Wednesday, March 11, 2009

If Necessary, Will Boyer File Suit?

Emily Cahn of The Hatchet reports that the JEC has entered executive session and is deliberating the charges against Kyle Boyer in his campaign for SA President.

If he is removed, he apparently has recourse.

From the story:
Eight years ago, Roger Kapoor, an SA presidential candidate, was removed from the ballot for election violations. Kapoor exceeded the $1,000 spending limit by $20 for failing to report the fair market value of pizzas. Kapoor filed suit with the Student Court and was added to the ballot again.
Boyer won as a defendant in the SA Court earlier this year on the signature issue. If he is disqualified by the JEC, will he file suit to be reinstated? If he files suit, how will he fair as a plaintiff?

Stay tuned...


Alec Jacobs said...

If Boyer broke the rules, he should be removed from the ballot. It's very simple.

Stephen Molldrem said...

I think many would agree with that, but it's not the question in this instance.

If the JEC removes him, he has the option to sue in the SA court for a final determination.

Should he exercise his right as a candidate to do that if the JEC finds him guilty of three violations? That is the question at hand.

Alec Jacobs said...

The answer is still the same.

Why allow him back on the ballot? The rules were still broken in the first place. The court should only reverse its decision if something new comes out that reveals that no rules were broken.

He can appeal but I wouldn't really see a point if the rule was broken.

Anonymous said...

The Court has a history of being populists and legislating from the bench.

There is no re-course for this. In this situation, they have ultimate power.

My prediction- they put him back on.