U. C. Official's Ballot Claim Challenged

Undergraduate Council election supervisor R. Gin Lo '94 and former Chair David A. Aronberg '92 yesterday disputed the council treasurer's claim that absentee ballots should have counted in the run-off for the vice presidential election.

Council Treasurer Rene Reyes '95 said he was deprived of his rightful post as council vice president on October 17 because the four absentee ballots--all cast for Reyes--would have given him the necessary votes to beat Melissa Garza '94 in the run-off. Reyes and Garza received the most votes among the four candidates in the first round.

While Dean of Students Archie C. Epps III and council President Carey W. Gabay '94 urged further deliberation, Lo and Aronberg defended their decision to discard the absentee ballots for the run-off election.

"We saw the run-off as a separate election from the first vice presidential race," Lo said. "We weren't about to use ballots that were cast in one election to determine another, and that's all this is about."

Lo said the decision was made by an "impartial triumvirate" appointed by the council to count the ballots. This three-person committee was comprised of Lo, Aronberg '92, and former council member Steven N. Kalkanis '93.

"It seemed obvious, though, that the absentee ballots would only be good for the first election," Aronberg said.

Aronberg said the decision not to count the ballots was "unanimous and immediate, not even a question that anyone felt warranted debate."

Reyes' "designated teller," an impartial observer of the ballot counting to which each candidate is entitled according to last spring's constitution, was his roommate, Robert R. Zamacona '95.

After the election, Zamacona told Reyes of the four absentee ballots which were cast for him, but which were not re-counted in the run-off election that followed the first round--where four candidates were narrowed down to two.

The day following the election, Zamacona drafted a letter that addressed his concerns that the election was conducted unfairly. He sent the letter to Epps, Gabay and Lo.

Lo said the letter claimed that she "made an arbitrary decision not to accept the ballots the secondtime."

Reyes' allegation prompted Epps to call aseries of meetings last week to discuss thesituation with Lo and various council executives,including Garza, Gabay and council ParliamentarianDavid A. Smith '94.

"I think that the questions here which need tobe investigated are what the council constitutionsays, and if nothing, then what Roberts' Rules ofOrder say, assuming that Roberts' Rules thengovern council procedure," Epps said.

Article IV, Section 41 of the council'sconstitution, which addresses the election ofcouncil officers, does not mention absenteeballots. But Mark D. McKay '94, a member of thereevaluation committee that drafted the newconstitution, said the omission was an oversight.

The executive council will meet today withMarkham Professor of Government H. Douglas Price,who will advise the group on parliamentaryprocedure.

"Since it wasn't mentioned, we need to bedeciding on not only procedure but the intent ofthe constitution as well," Gabay said.

Aronberg said he did not encounter any similardisputes during his term as chair, nor did he knowof any council precedents.

"But whether or nor absentee ballots areconstitutionally provided for doesn't affectwhether they're counted in a run-off election,"Aronberg said.

No objections were raised at the time of theballot counting, even though Zamacona was present.

"I'm not a council member and at the time Ididn't know whether that was council procedure soof course I didn't make a formal protest,"Zamacona explained.

Epps said he was trying to limit hisinvolvement in the matter, but as one of therecipients of Zamacona's letter he was obliged tolook into the conduct of the election.

"It would be damaging to the council if thedean of students were to step in and startdeciding things for them," Epps said. "But Istrongly advised them to seek professional advicein deciding for themselves."

Two issues which Epps urged council members toconsider were the reconciliation of theconstitution with the fact that the council didvote to accept the ballots in the first place, andthe fairness of counting the ballots when therewas no prior notice issued to members thatabsentee ballots would be accepted.

Gabay said he will distribute a fact sheet toeach council member by tomorrow, and the issuewill be taken up by the full council at Sunday'smeeting.

"I just want to get through this," Gabay said."Tomorrow I will be putting a compromise on thetable, either that we hold another run-offelection or that we have co-vice presidents."

"But I don't know if that will come through,"he added.

Reyes said that he too would like to see aquick resolution. He expressed concern that thelonger Garza acts as vice president, the lesswilling the council will be to displace her.

"I am the rightful victor, and if there is avictim here it's me," Reyes said. "I rightfullyearned the title of vice president, but I thinkother executives may be afraid of appearing likethere's already another U.C. scandal."

"If we're moving so slowly in an attempt toprotect the council's image, that's a sadreflection of the priorities of the members," headded.

Reyes also criticized Epps for hisencouragement of proceeding cautiously. "He hasnot facilitated the righting of this wrong," Reyescharged. "He just keeps telling us to wait, totalk with more people."

Garza declined to comment on the situation

Reyes' allegation prompted Epps to call aseries of meetings last week to discuss thesituation with Lo and various council executives,including Garza, Gabay and council ParliamentarianDavid A. Smith '94.

"I think that the questions here which need tobe investigated are what the council constitutionsays, and if nothing, then what Roberts' Rules ofOrder say, assuming that Roberts' Rules thengovern council procedure," Epps said.

Article IV, Section 41 of the council'sconstitution, which addresses the election ofcouncil officers, does not mention absenteeballots. But Mark D. McKay '94, a member of thereevaluation committee that drafted the newconstitution, said the omission was an oversight.

The executive council will meet today withMarkham Professor of Government H. Douglas Price,who will advise the group on parliamentaryprocedure.

"Since it wasn't mentioned, we need to bedeciding on not only procedure but the intent ofthe constitution as well," Gabay said.

Aronberg said he did not encounter any similardisputes during his term as chair, nor did he knowof any council precedents.

"But whether or nor absentee ballots areconstitutionally provided for doesn't affectwhether they're counted in a run-off election,"Aronberg said.

No objections were raised at the time of theballot counting, even though Zamacona was present.

"I'm not a council member and at the time Ididn't know whether that was council procedure soof course I didn't make a formal protest,"Zamacona explained.

Epps said he was trying to limit hisinvolvement in the matter, but as one of therecipients of Zamacona's letter he was obliged tolook into the conduct of the election.

"It would be damaging to the council if thedean of students were to step in and startdeciding things for them," Epps said. "But Istrongly advised them to seek professional advicein deciding for themselves."

Two issues which Epps urged council members toconsider were the reconciliation of theconstitution with the fact that the council didvote to accept the ballots in the first place, andthe fairness of counting the ballots when therewas no prior notice issued to members thatabsentee ballots would be accepted.

Gabay said he will distribute a fact sheet toeach council member by tomorrow, and the issuewill be taken up by the full council at Sunday'smeeting.

"I just want to get through this," Gabay said."Tomorrow I will be putting a compromise on thetable, either that we hold another run-offelection or that we have co-vice presidents."

"But I don't know if that will come through,"he added.

Reyes said that he too would like to see aquick resolution. He expressed concern that thelonger Garza acts as vice president, the lesswilling the council will be to displace her.

"I am the rightful victor, and if there is avictim here it's me," Reyes said. "I rightfullyearned the title of vice president, but I thinkother executives may be afraid of appearing likethere's already another U.C. scandal."

"If we're moving so slowly in an attempt toprotect the council's image, that's a sadreflection of the priorities of the members," headded.

Reyes also criticized Epps for hisencouragement of proceeding cautiously. "He hasnot facilitated the righting of this wrong," Reyescharged. "He just keeps telling us to wait, totalk with more people."

Garza declined to comment on the situation