John Magliolo will not be allowed to run for University Center for Advising and Counseling treasurer following the Student Government University Court ruling to uphold a lower court’s decision that he did not complete proper filing requirements.
In a 4-0 vote with two abstentions, the court overruled Magliolo’s appeal — argued by Ralph Johnson, a political science junior who represented Magliolo — that the lower court’s ruling was based on an invalid argument.
Magliolo, who was attempting to run on the “In Focus” ticket, filed his intention to run with the Election Board prior to the April 23 deadline, but did not sign the “filing notebook” — an unofficial record the election board requires every candidate to sign during the filing process.
The board uses the notebook to make official ballots.
The only official parts of the filing process outlined in the election code are filing an intent to run and the Election Board’s verification of a candidate’s eligibility, which depends on GPA, full-time student status and academic or disciplinary probation.
Devin Reid, SG commissioner of elections, said while the “filing notebook” is not mentioned in the SG election code, the code does give the Election Board administrative rights to institute other practices, such as the “filing notebook.”
Reid said the Election Board has several other administrative practices for prospective candidates to fulfill.
Candidates must complete an online form on PAWS with basic biographical information and a “filing checklist” in addition to the “filing notebook.”
The SG administrative practice is for candidates to complete the “filing checklist” to confirm they have followed all election code and administrative steps in the filing process.
While Magliolo did not sign the “filing notebook,” he did sign a “filing checklist” and checked that he had signed the “filing notebook.”
Reid provided the court with a copy of Magliolo’s completed checklist.
Magliolo said he signed the checklist but did not sign the “filing notebook” because he was not aware the step was necessary.
He said when he approached the poll worker, he was told to check everything off and sign the form because he had done everything.
Magliolo said he did not see a poster, which Reid showed in the hearing, that outlined the steps.
Reid said the poster was visible to everyone.
Magliolo said the poll worker was not prepared to work the table.
“He told me, ‘If you have any questions, don’t ask me. I can’t answer them,’” Magliolo said.
Reid maintained in court that it was not the responsibility of the poll worker or the Election Board to make sure candidates filed properly.
Reid presented the ruling of the University Court from 2002 in Smith v. Election Board as a guideline for deciding the case. In the Smith case, Meredith Smith was running for senator of University Center for Freshmen Year.
Smith had filed an intent to run, but also had not signed the “filing notebook.” But she did not realize that she was left off the ballot until halfway through the day of the election.
In that ruling, the University Court said it is the responsibility of the candidate to file properly.
Johnson said the Smith case could not be used to decide this case because Smith did not appeal until after the election began.
Chief Justice Neal Hebert said that he personally agreed with Johnson’s argument, but the decision of the lower court was based on the SG election code.
Magliolo said he was discouraged by the proceedings.
“It was my understanding the purpose of Student Government was to encourage student involvement on campus,” he said. “I feel, because of an honest mistake, I am being punished and it’s very discouraging for me to want to be involved with Student Government in the future.”
