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NewsvineOriginally published on Apr. 18
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The ASSU Undergraduate Senate voted 12-1 tonight against holding a runoff between the two top executive slates of last week's elections, overruling a motion brought to the council by Elections Commissioner Bernard Fraga '08.
Before a packed audience of senators and undergraduate students, Fraga advised the Senate at yesterday's meeting to hold a runoff between executive-elect Avula/Jones and runner-up Brett and Lakshmi. He cited an amendment to the ASSU Constitution, which stipulates that a two-slate runoff must be held if no ticket receives a majority of votes in the election.
Senate leaders, however, were quick to point out that the ASSU bylaws allow the Senate and Graduate Student Council (GSC) to overrule the Elections Commissioner's recommendation with a two-thirds vote.
Senate Chair and ASSU President-elect Hershey Avula '08 and senator and Vice President-elect Mondaire Jones '09 - who won the Apr. 12-13 election by the slimmest of margins, scoring a 38-vote victory over runners-up Brett Hammon '08 and Lakshmi Karra '08 - had resigned from the Senate at the beginning of the meeting to comply with a bylaw that prevents students from holding both senate and executive positions. As a result they could not vote, but all eight of their fellow Students of Color Coalition (SOCC)-endorsed senators voted against a runoff. Senator Danny Arbeiter '08 was the sole dissenter.
In an interview with The Daily, Jones downplayed the elections controversy.
"I feel that the real story tonight was [Israel] divestment," he said [See accompanying article on the failure of the initiative]. "The issue discussed tonight was really just a technicality. Even Brett and Lakshmi agree with the decision that both bodies came to."
Fraga said he felt compelled to call for a runoff as stipulated by the Constitution.
"A literal definition of the wording states that a majority of votes in the election must vote 'yes' or rank [the winning slate] in the situation of an instant runoff between the Executive slates," Fraga said. "The obligation is to hold a runoff [within 14 days] because that threshold was not met."
Senate members vigorously debated whether or not to overrule Fraga's suggestion after he told them about the runoff.
Some senators said they worried that voter turnout, especially among graduate students, would be lower in a second election. Avula/Jones received strong support from the graduate population in the first election.
"Grad student turnout would be atrocious were they to have another election," Jones said. "This is a time for mending, not for increased polarization."
Hammon, who attended the meeting, said he played no role in bringing the idea of a runoff to the table. He said a former member of the Constitutional Council contacted him and Fraga.
"I respect the judgment of the Senate and the GSC," he said. "This is a very rare case in terms of a lot of people abstaining. Let the bodies do their job.
"If there is a runoff, I would like to run. And if there's not a runoff, then I will be happy to devote my energy to another worthy cause."
While most of the Undergraduate Senate agreed with the election results, Arbeiter said he thought the Senate had overstepped its powers.
"It comes down to a matter of interpretation of the governing documents," Arbeiter said. "Bernard absolutely did the right thing in deciding to hold a runoff election. The letter of Constitutional law says that is what he is supposed to do. I think it's ambiguous as to whether the Undergraduate Senate in this case has the prerogative to overrule that decision."