CSL upholds
500 name
party rule
Two law students representing the
Amurica (AMP) and Pro-Apathy (PAP)
parties appeared before the Council on
Student Ufe (CSL) Thursday night to
appeal the ASUN Student Court decision
upholding an Electoral Commission rule
requiring 500 petition signatures to place
a party on the ASUN election ballot.
But after a 65 minute closed session,
by a four to three vote, "CSL found the
Student Court has followed appropriate
procedure and, due to this, CSL rejects
the appeal of the PAP and AMP parties,"
Chairman Lyle Young said.
In addition, he said, "the rules
controlling election procedure should be
reviewed in advance of an election to
avoid the political implications of
contesting such rules during an election."
The legality of the U.S. and state
constitutions cannot be decided by CSL,
Young said. The council also considered
whether the Student Court followed due
process and proper procedure in arriving
at its decision, he added.
Wednesday, the court split, 2-2, on the
case filed in behalf of the parties by law
students John Vihstadt and Dennis
Martin, and defended by John Recknor.
Because of the tie, the 500 signature rule
remains in force, according to justice
George Rhodes.
The plaintiffs did not feel the case was
closed and- filed a restraining order with
the Student Court to postpone ASUN
elections until their appeals were heard,
according to Vihstadt. Eleions are
scheduled for March 19.
The appeal was made to CSL in its
function as ' an appelate body for
decisions affecting students, according to
Martin.
Young waived the CSL requirement of
prior review by a CSL subcommittee
because of the time factor involved, he
said.
Under CSL rules for hearing appeals,
Young said, the parties involved must
show that proper procedures were not
followed by the Student Court in making
its decision, that the parties involved were
not given adequate opportunity to
present their cases, or that the decision
was not correctly based on facts.
Kerry Peterson, a candidate from PAP,
said the parties were appealing on the
grounds that the decision was not
correctly based on facts brought out in
the hearing.
He said the question was whether the
rules established by the Electoral
Commission were constitutional and
reasonable, and the decision of the court
did not pertain to those issues.
CSL member Ron Gierhan raised the
question of whether the decision of
constitutionality was to be based on the
U.S. constitution, as the plaintiffs
contended, or on the ASUN constitution,
as the defendants contended.
Paul Byerly, electoral commission
faculty advisor, said that the Electoral
Commission has worked within its power
establishing the rules for the election,
even if some students felt they were
unfair.
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friday, march 14, 1975
daily nebraskan
page 3