Mr Darlow, who was the second-highest polling candidate at last month's OUSA elections, has been named president-elect after independent election arbitrator Prof Paul Roth upheld an appeal and disqualified Jo Moore for breaches of the rules during her campaign.
Mr Darlow now has two choices - to accept the position and face the possibility of becoming embroiled in a legal stoush should Miss Moore continue to challenge Prof Roth's decision, or to turn it down and force a by-election.
Contacted yesterday, the 24-year-old postgraduate tourism student said he had found out only recently he had the option of turning down the position.
"It was kind of assumed I would take the position . . . I am not 100% sure what my decision is going to be. I would like to sleep on it."
Prof Roth's main concern over Miss Moore's campaign was a party she threw at her Castle St flat on the night before voting closed.
At the party, she and another candidate made a computer available so people could vote, and also gave away free beer, actions which he said breached the rules.
Miss Moore (19) said yesterday she intended to challenge Prof Roth's decision on three points: that there had been a breach of natural justice because she was unaware the appeal process was under way; that Prof Roth was wrong when he said she had spent more than the limit of $1000 on her campaign expenses; and that his ruling she breached rules regarding electronic polling booths was at odds with the information she was given by OUSA before the election.
She is gathering names on a petition calling for an OUSA special meeting to overturn "this totally unjust decision".
However, 2008 OUSA president Simon Wilson said yesterday his understanding was neither the student body nor the executive had the constitutional power to overturn Prof Roth's decision.
Legal clarification was being sought.
Miss Moore's other option was to seek a judicial review of the decision through the courts, Mr Wilson said.
Miss Moore said yesterday a judicial review was not her first option and she was taking legal advice about other ways of challenging Prof Roth's decision.
The past few days had been "very stressful", she said, but she intended to keep fighting.
She and Mr Darlow spent about an hour yesterday talking about her disqualification.
Miss Moore said she had not tried to influence Mr Darlow to turn down the presidency.
"I was talking to him, that's all. Whatever he does is his decision to make."
The original complaint about Miss Moore's election tactics was lodged by fourth-placed presidential candidate Tim Grigg.
He also lodged an appeal when returning officer Kyle Matthews found Miss Moore had breached some rules but not to the extent she should be disqualified.
Mr Grigg said yesterday Prof Roth's decision "was the only right outcome".
"Jo didn't just step over the line a little bit, she flouted . . . rules."
He said he lodged the appeal only because he believed Mr Matthew's decision was inadequate.
"I believe the correct legal decision has been made now."
Mr Grigg said he did not gain any benefit from appealing.
