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SGA Elections

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 19-01 (1/29/19, 5:50 PM)

Suspected Violator(s): Devisha Pandey

Suspected Violation: Violation of 54-0109.e.1 Failure to attend a mandatory meeting.

Complaint Filed by: Kristen Schau

Hearing: January 29, 2019, 8:15 AM

Determination: In Violation

Reason: The candidate was not present and did not communicate with the commissioner prior to the meeting.

Sanction: The candidate has been disqualified from the student body president election.


Complaint 19-02 (2/9/19, 3:04 PM)

Suspected Violator(s): Ryan Kelly

Suspected Violation: Violation of 54-0120-B Failure to include expense in expense report.

Complaint Filed by: Patrick Hopfinger

Hearing: February 10, 2019, 4:30 pm

Determination: In Violation

Reason: The candidate did not include the retail value of a campaign video on his expense report.

Sanction: The candidate will be required to remove the video from all media platforms for the remainder of the 2019 Election. The candidate shall make a good faith effort to have all campaign supporters remove the video from their personal media for the remainder of the 2019 Election. The candidate shall submit a revised Expense Report including $45.45 for the retail value of the video by 5pm on Monday, February 11th

Appeal:

Appealed by: Ryan Kelly

Decision: The board upheld the primary decision


Complaint 19-03 (2/12/2019, 10:41 AM)

Suspected Violator(s): Ryan Kelly

Suspected Violation: Violation of 54-0120-B Failure to include expense in expense report; 54-0102-J-4 Deliberate submission of false or misleading information or deliberate omission of information.

Complaint Filed by: Kristen Schau

Hearing: February 14, 2019, 8:15 a.m.

Determination: In violation of Chapter 54-0120-B. Not in violation of Chapter 54-0102-J-4. 

Reason: The candidate was found not in violation of Chapter 54-0102-J-4. The board determined there was not sufficient evidence that any information provided by the Kelly Campaign was deliberately omitted or used to mislead. 

The candidate was found in violation of Chapter 54-0120-B. The services of @at.visuals are not provided at no cost to the general public, meaning the services should have been listed on the Kelly expense report. The campaign could not provide an approximate cost for the services but did claim that @at.visuals was present for a 2 hour photo shoot. The board estimated the retail value of an amateur photography session at $25 per hour. Because the photo shoot was 2 hours long this would make the value $50. Since the tagged photos were available for 4 days, out of the 17 days remaining in the election, the board decided to charge the campaign 23.5% of the total retail value of the photo shoot. 23.5% of $50 is $11.76.

Sanction: The campaign must remove all photos that tag photographer @at.visuals as well as any other photos taken and/or edited by this photographer. The campaign must submit a revised expense report listing $11.76 for the services provided by @at.visuals. Both sanctions must be complied with by 5:00pm on Friday, February the 15th.  


Complaint 19-04 (2/12/2019, 9:03 PM)

Suspected Violator(s): Ian Armstrong, Thayne Benoit, Avery Bolar, Callie Caselmen, Kristin Fisher, Aaron Gallaway, Melanie Hiraki, Tyler Tripp Jared Yankovich

Suspected Violation: 54-0109-B.2 Attend a Mandatory Meeting

Complaint Filed by: Kristen Schau

Hearing: February 13, 2019, 8:30 a.m.

Determination: In Violation 

Reason: Respondents Armstrong, Benoit, Caselmen, Fisher, Hiraki, and Yankovich were notified of the hearing and did not attend to present any evidence or response. They did not attend the two offered mandatory meetings or receive and excuse by the Commissioner by 4:30pm February 12th2019 and the board found them in violation. 

Respondent Gallaway did attend the hearing to explain his absence. The respondent emailed the commissioner at 3:30pm on Tuesday the 12thasking to be excused due to an academic commitment at 5pm on Tuesday the 12th. The respondent did not receive a written excuse prior to the completion of the mandatory meeting.  The board determined that because the academic commitment was at 5pm that the respondent would not have been excused by the commissioner had the email been read prior to the meeting. 

