential indefinitely.
The Petitioner alleged that the legislative act by the Undergraduate Senate to reject the recommendation of the Elections Commission to certify the 2004 ASSU Executive Elections were unconstitutional, as they infringed upon the right to free speech, as guaranteed in Article I, Section 3, Clause 2 of the ASSU Constitution:
“The Association shall
enact no legislation respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press;
or the right of the people peaceably to assemble, and to petition the
Association for a redress of grievances.”
Concurring: Howard Chiou, Bill Curry (Chair), Mónica Henestroza, Robert Rudnitsky
Dissenting: None
Abstentions: None
The Council determined that the stemming act is the creation
of the special election scheduled for
Concurring: Howard Chiou, Bill Curry (Chair), Mónica
Henestroza, Robert Rudnitsky
Dissenting: None
Abstentions: None
The Council determined that the acts for which good faith needed to be considered were the Undergraduate Senate’s vote to reject the recommendation of the Elections Commission to certify the 2004 ASSU Elections and the Undergraduate Senate’s creation of the May 5-6 special elections.
a. For the Undergraduate Senate’s vote to reject the recommendation of the Elections Commission to certify the 2004 ASSU Executive Election, the Council decided that it was not done in good faith.
Concurring: Howard
Chiou, Bill Curry (Chair), Mónica Henestroza, Robert Rudnitsky
Dissenting: None
Abstentions: None
b. For the Undergraduate Senate’s creation of the May 5-6 special elections, the Council decided that it was done in good faith.
Concurring: Howard
Chiou, Bill Curry (Chair), Mónica Henestroza, Robert Rudnitsky
Dissenting: None
Abstentions: None
a. The Council decided the Undergraduate Senate’s vote on April 20, 2004 to reject the recommendation of the Elections Commission to certify the 2004 ASSU Executive Election is unconstitutional, and therefore null and void. The Council reminds the Undergraduate Senate that constitutional reasons must be provided for not certifying an election, and that votes cannot be based on issues that are protected by Article I, Section 3, Clause 2 of the ASSU Constitution.
Concurring: Howard
Chiou, Bill Curry (Chair), Mónica Henestroza, Robert Rudnitsky
Dissenting: None
Abstentions: None
b. The Council decided to reinstate the creation of the special election, with the recommendations that 1) the Elections Commissioner maintain the confidentiality of the results of the special election until after the Undergraduate Senate votes on election certification, and 2) should the Undergraduate Senate vote to certify the 2004 General Election for ASSU Executive, the Elections Commissioner keep the results of the special election confidential indefinitely.
Concurring: Howard
Chiou, Mónica Henestroza, Robert Rudnitsky
Dissenting: None
Abstentions: Bill Curry (Chair)