Duke Student Government named two freshmen Durham and Regional Affairs senators after a one-day delay due to allegations of campaign violations.
Freshman Marcus Benning was confirmed Tuesday night after the DSG Judiciary unanimously voted that the Election Commission’s previous ruling was unconstitutional. The Election Commission had punished Benning for his beginning campaigning before the official Sept. 13 start date without giving him an opportunity to respond to the allegations.
“Mr. Benning received notice of the complaint after the Election Commission had already made a ruling on the allegations and decided a penalty,” the Judiciary’s majority opinion stated. “The Election Commission acted unconstitutionally in... penalizing him for the alleged infractions.”
Freshman Gracie Lynne was also confirmed as a Durham and Regional Affairs senator Tuesday evening.
Chief Justice Matt Straus, a junior, said the Judiciary did not rule on whether Benning violated the start date but instead limited its discussion to the election bylaws and the language of the constitution.
The Election Commission received the formal complaint Sept. 9 against Benning for soliciting support from his friends via e-mail. The Election Commission met immediately after polls closed Monday night and decided to penalize Benning by nullifying 21 votes. Had the loss of votes been upheld, Benning would have lost what DSG Attorney General Ryan Clark, a junior, called one of the more competitive races.
Benning denied all allegations of illegal campaigning but declined to forward the e-mail in question to The Chronicle.
“I want to make it completely clear that I did not campaign prior to the beginning of election week,” Benning said. “I sent an e-mail to friends... and asked them if they would help me with my campaign once my campaign began on the 13th of September.”
Benning said he received a phone call at midnight Monday from Straus, who encouraged him to file suit against the Election Commission’s procedures.
“I wouldn’t have appealed the ruling on my own, but it was suggested for me to do so by the Judiciary,” Benning said.
The Judiciary did not come to a decision until approximately 4:30 a.m. Tuesday.
Tuesday afternoon, the individual who filed the original complaint against Benning filed a second complaint alleging that Benning solicited support from students at places like the East Campus Bus Stop before Sept. 13. The Election Commission dismissed the allegations because they were based entirely on hearsay.
Benning confirmed that the complainant was an opposing candidate, but Clark declined to reveal the individual’s identity.
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