Вы находитесь на странице: 1из 2



Name: Ben Bowman Student ID: Date Filed: 3/21/2014 Phone: E-mail: Address:

YOUR BRIEF SHOULD INCLUDE THE FOLLOWING INFORMATION (pursuant to Constitution Court rule 5.2) Name of person(s) against whom this complaint is filed: N/A The question presented for review: Should a member of the Constitution Court issue an immediate stay or injunction on the Elections Board decision to remove Ben Bowman from the ballot until conclusion of the appeals process? The specific constitutional provision, rule, policy, or resolution relevant to the controversy. Please cite not only the section, but the language of the provision, rule, policy, or resolution verbatim: 10. STAYS, INJUNCTIONS, AND ORDERS 10.1 Any member of the Court may stay the enforcement of any order of a Hearings Officer issued pursuant to Article 11 4, pending review by the Court. 10.2 Upon request by any member of the ASUO, a Justice may enjoin the enforcement of any rule, policy, or resolution of any ASUO program or group, pending review by the Court. 10.3 A party requesting an injunction or stay shall submit either a petition for review under Rule 5, or a statement of intent to file such a petition within seven (7) days of the request. 10.4 The Chief Justice shall convene the Court within four (4) days of the issuance of a stay or injunction and determine whether to consider the matter.

10.5 Any stay or injunction is effective for a period of ten (10) days unless a majority of the Court votes to grant an extension while the matter is under review of the Court. 10.5.1 Should a majority of the members of the Court determine that a stay or injunction is appropriate upon receipt of a petition for review, the stay or injunction may be affirmed and made to permanently enjoin enforcement of the rule, policy, resolution or order. 10.5.2 Any stay or injunction may be removed by a vote of the majority of the Court. 10.6 A stay or injunction must be delivered in writing or electronically, dated by the issuing member, and which states the reasons for the stay or injunction. A copy of the stay or injunction shall be delivered to the other members of the Court, to the requesting party, and to an officer or representative of the ASUO program or group to whom the stay or injunction is directed. A brief statement of facts giving rise to the complaint. Please be specific and complete, but concise: Rather than a complaint, this is a request for a stay. Basically, the Elections Board has determined that I be removed from the ballot. We believe that the decision making process used by the board was biased and unfairly adjuticated. Additionally, and perhaps more importantly, their decision contains numerous outright lies, misquotations, and factual inaccuries to justify their decision. We are appealing the decision to the ASUO Constitution Court and want to complete the full process before sanctions are leveled against us, as is standard for legal proceedings. However, the Elections Board is requesting a name to fill my slot on the ballot, even though this decision is being appealed and is not final. Because the Elections Board received an extension for their decision beyond the 48 hours prescribed in the Elections Rules, an undue burden has been placed on our campaign that must be accomodated by a stay. The remedy requested--what you want the Constitution Court to do: We request an immediate stay of the Elections Board decision so we may pursue our right to an appeal process. Should a stay not be granted, it would irreprablably harm our campaign and affect the outcome of the election from president down the slate. The remedy proposed by the Elections Board is faulty and illogical. Signature gathering for vice presidedntial candidates were endorsements by students for that specific position with a lower threshold than that of the president. Allowing a vice president to move up renders the entire signature gathering process useless. Additionally, there is no rational justification for exclusively punishing the presidential candidate and not the entire slate and/or executive ticket for the actions of a campaign volunteer. Any exigent circumstances that require the Constitution Court to hear this complaint with dispatch: Yes. The Elections Board is requesting a candidate be selected from my vice presidents to fill the slot of president by Monday - this time frame prohibits me from having a full, unbiased appeal process, as laid out in the GTN. Because of this, we believe a stay should be issued immediately so the appeal process is allowed to continue without sanctions being prematurely assigned.