ASUA VP, student object to activity fee election process

The legitimacy of the special election for the $30 per year student activity fee came under fire yesterday from an elected ASUA official and a student who said he plans to appeal the election.

Student leaders are divided over whether the special election for the fee should adhere to the same rules that governed last month's Associated Students of the University of Arizona general election.

Conrad Hutcheson, a physics and astronomy sophomore, said he plans to appeal the election because the elections commissioner violated the ASUA Elections Code Bylaws.

According to the elections code, the elections commissioner must "devise any appropriate protocol that specifically pertains to Recall, Initiative and Referendum." The ASUA Senate must pass the guidelines, but the code does not indicate whether the rules must be approved before an election takes place.

The senate never approved any special procedures for the election.

Dan Suh, ASUA elections commissioner, said he did not ask the senate to pass guidelines because he believes when the senate approves the election results, they are also approving any procedures used in the election.

Suh said he has no special procedures for this election, but it should "generally adhere to the rules of the election code."

But Melanie Rainer, ASUA executive vice president, said the special election must follow the same guidelines as the elections code because the senate has not approved a separate elections code.

"Special elections operate under the same rules as normal elections," she said.

Rainer also said it "doesn't make sense" for the ASUA Senate to approve any protocols after the elections are over.

If a student files a legitimate complaint against the elections or the Senate does not approve the results, Suh said the election could be nullified.

Sen. Matt Harris, who worked on the fee proposal, said the activity fee referendum does not specifically follow rules stated in the elections code.

"It's not really spelled out for things like that," he said. "Basically, we are trying to be as nonbiased as possible."

Suh said he agreed that it is "weird" that there are not any exact procedures, but the referendum is not a candidate, so the elections are different.

But Hutcheson said the election should be subject to the same rules as candidate elections.

"The fee is equivalent to a candidate and should be subject to the spirit of the rules set down by the elections code," he said.

Hutcheson also said the elections have been biased.

"Campaigning definitely has been slanted in favor of the fee by those running the election," he said.

One of Hutcheson's complaints is that the fliers student leaders have been passing out are inaccurate and give a one-sided perspective of the fee.

Hutcheson said the cost of having four concerts on campus exceeds the amount of funding allocated for concerts.

The survey that fee supporters cite on the fliers is also a concern and does not provide the percentage of error or a link to where the survey can be viewed, Hutcheson said.

In last month's general election, Suh had to approve all campaign materials before they could be distributed to students.

But Suh has not approved any elections material for the fee vote.

"You would think looking over materials should have been a priority for him," Hutcheson said.

Another complaint Hutcheson will be filing is that fee supporters campaigned within 75 feet of a polling station.

Sen. Nick Bajema, who helped plan the fee election, said Monday that fee supporters who were operating polling stations were only encouraging people to vote, and not pushing them in either direction.

But Hutcheson said he considers the fliers campaign materials.

Alistair Chapman, ASUA president-elect, said that the interpretation of the elections code is up to the elections commissioner.

"He can pretty much do whatever he wants to ensure that there is a smooth election," Chapman said.

Suh has bypassed the senate before.

During the ASUA elections, Suh extended the deadline for the candidate packets without the approval of the senate until "after the fact," Sen. Blake Buchanan said.

Buchanan said although Suh was supposed to consult the senate, a clause in the back of the elections code allows him to skip the senate because that is "just a formality."

"One thing about this election is that the senators are running it," Buchanan said. "The senate has the power to say, ÎWe don't think this was a fair election,' but senators don't really care."

Polls are open until 8 p.m. To vote, visit asua.arizona.edu.