United Students candidates fined

By Brianne Pfannenstiel

Tuesday, April 21, 2009

Though the Student Senate elections ended Thursday, the complaints continued among coalitions as the elections commission hearing board met Sunday night to hear multiple charges filed against United Students.

Alex Porte, Great Falls, Va., junior and former Envision vice-presidential candidate, filed four violations against United Students last week. Two of the four charges were dismissed by the hearing board and the remaining two resulted in a total of $350 in fines for United Students.

“I wanted to have the elections commission know that United Students was attempting to steal and hijack the election,” Porte said. “That was my main goal for filing the violations.”

The first complaint claimed several United Students members had purchased a keg at The Wheel, 507 W. 14th St., and were urging students to take free beer and then vote for United Students on laptops that were present.

In the complaint, Porte said this was a violation of the election code, which states that no candidate is permitted to view a computer screen while a student is voting on that computer. The code also states that candidates are not allowed to knowingly campaign or communicate with anyone in the process of voting.

Two students testified that they had seen United Students members with laptops and a keg at the bar, but because they said they hadn’t actually seen students voting, the elections commission found that there was not sufficient evidence provided to convict United Students of coercion.

Thomas Knutzen, Lawrence third-year law student and hearing board member, moved to dismiss a second complaint that three members of United Students solicited votes door to door in Oliver Hall, which is not allowed in Senate campaigning.

The commission voted 3-1 to dismiss the charge because of a stipulation in the elections code, which requires the presidential and vice-presidential candidates know and approve of the actual offense in order to be held liable.

Alex Herman, Hays second year law student and hearing board chairman, said the commission believed Mason Heilman, student body president-elect, and May Davis, vice president-elect, should be held liable for the actions of members of their coalition, but because of the structure of the elections code could not find them guilty.

The commission said the elections code currently did not hold candidates liable for the actions of the coalition as a whole and he recommended that the code be changed before next year’s election.

“It makes you look like a bunch of schmucks and you should be held accountable,” Knutzen said to Heilman and Davis following the commission’s decision. “I think the code should say you should be held liable, but it doesn’t.”

The commission heard two additional complaints regarding mass e-mails that were sent by Heilman and senator Darrell Stuckey, Kansas City, Kan., senior, promoting themselves and their platforms.

The commission unanimously found Heilman guilty of using an academic listserv to promote the election of a candidate. He was fined $250. Stuckey was also charged with sending multiple unsolicited e-mails and was fined $100.

Herman said if information that was presented in the case against Heilman had been available in the previous case against Stuckey, the commission would have fined Stuckey the full $250.

“The hearing board didn’t clearly understand the way listservs function until after testimony given in Mason’s case,” Herman said.

Heilman said he was pleased with the board’s decisions.

“I think the hearing board was very fair in their reasoning and I think now we’re in a place where we can move forward and start putting together an administration once we get May’s appeal behind us,” Heilman said.

— — Edited by Liz Schubauer

Comments

JConnor (anonymous) says...

“I think the hearing board was very fair in their reasoning and I think now we’re in a place where we can move forward and start putting together an administration once we get May’s appeal behind us,” Heilman said.

Translation: I'm glad the commission let me break a ton of rules to win this election and then still let me take office.

April 20, 2009 at 12:10 a.m. ( | suggest removal )

JConnor (anonymous) says...

Btw, that is not a knock on the commission.

April 20, 2009 at 12:10 a.m. ( | suggest removal )

elephantsneverforget (anonymous) says...

Wow...glad envision's last pathetic attempt to overturn the student's voice failed. GIVE UP! The students have spoken...and don't tell me Envision didn't commit shady stuff...that one girl who testified about the door to door visits was spotted campaigning in residence halls. And the banners that were stolen...c'mon seriously. Oh and the banner that was taken down at Phi Psi...seriously. Sorry you guys actually gave United Students a run for their money and still came up short. I guess there's always next year...I mean you have to continue telling yourself that. What is this, the 8th or 9th year in a row?

April 20, 2009 at 12:19 a.m. ( | suggest removal )

JConnor (anonymous) says...

Elephants - did you read the article? The election's commission called United Students "schmucks" and said that it was only a loophole in the code from them receiving even bigger punishment than $350 in fines.

April 20, 2009 at 12:29 a.m. ( | suggest removal )

Envision (anonymous) says...

Envision has no need for United Students' trash. People steal United Students banners because they legitimately hate a corrupt political machine that does nothing in office.

