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Hearing board declares ASMSU February presidential elections constitutional

April 18, 2014

ASMSU, MSU's undergraduate student government, can yet again breathe a sigh of relief, as the All University Student Hearing Board ruled former President Kiran Samra and the organization was not in violation of the code.

"The democratic process is in place for a reason," Samra said. "It was clear after going through three different boards that there was no violation on ASMSU’s part and that we have been and always will be an honest, reputable organization."

The controversy began in late January, when Samra decided to run for president. Samra was already the ASMSU's chief of staff which required her to be the chair of the Undergraduate Elections Commission.

The commission is the body which handles elections processes, including reviewing candidates' packets.

Former College of Engineering Representative Christopher Baldwin saw Samra's running for president as a violation of the code because he thought she hadn't resigned her position as chair prior to the election cycle.

Baldwin said he was disappointed in the board's decision.

"The rules are the rules and (ASMSU) should still follow them," Baldwin said.

The election cycle at that time was undefined in the code. Baldwin took his concern to the elections commission who met and determined Samra was not in violation by defining the election cycle as 10 days prior to the election. Samra said she had resigned several days before that date. 

Baldwin said Samra allegedly had unfair advantage and access to packets prior to the start of the election cycle if the commission's definition was upheld. He said he appealed the election results of the belief that the election cycle was more than 10 days.

The appeals committee met and upheld the commission's decision, which Baldwin appealed again and brought forward to the All University Student Hearing Board which met on April 3.

Baldwin said the reason he continued to appeal was to set a precedence but does not believe Samra did anything unethical during her candidacy.

"It's still ethically questionable whether (the election cycle was defined) early enough," he said. 

"When she (resigned), there was opportunity for advantage whether it was used or not."

According to official documentation, "(the board) strongly advises ASMSU to address these issues by examining (the) current code closely and clearly defining what constitutes the start of an election cycle."

Baldwin said he has no plans to appeal the decision.

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