Associated Student Government

2013-400-03

JUDICIAL MEMORANDUM
TO: FROM: RE: The Honorable Student Body of the University of Arkansas, Fayetteville Debre W. Allen, Chief Justice Extension of Time for Senate Elections Applications and One (1) Additional Orientation 18 February 2013

DATE:

The Constitution of the Associated Student Government charges the ASGJ to act in a fair and impartial manner in regard to any matter that is considered, and to conduct Senate Seat and Executive Officer Elections. The key term is fair. The meaning of this specific terminology clearly communicates that the Constitution and its Framers intended to create a Democratic society to provide the students with a Government of their choosing. The Associated Student Government Constitution is modeled off the Constitution of the United States, which creates a modern-day Democracy. The intention of the Constitution, its Code and, in this instance, the Elections Calendar, is thus clearly to create circumstances where Democracy and Democratic Government can flourish, and the students can choose the best Government to serve and represent them. Democracy, in order for it to be legitimate and genuine, requires certain important characteristics of a Government and a Society, including Due Process, equality of political and civil rights of constituents, and the ability of opposition groups to form and legitimately compete in electoral politics. More importantly, and more applicably in the current circumstances, a Democracy must have free and fair elections for its Officials and an independent judiciary protecting the people. At the present time, the ASGJ shall, as the independent arbiter, act in the best interest of the

Student Body to ensure the free and fair election of Senators for the 2013-2014 Academic Year. A fundamental aspect of Democratic elections is the potentiality of choice. Without the potentiality of choice, the elections are a mockery of the Democratic process which the Constitution clearly mandates. The Election Guidelines clearly creates a process, if completed successfully, by which candidates get their names on the ballot, and thus, in a sense, create a survival of the fittest situation, disqualifying the uncommitted or incompetent candidates. However, the ASGJ strongly believes that in order for the Student Body to get the Government it deserves and the potentiality to choose their representatives, according to the well-established processes, at the start of the elections timeline, there should be multiple candidates for each position. This being the first time a combined Senate/Executive Elections Process has occurred, and in the present situation, there are a number of Senate positions that are integral to the functioning of the Associated Student Government for which none or only one candidate filed his or her Application before the publicized deadline. ASGJ finds this situation, caused by circumstances outside ASGJs control, inadequate. The ASGJ, as authorized by the ASG Constitution and Code has jurisdiction over elections and to set the date for all elections; this unalienable power is inclusive of the declared candidates and, as in this situation, the lack thereof. As such, the ASGJ, acting in the best interest of the Student Body, and with no desire to set a precedent, has voted to extend the deadline for Senate Elections candidacy and provide one (1) additional Senate Orientation meeting as required to establish candidacy by the Elections Guidelines, in this singular election cycle, until Thursday, February 21, 2013 at 4pm. All members of the Associated Student body shall be eligible to file and declare their intent to run for office. Similarly, ASGJ has agreed to amend the timeline only in regard to the following: Thursday February 21, 2013 at 4pm Senate Applications due Thursday February 21, 2013 at 7pm Senate Orientation Session

Additionally, ASGJ has decided that the Senate Applications already submitted shall be acknowledged. All candidates, regardless of if they submitted applications before the extended deadline or the original one, shall be subject to the aforementioned and delineated elections timeline. If the concern is not alleviated at the new deadline, the ASGJ will determine that the Student Body has declared that it does not want another candidate and is thus satisfied with those who filed. Such an extension shall not be granted again within this election cycle. ASGJ charges the ASG Secretary or an appropriate designee to work with OSA with purchasing, through use of ASGJ funds, adequate and immediate advertising in the Traveler and/or causing the announcement the new Elections Timeline and of this decision to be posted on approved media, to ensure that the Student Body is provided the opportunity to participate in a free, fair, and Democratic election.