Campaigning in residence halls is not illegal if you are accompanied by a resident, but taking a computer door to door in a residence hall the night of the election before the polls close at 10pm is most certainly illegal. So is buying a keg at the Wheel for the sake of votes. The two United Students candidates that confessed to us at the Wheel were left untouched in our appeal because we understood that they were innocents in this process--we lead with a sense of integrity.

"The commission unanimously found Heilman guilty of using an academic listserv to promote the election of a candidate. He was fined $250."

Mason cheated to win his job, so he should resign, plain and simple.

April 20, 2009 at 12:34 a.m. ( | suggest removal )

elephantsneverforget (anonymous) says...

I did read it Jack. You tell me straight up front that Envision never did anything shady. The way that the meeting was run this evening was a joke. Envision people were speaking out of turn and their witnesses were ridiculous and set-up to say exactly what the commission wanted to hear. You even beat around the bush until you were backed into a corner and had to say you campaigned with Envision. Just glad the election commission saw the light...I didn't want to have the J Board waste their time like they're going to have to do with May.

April 20, 2009 at 12:40 a.m. ( | suggest removal )

elephantsneverforget (anonymous) says...

What academic listserv are you talking about? Name that listserv and drop of a copy of it at the SILC office and then I'll talk to Mason. Until then, I don't believe it. Envision...I don't understand why you complain about United Students when you fairly lost a VP race for the exact same coalition you criticize. Out of my 5 years here I've never seen such a desperate attempt to overturn the voice of the student body.

April 20, 2009 at 12:43 a.m. ( | suggest removal )

elephantsneverforget (anonymous) says...

Oh and you just admitted stealing is justified because of an opinion. When Bush was re-elected, I should have just went over to the GOP office and stolen their banner outside.

April 20, 2009 at 12:45 a.m. ( | suggest removal )

shutchins11 (anonymous) says...

JJ (not envision, most of you have gotten over this),

Please move on.

April 20, 2009 at 1:17 a.m. ( | suggest removal )

iHateMizzou (anonymous) says...

shutchins11,

Your presidential candidate, Mason Heilman, was unable to utter even a word in his own defense. His legal representative stalled the entire night with unnecessary questions to witnesses before mentioning something at the end about how he should have called Mason but there's not enough time. I'm pretty sure if Mason had anything worthwhile to say in his own defense, he would have said it - either in the hearing or in the newspaper. Unless he thinks being charged $250 for something he didn't do is "rational."

April 20, 2009 at 1:33 a.m. ( | suggest removal )

hawkchalk (anonymous) says...

Oompa loompa doompety doo
I've got a perfect puzzle for you
Oompa loompa doompety dee
If you are wise you'll listen to me

What do you get when you guzzle down sweets
Eating as much as an elephant eats
What are you at, getting terribly fat
What do you think will come of that.

I don't like the look of this....

April 20, 2009 at 2:30 a.m. ( | suggest removal )

hawkchalk (anonymous) says...

have you guys heard of this song by the Jonas Brothers called "Move On" ? I just love that song.

April 20, 2009 at 2:34 a.m. ( | suggest removal )

JConnor (anonymous) says...

I have not ever heard of that song or any song by the Jonas Brothers. Care to elaborate?

April 20, 2009 at 2:36 a.m. ( | suggest removal )

bananapancakes (anonymous) says...

I can see why they wouldn't punish United because of the guys with kegs in the bar, but c'mon, I doubt that the Heilman and Davis didn't know about it...c'mooooon. Who brings a laptop into the Hawk without being part of a political group with stake in an election...nobody, that's who. I get the loophole though...there's not much you can do about it. I guess if some unknown helper used the listserv, fines would be understandable, but since Heilman was found to be using it himself, his resignation doesn't sound like that crazy of an idea. I mean, he messed up...the prez messed up. And yeah, going around the night before an election with a laptop, door to door, is pretty crappy. "The student voice has spoken," haha! Students couldn't care less about senate elections (that's probably why United gets elected so often. They cheat here and there, get whatever mindless zombies they can find to vote for them, and get elected. Hey, it works I guess). If they did care, Heilman would be shakin' in his boots and seriously consider resigning from his position. I dunno, it just sounds like United did some pretty stupid things. The board obviously doesn't have the evidence to force United out of office, but...hmmm...i dunno....if students cared, they would/should probably be pressured out. But seriously, is nicolas cage not the most underrated actor in the past 15 years, I mean c'mon.

April 20, 2009 at 5:57 a.m. ( | suggest removal )

pantheon (anonymous) says...

"But seriously, is nicolas cage not the most underrated actor in the past 15 years, I mean c'mon."
http://glark.org/media/nick-cage.jpg
I beg to differ.