Respondents Bolar and Tripp responded to the complaint notification and withdrew from the election prior to the scheduled hearing.

Sanction: Armstrong, Benoit, Caselmen, Fisher, Gallaway, Hiraki, and Yankovich are disqualified.


Complaint 19-05 (2/13/2019, 2:19 PM)

Suspected Violator: Jansen Penny

Suspected Violation: 54-0115-C Illegal Distribution of tangible campaign materials and 54-0115-D Emails contacting campaigns shall not be sent to a K-State Listerv...

Complaint Filed by: Cheyenne Bruknow

Hearing: February 14, 2019, 8:00 p.m.

Determination: Not In Violation

Reason: The candidate is found not in violation of Chapter 54-1015-C because there was no evidence of distribution of tangible campaign materials that would be in conflict with this section.

The candidate is found not in violation of Chapter 54-1015-D because there was no evidence of group messaging in academic or advising natures. 


Complaint 19-06 (2/16/2019, 8:18 PM)

Suspected Violator: Ryan Kelly

Suspected Violation: 54-0102-J-10 Incurring campaign expenses that exceed the limit by more than five percent.

Complaint Filed by: Chelsea Phillips

Hearing: February 18, 2019, 5:30 p.m.

Determination: Not in violation of Chapter 54-0102-J-10. The campaign is found to be in violation of Chapter 54-0120-B. 

Reason: The board found that four of the five expenses listed on the revised expense report submitted Friday afternoon should not have been included in the report. The board reasoned that an individual having previously held a job in which they utilized a specific service or skill is not equivalent to presently charging the general public for that specific service or skill. Evidence was found that Jordan Martin, Lanessa Aurand, Ian Boyd, and Alec Hildreth have previously been employed utilizing services that they now claim they are similarly using for the Kelly Spencer Campaign. However the board did not find evidence that any of these individuals charge the general public for their services. Therefore, the board determined that there was not sufficient information to necessitate listing these expenses. 

The respondent claimed that Victor Valdez charged clients for website development outside of his employed K-State IT job. It is for this reason that the board determined that this service should have been expensed.  Because Valdez did not attend the hearing and no evidence was found online of advertisement of Valdez’s costs, the board estimated the value of website development at $200 for a basic project. 

The respondent claimed that the listed expenses were estimated from the time the campaign announced their candidacy. Therefore, the board determined that the website has been available to the general public for 26 days. If they were to continue using the website, it would be used for a total of  35 days. The campaign has thus been using the website for 74% of the total time. 74% of $200 is $148.57.

While this puts the candidate over their expense limit, it does not exceed the limit by more than five percent as per Chapter 54-0102-J-10. Therefore this is not a major violation.

Sanction:The candidate must submit a revised expense report expensing $148.57 for the services provided by Victor Valdez and remove the campaign website. The candidate must also remove the expenses of Campaign Finance, Campaign Management, Social Media Marketing (Lanessa) and Social Media Marketing (Alec) from the expense report. These sanctions must be complied with by 5pm on February 19, 2019. 

Appeal:

Appealed by: Ryan Kelly

Decision: The board upheld the primary decision.


Complaint 19-07 (2/18/19, 9:33 PM)

Suspected Violator(s): Sadie Polson (Penny Campaign)

Suspected Violation: 54-0102 J9. Encouraging the commission of a major offense under this code.

Complaint Filed by: Alec Hildreth

Hearing: February 20, 2019 5:15 PM, Konza Room

Determination: 

Reason: The board determined that the campaign is not in violation of “encouraging the commission of a major offense under this code”. The comments in question were determined not to be a violation in Hearing 19_05 because no airdropping occurred. Even if airdropping had occurred, the board determined that that would not be a major violation under the statutes.


