Elections Commission disqualifies Fagundes

Two-thirds vote of senate or decision by Welty will decide fate of AS presidency

By Laban Pelz

A landslide victory for AS presidential candidate Molly Fagundes may not translate into time in office after the AS Election Commission found her guilty of “major” campaign violations.

The Thursday night decision came after a week of finger-pointing and allegations of voting malpractice.

Elections Commissioner Raylon Madan and another member of the commission said they witnessed students turned away from voting booths during the April 21 and 22 elections.

“ There are definitely certain things that shouldn’t have happened,” Madan said.

Other students also reported similar occurrences. In a letter to the Student Senate, student Myrna Reyes explained how she and other students were turned away from voting by the people operating the polls. According to the letter, students’ identification cards were either swiped incorrectly, or were swiped correctly but didn’t process.

“ You never know how many of the 20,000 (students) came out to vote and didn’t,” Madan said.

Thursday, Madan put his seal of approval on the count of the election results, which indicated Fagundes won the presidency and Jennifer Reimer won for vice president of finance.

The results were determined by a hand count April 22 after the previous night’s tallying process broke down when the commission’s scantron-counting machine malfunctioned.

Madan was not present at the April 22 count, and was initially reluctant to approve the results because he said not enough commission members were present.

“ I don’t approve of this. It’s not right,” Madan said.

“ There is no way it (an absence of a majority of the commission) could have affected the count,” said Jennifer Belli, the only commission member present for the second count. “There is no need for a recount.”

Though Madan ultimately agreed and approved the election’s outcome, the commission had one more matter to look into before its job was finished.

In the process of campaigning, candidates must follow the rules of the AS Election Code. The commission held a hearing Thursday to allow candidates to lodge complaints of campaign violations against each other.

Presidential candidates Fagundes and Michael Karbassi both accused each other of violating the code, while candidates for vice president of finance Reimer and Chris Rusca claimed the other did not follow the rules. Rusca also confronted Fagundes with charges.

Rusca said Fagundes, or her supporters, placed multiple campaign posters on individual campus bulletin boards, and posted fliers on restricted boards, both of which are code violations.

Rusca also said he was upset with an April 19 e-mail from current AS President Neil Gibson to his personal Listserv endorsing Fagundes and Reimer for their respective positions. He claimed Gibson’s use of his title, “President of AS,” in the letter constituted a violation of the section in the code outlawing use of the AS logo.

“ Neil knows the Bylaws and Election Code better than anyone,” Rusca said.

Rusca said the alleged violation by Gibson was willful and intentional, an infraction the code calls “major,” noting Gibson addressed the e-mail to the AS Listserv, but took Rusca’s address off the list.

Rusca said Fagundes’ supporters wore “Molly for President” T-shirts on election day and in University Courtyard’s dining hall, both of which are code violations.

In response, Fagundes said Rusca had no pictures of the alleged double-posting, and said she had received permission to post on the restricted board.

“ I know the rules of the Election Code,” she said.

Fagundes said Gibson’s use of his title in the letter was not a violation of the code.

“ That’s a title,” she said, “not a logo, and it’s not a violation.”

Fagundes conceded people may have been wearing pro-Fagundes clothing on university housing property, but said she was unaware of any occurrences, as she “did not have contact with these people Wednesday and Thursday.”

She said she had faith in her supporters.

“ These people know the rules,” she said.

Fagundes also commented on what she thought was infringement on the rights of students living in University Courtyard.

“ It’s their home,” she said. “I can’t tell them what to wear.”

Karbassi stressed that the code says there is to be “no campaigning of any kind in University Courtyard.”

Fagundes lives on-campus; Karbassi and third presidential candidate Frank Puccio do not.

“ That’s 2,500 students Mr. Puccio and I didn’t have the opportunity to reach,” he said.

Karbassi also showed the commission a picture depicting what he said was a restricted bulletin board, with the AS logo on it, on which a Fagundes campaign flier was posted.

“ You may have the permission from some person (to post), but it is not that person’s responsibility to follow the Election Code; it’s yours,” Karbassi said to Fagundes.

Lastly, Karbassi took exception to remarks Fagundes made to The Collegian in early April. Karbassi had spoken of what he said was his experience on the AS Finance Committee in 2001, which Fagundes questioned.

“ Her comments beg the question ‘Am I a liar?’” Karbassi said. “It was not becoming of a candidate.”

Fagundes told the election commission Thursday Karbassi didn’t attend meetings in 2001. She defended her comments a month ago as an espousal of her opinion.

“ That’s free speech,” she said. “I don’t know how I could get a violation for it.”

She also said Karbassi was told he could put up a poster on the same board hers was on, but thst he didn’t so he could file a complaint later.

“Why did he not put up a poster?” she asked. “Who doesn’t want to put up a poster?”

Fagundes produced several photos showing what she said were posting violations by Karbassi.

Karbassi admitted the majority of the pictures did show he violated the code.

“ I am not one who will back away from assuming responsibility,” he said.

Reimer and Rusca also made allegations against each other dealing with posting infractions.

After convening Thursday, the commission, along with University President Welty’s designee Conan Campbell, found that Reimer and Karbassi each had less than three minor violations. Rusca, they concluded, violated nothing in the code.

The election commission determined Fagundes committed major campaign violations. In a unanimous decision, Madan said the commission established Fagundes violated section 9.2.1 of the code, which provides for disqualification of any candidate for “willful and intentional violation” of the code.

“ We have disqualified her from candidacy,” Madan said.

Senatorial candidate Raj Badhesha was among those displeased with the commission’s decision.

“ It’s preposterous that four people can outvote 800,” he said, referring to the number of students in the commission and the number who voted for Fagundes.

The commission’s resolution to disqualify Fagundes may be vetoed by a two-thirds majority vote in the AS Senate, and Welty will decide whether to uphold any commission decision.