Also, I'm more than a little surprised there's not a straightforward "No buying votes" rule. I mean, "Can't look at a computer screen while someone is voting" and "Can't campaign to someone while they're voting" are good and all, but where's the common sense rule?

April 20, 2009 at 8:37 a.m. ( | suggest removal )

Jhitt (anonymous) says...

Basically by choosing only to fine Mason the commission implicitly made a large and likely incorrect statement.

Mason was found guilty of using a listserv to communicate to nearly 6 or 7 thousand people - everyone who has a sports pass.

By fining him and not counting this as an egregious violation, the implicitly state that this did not significantly effect the election. You tell me that contacting 7k people on the day of the election telling them to vote a certain way and I will kindly reply with "sir, are you celebrating 4/20 a day early?"

Also, the only defense they had was a list of nearly 18k names that they refused to bring in to "save paper". US really does not care about that, my guess is that the list doesn't exist.

I'm sure the commission would have had time to review the code and change it if Mason had appointed them within the first 3 weeks of school like RULES AND REGS states he is supposed to.

Finally, I'd like to see their expense report. I seriously doubt that US has another $350 to spend on fines.

April 20, 2009 at 8:59 a.m. ( | suggest removal )

elephantsneverforget (anonymous) says...

haha Jhitt...burden of proof lands on the plantiff not the defense, therefore until you can prove that they used a listserv which you can't, this will be overturned by Univ. J board

please move on and just stay out of senate. you can remain on finance though

April 20, 2009 at 9:30 a.m. ( | suggest removal )

topcity24 (anonymous) says...

Mother Frucken Bill Braskey! He's clearly the root cause of all of this.

April 20, 2009 at 10:34 a.m. ( | suggest removal )

senatorscooby (anonymous) says...

Man, imagine if this much time and effort from everyone was spent trying to make campus a better place, rather than trying to get each other kicked off senate. Our campus would be amazing, and everyone would be talking about the good things senate does............instead, we are in hearings and scandals and drama and frankly all it's doing is making our university senate look bad and making the student body laugh at senate instead of respecting them. Lets get this crap over with and start doing our jobs already!

April 20, 2009 at 11:18 a.m. ( | suggest removal )

moto (anonymous) says...

how many of you know mason?
good good guy. may davis?...not so sure about..but, mason...a real gem.
thanks to alot of bitter losers....i hope you are all happy now....

April 20, 2009 at 11:30 a.m. ( | suggest removal )

fletch (anonymous) says...

Back in my day, we'd just flip a presidential candidate's car over.

Win or lose, if you're a crappy human being, have a title of "student body (vice-/)president" in front of your name doesn't make you any better.

April 20, 2009 at 11:41 a.m. ( | suggest removal )

JHOK (anonymous) says...

This is the first comment I have made on a UDK blog which required me to register. Before I submitted my email address, I noticed an interesting disclaimer:

"We will not spam you or give your e-mail address to anybody."

The reason the election code says that you cannot use any academic list serve (or any other list serve affiliated with KU) is so that you DO NOT HARASS STUDENTS WHO DO NOT WANT EXCESSIVE EMAILS DURING ELECTION SEASONS. Unite Students illegally obtained the email addresses of students who purchased the sports package and sent excessive emails.

Sorry for the tangent, I will continue with my intended post.

Elephentsneverfog--

Obviously you are a United Students candidate. Maybe you were elected by the freshman/sophomore CLAS division that has yet to see what an ineffective and corrupt coalition you represent. Maybe you WERE NOT elected by the more experienced divisions who HAVE noticed what an ineffective and corrupt coalition you represent. Or perhaps you are awaiting your appeals trial so you can get the position you bought in this past election. Whoever you may be, I have a couple points I would like to make clear:

1. ENVISION (the username) did not admit that stealing is justified because of an opinion. If you re-read the post its clear that he was saying that your missing banners had nothing to do with the Envision coalition.

2. You did in fact use a listserv that was affiliated with KU. There seemed to be a 100% correlation between people who received emails from Darell Stuckey/Mason Heilman and had also purchased a sports package.

3. We (Envision) are not trying to "overturn the voice of the student body." You illegally used a listserv affiliated with KU to manipulate what people thought about your excessive egregious violations.(Need some examples?-buying votes with beer, going door to door with laptops...) We are simply trying to make it clear that your coalition does not represent ethical leadership. It seems that the Jr./Sr. CLAS has figured that out by now.

