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SGA Elections

Student Governing Association

Office of Student Activities and Services
809 K-State Student Union
Kansas State University
Manhattan, KS 66506

785-532-6541
osas@ksu.edu

Violations

Violations of the KSU SGA Elections Regulations will be posted on here as they are filed. To file a complaint please complete the Complaint Form.

Complaint 18-01 (2/12/2018, 12:08 a.m.)

Suspected Violator(s): Paloma Roman

Suspected Violation: Violation of 54-0114 Campaign Materials F. Stickers and Buttons. Stickers shall only be placed on personal property

Complaint Filed by: Jordan Kiehl

Hearing: Tuesday, February 13, 2018, 7:45 a.m.

Determination: In Violation

Reason: Given the following reasons, the respondent was found to be in violation of the complaint. 

  • The sticker was found on non-personal property which is a violation of Elections Code 54-0114(F). 
  • The placement of the sticker was too far out of the range of tabling for the incident to be “accidental” or “by chance.” 
  • Ultimately, the actions of the campaign are the responsibility of the candidates. 

Sanction: As a result of an “in violation” determination, the following shall be the sanction for the complaint: 

  • The Roman Leverett Campaign must have the remainder of the sticker removed from the bulletin board to restore it to its previous state by 7:00pm on the date of Tuesday, February 13, 2018.
  • The Roman Leverett Campaign must also notify each individual who receives a sticker that the item may only be placed on personal property. 

Complaint 18-02 (2/14/2018, 12:30 a.m.)

Suspected Violator(s): Paloma Roman

Suspected Violation: Violation of 54-0115(D) Emails sent to Listserv or group messaging of academic or advising natures

Complaint Filed by: Corbin Sedlacek

Hearing: Wednesday, February 14, 2018, 8 a.m.

Determination: Not in Violation

Reason: After investigation and hearing from parties involved it was determined this was not an academic list serve but one designed for the student organization. Kinesiology maintains a separate list serve for academic purposes.

Sanction: No sanctions shall be implemented because the respondent was found to not be in violation.


Complaint 18-03 (2/23/2018,)

Suspected Violator(s):Victor C Armstrong-Tharp; Walker F Bassett; Gerardo Hernandez; Ashton Hess; Cynthia Karanja; Kelly Robinson; Vibhav Vidyadhar

Suspected Violation: Violation of 54=0109 E. 2. Each candidate [...] shall attend one of at least two mandatory meetings.

Complaint Filed by: Corbin Sedlacek

Hearing: Thursday, February 22, 2018, 2:30 p.m.

Determination: In Violation

Reason: Candidates were notified of responsibility to attend and reminded to contact the commissioner prior to the last meeting if they were unable to attend.

Sanction: The candidates shall be disqualified from running for the office(s) sought.


Appeal 18-03

Person filing appeal: Ashton Hess

Grounds for appeal: There was not sufficient evidence to support the determination of violation.

Determination: Determination overturned and reinstated to ballot.


Complaint 18-04 (3/1/2018,)

Suspected Violator(s): Roman/Everett

Suspected Violation: Multiple violations including: Not distributing materials through personal interaction, failing to include all expenses on report, accepting more than $20 from a student.

Complaint Filed by: Patrick Hopfinger

Hearing: Friday, March 2, 2018, 2:30 p.m.

Determination: In Violation

Reason: 

  • The Roman Leverett Campaign admitted to being in violation for purchasing sweatshirts for their campaign and not including them in their expense report.
  • Screenshots provided sufficient evidence that a candidate discussed purchasing campaign material at Thread which violates Election Code 54-0115, and encouraged the purchase of campaign materials which could not be included in the campaign report.
  • The items excluded from the Roman Leverett Campaign Primary Elections expense report likely exceeded 5% of total expense, making it a “Major Offense.”