Complaint 19-08 (2/18/19, 9:36 PM)

Suspected Violator(s): Erin Schmit (Penny Campaign)

Suspected Violation: Section 54-0102, J,12: Campaign materials that are disorderly, lewd, or indecent; breach the peace; or aid, abet, or procure another person to breach the peace on university premises or at university-sponsored activities.

Complaint Filed by: Mathew Orzechowski

Hearing: February 19, 2019, 8:00 PM

Determination: In violation of Chapter 54-0102-J-12. Campaign materials or activities that are disorderly, lewd, or indecent; breach the peace; or aid, abet, or procure another person to breach the peace on university premises or at university-sponsored activities. 

Reason: The board determined that Erin Schmitz is a member of the Penny Campaign under Chapter 54-0102-A which state “The term ‘campaign’ shall mean any individual(s) or planned action(s) working to promote or oppose any candidate or question voted upon by the student body”. The board found that Erin Schmitz’s comments in a groupme created to promote the Penny Campaign suggested that she was a part of the Penny Campaign according to this definition.  

The board determined that Schmitz’s comments abetted an act of vandalism, which the board considers would be breach of peace on university premises. For this reason the board found the Penny Campaign in violation of Chapter 54-0102-J-12. The board felt that while the comments encouraged an action out of line with the statutes no actions were taken in response. Because breach of peace did not occur the board determined this is not a violation that deems disqualification as an appropriate sanction. 

The board determined that the Students for PK groupme must be deleted for the remainder or the election season and no comparable groupme be created in response. Because the Students for PK groupme was used to commit this violation the groupme should no longer be available to the campaign. 

Sanction: The campaign must delete the Students For PK groupme and cannot create or encourage the creation of a comparable groupme for the remainder of the election.


Complaint 19-09 (2/18/19, 10:25 PM)

Suspected Violator(s): Jansen Penny and Ali Karamali

Suspected Violation: 54-0116 C. “Limitations on postings. With the exception of posters and banners, no campaign materials shall be leaned against or otherwise affixed to campus property.” 540114 D4.  “Banners may only be displayed as designated by the elections commissioner, determined by lottery for each candidate's location.” 54-0116 A1 "K-State copyrighted and trademarked logos (e.g. Kansas State University, the Powercat, Willie the Wildcat) may be used with permission of the Elections Commissioner or designee after counsel with K-State's director of trademark licensing."

Complaint Filed by: Alec Hildreth

Hearing: February 20, 2019, 6:00 PM, Konza Room

Determination: In violation of Chapter 54-0116-C. Not in violation of Chapter 54-0114-D-4 and Chapter 54-0116-A-1.  

Reason: The board determined the campaign is in violation of Chapter 54-0116-C because the cart shown in the photograph is campus property and the campaign prop featured is leaned against said property.

The board determined the campaign is not in violation of Chapter 54-0114-D-4 because the board did not categorize the prop used as a banner. This prop was never affixed for an extended period of time and has been used for photos and at their tabling booth.

The board determined the campaign is not in violation of Chapter 54-0116-A-1 because the logo was not used in their campaign material. It was determined that having a trademark image present within a photograph is not the intended meaning of this section of the statutes.

Sanction: The campaign must cease the use of the campaign prop shown in the evidence photograph. 


Complaint 19-10 (2/18/19, 9:48 PM)

Suspected Violator(s): Olivia Pruss (Penny Campaign)

Suspected Violation: 54-01020-J-12: “Campaign materials or activities that are disorderly, lewd, or indecent…”

Complaint Filed by: Alec Hildreth

Hearing: February 20, 2019, 9:00 PM, Konza Room

Determination: Not in violation of Chapter 54-0102-J-12. 

Reason: The board determined that the campaign is not in violation of “campaign materials or activities that are disorderly, lewd or indecent; breach the peace; or aid, abet, or procure another person to breach the peace on university premises or at university-sponsored activities.” Though the chalking was in opposition to the Kelly Spencer Campaign it did not use any language that the board believed would be a violation under this code. 