4. You make a mistake when you clump Envision with your other opposition coalitions. Within months we were able to rally enough support to claim approximately 2/3 of the seats. (Voice of the students, huh?) The bottom line is that United Students had to resort to cheating to lose the majority of seats and only win the Presidential/VP election by 95 votes. You must feel so proud.

April 20, 2009 at 11:57 a.m. ( | suggest removal )

SamuelBrownstone (anonymous) says...

The ego of the entire Envision coalition is staggering...

The students have spoken. Done. It is ONLY a disservice to continue these petty arguments. Quit citing "being the voice of the students" as a reason for being arrogant, sore-losers.

The funny part is that when one looks at this from a distance, the opening half of Tutu's video is being validated.

April 20, 2009 at 12:27 p.m. ( | suggest removal )

The_Truth (anonymous) says...

I love it when Porte talks about ethics haha when he was kicked off of exec for violations of his own.

Envision- You talk about integrity while you try to justify the rationality behind stealing banners. Hmmm conflict of interests?

JHOK/JHitt and all other Envision Supporters- there is not a 100% correlation between those receiving the emails and those with the sports package. I received an email, and I did not buy the sports package. Just thought I would clarify for you.

April 20, 2009 at 12:37 p.m. ( | suggest removal )

iHateMizzou (anonymous) says...

Envision: You cheated to win.

United Students: SORE LOSER!

Envision: You won by 95 votes and you clearly cheated pretty badly.

United Students: The students have spoken!

Envision: What? You sent thousands illegal messages from Darrell Stuckey and Mason to people who had no idea what was going on telling them if they vote for United Students they'll get a cheaper sports pass, and you think that didn't help you win by 95 votes?

United Students: Sore Losers!!!! We always win! The students love us!

Elections Commission: Hello, we are impartial and have just reviewed the evidence, and United Students, you are cheating schmucks.

April 20, 2009 at 12:48 p.m. ( | suggest removal )

JConnor (anonymous) says...

Senator Scooby, I agree with you sentiment. But I think it's the ineffective leaders who care more about winning than they do about doing a good job in office who are a bigger problem than those seeking a fair election. Congrats again on your seat, and I know you'll be one of the ones doing good things next year.

April 20, 2009 at 1:06 p.m. ( | suggest removal )

pantheon (anonymous) says...

I'd like to point out I have no sports pass and STILL got Stuckey/Mason spam. I didn't even know who Stuckey was till this semester, and now I hate him.

April 20, 2009 at 1:15 p.m. ( | suggest removal )

kcchiefs27 (anonymous) says...

Envision, get over it you sore losers. Who cares if United Students cheated? They won! Life isn't fair! Lesson learned!

April 20, 2009 at 1:26 p.m. ( | suggest removal )

dlowell (anonymous) says...

What I gather from the comments left by the United Students supporters is that people that break rules should not be punished. Is that correct? An impartial board did find them guilty, and if they are guilty, they should be fined. If either coalition is believed to have broken the rules, a complaint should be brought against them. That's why we have an elections commission. Rules exist for a reason.

April 20, 2009 at 2:25 p.m. ( | suggest removal )

coffee_pot (anonymous) says...

Stuckey still hasn't returned my e-mail I sent him in response to his spam. When can I expect this?

April 20, 2009 at 2:47 p.m. ( | suggest removal )

senatorscooby (anonymous) says...

As someone who just got involved in senate this past semester through the election, I will tell you that I took the time to actually get to know may, jj and porte and towards the end got to know mason a little, too; these are good people who all can and will do great things for the university. All this controversy and election drama has made everyone forget...........these are real people!! May, Mason, JJ and Porte, you guys are all amazing people; and everyone on this message board who hasn't taken to time to actually get to know them as individuals should be ashamed of themselves. Just because you don't like someones politics should not give you a reason to bash someone as a person. Like them or not as politicians, all four of them are stand up individuals. So everyone shut up about your personal feelings towards them as people, no one cares! It's okay to care about politics, but this is rediculous. For every person bashing a coalition here; quit wasting your time and GO DO SOMETHING WITH YOUR LIFE!!!! Why doesn't everyone stop fighting and commenting on this crap and CHEER ON OUR RANKED KU BASEBALL TEAM!!! Better yet, it's a nice 420 day............go fly a kite or throw a frisbee around or play hacky sack......I bet Students of Liberty is doing just that right now on wescoe!!!!!!

April 20, 2009 at 3:15 p.m. ( | suggest removal )

Jhitt (anonymous) says...

