Rules violated but no new election, court decides
By Tammy Batey
Oregon Daily t mv/okl
The ASUO Constitution Cloud won't order a new elm
lion despite its ruling Friday that the ASUO Elections
Hoard violated elections rules hy not informing students
of the absentee voting process.
The elections board violated elections rules by not giv
ing Oregon Institute of Marine Biology students enough
time to vote anti by not announcing in the Oregon Daily
Emerald the absentee voting process, the coud ruled
In other business, the court overturned an election
board decision and ruled Oscar Garcia should be given
the Student Senate seat he won with f>4 votes The elec
tions board had originally said write-in candidate Garcia
was not eligible for the seat because he had not official
ly filed as a candidate.
The court also ruled Student Senator Mir hael
Omogrosso’s complaint was w ithout merit Omogrosso
alleged the Emerald ran a write-in campaign for Editor
ial Editor Martin Fisher. On April 19. Fisher wrote in the
Emerald's "Write Angles" column "I am hereby
announcing my write-in candidacy for an ASUO posi
tion. Any position Every position."
The coud heard the allegations at a hearing May 5.
Leslie Warren and Mark Johnson. who lost the race for
1993-94 president and vice president, filed a complaint
against the elections board for three infractions of elm
tion rules They asked that the court "render the prima
ry election null and void."
Warren and Johnson said students were not informed
of the absentee ballot option and therefore were "undu
ly alienated" from the voting process
The coud denied Warren and Johnson's request for a
new election, said Chief Justice Paul Loving in a coud
statement. Loving said the court wasn't sure tfie election
board's i ompliancu with the rules would have changed
the results of the presidential rm e.
"We are unable to subject the orderly operation of gov
eminent and the student body to w hat would i>e a tumul
tuous period based purely on a hunt h," Loving said "In
this instance, the needs of the many outweigh those of
the few. or of the one."
The Constitution Court found no violations of elec
tions rules with two other complaints bv Warren and
Johnson. The pair's second complaint was that the elm
tiouh board didn't act impartially when it allowed
Safer ide to operate a voting booth after the organization
endorsed Eric Bowen and Diana Collins Puente
"We believe the mere appearance of impropriety is
insufficient to establish « violation." Loving said
Warren and Johnson also alleged the ole* lions board
allowed non students to vote When students renew
their identification curds. they are given a t urrent fee
term sticker even if they haven't paid the fee Warren
and Johnson said.
The court can't impose a duty on the elections board
to carry out the responsibilities of another part of the
Universitv. l.oving said It is the responsibility of people
who issue current term stickers to verify .1 student s st.i
tus
Warren said she and Johnson weren't surprised bv the
court's ruling
"We went for our supporters." she said "We went to
show that we appreciated them supporting us
Omogrosso. who lost his hid for re-election, said fish
er had <111 unfair advantage in the elei linn bei auso he
had free access to the Emerald to forward his 1 ainpatgn
Justice Will Portello said the fat t that Fisher is .1 gr.ul
uatiug senior and claims he had no intention of running
for offii e seems to indii ate Fisher was not a candidate
Fisher's column was satire and so no misuse of stu
dent funds in < urred The Constitution Court determined
that Omogrosso'* i as*? w as without merit
“The opinions of Mr Fisher that a* 1 ompanied the sug
gestions were mildly humorous and strongly indicated
that Mr Fisher was not ai tuallv running a serious i am
paign." Portello said
However, the < otirt reminded the Emerald in its ruling
that the newspaper does receive student binds and is
subjtx 1 to the jurisdi* tion of the court At the court hear
mg. Emerald Editor-in-chief Pat Mala* h respectfully
dei lined" to respond to the case
"Should the Emerald < house not to respond (in the
future), then it w ill risk a default and w ill t>e sum tinned
accordinglyPortello said
Fisher said the Constitution Court had no authority
to even hear Omogrosso s i ase hecause his 1 ase dealt
with a First Amendment issue
"The Constitution Court mav only rule on matters
relating to the AM JO Constitution." Fisher said "Thu
First Amendment is lievond its jurisdi( lion
Malach said the i ourt only Inis jurisdiction over
whether the newspaper spends its student Its1 allocution
lor printing < osts. .is stipulated in its II-‘(! Imdget line
item.
The student money the Fmera/d rvouves pays for Ires*
We are unable to
subject the orderly
operation of
government and
the student body to
what would be a
tumultuous period
based purely on a
hunch. In this
instance, the needs
of the many
outweigh those of
the few or of the
one.'