Complaint 19-11 (2/19/19, 2:41 PM)

Suspected Violator(s): Ryan Kelly

Suspected Violation: 54-0116.H Center for Student Involvement. Only activities related to the procedure of the election shall be permitted in the office space of Student Governing Association or the Center for Student Involvement. Activities include, but are not limited to, educational or training sessions, hearings, mandatory meetings, etc.

Complaint Filed by: Jonathan Cole

Hearing: February 21, 2019, 6:30 a.m., CSI Conference Room

Determination: In violation of Chapter 54-0116-H.   

Reason: The board determined that the video evidence showed the respondent was in his SGA Office at the time the video was taken. The board felt that the language used in the video was related to campaign activities and was not considered procedural discussion of elections as allowed by Chapter 54-0116-H. 

Sanction: The candidate must email an apology to Executive Director for Student Involvement Kelly Farris for inappropriate use of office space by 5pm on Friday, February 22nd. The candidate must CC the voting members of elections board (Kristen Schau, Emily Detiveaux, Ashton Hess).  


Complaint 19-12 (2/19/19, 5:04 PM)

Suspected Violator(s): Ryan Kelly

Suspected Violation: Determination 19-06 states: "The campaign is found to be in violation of Chapter 54-0120-B. The candidate must submit a revised expense report expensing $148.57 for the services provided by Victor Valdez and remove the campaign website. The candidate must also remove the expenses of Campaign Finance, Campaign Management, Social Media Marketing (Lanessa) and Social Media Marketing (Alec) from the expense report. These sanctions must be complied with by 5pm on February 19, 2019."  As of 5:03pm on February 19, 2019, the website is still live.

Complaint Filed by: Mathew Orzechowski

Hearing: February 21, 2019, 7:45 a.m., CSI Conference Room

Determination:In violation of 54-0102-J-11

Reason: The candidate did not comply with the sanction from the Elections Board from Hearing 19_06 upheld by the Student Tribunal, requiring an expense report listing $148.57 for the services provided by Victor Valdez and the removal of expenses of Campaign Finance, Campaign Management, Social Media Marketing (Lanessa) and Social Media Marketing (Alec) from the expense report. The campaign submitted an updated expense report, but did not comply with the sanction and added additional information not required. 

The campaign was also sanctioned in the same hearing to remove their campaign website. The campaign website was still active both at the time of the complaint submission and hearing determination. The board found that the website still being active and changes not made to the expense report are a clear failure to comply with the decision of both the Elections Board and Student Tribunal. The Kelly Campaign was not present for the hearing and presented no explanation or evidence for failing to comply. 

This is a major violation against the Kelly Campaign. It is their 5thviolation overall. The board found that the Kelly campaign has not complied with the regulations of the statutes and the rulings of the Elections Board and should be removed from candidacy for Student Body President. 

Sanction: The candidate is disqualified from the Presidential Election. 


Complaint 19-13 (2/25/19, 1:44 PM)

Suspected Violator(s): Tel Wittmer

Suspected Violation: 54-0115 Restrictions on Distribution of Materials D. E-mails containing campaign language shall not be sent to a Kansas State University Listserv or group messaging of academic or advising natures. For all other university Listservs or group messaging, senders must be presidents or coordinators of the Listserv to which they are sending an e-mail. A candidate running for any office may not post and/or request for a post to be made on any K-State Online or OrgSync page of academic or advising nature

Complaint Filed by: Hayley Spellman

Hearing: February 26, 2019, 8:30 AM

Determination: Not in violation of Chapter 54-0115

Reason: Chapter 54-0115 prohibits emails sent to Kansas State University Listserv or group messaging of academic or advising nature. The board determined that the College of Education Twitter account is not a Kansas State University Listserv or group messaging service of academic or advising nature. Because social media is neither listserv, nor group messaging connected to K-State Online or Orgsync, the candidate is not in violation.