Sections of IUSA code ruled unconstitutional

After a turbulent IU Student Association election, the IUSA Supreme Court ruled three sections of the IUSA elections code unconstitutional - something the new executives look forward to rewriting. “We determined that they were in violation of the IUSA constitution,” said Kate FitzGerald, former IUSA Supreme Court chief justice.

“Because the constitution is the highest authority, these sections of the elections code have to be modified or stricken.” The sections in question, 802, 907 and 1104, grant Congress the authority to overrule the Supreme Court and to approve and uphold the Election Commission’s decisions.

FitzGerald told the Indiana Daily Student that no decision made by the Supreme Court can be subject to congressional approval or dismissal. The question of constitutionality came after the IUSA Supreme Court disqualified the Kirkwood ticket from the elections after finding the ticket had committed six violations of the elections code.

Former IUSA President W.T. Wright called an emergency congressional meeting for a review of the disqualification decision. FitzGerald responded, e-mailing Wright as well as IU President Michael McRobbie, Chancellor Ken Gros Louis, other IU administrators and IUSA members, among others. The e-mail said the Supreme Court had received two petitions questioning the constitutionality of three sections in the IUSA Elections Code.

She indicated that a congressional vote to uphold or overturn a Supreme Court decision would be unconstitutional. The meeting was eventually canceled. “It was a weird thing because as soon as it came to light, it was pretty obvious,” FitzGerald said. “It wasn’t like a normal constitutionality case where it takes a lot of deliberation and consideration. It was pretty black and white.”

Senior Megan Robb and former IUSA president Alex Shortle filed petitions with the IUSA Supreme Court arguing the validity of the three sections of the elections code. According to Robb’s petition, section 802 contradicts section 1001, which states the Supreme Court has the final authority over all properly appealed IUSA election disputes.

Robb told the Indiana Daily Student that it seemed like the IUSA Congress was using section 802 to justify holding a meeting to vote on the Supreme Court decision.

Shortle called into question sections 907 and 1104, which state that the Supreme Court’s decisions “aren’t up for the confirmation of Congress.”

IUSA Vice President Dan Sloat said rewriting the elections code will add legitimacy and depth to IUSA. Treasurer Robin Featherston, who will be in Bloomington throughout the summer, said rewriting the elections code is her first priority. She said the executives want a code that doesn’t have loopholes and will be easier to interpret.

She said the current elections code is vague and not as inclusive as it needs to be. “I think that’s what we want to redo, to pass (it) onto future administrations to make sure they have a fully functioning code that really ensures student rights,” she said.