"Life isn't fair" is an unacceptable explanation for this type of offense in a student election in my opinion. the commission should not certify this election on the grounds that US broke the rules numerous times over the course of the campaign to get those last 96 votes to win the election. I don't have a problem with their senators, its likely they were just pawns; I just want the top of their ticket to see the consequences of his actions rather than get away with it.

April 20, 2009 at 3:18 p.m. ( | suggest removal )

JHOK (anonymous) says...

Senator Scooby-- I like your optimism and I really hope that Senate can just move past this election. The only reason Envision continues to make what has happened a big deal is so that the rest of the student body realizes what type of people they have elected to run our student government next year. Hopefully, in the future we will be able to have fair elections where rules are enforced and the best coalition wins. This year has shown the importance of creating an impartial elections commission (before candidates are nominated) and rewriting rules and regs so that coalitions will be more accountable for their actions. I too have gotten to know May and Mason and I must say that I have lost a tremendous amount of respect for both of them through this process. There is no doubt they have the potential to make a positive impact on campus but they have shown that thei primary interest is to win.

Many people are becoming extremely cynical of student government but this may be due in part to the fact that the scandals and drama are easier to report on. Many people don't realize what actually takes place in Senate which is understandable. Hopefully, next there will be 33 blog comments based on an actual policy in Senate.

April 20, 2009 at 4:55 p.m. ( | suggest removal )

MiracleShot2008 (anonymous) says...

As someone who hates all politics, I'm completely disgusted that these cheaters are being allowed to keep their office.

April 20, 2009 at 6:20 p.m. ( | suggest removal )

go_jayhawks (anonymous) says...

Hot4Teacher obviously has no idea what Senate does.

Of the 423.55 or whatever the semester fee is, only $17 this year, $15 next year goes to "funding clubs".

Transit system. Health system. Stop day policy. Rec Center. All of these very critical entities are directed effected by the people the "top brass" appoints or strategically positions.

The elected senators rarely vote on material other than various club funding.

The President and VP actually participate in crucial decision making such as board appointments, recommendations, voice input on any of the 100 (I don't know how many there exactly are) governing bodies on campus.

April 20, 2009 at 6:24 p.m. ( | suggest removal )

OhHappyDay (anonymous) says...

iHateMizzou: "Elections Commission: Hello, we are impartial and have just reviewed the evidence, and United Students, you are cheating schmucks."

Wait, wait, wait. Impartial board? IMPARTIAL BOARD!? Give me a break. If the elections commission is impartial (which they are not, considering that they have ties to Alex Porte) then they would have seen that what they are doing is hurting the student body.

I have nothing against Alex Porte except for the fact that he and his coalition are repeatedly trying to use smear tactics. I agree with senatorscooby in the fact that no side is 'evil' or 'righteous'. We're all just students trying to do the best for our University. So can we all just be happy now?

April 21, 2009 at 12:40 p.m. ( | suggest removal )

mitch_who (anonymous) says...

Life isn't fair is an okay response when the refs make a bad call at your soccer game when you're 10 years old. Life isn't fair is not an okay response when it is made regarding a legislative body that controls millions of dollars. This election is not as trivial as some would make it out to be. It isn't just a game, some people's hard earned money is at stake. Allowing this kind of corruption at the low levels of government only encourages it. These people are future politicians and when they learn that you can cheat to win, then that's what they will do for the rest of their lives.

It's a matter of rich vs poor / powerful vs weak. The people who have the money make the rules and break the rules. Because they can afford the fines, it really doesn't matter how much they are fined.

Arguing between Envision and United Students does not accomplish anything. Students of Liberty was the only legitimate coalition that had no election code complaints filed against them. They were the voice of honesty and reason, yet they are overlooked because some elitist scum wanted to play politics.

Don't be surprised when shi t gets stolen when you rob the student body of a free and fair election while belligerently abusing your power. And don't be surprised when the students who care take over your committees and shut down every worthless piece of legislation you present.

This is not a game and we're sick of you treating the student body like a bank account.

If you're sick of the abuse, join the committees. That's where the real power is. They are open to any and all KU students. You don't have to be elected, you just have to show up.

April 21, 2009 at 3:51 p.m. ( | suggest removal )

Hendrix321 (anonymous) says...

I honestly don't give a s*** about who wins and who doesn't because there probably isn't a shade of difference between the two main coalitions but it angers me that they'll blatantly let a coalition bribe people into voting for them by buying them free drinks. That's like dead people voting in Chicago. And the guys in charge just claim they didn't know about it, and it's completely kosher.

April 24, 2009 at 6:38 p.m. ( | suggest removal )

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