Calstuff
Don't mess this up!
-Kevin Deenihan,
Emeritus


Home
Archive
Extended

Help CalStuff!

Disclaimer: Calstuff and/or the opinions expressed are not affiliated with the University of California, Berkeley.
Recent Guest Posts
Tenants' Rights Week
by Jason Overman
Search

Powered by:
Contact
Email Calstuff
FaceBook CalStuff!
Allen L.
 About
 E-mail
 IM
Andy R.
 About
 E-mail
 IM
Ben N.
 About
 E-mail
 IM
Cooper N.

 About
 E-mail
 IM
Syndication
Site Feed (ATOM)
Comments Feed
Add to LJ Friends

Subscribe in NewsGator Online
Subscribe with Bloglines
Berkeley Blogs
CalJunket
With humor.
Cal Patriot Blog
Conservative Blog
UC Berkeley Livejournal
Discussion Forum
California Patriot Watch
Self Explanatory
Brad DeLong
Econ Prof
The Bird House
Cal Prof on everything
Cal Politik
Rants & Raves
Beetle Beat
Full Time Whiner
"Frat" Life
Cal "Frat" Boy
Cal Tzedek
Jewish Students Blog
Personal as Public
Soft Boiled Life
Hilariously Un-PC.
Cal Alumni/ Squelch Blogs
Kedstuff
Remember him?
I Fought the Law
Optimus Primed
Zembla
With Cuteness
Ne Quid Nimis
With Photography
Tuesday, April 01, 2003
# posted by Kevin @ 9:45 AM

Student Action has sued the Elections Council over interpretation of flyer cost. As strange as this may seem to non-ASUC types, those 'DONE' flyers that were so widely posted over the past two weeks did not count as Election Material last year. Considering how much SA spends on them, counting them as campaign material really hits against their finance limit.

This interpretation seems to have taken them by surprise, but they were never on firm legal ground. Here's their argument:
The issue is that potentially inaccurate and illegal instructions are still on the website with regards to party fliers. It's factually incorrect because in NO previous year have general party fliers (including DONE!) counted against all candidates.

Counting fliers in the way spelled out is inviolation of Title IV, 18.1.5 of the by-laws, which states the following: "Accordingly, material that only explicitly advocates a non-campaign function of a party or does not advocate any function of a party, shall not be included in the definition of campaign material."

The spending limit in the by-laws and the Constitution is on campaign materials, and therefore, counting party fliers that don't explicitly advocate for an election outcome or include a candidate or position as part of campaign materials is in clear contradiction to 18.1.5.

Please also note that a DONE! flier only explicitly advocates an accomplishment, and something with only a party name on it (like the Calserve fliers) does not explicitly advocate any function at all.
To consider trumpeting accomplishments two weeks before an election a 'non-campaign function' is looking for a loophole at best. It requires a very blind interpretation of the flyer's intent and context. So, not looking good for Student Action.
Email This Post!

Home
Advertisements
Advertising Policy

Place an Ad on Calstuff



Get Firefox!

Cal Magazines
Heuristic Squelch
Humor Mag
California Patriot
Conservative
Hardboiled
Lefty/Asian mag.
Bezerk
Comics Mag
In Passing
Bloggish
Cal Newsites
Daily Californian
Student Newspaper
Daily Planet
City Newspaper
Berkeleyan
Faculty/Staff news
Newscenter
Administrative Announcements
Indybay
Hard Left News
East Bay Express
Alt-weekly
Cal Other
UC Rally Committee
Stand nineteen feet tall! Be united! Be tough! Be proud!
CyberBears
GO BEARS!
ASUC
Cal's Student government
One
Cal's Student Portal
Berkeley Bookswap
Good Deals

Weblog Commenting and Trackback by HaloScan.com