The Leader

Issue date: 4/12/06 Section: News

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The UWM Student Association Senate initiated an investigation against Independent Election Commissioner Cassandra Gauthier at their April 2 meeting due to her possible involvement with one of the political parties running in the SA elections.

Sen. Joseph Ohler, a presidential candidate from the Alternative Party, proposed the investigation in response to a statement Gauthier made to the Senate on Feb. 26 that she had no political affiliations. Ohler said he was concerned that Gauthier's position in the IEC would allow her to give preference to members of United Student Voice (USV), another political party running for election that Gauthier allegedly has ties to.

Ohler based his accusation on Gauthier's membership in a Facebook group supporting USV and noted her close relationship to SA President Russ Rueden, who ran on USV's ticket last year.

The IEC oversees student election activities such as validating election registrations and assessing campaign violations. As commissioner, Gauthier is in charge of most IEC duties and is the only one who can assess violations.

Senators raised concerns because the only body that can overturn Gauthier's decisions is the University Student Court. Rueden has refused to name any candidates to the court, almost ensuring an election riddled with problems like last year, senators said.

"I have been urging the president to appoint a justice for some time now, and now we're seeing the ramifications of it," said acting USC Chief Justice Ben Butz.

According to Ohler, if Gauthier is affiliated with USV she could make biased decisions during the election campaign period.

"The commissioner issues violation points, meaning that candidates could be assigned different amounts of violation points for almost identical offenses," Ohler said. "The commissioner has the jurisdiction...to assess points to just the candidates involved in the violation or to those candidates and the entire party with which they are running."

While the decision was passed by a vote of 16 to 12, some senators question the legitimacy of the investigation due to the use of Facebook as a primary resource.

"I voted in favor of the investigation to make sure we have a smooth and fair election," Senator Drew Baryenbruch said. "I don't know how I feel about Facebook as fact, but I would like to have the argument heard. I want no question as to the fairness of the election this year."

Several discrepancies in the Senate bylaws have also led some to question the ability of the body to initiate this investigation.

As the investigation involves taking "specific action," it is designated as legislation in the bylaws according to University Student Court acting Chief Justice Ben Butz. All legislation must be submitted four days in advance of an SA meeting in order to be voted upon. In his opinion, Butz urged caution in investigating Gauthier.

"I believe the Senate and speaker didn't intentionally break their rules of order, but in fact if this investigation continues without any corrective action after the [they] have been informed of this breach of the established rules of order, the Senate and speaker will be knowingly breaking established procedures and will be liable for any further actions they take outside of the established process," Butz wrote in his official opinion on the matter.

According to Rueden-who has been on the court in the past-Ohler did not submit the legislation until after this deadline. Rueden warned that if Gauthier was removed there would be no student elections and the student government would dissolve. Rueden said he would not recognize the actions of the Senate.

Butz said that he will not make a judgment about Rueden's actions, pointing out that without a third justice the court will not be able to settle the matter, leaving the two sides to decide for themselves.

If Gauthier is found guilty by the Senate Oversight and Rules Committee, it could mean an end to the elections. Gauthier would not be allowed to work until the student Senate takes up the matter April 23. If Gauthier is found innocent, it would likely be too late to organize an election. If found guilty, the election would not go on because there would be no one to enforce the rules or count the ballots.

"Once you're up for removal, you can no longer hold your position," Butz said. "I don't know what happens at that point. A third justice is critical."

Rueden has refused to appoint a third student to the court, failing to keep the court running for most of this school year.

"I am concerned as to the legality of the proposed SORC investigation," Senator Baryenbruch said. "Going about an investigation illegally would raise questions in my mind and reflect poorly on the organization."

Rueden said he was concerned that Gauthier was given no advanced warning that the issue would be discussed at the Senate meeting and thus given no opportunity to defend herself.

Some senators who voted for the investigation still believe that it is justified. Sen. Andrew Hable, a supporter of the investigation, is skeptical of Rueden's opposition.

"The president has been scrambling for a way to prevent this investigation since it was brought up at the meeting," Hable said. "It's very suspicious that he is desperate to avoid a balanced investigation of the IEC commissioner."

Ohler is concerned that if the investigation does not take place it could create problems for the SA in the future. Hable agreed.

"It is best to weed out bias in the IEC Commissioner before it is too late, as the [University Student] Court would be unable to remedy unfair IEC rulings," Hable said.

SORC will hold the investigation hearing on Wednesday, April 12 at 7 p.m. in Union room E220.

Gauthier could not be reached for comment.

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