Sanction: 

  • The Roman Leverett Campaign shall be allowed to continue in the election process.
  • The Roman Leverett Campaign must instruct those of the campaign that they are not allowed to use any materials not included in the expense report, until the General Election has closed.
  • The Roman Leverett Campaign turn over any documentation that clarifies the purchase of, or cost pertaining to campaign sweatshirts/ crewnecks.
  • The Roman Leverett Campaign must contact Thread to see what arrangement can be made to stop selling campaign materials.

Complaint 18-05 (3/4/2018)

Suspected Violator(s): Mariana Cruz

Suspected Violation: Failure to file expense report

Complaint Filed by: Corbin Sedlacek

Hearing: Sunday, March 4, 2018, 3:30 p.m.

Determination: In Violation

Reason: The candidate did fail to file the expense report by the required time but did file it shortly after.

Sanction: Because the candidate had submitted the expense shortly after, no further sanctions are required. 


Complaint 18-06 (3/4/2018)

Suspected Violator(s): Michael Bower

Suspected Violation: Failure to file expense report

Complaint Filed by: Corbin Sedlacek

Hearing: Friday March 4, 2018, 3:45 p.m.

Determination: In Violation

Reason: The candidate admitted he had failed to submit the report by the deadline. The candidate failed to submit the report after the candidate was notified they would have additional time to submit it.

Sanction: The candidate is disqualified.


Appeal 18-06 (appealed 3/4/2018)

Person filing appeal: Michael Bower

Grounds for appeal: Penalty was too harsh and new evidence.

Determination: Determination upheld, candidate is disqualified.


Complaint 18-07 (3/4/2018)

Suspected Violator(s): Roman/Leverett

Suspected Violation: 

54-0102     Definitions                                                      

C.     Campaign Materials. The term "campaign materials" shall mean any advertisement, document, or device of any kind whatsoever intended to promote or oppose a candidate or question voted upon by the student body

J.     Major Offenses. The term “major offenses” shall include the following.

4.     Deliberate submission of false or misleading information or deliberate omission of information.

10.  Incurring campaign expenses that exceed the limit by more than five percent.

54-0119     Campaign Expenses & Contributions  

A.     Definition. The term "campaign expense" shall mean the retail value of any obligations incurred, the retail value of any goods or services donated, and any actual funds utilized to promote or oppose the election of any individual to any office under this code. This definition shall include the value of any discounts not available to the general public and the retail value of any services donated. This definition shall not include any fines assessed under this Code.                         

B.     Personal Contributions Limited. The maximum amount any candidate may contribute toward his or her campaign shall be as follows:

1.     The total amount a presidential ticket may contribute towards its campaign including any contributions from sources other than qualified students of Kansas State University shall be no more than $300.00 for the Primary and $300 for the  General election. At no point may candidates advance funds in excess of the funds above toward their campaign, even if the individual(s) makes the excess amount back in third-party contributions.

C.     Contributions Limited. Contributions to any candidate may only be accepted if the contribution is being received from a qualified student of Kansas State University (as  determined under the Code through 54-0103), and limits for all contributions other than personal contributions shall be as follows:

1.     Each Presidential Ticket shall not accept more than $20.00 from any other student

D.     Sources of Values. The candidate shall be responsible for justifying the value of any services received or amounts spent, either through receipt or other reasonable means as determined by the Elections Commissioner.

54-0120     Reporting Requirements

B.     Content. Expense and contribution reports shall itemize all campaign expenses, and the fair market value of each item listed as determined whether by receipt, proof of  purchase, or when unavailable, according to those criteria and requirements of 54-0121. All campaign material must be purchased before each expense report deadline, and no expense can be incurred after each report is turned in. The contribution section of the report shall itemize each amount contributed to the campaign, the name of the donor, and any other information deemed necessary by the Elections Commissioner. 

Complaint Filed by: Stephen Kucera

Hearing: Monday, March 5, 7 a.m.

