ASSU Elections Commissioner sues senator-elect in “probably landmark case”

The ASSU Constitutional Council voted unanimously to listen to Elections Commissioner v. Chen in a gathering on Tuesday evening. The listening to of the swimsuit in opposition to the just lately elected ASSU senator might be held on Could 1 at 5 p.m.

Ivy Chen ’26 was one in all fifteen college students elected to the twenty fifth Undergraduate Senate (UGS). She acquired the best variety of votes of all candidates with a complete of 1096, 326 greater than the next candidate.

On April 18, ASSU Election Commissioner Whit Froehlich J.D. ’24 submitted a petitioner’s criticism in opposition to Chen to the Chair of the Constitutional Council of the ASSU. The criticism listed two violations of The Joint Bylaws of the ASSU, which have been final up to date in 2014.

The primary violation associated to Chen’s late submission of her marketing campaign expenditures. All candidates have been required to file their receipts documenting marketing campaign expenditures by 11:59 p.m. on April 16 by a Google Kind despatched by Froehlich. Chen submitted her receipts at 12:25 a.m. on April 17, 26 minutes after the deadline.

Chen mentioned that she had no malicious intent or motivation behind submitting late. “I had all my receipts and all the data loaded onto the Google Kind however then the WiFi didn’t work on my laptop. It was all out of my management,” Chen mentioned.

Chen mentioned that she moved from her dorm, Florence Moore Corridor, to Previous Union to connect with higher WiFi. She mentioned she was capable of finding a steady community connection at The Axe & Palm the place she submitted the Google Kind late.

The second criticism alleged Chen’s violation of the $100 spending restrict on marketing campaign expenditures — Chen documented spending $122.75 on supplies comparable to flyers and tape.

Chen mentioned that the $100 restrict was solely talked about in an elective candidate orientation held on March 25 and was not communicated in any of Froehlich’s emails to the candidates. “All he mentioned was there was a $100 marketing campaign restrict… the best way I interpreted it was that I may spend as much as $100 and get reimbursed $100. The rest past that I believed I may cowl with my very own cash.”

Froelich wrote in his criticism that the timeline for submission and marketing campaign expenditure limits “have been communicated to candidates on the ASSU web site in addition to on the Candidate Orientation held on March twenty fifth, 2023, and made obtainable as a recording for later viewing.”

In accordance with Froelich’s criticism, the function of the Elections Commissioner entails duties comparable to conducting the elections, sustaining the elections schedule, speaking with candidates and the scholar physique, working elections infrastructure, and tabulating outcomes. The criticism continues that Froelich “is implicitly tasked with detecting violation of marketing campaign guidelines.”

Froehlich’s petitioner’s criticism features a screenshot of Chen’s responses to the marketing campaign expenditures type. (Screenshot: MARK ALLEN CU/STANFORD DAILY)

Performing Govt Director of the Stanford Constitutional Regulation Heart Rebecca Talbott ’02, in her private capability, advised The Every day that she hopes the dispute over Chen’s “minor” violations might be resolved in “a extra understanding and fewer intimidating method.”

Talbott mentioned that she believes Chen finds the scenario “overwhelming, unfair and breathtakingly disproportionate” as she believes Chen, a school frosh with no authorized coaching, is being compelled to “weigh in on extremely legalistic questions that she would don’t know how to reply to.”

“My fear is that this expertise will show scary, intimidating, alienating, and spirit-crushing to her, and threat without end dampening the optimistic, school-spirited, and public-focused power that prompted her to be a candidate for pupil senate within the first place,” Talbott mentioned.

On April 3, Chen despatched her authentic proposed finances of $640 to Froehlich. In accordance with screenshots included in her response to the criticism, Froehlich didn’t right or touch upon her finances. “I shouldn’t be held to a rule by somebody who, when given the precise alternative to right my misunderstanding, mentioned nothing,” Chen wrote in her response.

In Froehlich’s criticism to the Constitutional Council, he wrote that Chen agreed to abide by the ASSU Structure, Affiliation By-Legal guidelines, and Election Code when she initiated her petition for candidacy. The marketing campaign expenditure due date and $100 restrict are included inside these insurance policies that Chen agreed to.

Chen despatched her authentic proposed finances, which was $540 over the restrict, on April 3. Whit didn’t touch upon her finances earlier than submitting his petitioner’s criticism. (Screenshot: MARK ALLEN CU/STANFORD DAILY)

Previous to the listening to, ASSU Govt Vice-President Bikal Sharma ’24 wrote an amicus curiae temporary in help of Chen, saying that the Constitutional Council ought to refuse to listen to the case Elections Commissioner v. Chen on the grounds of Froehlich’s lack of standing, or an incapability to point out how the respondent injured or harmed the petitioner.

In his temporary, Sharma wrote that he was “compelled” to precise his opinion on the case as a result of he mentioned he believes its consequence will have an effect on future ASSU elections. “What ought to have been an enforcement matter for the election fee was a probably landmark case about elementary powers of the Constitutional Council and pupil free speech,” Sharma wrote, referring as to whether or not marketing campaign expenditures constituted freedom of expression.

Lodewijk Gelauff, a Ph.D. candidate in Administration Science and Engineering and former member of the Constitutional Council, wrote in his amicus curiae temporary that marketing campaign expenditure restrictions implement the “academic functions of the College.” He argues that these limits make sure that all candidates have an equal alternative “with out sacrificing their academic profession or exhaust their technique of survival.”

Chen might be represented by Eli Tannenwald J.D. ’25 and Froehlich might be representing himself as Election Commissioner. The 2 events might be offered earlier than the ASSU Constitutional Council, a physique of 5 undergraduate college students led by Council Chair Sherwin Lai ‘24.

On Tuesday, the Council met to determine whether or not or to not settle for the case. The council unanimously voted to listen to the case and scheduled the listening to on Monday over Zoom.

In accordance with Article V Part 4.B of the Joint Bylaws, if the court docket finds {that a} candidate is in violation of marketing campaign rules, they are going to be disqualified.

“I really feel like [Stanford] must be extra lively and keen about having pupil voices in our administration. That is why I’m taking my marketing campaign and this whole scenario very critically… I’m not dropping out of the race,” Chen mentioned.

A earlier model of this text misinterpreted Talbott’s assertion. The Every day regrets this error.