University of Missouri

47-16: A Resolution Recommending the BEC to Release the Election Results as Prescribed by the Bylaws Regardless of the Student Court’s Decision

PURPOSE: To recommend that the BEC and all other branches of MSA take every necessary step to ensure the election results are released and the students hear that their vote was counted.

WHEREAS, the BEC was forced to withhold the election results by the Student Court pending cases against a slate, and

WHEREAS, Chapter V Section 5.05 (A) and Chapter V Section 5.09 (F) (1) of the MSA Bylaws states that all election results are the responsibility and shall be certified by the BEC

5.05 (A) AUTHORITY—The Board of Election Commissioners shall certify the results of all elections and issue appropriate Writs of Election.

5.09 RESPONSIBILITIES—

(F) THE BEC AS A WHOLE—

(1) Certify the results of general elections.

WHEREAS, two years ago the BEC, not the Student Court, withheld the election results pending a court case, and

WHEREAS, nowhere in the by-laws does it state that the Student Court has the authority to force the BEC to delay the election results, and

WHEREAS, the BEC’s power in conducting elections is not given by any individual branch, as the head of each branch appoints the three executive members, and

WHEREAS, it states in Chapter V Section 5.09 (F) (8) that

(8) The BEC has all responsibilities in regard to carrying out all elections not specified in bylaw to any other individual or body, and

WHEREAS, the results should be published regardless of cases against slates that would result in a slate being removed, and

WHEREAS, it is in the right of the BEC chair to be able to represent the BEC and published the results without Student Courts approval as per Chapter V Section 5.09 (B) (5)

5.09 RESPONSIBILITIES—

(B) THE BEC CHAIR—

(5) It shall be the responsibility of the BEC Chair to represent the BEC to the campus media, or of delegating this responsibility to any member of the BEC, and

WHEREAS, the Writ of Injunction put forth by the Student Court that is attached holds no merit as the injunction does not prevent any violation as they say that they are holding the results on violations that have already happened, and

WHEREAS, the students voice deserves to be heard and should be published and not manipulated for the advantage of others, and

WHEREAS, Chapter V Section 5.30 (B) (2) states that the elections results must be certified to the speaker no later than the 3rd day classes are in session after a break B) CERTIFICATION(1) The slate of candidates which receives the largest number of votes among the slates of candidates who have not been disqualified shall be elected provided that slate received at least 35 percent of all votes.(2) A majority of the BEC, which majority must be composed of the three members of the BEC Executive Board and at least one other member, shall certify the result of all elections to the Speaker of the Senate no earlier than 12:00pm, two days after the date of the election, and no later than 5:00pm, eight days after the date of the election. If classes are not in session on this date, the third day classes are in session after the latter date shall be the certification deadline.

THEREFORE, Be it resolved by the Missouri Students Association Senate strongly encourages the BEC to release the result of the MSA Presidential and Vice-Presidential Election because we believe the Student Court does not have the power to withhold the results, and

THEREFORE, Be it resolved that the Missouri Students Association Senate believes that regardless of the Student Courts decision, the by-laws reflect that the election results are the BEC’s responsibility and should be published and announced when they happen and then certified before any candidate is to take office.

Respectfully submitted,

Corey Gibson Ian Krause
MSA Operation Chair MSA Senator