The Duke Student Government election commission ruled Thursday that the Interfraternity Council did not violate DSG by-laws in its efforts to encourage IFC members to vote.
Trinity senior Jason Barclay, DSG chief of staff and a member of the election commission, said the commission decided IFC's actions were "clearly within the by-laws," noting that IFC never stipulated that members had to vote a certain way in order to win the IFC contest.
The official election commission decision stressed, however, that some members of the seven-member committee were not comfortable with IFC's activities and therefore wanted to review the by-laws and consider making changes.
"IFC wasn't necessarily at fault," Barclay said. "The by-laws were what were faulty." The commission will review the election by-laws after spring break, he added.
The ruling was a response to a complaint filed Wednesday against IFC by Trinity junior Lisa Kalik and Trinity sophomore Brent Kaziny, who is also a DSG legislator and a member of DSG's student affairs committee.
Before both the first DSG executive election and Wednesday's runoff, IFC sent e-mails that encouraged its members to vote by explaining that the fraternity with the highest percentage of voters would receive a refund of its $3-per-member IFC dues. Kaziny and Kalik said both e-mails, which were sent to IFC presidents and forwarded to fraternity members, blatantly connected the contest with IFC's candidate endorsements.
"Let's follow through with our strong endorsement of [Trinity junior] Jeri Powell for president and put her in office," the IFC e-mail read. "The voter turnout contest from last week will continue to the election Wednesday.... In this race it is critical for selective housing to elect Jeri. Please make this evident to your brothers."
Kaziny and Kalik said IFC's actions violated the DSG by-law stating that "no organization will be allowed to use organization funds to promote any candidate. Candidates will be held responsible for illegal spending by others on their behalf."
Kaziny said he plans to appeal the election commission decision on four grounds:
- When discussing Kaziny's and Kalik's complaint, the commission allowed Trinity senior and election coordinator for IFC Randy Kenna to speak. Kaziny said he did not receive the same opportunity to explain his position and field questions.
Barclay, said, however, that the commission would have allowed "anyone who wished to give testimony... to testify."
- Trinity senior Blair Greber-Raines, Kaziny argues, should not have been voting on the complaint because, although Greber-Raines is DSG's attorney general and a member of the election commission, he is also the past-president of Sigma Chi fraternity. "I don't know where he stands in terms of loyalty," Kaziny said.
Although Greber-Raines could not be reached for comment, Barclay emphasized that the commission's decision was unanimous, despite the fact that Greber-Raines is the only greek committee member. "If anything, [Greber-Raines] provided a holistic view of the entire process, being a member of the greek community," Barclay said.
- The commission failed, Kaziny further argues, to address all of the points included in his initial complaint, namely that a DSG by-law prohibits election "tampering."
"[It] just seems to me that [IFC's] intentions in creating the contest weren't entirely legitimate," Kaziny said.
- DSG by-law states, Kaziny notes, that the commission must include three members of the DSG legislature. Kaziny said the commission's only voting member of the legislature was Engineering sophomore Brian Stempel. Barclay disagreed, saying ex-officio members of DSG are considered part of the legislature. The legislative committee members, therefore, include himself, Vere and Stempel.
"[If Kaziny] had any objections to the composition of the election committee, he should have raised it at the time that he approved the election commission," Barclay said, referring to the fact that the legislature approves of the commission prior to each DSG executive election.
Kaziny said it was an oversight on his part to not object to the commission's composition when he was voting. "The main thing was I did not know that there needed to be three members elected from the legislature," he said, emphasizing that non-voting members do not count in other instances, such as when DSG legislature meetings need quorum.
DSG by-laws, however, state that cabinet members are considered "ex-officio, non-voting members of the legislature," suggesting that both Vere and Barclay qualify as members of the DSG legislature.
Kaziny said he expects to file his complaint today with Trinity junior DSG Chief Justice Josh Schaffer. Schaffer, however, could not be reached for comment.
Kenna said the election illustrates the organization's impact on campus politics.
"You have to listen to the greek voice and you have to address greek issues if you want to get elected in this election," Kenna said. "IFC never tried to talk bad about the candidates. We felt that [the people we endorsed] best represent interests that would work toward the greeks."
Others said the impact of IFC's voter turn-out contest remains unclear. "If [the contest] was successful, then it got the greeks out to vote," said Trinity sophomore Eric Edison, co-campaign manager for Trinity junior and DSG President-elect Jeri Powell.
Kalik, however, said including Trinity sophomore and Pi Kappa Alpha fraternity member Sean Murphy's name in the e-mail implies a connection between the contest and the endorsements. "IFC was not in the spirit of the election in what they did," she said.
The report also said the complaints should have been filed before the election results were announced. But Kaziny said he first received a copy of IFC's e-mail Wednesday and filed his complaint later that evening, and Kalik said she did not know of the e-mail until Wednesday evening.
"It does detract from their complaint given the fact that both their candidates lost," Barclay said. "It seems like sour grapes. If [Kaziny and Kalik] truly were concerned about it they should have filed it [earlier]."
Both Kaziny and Kalik, however, noted that complaints may be filed up to 24 hours after voting polls have closed. "Things don't necessarily come out until after the election," Kaziny said.
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