Two New Suits Filed with J-Council

I filed two election’s related suits recently with the J-Council.

The first is against the Elections Council and it argues that they are violating Article II.I.A of the ASUC Constitution by not tabulating the votes of the election.

The Constitution clearly states that executive officers must be sworn in by the start of summer sessions, which falls on May 24th of this year. Title 4 Article16.1 of the Association’s by-laws is preventing that swearing-in from happening. We are asking that the by-law be declared null and void and that a writ of mandamus be issued to compel the Elections Council to the tabulate the votes of the spring election of April 2004 at the earliest possible moment before the deadline.

I filed this suit on behalf of my party, BEARS-United.

The second suit I filed on my own and it is against the current Executives Officers, and in particular Kris Primm for the Executive Order he issued extending his own term and the terms of his fellow execs.

1. Article II.II.C of the Constitution permits the President of the Association to issue Executive Orders for the purpose of taking “actions which are urgent and necessary to maintain the functioning of the A. S.U.C. until the Senate can again meet.”

However, Article II.II.C does not permit the President of the Association to issue Executive Orders that violate the Constitution itself.

This past Saturday May 22nd, 2004 the President of the Association issued an Executive Order, Executive Order # 4, that extended the term of his office and the terms of the other executive officers of the Association until such a time when new officers are ready to be sworn in.

The President’s Executive Order violates Article II.I.A of the ASUC Constitution, which states that executive officers of the Association are to be elected during the spring semester and are to begin their terms on the first day of summer sessions following that election.

2. Article I.III of the ASUC Constitution states that in orders for members of the Association to retain their offices they must be registered students of the University. And while that requirement is loosened for the summer semester, the constitution explicitly states that if officers of the Association are to retain their positions over the summer semester they must intend to be registered students for the following Fall Semester.

The defendants in the case, the current officers of the Association, except for Student Advocate Madan have graduated from the University and do not intend to be registered students during the fall semester.

The President of the Association issued an unconstitutional executive order extending the term of his office and the terms of the other executives. If these officers are allowed to serve during the summer semester they will be in violation of Article I.III and should thus be immediately ordered to vacate their offices.

I asked the council to issue an emergency preliminary injunction for this one, I should know sometime soon if that request has been approved.

BEARS-United v. Elections Council.doc
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