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April 27, 2004

 

Democratic quagmire ensnares ASUAF presidential elections

ASUAF is currently without a presidential winner for next year. This complex situation is the result of electoral complaints from both incumbent Thom Walker and challenger Brandon Maitlen. After considering the complaints, the board decided to hold a new presidential election, scheduled for Wednesday, April 28, and Thursday, April 29. But, with the dissolution of the ASUAF elections board Sunday night, the second election may or may not be held. And through it all, there still is not a determined winner for the president of ASUAF.

Walker's complaint to the ASUAF Elections Board led to a decision to recall the Presidential vote, which Maitlen originally won by 43 votes. This prompted Maitlen to file a counter-complaint against the election board that led to the dissolution of the ASUAF Elections board. A new board, which oversees all ASUAF elections, must be formed through presidential and senatorial appointments, and will rehear Walker's original complaint against Maitlen. The board could deny Walker's complaint, which would give Maitlen the win, or they could vote in favor of Walker's complaint, which would lead to either a new election or Maitlen's disqualification as a candidate.

The problem began Wednesday, April 21, the first day of voting, when the elections board received a complaint from Walker about an event Maitlen was holding in front of the UAF bookstore.

According to Senate Chair and now former elections board member H.B Telling, "Thom (Walker) filed a complaint Thursday morning, before the election was even done." Walker's complaint focused on Maitlen's event, in which free food was given, and music played over a P.A. system. Maitlen occasionally made announcements over the system, encouraging people to vote, but didn't identify himself or ask for votes. Walker claimed in his complaint to the board that the food given out could be considered "bribery," and that the use of the P.A. system could have cast "undue influence" on potential voters. Before an elections board meeting Saturday, Walker alleged that "the motives for running an event on the day of the election are not pure."

Telling said that when Maitlen came to ask permission to hold the event, the board told him to "be very careful" about how he put it on. Telling says that Maitlen did not mention he would "rent a professional d.j, and be making loudspeaker announcements." Maitlen went on to win the election by 43 votes out of approximately 700.

The elections board disagreed with Walker in that the free food on the day of the election was bribery, but agreed in a vote of 2-1 that Brandon Maitlen's use of a P.A system caused "undue influence on the election." The board agreed in a vote of 3-0 that the event could have "altered the outcome of the election." Telling said that Maitlen's voice "was verified to have been heard inside the Wood Center, and possibly the Lola Tilly Commons, and had the potential to cast undue influence on people."

The Board then voted 3-0 to recast the presidential elections.

In a telephone interview, Maitlen defended his actions, saying that he violated neither the traditional spirit of the law, or the guidelines that were given to him by the Elections Board.

"It was never my intention to self promote in any way that would be in direct violation of ASUAF policy," Maitlen said.

He said that it is neither provable nor unprovable "for people to hear my voice, and decide to vote for me instead of Thom Walker."

Maitlen filed a four-page complaint against the elections board to the elections review council, which hears grievances against the elections board. Maitlen alleges in a number of points that the elections board members were "unfit to make their decision because they failed to make their decision in their entirety," and that "the Elections Board failed to notify Presidential Candidate Brandon Maitlen of the charge."  He also said that the elections board had a "reasonable bias towards candidate Thomas Walker," and a that they had a "failure to accurately address the issue and definition of Undue Influence."

All senators, and ASUAF president, who are not on the elections board or up for election are on the council, which has the power to dissolve the elections board. By a vote of 3-2, with one abstention, the council voted to dissolve the current elections board and replace it with a new one, which will in turn hear Walker's original complaint.

The new board's ruling will be final and could determine who becomes president next spring. In Sunday's senate meeting, the senate voted to appoint Sen. Melissa Taakaze and Sen. Amy Rodman to the new elections board. As president, Walker has the power to appoint the other three members of the elections board. In an interesting turn, some senators in Sunday's meeting attempted to modify the existing rules to give the senate the power to make all the appointments to the board, but did not succeed. Walker has given the job of making the appointments to Vice-president Lilly Capell.

 

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