Fagundes is AS president; Oliaro overturns commission ruling

Dean of students cites lack of evidence in Fagundes' alleged campaign violations

By Laban Pelz

Citing failure to follow procedure and a lack of evidence, Fresno State Dean of Students Paul Oliaro overturned the AS Election Commission’s disqualification of presidential candidate Molly Fagundes Thursday.

Fagundes and other candidates for AS office were officially inaugurated later Thursday, a week after the commission approved a hand count of the election results. Fagundes will serve as president in 2005, and Jennifer Reimer will hold the office of vice president of finance.

The commission found on April 29 that Fagundes, along with two other candidates for executive office, had violated sections of the Election Code. The commission said that Fagundes’ violations were “willful and intentional,” a violation itself considered by the code as major, and disqualified her.

In a memo to Election Commissioner Raylon Madan, Oliaro said there is no evidence supporting the allegation against Fagundes that her supporters wore “Molly for President” T-shirts in University Courtyard’s dining hall. The code outlaws any campaigning on University Courtyard property.

“ There was no evidence presented regarding the specific date and time of the alleged violation nor who was wearing the T-shirt,” Oliaro wrote.

Along with the deficiency of evidence supporting any violations, which Fagundes did not use in her defense during April 29 campaign violation hearings, Oliaro indicated a procedural violation had occurred in the filing of charges against Fagundes.

According to the code, protests must be filed no later than two days after the alleged violation occurred. Oliaro determined April 20, the day before elections began, was the last possible day a violation could have taken place.

Karbassi’s allegations were received April 24, the memo said.

“ The Election Code does not grant the Commission discretion to extend beyond the filing deadline,” Oliaro wrote.

The commission’s April 23 ballot count showed Fagundes won more than 800 votes, while her opponents, Michael Karbassi and Frank Puccio, each had more than 400. After the commission disqualified Fagundes April 29, many in AS said they believed a small group of people had acted against the will of the students.

“ It’s preposterous that four people can outvote 400,” said Raj Badhesha, who was inaugurated as a senator Thursday, April 29.

“ Any decision to overturn the will of the student voters must be taken seriously, and comply with the strict guidelines established by the Election Code,” Oliaro wrote.

Fagundes said she was glad the conflict is finally over, and looks forward to serving as president next year.

“ It’s great to know it’s finally over, and this is the group I’ll be working with next year,” she said, indicating the newly-inaugurated senators surrounding her.