Complaints may prevent winners from taking office

By Kimberly Bufkin, Forty-Niner Online
March 27, 1995

Eighteen violation complaint petitions have been filed with the Associated Students election committee against various A.S. candidates and the A.S. election commissioner.

The complaints will be heard today at 2 p.m. in an open election committee meeting to decide on the validity of the complaints. Those petitions that the committee feel are substantial will then be passed on to the A.S. Judiciary, said Linda Sherwood, A.S. government secretary.

The content of most of the petitions deal with election campaign violations. However, the petitions filed against Kristine Clemens, A.S. election commissioner, were due to conflict of interest.

Three petitioners filed complaints against Clemens because her boyfriend was a candidate, although none of the petitions stated which candidate was her boyfriend.

Other complaints were filed against candidates Steven Negley, Michael Barrett, Michael Gallagher, Jesus Martinez, Fatima Casteneda, Frank Aviles and Naomi Rodriguez, along with staff members for Fatima Castenada and Carl Kemp.

Complaints were also filed against La Raza, Black Student Union, Carl Kemp and the Philipino American Coalition.

Besides having complaints filed against them, Barrett, Clemens and Gallagher filed their own complaints. Gallagher filed five of the 18 petitions.

The following information was taken from petitions posted in the A.S. office:

- Filed by Nicole Hodge against Steven Negley. On Tuesday, he had campaign workers (she assumes) passing out fliers. The workers would not give her one. She was ignored as she stood and watched them pass out fliers to others.

- Filed by Nicole Hodge against Michael Barrett. He had a person not registered as a pole worker passing out fliers.

- Filed by Renee Flemings against Kristine Clemens, elections committee commissioner. The alleged violation: an inability to perform her duties and her position with fairness and impartiality. Conflict of interest with her boyfriend being a candidate.

- Filed by Michelle Shaw against Kristine Clemens. Shaw said Clemens has a conflict of interest because her boyfriend is a candidate, and she has not been following the election packets. Clemens role is very unclear.

- Filed by Natasha Harris against Kristine Clemens. The description of the charge was a conflict of interest and also allowing specific candidate workers to count votes. Harris is asking for a commissioner recall.

- Filed by Nicole Dukes against Michael Gallagher. A few weeks ago, Michael came up to some friends in The Nugget to solicit votes before he was officially running and attended the candidates meeting.

- Filed by Michael Gallagher against Jesus Martinez. Gallagher alleges that on Tuesday, Martinez violated Chapter IV, section A, subsection 2; Chapter IV, section D, subsection 1, paragraph b; and Chapter IV, section F, subsection 2. Martinez handed out endorsement fliers without proper endorsement firms being filed by the groups of said endorsements to the elections commissioner, which Gallagher feels is grounds for dismissal- Chapter VI, section C, subsections 3 and 4.

- Filed by Nicole Hodge against Steven Negley. Negley campaign workers passed out fliers on the second floor of the University Student Union.

- Filed by Nicole Dukes against Steven Negley. Passed out fliers in The Outpost patio on Wednesday.

- Filed Michael Gallagher against a campaign worker for Carl Kemp. Alleging a violation of Chapter IV, section C, subsection 6, by handing out a handbill in front of The Nugget polling stations, Gallagher feels is grounds for dismissal.

- Filed by Michael Barrett against Fatima Casteneda's campaign workers. Passing out handbills too close to the University Bookstore on both Tuesday and Wednesday.

- Filed by Michael Gallagher against La Raza, Black Student Union, Philipino American Coalition, Carl Kemp, Fatima Casteneda, Frank Aviles, Naomi Rodriguez, Nicole Drake, Ian Coleman, Sheba Gibson. Gallagher witnessed a Latino gentleman handing out a flier to students as they walked by. The location was by the stairs between The Nugget and the Bell Tower. He asked the gentleman for one of the fliers he said, "They are only for my friends." Gallagher told him, "I wanted one as a student," he said, "No." He then said, "Do you have a problem with that?" and I walked away.

- Filed by Kristine Clemens against La Raza, BSU, Philipino American Coalition, Fatima Casteneda and Jesus Martinez. Jesus and Fatima passed out illegal forms. Fatima and Jesus were not on campaign workers form. Public endorsements were not filed for the candidates.

- Filed by Kristine Clemens against La Raza, BSU, Philipino American Coalition, Jesus and Fatima. Handing out illegal fliers. See handbook page 11, section I, number 2 and Candidates Handbook page 8, section C.

- Michael Barrett against Fatima Casteneda. Alleges violations of rules in Candidates Handbook on posting regulations and sizes. Casteneda was continually putting up oversized (posters), about 32 x 36 inches, that were taken out of a display case in the Student Union Plaza to achieve a greater amount of publicity. Barrett is calling for a disqualification for breaking rules that she was aware of.

- Filed by Michael Gallagher against Carl Kemp. Campaigning in front of The Nugget polling station right behind people as they voted during Monday's elections.

- Filed by Michael Gallagher against a staff member of Carl Kemp. The gentleman was handing out a flier right in front of the polling location at The Nugget. Gallagher asked for a flier and he refused and walked away. He had a Carl Kemp sticker on his shirt. Therefore, Gallagher concluded he was handing out fliers for said candidate.

- Filed by Michael Barrett against Fatima Casteneda, La Raza, BSU, Philipino American Coalition. Fliers being passed out, when no official endorsement has been made by the group, to certain individuals on the list, Tuesday at the Student Union and by The Nugget. If candidates aren't endorsed, they can't pass out fliers with endorsements.


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