Paul Loving,
chief justice
ilisiriImlion oil cam
pus." Malach said
"As long as there is a
paper in lli«‘ boxes
i'vm iiiornm#. then*
is no i omplaint. Thu
Constitution Court or
any other ASUC)
body has no aulhori
tv of any kind over
what is in that
paper"
Oniojjrosso said lie
still believed It was
ail issue of journal
ism ethics
"l do apprei into
the i nurt snyin# dies
feel the Kmrruld
should fie under I he
court." he said Part
ol mv nil den v or was
to instill ill the 17/ii'f
ilhl a stroll# sense of
responsibility
(farina was ills
(|u,illfu’il -is a vs rile
in i andidalt) bt*< uusn hi' didn i li!«• (nr ollni.il uandid.it \
slalus with ihn AM ()
Chi' (umslilnlion ( mirl found the idi-t.lions hoard s
disijiinlifii alton of (>ur< ia u as not in lilt' hi-st intm-sts of
thn studi'iil liodv. said (iisiii i' Mh haid () l.oarv
I .an i i was unavail.ildi' lor i nminnnl Hut (frog Ihi! son.
a law studunt who wroln m (fan ia. said lu> was (ili'.istd
w idi (hr ( onstitiilion ( mirt s ruling
'I'm happy that lliv votu wain'I takin away, Dotson
said
Council passes budget after debate
By Meg Dedolph
OrtHjftn Daily f mQf&tot
Most of tin* area residents
who spoke at the Monday night
Eugene City Budget Committee
hearing supported the public
access cable program and criti
cized the proposed budget ruts,
which would eliminate public
and educational cable access.
The programs broadi ast on
public access cable include
political programs featuring the
Libertarian, progressive and
conservative points of view as
well as programs on local citi
zens and artists
"Cable is a growth industry,''
said Mall Hall of Eugene.'"it's
like a flower opening Cutting
funds is i losing the petals back
on itself."
Debbie McMnnman of Spring
field said that while the city
wants to i ut funding for public
access cable, it also wants to
increase the amount of city gov
ernment coverage
"Which of you city coum dors
is willing to take studio equip
ment away from an 11-year-old
child producing his own pro
gram' Do you want u channel
devoted to government that's
originally for the public."
Mi Manman said.
The suggestions offered by cit
izens for retaining public access
television included trimming
upper administrators from the
program, ns suggested by Shel
don High School student Kric
Blankenbeckly.
Others suggested that if the
program hod to In* cut. an addi
tional your ho allowed so other
sources of funding could be
found
"The money that's been used
prosecuting me — nyarly
$50,01)0 — could have funded
cable ai i ess." said Frog, a local
merchant "I think i able access
is a very good thing."
Other i oncerns with the pro
posed city budget im hided
requests that money he set aside
for a homeless car camp lor fall
and winter, like the Centennial
car camp scheduled to close
over Memorial Day weekend
"Wo need to make room ill the
budget for the camp in the fall
and winter." said Wayne Ford,
of the Fugenu-Springfield Home
less Action Coalition.
ET ALS
MM riNUS
KrlurmiiK Mudrnl Aimm itliun wilt
tmlnv ni i p m in I MD Kiwm 27
to# more ili(iMin*ium < >tii I4f» 4 HI’S
Kl Siller I immih t*r»»te« I
will meet inday nt *> IS pm »u tiMU
(omfurv Room ( lor more mformniion
mil 1414)624
Mu lie til Senile will n»er4 hmight nl *•
m t MM (ienlury Room A l or more
IdlliniMllMI. (ill 146 IK* JO
SlutlenU l Of I hone will tonight
at 7 III Room It2 WilUm»«>lln lor more
titformnlton i el) I4»* o».4'»
Amnnli Inlrrnalionil will mwi
1 rmighl nl 7 In I Ml’ Room I)
AlpKi kiippe P*i < o«»rl of Honor will
meet tinlay nt S t5 |i m ill Hoorn 221
l^iw lor morn mformniion mil t4t»
9**2 J
AnklrpoMlvVIlM will inert tonight *t
ft In KMI t ednf Koom I) lof mom odor
motion, mil ti*7 ft2*m
Hi * Hein hnppn w iti n.-ti to ? ihim
mem hurt tmlnv at I p m in Room 202
Chnpmnn tor more information mil
140 222)
Science f iction Rending (*roup will
meet today nt 12 30 p m in Hoorn 4 4H
Hi;
KM K.tOft
I nilrd Melhntlirl C ampu* Mtttialry
will lli»h<i|i Willidiii In
>l«i4k .it I ha WwIpv h)iiiHl«luHi Sprittn
Mooting mill I Mahraliiiii luiught «*l / at
thn Wi*»W> I oi nidation I.! ift Knot aid M
tor morn in for nut Hitt, tall Mfi 4t»‘M
MIM i I UNMH .s
At •tlrrtm Adtiurt* trill inaka mill
victual «dvl*»ng appoint manta for undo
i Ufo*) Irmhnam ihriMigh lodat Umradav
from '» HI a in to 12 tfi p m amt from *
to 7 [tm in Room 11*4 Ofrypm ILtll Drop
by t«« tttaka an appointment! for Wmiui
day or Utt-r thl* v«w»k hit more infer
until<>n. < all 140 1211
Suulliratt Atian program will
prrtt'oi rhailit Kouiihapinjpli an
maaafChar amt iw tuiot a* Thiillfttl i
l'4id|i Uni varsity to tiauk <mi l irturiiti
oily iorwalty tn Thailand today from
12 10 to 1 10 p m to t Mt' t »1 *ir> Room
I hit nmtti m(«irttM!fiii tall l*»2l
( ulla|a of Hutinrtt Admmoltitimi
will ipoiiMit a ^tuii|i advising »t>uu»n
inday at ^ p m in Room I2II< Fidr* lor
mmr informal ion. tall Hft *Ki2 I
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