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Final Ruling
This is a decision of the Elections committee regarding Tristan
Dnomme(candidate for the position of VP Finance) regarding an
appeal that has beenfiled in response to a number of rulings of the
Chief Electoral Officer's toinfractions of Mr Dnomme's campaign
during the SFUO General Election of2011.
The Elections Committee has examined this appeal in detail
including areview of all related complaints and appropriate email
communicationsbetween the Elections office and outside parties. As
a result, the ElectionsCommittee has established that during the
General Elections period datingFebruary 6 to 18 2011, Mr Tristan
Dnomme's campaign has committedthe following infractions:
Publication of false statement of fact in relation to the
personalcharacter or conduct of a candidate
Posting in unauthorized location Failure to comply with a minor
penalty regarding the publication of
false statement of fact in relation to the personal character or
conductof a candidate
Failure to comply with a minor penalty regarding unauthorized
postinglocation
Failure to comply with a major penalty Breach of procedure in
dealings with the election authorities
The sanctions imposed throughout the campaign respected the
principles ofprogressive discipline, as per article 18.3.1 of the
Electoral Rules thus
allowing the candidate to rectify the infraction. As described
in article 4.4.1 ofthe SFUO Constitution, it is the role and
responsibility of the Chief ElectoralOfficer to oversee and
carry-out the General Elections and to adhere to theSFUO
Constitution as well as enforce the Electoral rules.
The infractions above are serious and demonstrate a lack of
respect for therules, procedures and designated authorities in
charge of conducting theGeneral Election as appointed by the Board
of Administration.
Our review of the complaints and penalties applied to this case
have shownthat the candidate systematically failed to respect the
rulings made by theChief Electoral Officer or the Elections
Committee. The failure to comply with
the ruling during the campaign period have resulted in an unfair
andinequitable process to elect the position of VP Finance. This
context made itimpossible for the Chief Electoral Officer and the
Elections Committee toensure a fair and democratic outcome as all
progressive disciplinarymeasures were exhausted without full
compliance. The Elections Committeeis thus obligated to resort to
the ultimate measure and disqualify TristanDnomme as a candidate
for the position of VP Finance.
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The Elections Committee will also be considering an additional
infraction. It isour belief that Mr. Dnomme has surpassed the
elections expense limit of$250. As defined in article 18.3.3 of the
Election Rules, candidates mustrespect the expense limit. The
Elections Committee considers this aninfraction pending receipt of
a full break-down of website-related costs fromthe candidate,
including but not limited to: domain name, hosting, templatesfor
www.votetristan.net as well as for www.smithgreg.ca.
As this decision has an effect on the preliminary election
results posted priorto this date, Mr. Dnomme will be given five (5)
business days fromMonday, February 28, 2011, until Friday, March 4,
2011, at 5pm to appealthis decision. All relevant documentation to
a subsequent appeal must besent by Friday March 4th at 5pm to the
Chairperson of the Board ofadministration with the Chief Electoral
Officer and Elections committee in CC.The Elections Committee
remains available to respond to questionsregarding its decisions or
the appeal process.
The Election Committee
