2013-400-03 Jm in Re Senate Extension
Transcript of 2013-400-03 Jm in Re Senate Extension
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Associated Student Government
2013-400-03
JUDICIAL MEMORANDUM
TO: The Honorable Student Body of the University of Arkansas,
Fayetteville
FROM: Debre W. Allen, Chief Justice
RE: Extension of Time for Senate Elections Applications and
One (1) Additional Orientation
DATE: 18 February 2013
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 Democraticsociety 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
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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 ASGJ’s 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
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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 thisdecision 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.