Twenty-four hours after the ASUO Elections Board issued a warning to the Lamar Wise and Amy Jones campaign, the ruling was temporarily postponed.
Kevin Sullivan, whose name appeared on the grievance submitted by ASUO Sen. Ben Rudin, filed a Motion for Stay with the ASUO Constitution Court Thursday evening, arguing that the Elections Board had committed four different procedural violations.
Sullivan argued the Board violated Elections Rule 8.1 (PDF), which states that a person must submit a grievance within 48 hours of the discovery of the violation. He argues the Board did not adhere to the Addendum at the bottom of the Elections Rules, which says, “These rules will go into effect when publicly promulgated. Only grievances on conduct that occurs after that time will be entertained.”
He also notes the Elections Board did not submit the grievance of the opinion to the court nor did it take into consideration Rudin’s suggested sanctions in his grievance.
ASUO Constitution Court Chief Justice Nick Schultz granted the request and issued a judicial order staying the board’s ruling.
“My decision to issue this judicial order shall in no way be indicative of how I intend to rule on Appellants’ petition on appeal,” he wrote.
While he mentioned the stay could be removed by a court majority, he decided to issue the stay because of how serious the accusations are.
“I issue this judicial order out of an abundance of caution and a desire to evaluate this issue with arguments provided by the Appellants, the Appellee and the Elections Board,” he wrote. “But with uncertainty surrounding the procedural validity of the Elections Board’s ruling, I am inclined to err on the side of caution.”
Stays are usually effective for 10 days, but under Elections Rule 8.6 (PDF), “(p)arties involved in the complaint may appeal to the Court within 48 hours of the issue of the decision.” Due to this rule Schultz mentioned that an appeal must be filed against the Election Board’s ruling in this time period otherwise the judicial order will expire.
Posted on March 15, 2013
Originally Posted on Emerald Media via UWIRE
Twenty-four hours after the ASUO Elections Board issued a warning to the Lamar Wise and Amy Jones campaign, the ruling was temporarily postponed.
Kevin Sullivan, whose name appeared on the grievance submitted by ASUO Sen. Ben Rudin, filed a Motion for Stay with the ASUO Constitution Court Thursday evening, arguing that the Elections Board had committed four different procedural violations.
Sullivan argued the Board violated Elections Rule 8.1 (PDF), which states that a person must submit a grievance within 48 hours of the discovery of the violation. He argues the Board did not adhere to the Addendum at the bottom of the Elections Rules, which says, “These rules will go into effect when publicly promulgated. Only grievances on conduct that occurs after that time will be entertained.”
He also notes the Elections Board did not submit the grievance of the opinion to the court nor did it take into consideration Rudin’s suggested sanctions in his grievance.
ASUO Constitution Court Chief Justice Nick Schultz granted the request and issued a judicial order staying the board’s ruling.
“My decision to issue this judicial order shall in no way be indicative of how I intend to rule on Appellants’ petition on appeal,” he wrote.
While he mentioned the stay could be removed by a court majority, he decided to issue the stay because of how serious the accusations are.
“I issue this judicial order out of an abundance of caution and a desire to evaluate this issue with arguments provided by the Appellants, the Appellee and the Elections Board,” he wrote. “But with uncertainty surrounding the procedural validity of the Elections Board’s ruling, I am inclined to err on the side of caution.”
Stays are usually effective for 10 days, but under Elections Rule 8.6 (PDF), “(p)arties involved in the complaint may appeal to the Court within 48 hours of the issue of the decision.” Due to this rule Schultz mentioned that an appeal must be filed against the Election Board’s ruling in this time period otherwise the judicial order will expire.
Read more here: http://dailyemerald.com/2013/03/15/chief-justice-nick-schultz-issues-judicial-stay-on-the-election-boards-recent-ruling/
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