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The decision to move the 2012 Carleton University Students’ Association (CUSA) elections online was made just a few weeks ago. But in an unexpected twist, chief electoral officer (CEO) Sean Finn said Feb. 10 the motion wasn’t carried out correctly and CUSA has until 9 a.m. Feb. 13 to fix it or he’s using paper ballots when students head out to vote Feb. 15 and 16.
In an open letter addressed to CUSA president Obed Okyere, and emailed to all councillors, Finn said the motion to move to online elections didn’t follow proper procedure in accordance with Robert’s Rules of Order, a handbook of guidelines that govern CUSA meetings.
The Jan. 26 motion, initially put forward by Faculty of Social Sciences councillor Brandon Wallingford and amended by public affairs and policy management councillor Chris Thompson, was passed unanimously. However, vice-president (internal) Ariel Norman immediately moved for a reconsideration of the minutes in an attempt to delay voting to a later day.
Following the meeting, Norman said the decision was in order to allow a greater number of the councillors and executives to be in attendance. Many of the missing council members were on the defendants’ side of the almost five-month legal battle that saw council inactive.
In a controversial decision that resulted in a shouting match between councillors, CUSA chair Stephanie Feldman ruled against Norman. In his letter, Finn said she shouldn’t have because the motion was moved by Norman and seconded by another councillor, according to the meeting minutes.
“It was not challenged by any of the council members present. Instead, the motion was left to stand and the meeting adjourned,” Finn wrote in his letter. “It appears that the motion to amend the electoral code has been suspended until it is raised for consideration at a subsequent meeting. Until such time . . . I am maintaining the status quo.”
Michael De Luca, a current public affairs councillor and candidate for next year’s executive, said he was surprised to hear about the last-minute reversal.
However, De Luca said he isn’t too concerned because he said he doesn’t think Finn has the power to change the motion.
“Under the CUSA constitution, [the motion] stands unless overturned by the constitutional board,” De Luca said, adding the CEO “doesn’t have the authority to override.”
In his letter, Finn cited the electoral code, saying the CEO “has the power to make any administrative decisions to facilitate the smooth running of CUSA elections,” adding that his office retained independent legal counsel to advise on this issue.
The CEO has the power to make administrative decisions not defined in the electoral code, but he must also “ensure that any directives from CUSA council are incorporated into the electoral process,” the code states.
Sarah Cooper, a faculty of arts and social sciences councillor and presidential candidate, said she supports Finn’s decision.
“If that’s what he thinks is best for Carleton students then I support it,” she said. “I know it came up on council. A lot of concerns came out about [the timing] being too quick.”
At a Jan. 24 council meeting where Finn was ratified as CEO, he had no answer to whether he was in support of or against online elections. He simply said he felt his electoral team was “competent” enough to handle either.
Council needs at least 48 hours to convene an emergency council meeting, according to CUSA bylaws, which would be the evening of Feb. 12.
With less than one week remaining until voting begins Feb. 15, it’s still unclear whether the elections will take place online or on paper ballots.
“I will be ordering paper ballots for the election [Feb. 13 at 9 a.m.], unless I receive notice before that time that council has approved a method of voting that will no longer require paper ballots,” Finn wrote.
For his part, Finn said he wouldn’t be responding to questions about his decision just yet.
“I’m just going to let it sit,” he said, adding that he hadn’t heard anything back from Okyere.
Okyere would not return multiple requests for comment.
UPDATE: Okyere responded to Finn’s letter Feb. 11.
“It is my position as the [chief executive officer] of CUSA Inc. and [president of the association] that this election must go forward online as the directive has been handed down clearly by CUSA [council],” Okyere wrote in his letter, which was obtained by the Charlatan.
Okyere acknowledged that it’s within Finn’s role to make administrative decisions, but these decisions must “not trump the will of council,” he wrote.
Further, he said Finn’s “assertion that the motion passed in council was not valid has no basis.”
Of the 32 council seats, the 19 votes cast at the meeting in favour of the motion represent a majority, Okyere said. He also said a motion to reconsider and enter on the minutes is specifically for standing committees, according to the letter.
If Finn doesn’t reverse his decision, Okyere said his letter would serve as an appeal to the CUSA electoral board.
“You as the CEO have made statements to multiple people indicating that online elections are doable and the necessary preparations have been made,” Okyere wrote. “A reversal of these statements at this point in the election process could call into question the entire validity of the election.”
Okyere said he will be talking to CUSA Inc.’s legal counsel first thing in the morning Feb. 12 and has requested Finn respond by that time.
Click here to download the full letter from the CEO.
Click here to download Okyere’s full response to the CEO.
