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ASCSU bill bans anonymity in all campaign complaints
Madeline Novey
Issue date: 4/28/09 Section: News
When asked if eliminating anonymity would hinder the democratic process Guilfoyle said, "That's interesting. I feel like if there was a huge rule that was broken it will prevent a person from filing." He added, however, that this would depend on how outspoken an individual was and if they were willing to go on the record.
He said the legislation could result in one of two scenarios: It would either "fuel more complaints or the complaints will go down in number." He further explained opponents and their supporters may file "retaliation complaints" after learning the names of those who submitted complaints against their campaign.
Von Bokern opposed Guilfoyle's position.
"If you feel a complaint is legitimate, you shouldn't be afraid to put your name behind it," he said, saying he didn't think the bill would deter people from reporting campaign offenses.
While all three couldn't be sure who submitted complaints in the 2009 election because they were anonymous, they said they could assume the majority came from ASCSU members, most of whom pledged allegiance to a particular campaign.
ASCSU President Elect Dan Gearhart said he had no comment on the effects of the legislation because he "had just come out of the election."
Taylor Smoot, the current ASCSU president, said, "I think that the way it was before was wrong and unconstitutional," noting that this legislation was something that he had been advocating for over the years.
"Anybody who is persecuting you, you have the right to know who that person is …" he said, saying that the anonymous complaints were a violation of due process as defined by the U.S. Constitution.
Assistant News Editor Madeline Novey can be reached at news@collegian.com.
He said the legislation could result in one of two scenarios: It would either "fuel more complaints or the complaints will go down in number." He further explained opponents and their supporters may file "retaliation complaints" after learning the names of those who submitted complaints against their campaign.
Von Bokern opposed Guilfoyle's position.
"If you feel a complaint is legitimate, you shouldn't be afraid to put your name behind it," he said, saying he didn't think the bill would deter people from reporting campaign offenses.
While all three couldn't be sure who submitted complaints in the 2009 election because they were anonymous, they said they could assume the majority came from ASCSU members, most of whom pledged allegiance to a particular campaign.
ASCSU President Elect Dan Gearhart said he had no comment on the effects of the legislation because he "had just come out of the election."
Taylor Smoot, the current ASCSU president, said, "I think that the way it was before was wrong and unconstitutional," noting that this legislation was something that he had been advocating for over the years.
"Anybody who is persecuting you, you have the right to know who that person is …" he said, saying that the anonymous complaints were a violation of due process as defined by the U.S. Constitution.
Assistant News Editor Madeline Novey can be reached at news@collegian.com.
Viewing Comments 1 - 1 of 1
Jeff
posted 4/28/09 @ 1:05 AM MST
I imagine this will be challenged-- although the Confrontation Clause of the Sixth Amendment does guarantee the right of "the accused" to face his accuser, one of the most protected elements of the First Amendment is the right to anonymous, political speech; mix that in with the right to file grievances with the government and you have a pretty compelling argument to get this overturned. (Continued…)
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