Determination: In Violation

Reason: 

 Given the following reasons, the respondent was found to be in violation of the complaint:

  • Failure to submit a complete Expense and Contribution Report and the lack of proper documentation on the part of the Roman Leverett Campaign prevents us from knowing how much was spent on campaign materials.
  •  A lack of proper documentation also prevents us from exactly knowing how much in contributions from students the Roman Leverett Campaign received.
  • The Roman Leverett Campaign admitted to being in violation for accepting contributions from seven students worth more than $20.00.
  • There were non-students listed in the file submitted as a contribution report.
  • The Roman Leverett Campaign admits that on February 27, 2018 they told a student that other campaign materials could be purchased directly from Thread. In doing so, campaign materials may have been purchased that could not be accounted for in the Expense and Contribution Report.
  • Based on failure to submit accurate reports, the campaign has violated “Majors Offenses” 5 & 10. 

Sanction: As a result of an “in violation” determination, the following shall be the sanction for the complaint:

  • The Roman Leverett Campaign shall be disqualified from the General Election. 

Appeal 18-07 (appealed 3/5/2018)

Person filing appeal: Roman/Leverett

Grounds for appeal: Penalty was too harsh and new evidence.

Determination: Determination overturned.  Roman/Leverett will remain on the ballot.  After coming to a decision in the Student Tribunal hearing held at 8:30pm tonight, it is the recommendation of the Tribunal that the election for SGA President and Vice President take place on Thursday March 8 and Friday March 9.  This would allow for the rest of elections to continue as scheduled tomorrow and Wednesday, and simply move the President and Vice President election to Thursday and Friday.


Complaint 18-08 (3/5/2018)

Suspected Violator(s): Kiehl/Pitts

Suspected Violation: 

54-0102 Definitions J. Major Offenses. The term “major offenses” shall include the following.

10.Incurring campaign expenses that exceed the limit by more than five percent.

54-0119 Campaign Expenses & Contributiond

C. Contributions Limited. Contributions to any candidate may only be accepted if the contribution is being received from a qualified student of Kansas State University (as determined under the Code through 54-0103), and limits for all contributions other than personal contributions shall be as follows:

1. Each Presidential Ticket shall not accept more than $20.00 from any otherstudent

Complaint Filed by: Stephen Kucera

Hearing: Friday March 5, 2018, 5:15 p.m.

Determination: 

In violation of: Election Code 54-0120(B)

Not in violation of: Election Code 54-0102(J)(10) or Election Code 54-0119(C)(1)

Reason: 

Given the following reasons, the respondent was found to be in violation of Election Code 54-0120(B):

  • The Kiehl Pitts Campaign failed to submit receipts for costs incurred in the production of campaign posters.
  • The campaign included names in their Primary Election report without having actually received a contribution. The campaign included these same names in their General Election report upon actual receipt of the contribution.

Given the following reasons, the respondent was found to be not in violation of the Election Code 54-0102(J)(10) or Election Code 54-0119(C)(1):

  • Although the Kiehl Pitts Campaign failed to submit proper documentation for expenses incurred, they still included the costs in their Contribution and Expense Report.
  • Although the campaign included the same names in both reports, they were able to provide documentation that these students only made one contribution. I confirmed with six students that this was accurate. Thus, not violating Election Code 54-0119(C)(1).
  • During the hearing the Kiehl Pitts Campaign was able to provide documentation of missing expenses. To ensure that their campaign not exceed their expense limit, the campaign chose to not spend money budgeted for future expenses. Thus, not violating Election Code 54-0102(J)(10).   

Sanction:

As a result of an “in violation” determination, the following shall be the sanction for the complaint:

  • The Kiehl Pitts Campaign shall be allowed to continue in the election process.
  • Given that the Kiehl Pitts Campaign provided the missing documentation to complete the report, the campaign must resubmit an updated Contribution and Expense Report by 10:00 on Tuesday March 6, 2018. 

Complaint 18-09

Suspected Violator(s): Kiehl/Pitts

Suspected Violation: 54-0114 E 3 Chalking to close to entrance of Library.

Complaint Filed by: Jonathan Cole

Hearing: Wednesday, March 7, 2018

Determination: in Violation

Reason: Commissioner verified the chalking did exist and was within 30 feet.

Sanction: The candidates shall remove the chalking prior to 6 p.m. Wednesday, March 7, 2018.