October 18, 1999
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Former vice president disagrees with Butler's interpretation of constitution, election bylaws

by Joe Harris
senior editor


Former Student Government Association vice president and current graduate-school representative, Michael Rankins said the SGA must hold a special election to choose a vice president.

The status of the election has been uncertain. The SGA constitution states that a special election must be held to fill the spot left by Carrie Mowen because she resigned before Dec. 1. SGA president Darwin Butler said he wants the election canceled. He has appointed Steven Wolfe as interim vice president and Butler said the election bylaws state that Wolfe is the vice president, hands down.

The bylaw in question states that if a vacancy among representatives occurs after the start of the fall semester, then the person with the next highest vote total would fill the seat. Wolfe came in second to Mowen in the April elections.

Rankins said he disagrees with Butler's interpretation of the constitution and its bylaws.

"We have a section [in the constitution] that describes if the vice- presidency is vacated before Dec. 1, then a special election shall be held," Rankins said. "So that tells us exactly what to do with the vice-presidency."

Rankins said the bylaw that Butler is using to try to cancel the election only applies to general assembly representatives for areas such as the college of arts and sciences, the graduate school, and freshmen.

Rankins said Butler's interpretation of the constitution does not take into account the constitution's separate procedure for filling the offices of the president, vice president, and comptroller in case of vacancy.

"When you have a direct, succinct description of what is to be done when a position is vacated . . . that one will supersede because it is a specific remedy for the situation," Rankins said.

Butler said the bylaw is not specific enough.

The bylaw "says elected representatives," Butler said. "Am I correct to say that we are elected representatives as president and vice president? I think it pertains to us."

Butler said the matter will be referred to the Student Court. He said he has already discussed the matter with Student Court chief justice Steve Bartok and that further meetings are expected.

"I'm trying to talk with the entire Student Court," Butler said. "They have some issues they are trying to resolve and I'm trying to meet with them as a whole body."

Bartok was unavailable for comment.