By
Kevin Clerici
Arizona Daily Wildcat
D'Angelo says sanctions were unfair, reputation damaged
The ASUA Supreme Court will hear oral arguments tonight from Brandon D'Angelo, stemming from his March 8 disqualification from the administrative vice president race, chief justice Jess Walsh said.
Following the hearing, the justices have 24 hours to announce a decision, with the opinion coming in 10 days, Walsh said.
"The court procedures are structured so this will be resolved fast," said Associated Students president Ben Graff.
D'Angelo, an undeclared sophomore, was disqualified just after midnight March 8 - the final day of general elections - when he failed to comply with election code sanctions placed on him after sending out a mass e-mail to 4,200 students.
Election codes state that campaign e-mails must be addressed to specific individuals, which D'Angelo's e-mail failed to do, elections commissioner Joe Rogers said.
On March 7, D'Angelo was instructed at 3 p.m. to remove all campaign materials by 6 p.m. as penalty for the mass e-mail. Shortly after 11 p.m., Graff received word that one of D'Angelo's banners was still hanging on the Alpha Epsilon Phi sorority house, 1071 N. Mountain Ave.
Tricia Williams, the lone opponent, was named administrative vice president-elect.
D'Angelo had until 1:30 p.m. Monday to turn in his appeal. The justices requested the complete disqualification report from Rogers yesterday.
D'Angelo's case focuses on the sanctions placed against him, which he said he feels contradict the elections code.
The elections code states first and second rule infractions are supposed to receive a written warning only, with the third infraction bringing disciplinary action and/or a $25 fine, Rogers said.
"The e-mails were my first infraction, and they put sanctions on me," D'Angelo said. "Then they disqualified me when I didn't take a banner down. To me, that doesn't sound like a written warning."
"I think they took matters into their own hands," he added. "Which is wrong, and by doing so, they - along with the Wildcat printing a big story about it - tarnished my reputation."
The elections code also states that the election commissioner has the implied power to set any additional rules or sanctions, Rogers said.
Tonight at 7 p.m., each party is granted 15 minutes to present oral arguments, during which the justices can ask questions at any time, said Walsh, a third-year law student. Then the justices have 24 hours to deliberate.
Potentially, a special election could be held later this month or in early April if D'Angelo's appeal is granted, Graff said.
In that scenario, the election would be opened to any current UA student taking seven credit hours and maintaining a 2.0 GPA that could get the 400 signatures needed to run. D'Angelo and Williams would be included automatically.
"We have every intention of inaugurating all three executive positions on May 1, and this will be resolved before then," Graff said.
This is the first formal case to come in front of the supreme court since 1997, and the first formal case in front of the five current justices, who remain justices until they graduate from law school.
Pursuant to the ASUA constitution, the supreme court has jurisdiction over all appropriate concerns over, but not limited to, campus organizations, elections disputes and ASUA government affairs.
