The Duke Student Government Judiciary will hold a hearing Tuesday for junior Kristina Smith, candidate for president, to potentially appeal a decision that cost her campaign 200 votes.

Last Thursday, DSG Attorney General Shreya Bhatia, a sophomore, and the Board of Elections decided that Smith's campaign violated an election rule and docked votes from the tally of voters who ranked her first. The next day, the Judiciary announced an injunction that prevented the release of the election results after voting ended as Smith had filed a petition to appeal the decision.

Junior Steve Hassey, in a recent letter to the editor, wrote that Smith and campaign members were handing out fliers in front of Marketplace, which is typical of DSG campaigns. What makes this situation unique is that they were playing music from an IPad.

"Collectively, we were having fun, evading the sudden onset of freezing temperatures by flailing around to the tune of some certifiable bangers by the likes of Frank Sinatra and Smashmouth," he wrote. "We were trying to have fun as the two-week-long campaign entered its final stages. We consider our actions innocent. The Board of Elections disagrees."

The rule allegedly violated was Section 6 of the Election Rules and Procedures 2017-2018, which says that while polls are open, students cannot solicit votes "while possessing any laptop, tablet, or similar electronic device that can access the ballot." 

Hassey wrote that the intent of the rule was to prevent voter coercion—something he says was not happening in front of Marketplace that day. 

He also contested the way the Board of Elections made their decision, writing that Smith's due process rights were violated. He referred to Section 8 number 5 of the Election Rules, which says that “an in-person hearing shall be automatic for violations resulting in a possible penalty of 50 votes or more.” 

These arguments and more will likely be brought up at Tuesday's hearing, which will occur at 9 p.m. in Telecom 132.