Jo Moore, former president-elect of the Otago University
Students Association, yesterday gathered about 100 signatures
from students for a petition challenging her recent
disqualification as a candidate during the recent presidential
election.
Miss Moore, a commerce student, said she had been getting
strong support yesterday from fellow students who regarded
her disqualification as unfair.
If she could gather about a further 100 signatures, she could
call together a student general meeting to reconsider her
disqualification, she said.
On Monday, she was shocked to discover she had been
disqualified by the association's independent election
arbitrator, Prof Paul Roth, of the Otago University Law
Faculty, following a further complaint.
Late last month, association returning officer Kyle Matthews
found there had been some breaches of electoral rules, but
upheld Miss Moore's election, after two complaints, including
one by unsuccessful presidential candidate Timothy Grigg.
All voting was carried out via computer.
Association president Simon Wilson said last night he
regretted Miss Moore had not been informed about the late
appeal being lodged last Thursday, calling it "an oversight".
Prof Roth had reviewed only matters previously considered by
the returning officer, including information provided by Miss
Moore, Mr Wilson said.
The association executive discussed the disqualification ata
meeting last night.
Legal advice obtained by the association from law firm
Anderson Lloyd yesterday stated natural justice had not been
breached over the appeal process, and that the association
executive did not have the power to overturn the findings of
its independent arbitrator.
In a written decision, Prof Roth said he had upheld three of
eight grounds of an appeal by Mr Grigg against the decision
of Mr Matthews.
Prof Roth said he appreciated the "inconvenience and possible
disappointment" resulting from his decision to disqualify
Miss Moore.
However, the candidate had been involved in trying to
"massage that vote" through breaches of electoral rules.
He found Miss Moore had exceeded the $1000 spending limit
imposed on presidential candidates - partly in respect of a
party, during which beer had been provided and voting had
taken place on a laptop computer.
The use of candidate-run polling stations, operated by a
candidate personally or her associates, sometimes with
"refreshments on offer" had "no place in a fair and impartial
election process", Prof Roth said.
Association election rules require candidates and their
advertising materials to be 20m from any polling stations.
The most straightforward way to remedy the situation would
have been to take away the votes that Miss Moore had obtained
by the use of her polling stations, but it was not known how
many electors had voted for her on her machines or how many
laptops were used, he said.
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