The ASUO Constitution Court ruled early Thursday morning that the Election Board appointments and confirmations are invalid.
This decision comes almost a week after former ASUO President Laura Hinman filed a motion for clarification questioning whether she had fulfilled the duties required to resume office.
Hinman’s position was ruled vacant by the court after she was found to be in nonfulfillment of confirming an Elections Board with the recommendation of Pat Chaney, the Elections Board Chair.
Hinman attached several emails attempting to prove that Chaney had again recommended the Elections Board after he was confirmed.
“However, these emails are copied into the Word document, rather than direct copies or screenshots of the original email. In order for the Court to effectively consider these as evidence, the emails must be confirmed as authentic,” the court said in its clarification.
The court created a timeline based on an affidavit provided by Chaney. According to the timeline, Chaney made his recommendations prior to being confirmed by the ASUO Senate. Hinman then made her appointed four members to the Elections Board just before Chaney was confirmed. According to Chaney’s affidavit, once confirmed, he continued to recommend the same four individuals.
“It is apparent in Petitioner’s argument and Chaney’s ‘affidavit’ that the Elections Board appointments were made prior to the confirmation of the Elections Board Chair Pat Chaney. The appointments clearly did not occur after the confirmation of Mr. Chaney, and thus, were not properly made,’” according to the court.
To the court, Hinman did not supply enough evidence to prove that she is no longer in nonfulfillment.
“The positions are now open, and appropriate measures must be taken to ensure fair opportunity for members of the ASUO to apply and fill them,” the court ruled.