ICU looks like it could rapidly be entering yet another election farce after doubts have surfaced about the legitimacy of the recent by-elections in Council that, if upheld, could invalidate both the ordinary member and student trustee by-elections. The problem was seen after last night's highly dubious election for a new student member of the trustee board, the recently inaugurated sovereign and governing body of the Union, as a result of a candidate being RONned in the recent cross-campus elections.
It appears that there were a number of failings in both elections, the most fundamental of which being that Council did not have the authority to hold the elections at all. Elections regulations clearly state that "elections for the Student Trustees and ordinary members on the Council shall be by College-wide secret ballot by and from the Full Membership" with no provision being made for election at a Council by-election (although other positions may be elected in this way). Publicity for these elections was limited with the main publicity amounting to a placeholder in the agenda for the meeting but at least this was publicity of some degree.
The trustee election was even more dubious as there was a complete lack of publicity for the election, with election regulations requiring all elections to be publicised one week in advance of the election. This requirement is in place to prevent a secret election being held, something that could easily be alleged in this case as the by-election was not even on the agenda for the meeting. With no publicity for the election and only one candidate, questions must be asked as to the democratic validity and constitutional acceptability of this election.
With the candidate defeated in a cross-campus ballot presumably not being informed of this election like everyone else, it should be questioned how the sole candidate was aware that the by-election was being held and how and by whom this candidate was selected for election. Having only one candidate in a secret election for such an important position is especially concerning as electoral regulations allow for a sole candidate (apart from New Election) to be summarily elected to the position provided no elector dissents, as happened last night albeit after some discussion as one councillor appeared to initially dissent but eventually did not object to the candidate being summarily elected.
With today being the last day for an appeal to be lodged against the Council by-elections it is unlikely that the result of these elections will be overturned even if they would be found to have been unconstitutional however the result of the trustee election will be doubtful for the next three weeks until time runs out for an appeal to be made. Rumours of an appeal against these elections being prepared have so far not been confirmed.
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