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Election Results in Doubt?

Dec 11 2007 16:58
Francis
Recent elections held at Council may have been invalid, as the summer rewrite of the constitution removed the ability for Council to hold by-elections.
Elections Regulations: where are the by-elections?

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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Discussion about “Election Results in Doubt?”

The comments below are unmoderated submissions by Live! readers. The Editor accepts no liability for their content, nor for any offence caused by them. Any complaints should be directed to the Editor.
Dec 11 2007 18:55
 

Interesting.

2. Chris   
Dec 11 2007 20:36
 

Is this similar to the re-write of the Financial Regulations which screwed up the levels of authority? Greatttt

3. Chris   
Dec 11 2007 21:00
 

Maybe you should re-read the Constitution...point 28 of the Elections Policy you quoted in the article:

"Elections for all non-sabbatical Union Officers except for officers of the Faculty Unions and Chairs of the Club and Society Committees shall be by and from the Full Membership at Council or by College-wide secret ballot as may be prescribed."

Surely that means Council was more than entitled to elect the student trustees as they are non-Sabbatical posts...

Dec 11 2007 21:06
 

Or even point 26...

Dec 11 2007 23:43
 

Although tragically undemocratic, it is also an "election" to the Interim trustee board, and therefore not clearly defined in the constitution.

Also, surely an undemocratic student presence on the Interim Trustee Board is better than no student presence on the board (apart from the one person who was democratically elected).

6. Ant   
Dec 11 2007 23:47
 

Chris, Point 26 refers to union officers; Student trustees and ordinary members can not be classed as this. From a purely common sense point of view if ordinary members of council are seen as union officers then surely it defeats the reasons behind their existence.

I'll let you finish reading the constitution properly and reach Regulation 3, section A "Officers of the union" , which supports my point.

Dec 12 2007 00:10
 

Chris, please continue to read the regulation, the election of Student Trustees is prescribed later in the regulation as cross-campus secret ballot and not election by the Council.

The point you stated means that positions not prescribed in the regulation may be elected by Council, as Student Trustees are prescribed in the regulation as having to be elected in a certain way (which does not include a by-election), Council cannot elect them in a by-election.

Ant is right in this case.

Anunymus, the interim trustee board is defined in the constitution and elections to it are required to be held in the same manner as those to the full trustee board. There are also the appointed student members not only the elected ones.

8. Seb   
Dec 12 2007 01:07
 

Just to repeat what has been said:

"Elections for all non-sabbatical Union Officers except for officers of the Faculty Unions and Chairs of the Club and Society Committees shall be by and from the Full Membership at Council or by College-wide secret ballot as may be prescribed."

1. "Or... as may be prescribed." The procedure for electing trustee is prescribed.

2. A trustee is *NOT* an officer of the union (see constitution definition of officers of the union).

3. So important I'll raise it again: Point 26 does not have hierarchy over point 30.

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