Date Introduced:  Friday, October 3, 2008
Date Decided: Tuesday, October 7, 2008

Summary of Issue:
Elections were conducted Monday, September 29 until Thursday, October 2.  Each candidate running for office submitted an application acknowledging all election rules, which the Board reminded all candidates of on several occasions.  The Board of Elections held an emergency meeting on Friday, October 3 with only three members present, President Atkins, Justice Lemoine, and Advisor McGinn Paolo.  Based on the number of voters, each candidate needed to secure 156 votes.  Only 6 of the 15 candidates for University Senate attained this.  President Atkins and Advisor McGinn Paolo believed that despite AB§5-1.10 requiring a plurality of at least 35% for election, the top 12 should be announced.  Justice Lemoine dissented.  President Atkins stated he’d appoint the remaining six who ran for the vacancies anyways, so to prevent embarrassment, he would announce all 12.

Decision:
The Association Bylaws clearly indicate the voting requirements for offices where there is more than one position being elected to it.  AB§5-1.10 states, “Candidates seeking an office [for any race which there is more than one position available] shall need a plurality of at least 35% for election.” No one individual, nor the Board of Elections can deviate from the election rules which were defined by the University Senate.

The announcement of winners beyond the initial 6 was illegal, and accordingly it remains a continuing breach of the bylaws (RONR p. 244 l. 10-11).  Failure of the Senate to ratify this by correctly electing these remaining 6 members may jeopardize their service in the University Senate.  The Senate may, as a main motion, elect the six members the President incorrectly announced as winning.  Only the Spring Class and properly elected Fall Class of Senators may vote in this election, and until this election is held, none of the improperly announced members can be classified as University Senators.

Order:
It is hereby ordered by the Providence Campus Student Government Association as follows:
I.    President Jason L. Atkins is hereby censured for knowingly violating the bylaws relating to election rules;
II.    Advisor Tanya McGinn Paolo is hereby censured for knowingly violating the bylaws relating to election rules;
III.    The University Senate is given a copy of this Order so a proper resolution to this matter can be made;

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