dELECTION COMMISSION HEARING DECISION

RE: Divy Agnihotri and Megan Fleming, Executive Ticket

EARLY CAMPAIGNING - Sec. 5.1; 5.6

Count I
After due consideration, The University Park Undergraduate Association
Elections Commission has determined that the Divy Agnihotri/Megan Fleming
Executive Ticket has violated the above mentioned sections when creating
and publishing a private Twitter account. The respondents admit that
@votedivyfleming was a private account created prior to the commencement
of campaigning on March 14, 2016. The screenshot that was provided to the
Elections Commission goes beyond the allowances of the code. The
screenshot shows content including a banner and description that promotes
the candidates, increasing name recognition and campaign platform. The
vote on this count was unanimous (5/5).

Count II
After due consideration, The University Park Undergraduate Association
Elections Commission has determined that the Divy Agnihotri/Megan Fleming
Executive Ticket has violated the above mentioned sections when creating
and publishing a website with content. The respondents contested that
Votedivyfleming.com was published prior to the commencement of
campaigning on March 14, 2016. However, five witnesses, including Deputy
Commissioners Eric Love and Jesse Weber, have affirmed that they saw this
website and its contents prior to the start of the campaigning period. The
vote on this count was unanimous (5/5).

MUTUAL ENDORSEMENT Sec. 9.2; 9.4

After due consideration, The University Park Undergraduate Association
Elections Commission has determined that the Divy Agnihotri/Megan Fleming
Executive Ticket has not violated the above mentioned sections. The
Elections Commission found that the testimonies given during the hearing
were conflicting and unclear. Therefore, The Commission has ruled that the
evidence provided was insufficient to support a violation and subsequent
sanction. The vote on this count was four of five (4/5).

SABOTAGE Sec. 5.3.3

After due consideration, The University Park Undergraduate Association
Elections Commission has determined that the Divy Agnihotri/Megan Fleming
Executive Ticket has not violated the above mentioned section. The above
mentioned section states that Sabotage is defined as engaging in the
removal, destruction, or mutilation of another candidates campaign
paraphernalia or encouraging others to perform such acts. We have
concluded that at no point did the Divy/Fleming campaign or their campaign
staff destroy the campaign materials of Anthony Mitchell, nor did they
encourage others to do so. The vote of the commission on this count was
unanimous (5/5).

SABOTAGE BY OBSTRUCTION TO FAIR CAMPAIGNING SEC 1.2

After due consideration, The University Park Undergraduate Association
Elections Commission has determined that the Divy Agnihotri/Megan Fleming
Executive Ticket has violated the above mentioned section. The testimony of
Rachael Harrison informed The Commission that she felt pressured to go to
the HUB after receiving a message from Abigail Baker, campaign manager to
the Divy Agnihotri/Megan Fleming Executive Ticket, informing her to distract
[Anthony Mitchell] and that she believed that the Divy/Fleming ticket and
campaign staff wanted her to intervene with Anthony Mitchells ability to
obtain signatures on his petition for the Executive Ticket ballot position.
Section 1.2 of the Election Code states the following, The purpose of The
Elections Code is to ensure proper, fair, efficient, and standard means of
election []. Furthermore, all candidates, including the Divy/Fleming
Executive Ticket signed a pledge stating that they [] commit to a fair and
efficient election through adherence to and respect for the Elections Code of
2016. The Commission has determined that the Divy/Fleming Executive
ticket and their staff encouraged Rachael Harrison to obstruct Anthony
Mitchells ability to seek candidacy and by virtue, obstructed his ability to
conduct his campaign fairly. Regardless of whether or not Mr. Mitchell
decided on his own volition to pursue candidacy, The Commission has
determined that the evidence we were provided supports the charge that the
Divy/Fleming Executive Ticket had an intent to prevent Mr. Mitchell from
fairly seeking candidacy and by virtue, to pursue a fair campaign. The vote of
the commission on this count was unanimous (5/5).

SLANDER Sec. 5.3.1

After due consideration, The University Park Undergraduate Association
Elections Commission has determined that the Divy Agnihotri/Megan Fleming
Executive Ticket has violated the above mentioned section. The Election
Commission determined that the evidence we were provided supports the
charge that the Divy/Fleming Executive Ticket encouraged others to
commit defamatory remarks. We reject the respondents rationale that
because no article was written against the Ford/Jordan Executive Ticket there
was no violation. Additionally, the testimony of Ryan Belz, who stated that he
and John Wortman had been planning to write an article for a year, was of no
consequence. The fact that these individuals had planned to write a
defamatory article prior to being reached out [to] by the Divy/Fleming
campaign does not excuse or act as a defense in favor of the ticket in
question. The encouragement of defamatory remarks, regardless of the
outcome or the origin, is a violation of the Elections Code. The vote on this
count was unanimous (5/5).

SANCTIONS
Violation of Sec. 5.1; 5.6 Reduction of Spending Limit: 8%
Violation of Sec.1.2 Reduction of Spending Limit: 10%
Violation of Sec. 5.3.1 Reduction of Spending Limit: 17%

Total Reduction in Spending Limit: 35%

CONSQUENCES OF SANCTIONS
The Deputy Commissioner for Candidacy has determined that the above
mention sanctions have resulted in a 35% reduction in the $600.00 spending
limit for the Divy/Fleming Executive Ticket. The new spending limit in light of
the sanctions is $390.00. To date, the Divy/Fleming Executive ticket has
spent $431.50. As result, the above mentioned sanctions have resulted in
the Divy/Fleming Executive Ticket exceeding their spending limit. Pursuant to
Sec. 7.5 of the Elections Code, the Divy/Fleming Executive Tickets candidacy
has been disqualified.

Authored by: Eric Love, Deputy Commissioner for Candidacy

Approved by: 2016 University Park Undergraduate Association
Elections Commission Hearing Board