Big Red files appeal with Court

The Big Red party filed an appeal Thursday requesting a judicial review of the IU Student Association Election Commission's ruling. Wednesay night, the Commission forced Big Red to give up its IUSA victory, claiming they were guilty of over-spending campaign funds.\nThe appeal contains complaints against the decision that Big Red intentionally falsified their financial statement in not reporting the 600 extra T-shirts and doorhangers they bought. Big Red argues Crimson and Fusion distorted the meaning of expenditures due to "grammatical miscues" in the election code which allowed the commission to disqualify Big Red. \nIn the appeal, Big Red states an expenditure must "ultimately (be) used for promoting the candidates."\nThe appeal argues because the shirts were not used in the campaign, the complaints filed are invalid. \nBig Red Vice Presidential Candidate Angel Rivera said the grammatical miscues within the code make the definition of expenditures ambiguous.\n"We did not know that we had to report what was not campaign expenditures," Rivera said. "Therefore, there is no way that we could have intentionally falsified our financial statement. The rule of lenity states when there is something ambiguous in a code then the decision has to go in favor of the accused."\nRivera added that in a separate complaint against Fusion, there was an ambiguity about the distance Fusion was from the library. In that case, the commission threw out the complaint on the basis of ambiguity, Rivera said.\nCrimson Presidential Candidate Tyson Chastain said he believes the election commission has made the right decision.\n"(They) pretty much know the code by heart," he said. "By far, they know it the best. The concern is that there are three other parties that did abide by the rules."\nThe appeal states the omission of door hangers from Big Red's financial statement was simply a mistake.\nGraduate Student Dietrich Willke, who has been involved in IUSA since 1997, filed an amicus curiae Thursday in support of Big Red.\n"This is the first time in nearly six years where there has been a clean election," Willke said. "When I ran, I videotaped atrocities of people paying for votes, and there was so much evidence, and they dismissed those charges. Now, when the charges are blurry, they decide to make an example of Big Red."\nWillke said it is sad to disqualify Big Red for such a small mistake after they worked so hard.\n"I am amazed that in any commission there can be a unanimous decision on something that is not at all black and white," Willke said. "This decision had nothing to do with what the students wanted. I know that after all the past problems the commission was just trying to do whats right, but they've got to do it the right way."\nCrimson Vice Presidential Candidate Jesse Laffen said he believes Big Red deserves to be disqualified despite their claims.\n"When you look at the nature of the violations, it is something that could have definitely swayed votes," Laffen said.\nWillke said in addition to Big Red being disqualified, it is an upsetting and disappointing decision for IUSA.\n"I'm feeling the shame of IUSA right now," Willke said. "What does this show for the future for IUSA? I do not want IUSA to be dragged down. I want this code to work."\nRivera said he cannot even explain his feelings and maintains they did not break any election rules.\n"The most important thing," he said, "is that six people threw away 3,200 votes just on a technicality."\n-- Contact staff writer Mallory Simon at mgsimon@indiana.edu.