Election Reform referenda are no longer the only controversial issue surrounding the upcoming fall Student Council elections.
The Student Council representative body voted to postpone the fall elections from November 11-12 to November 18-19 during their meeting Tuesday night because of the need to meet with legal counsel regarding the revision of the fall election rules.
The contested rules included new stipulations on the disclosure of candidate and endorsing organization expenditures as well as other various procedural regulations.
Endorsing organizations, including The Cavailer Daily and the Greek Councils, expressed concern about the handling of the fall election rules and procedures.
On Sunday, The Cavalier Daily managing board contacted Madelyn Wessel, Council's legal counsel, concerning a possible lawsuit against Council for a violation of the U.S. Constitution, Cavalier Daily Editor-in-Chief Justin Bernick said.
"From our perspective of an endorsing organization, [Council] can't regulate the behavior of endorsing organizations at all or it's a violation of the first amendment," Bernick said.
Wessel informed the The Cavalier Daily managing board she had yet to see the rules, adding that said she arranged a "speedy" meeting for Monday afternoon, which included Vice President for Student Affairs Pat Lampkin, Associate Dean of Students Bill Ashby, herself and Council Vice President for Administration Will Sowers.
"We were informed that the University general council would not represent us in a lawsuit and that Student Council would be on their own if changes were not made to the election rules," Sowers said.
He added that the administration was also concerned about jeopardizing the election reform referenda with a possible lawsuit.
"Let's say we had a constitutionally questionable rule and it challenged the election for the candidates. That would recall the entire ballot including the [election reform] referenda," Sowers said.
Wessel noted the effort and good intent of the Council members who wrote the original rules but said drafting the election rules was too difficult a task to not include legal counsel.
"Dealing with first amendment rights and election reform is a pretty complicated task and no one would get it right the first time," Wessel said.
Sowers said many on Council were concerned about passing a "gutted" though legally sound version of the election rules Tuesday night because the more limited rules did not give enforcement authority to the election committee nor require expenditure disclosure.
Lela Graham, a representative for the School of Continuing and Professional Studies, said there was confusion because of the transition from old to new policy.
Engineering Rep. Ahson Wardak said if there was a risk of a credible lawsuit and the University administration wasn't going to support Council, he didn't see any reason for Council to act as a "renegade student group" by pushing for the elections rules enforcement mechanisms.
Sowers said he is organizing a workgroup which will include University general counsel, Council representatives and endorsing organizations who will revise the rules. The Council representative body will attempt to pass the modified rules during their meeting Nov. 11 in time for candidates to start campaigning Nov. 12, according to Sowers.
Inter-Sorority Council President Cahill Zoeller, who also serves as the Greek Council contact to Student Council regarding endorsements, said she was disappointed with how Council has handled the fall elections.
"It's almost like they are on their heels," Cahill said. "The members of Student Council are reacting to mistakes they made as opposed to bettering the system before they make those mistakes."
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