Election Rulings - Spring By-Election 2019

Rulings related to the Spring 2109 By-Election will be posted below.

The list of total demerit points assigned will be available here.

Election-related complaints must first be submitted to the Chief Returning Officer at cro@utsu.ca.


Rulings by the Chief Returning Officer
Contact: cro@utsu.ca

Ruling #1

RULING 1.1: Bryan Liceralde’s nomination form did not pass review due to a lack of sufficient verifiable nominators.

RULING 1.2: Mary Boyd’s nomination form did not pass review due to a lack of sufficient verifiable nominators.

RULING 1.3: Keenan Krause’s nomination form did not pass review due to a lack of sufficient verifiable nominators.

RULING 1.4: Sandra Nwaogwugwu’s nomination form did not pass review due to a lack of sufficient verifiable nominators.

RULING 1.5: Kashaf Salaheen’s nomination form did not pass review due to a lack of sufficient verifiable nominators.

RULING 1.6: Amy Iman Coulibaly’s nomination form did not pass review due to a lack of sufficient verifiable nominators.

RULING 1.7: Wajahat Naqvi’s nomination form did not pass review due to a lack of sufficient verifiable nominators.

RULING 1.8: George Kanaan’s nomination form did not pass review due to a lack of sufficient verifiable nominators.

Ruling #2

CRO vs Spencer Robertson

It was brought to the attention of the CRO that there is a challenge with a Facebook banner/event created by Spencer Robertson.  The colourway used and font in the graphic reading “Spencer Robertson for UTSU Vice-President Student Life” is the same as the one you created for your External Affairs campaign in the Spring 2019 Elections.

According to Article VI.1.j.ix (page 19) of the Elections Procedures Code, “Any campaign materials demonstrated to have been used in past UTSU elections are Unauthorized Campaign Materials. Such materials may include, but are not limited to: physical materials like paper, banners, and clothing; consultation or design fees for materials like logos or websites; photos or video footage, etc.”

Spencer Robertson acted quickly to remove the banner from the site when informed and expressed his sincere apologies for the mistake.

No demerit points will be awarded.

Ruling #3

It has been brought to the attention of the CRO that Saadia Nusrat Parisha publically endorsed both Muhtasim Faruque and Ameera Karim during this election.

This constitutes Cross Campaigning.

It is known that Saadia Nusrat Parisha, as one of the UTSU’s Assistant Vice-Presidents, has taken a leave of absence to campaign for Ameera Karim, one of the candidates for Vice-President, Student Life.

But Saadia Nusrat Parisha also endorsed Muhtasim Faruque, a candidate for St. Michael’s College Director. The endorsement took place on Facebook in the form of sharing Faruque’s voting event.  This endorsement on Facebook took place while Saadia Nusrat Parisha was also present as a profile picture in Ameera Karim’s campaign promotion.

According to the definition of a Non-Arm’s Length Party in the Elections Procedures Code, “Non-Arm’s-Length Party means an individual or group that can be shown to have engaged in one or more of the following: i. publicly campaigned with a Candidate; ii. campaigned using a Candidate’s approved physical materials; iii. performed Campaign-related tasks that are not Campaigning on behalf of the Candidate; iv. had their actions which are deemed in violation of the Code publicly defended by the Candidate; v. in the context of an election, had their online content shared or substantively endorsed by a Candidate or by another Non-arm’s-length Party.

Article VI(1)(c) states: Candidates are responsible for actions and violations of any Non-Arm’s Length Party. The CRO reserves the right to investigate and make rulings in exceptional cases.

Article VI(1)(v)(iii) states: No two (2) or more candidates may have their campaign benefit from the same Non-arm’s-length Party.

Under the Demerit Point Schedule, both “Cross-campaigning with a candidate running in a UTSU-run election” and “Benefitting from a shared Non-Arm’s Length Party as per Article VI -1.v” are violations that can be awarded demerit points.

Both Ameera Karim and Muhtasim Faruque responded expediently and acted quickly to rectify the error.

They both removed the related materials from Facebook and sent the CRO quick and sincere apologies.

Saadia Nusrat Parisha also emailed the CRO immediately with a sincere apology and a promise not to violate the regulations related to Non-Arm’s Length Party endorsing again.

No demerits will be issued to Ameera Karim and no demerit points will be issued to Muhtasim Faruque.

Ruling #4

It has been brought to the attention of the CRO that in Bryan Liceralde’s Candidate Statement (see below) that there is an issue of Misrepresentation of Facts

Bryan Liceralde declares himself to have been an:

Experienced Governing Council Undergraduate Representative

The Election Procedures Code defines a Misrepresentation of Facts as:

Misrepresentation of Facts refers to campaign-related content or communications that are not in accord with facts that a candidate or non-arm’s-length party reasonably should have known based on information readily available to all members, and that a voter could rely on in deciding to cast a vote or not cast a vote for a candidate.

To date, Bryan Liceralde has never held the position of Governing Council Undergraduate Representative.

It is acknowledged that it may have been Bryan Liceralde may have intended for the elector to read :

Experienced Governing Council Undergraduate Representative and UTSU presidential candidate

In this second presentation of the sentence, it may have been his intent that the emphasis be on the word candidate as the qualifier for both positions.

Though as it can be seen someone may also read the first phrase separate from the second and not apply the qualifier candidate to each.

Thus the sentence becomes misleading and can be deemed a Misrepresentation of Facts. 

It is not the belief of the CRO that it was Bryan Liceralde’s clear intent to present a Gross Misrepresentation of Facts – which falls into a different category.

The CRO rules that Bryan Liceralde’s statement can be seen to be potentially misleading and deemed a misrepresentation of the facts. The fact being that Bryan Liceralde has never held the office of Governing Council Undergraduate Representative.

As no one can change their Candidate statements at this time, as the voting system is a closed system within which we can not edit any statements while the voting is active – the statement will have to remain as it is.

The CRO deems to award Bryan Liceralde 1 demerit point for a Misrepresentation of Facts. 

Candidate Statement:  [Truncated presentation]

Experienced Governing Council Undergraduate Representative and UTSU presidential candidate

who engaged 336 students during student elections. Current Rotaract club member. [ clipped for brevity]


Rulings by the Elections and Referenda Committee
Contact: chair.erc@utsu.ca

Appeal 1: Liceralde v. CRO

Appeal allowed. Ruling 1.1 of the CRO overturned.

See key arguments, and meeting minutes here.

Appeal 2: Krause v. CRO

Appeal alllowed. Ruling 1.3 of the CRO overturned.

See key arguments, and meeting minutes here.


Rulings by the Appellate Board

Contact: andrew.kidd@utsu.ca