Tuesday, March 2, 2010
Sweet, sweet video evidence
At the risk of giving Mitch Bottoset and Chris Day attention they do not deserve, we give you this YouTube video.
Pay particular attention at the 2:30 mark in the video. A couple of thoughts.
The Code of Elections makes it a violation to "[use] ASUN authority, facilities, funds, or resources for campaign purposes." Section 14(b)(5). A plain reading of that statute seems to indicate that filming campaign videos in ASUN offices is prohibited.
Bottoset and Day (probably for show, given this is intended to be a funny campaign video) appear to pick the lock to ASUN Vice President Charlie Jose's office. Ignoring whether they actually picked the lock, were they authorized to enter that office? If yes, then the only issue is the issue above. If no, is this trespassing or gaining unauthorized entry to an office, in violation of the System Code and state criminal law?
Update: As I initially suspected, the candidates state they were authorized to be in the office. As to my first question, they indicate that even the Election Commission is unclear about how the statute should be applied. Personally, I am torn as to whether this particular instance should be prohibited, never mind if it actually is. In any event, it's clear that this particular statute needs some tweaking to cure its vagueness.
Posts
I was pointed to this by a friend, so I thought I'd comment. I asked Commissioner Todd specifically about this before the video was released. This is how he responded:
ReplyDelete"After watching it I think that will work although you are treading a fine line. Just another example of rules that need to be more detailed...
Thanks!
Jeremiah Todd
Elections Commissioner
electionschair@asun.unr.edu
www.asun.unr.edu"
Also, we had authorization to be in the office.
But hey! Cheers for the publicity!
Two ways the rules get "more detailed," either someone files a case against you, or the Senate does something. So since you're a Senator, you could do one of them. Cheers!
ReplyDeleteIt's pretty awesome that ASUN elections are now about amateur movies and cheap plots rather then ideas.
ReplyDeleteit just goes to show that Mitch and Chris don't play by the rules!!!
ReplyDeletehahaha, this is probably the best thing I have ever seen come out of ASUN elections.
And thorney, obviously they have ideas. Bottoset is a Senator right now. Ever think that this could be a way to differentiate themselves from other candidates so their ideas can actually come to fruition?
This is hilarious.
ReplyDeleteThe official videos sponsored by the Elections Commission were filmed in the ASUN offices. Most of them were filmed in the President's Conference Room.
ReplyDeletehttp://www.youtube.com/view_play_list?p=8EA52EE12BD4AA49
The key distinction there, Shirley, is the Commission's videos are not for "campaign purposes." The videos do not promote one candidate over another. Thus, this appears to be a permissible use of ASUN facilities or resources.
ReplyDeleteThe key distinction here, Sean, is that the Elections Commission told the candidates they were NOT in violation of Elections Code. Therefore, your comments are moot.
ReplyDeleteIf I were Vis Lupi, I'd start commenting on this Rebel invasion... haha
Technically, the Commission didn't decide anything, since the Commission can only decide things by majority vote. See § 2(c) of the Code.
ReplyDeleteFurther, the Commission has no power to provide interpretations of the Code, binding or otherwise, to candidates. Even if it did have the power, the only body that can make a binding determination is the Judicial Council. The Council would give the Commission's interpretations only the weight it believes is desirable.
The only way this will get addressed in any meaningful way is for there to be a case in the Judicial Council or for the Senate to amend the law. Until then, all we're doing is opining about what should be.
So DOT, what has Bottoset actually done with his year as a Senator? Seems like he made a movie last year too, that's all I can really remember. Maybe he should spend less time making movies and more time actually doing his job.
ReplyDeleteShirley, there is a major difference between the commission filming their own videos and using ASUN resources and a candidate doing it. I would hope someone running for VP would understand a simple concept like that. Maybe a little less UNITY and a little more KNOWLEDGE.
Oh and Greg, if you actually read the rules, the Commission isn't the final decider on what is a violation. That's probably why Todd told them it needed more detail, as in someone challenging it and a case being filed. Too bad we can never seem to actually hire an Attorney General who does their job and prosecute violations to test the law. If I were a candidate I'd run and do whatever the fuck I wanted because history tells me that nothing will ever come of it. The Senate couldn't even get their new $50 "deposit" right and it had to be corrected by the Commission and the Judicial Council.
ReplyDeleteWhile I am not in the business of defending asun officials, it is clear that you have no knowledge of what goes on in ASUN. If we are simply discussing campaigning, then I will concede that Bottoset goes for comedy.
ReplyDeleteHowever, he has written legislation, is an active member at the table, and is the University Affairs Chairman. I believe he was also chairman of winter interim.
I wouldn't say he is outstanding senator of the year, but he has done a hell of a lot more than most people at that table. AND he has a sense of humor too.
Dot
Something tells me that nothing will happen to the candidates. If they asked the Elections Commissioner if what they were doing was against the rules and he said no, then I would be very surprised if the Judicial Council would penalize them, as they did everything in their power to follow the rules.
ReplyDeleteBut you don't really care about that do you? You just don't like rules broken the way you interpret them.
To everyone else, I don't think you should fault candidates for trying to get elected. If they use comedy, all the power to them.
hahahaha, to me, rooting out a Rebel conspiracy is important to ASUN
ReplyDeleteMaybe them rebels are helping unr SFL?
ReplyDeleteAnonymous, if you seriously UNLV students would give a shit about ASUN, then you are mistaken.
ReplyDeleteEric, it was a joke.
ReplyDeletei happened to read the live blog of this past meeting. i saw something very interesting when they were discussing the outstanding senator of the year award:
ReplyDelete"One senator nominated Mitch Bottoset, but he declined the nomination."
that shows class. which is more than any of the other nominees showed. bishop and hostmeyer were the only two who deserved to be argued for.
The practice for at least the past 5 years or so was that the vote for senator of the year does not occur until after the general election, so as to not give an incumbent an advantage. For whatever reason, it was done before the election this year.
ReplyDeleteI like how when DOT tries to defend himself(?) he lists, "he was a chair, he wrote stuff." Can't even name one thing that's actual of consequence. Nice.
ReplyDeleteClearly I am not defending "myself" or I would have put in more specifics?(?)
ReplyDeleteI like how when somebody does defend the actions of another, anonymous people claim it isn't "actual of consequence." Nice. Asshole.
I also like how an anonymous poster is trying to guess at the identity of another anoymous poster.
ReplyDeleteNice.
I like how the DOT posting on here isn't even the real dot but that'd ok i like how its everyones new anonymous name death on a triscuit will live on forever even if the real dot isn't posting anymore
ReplyDeleteI like all this attention. Thanks Vis Lupi!
ReplyDeleteJust so we're clear, I'm Greg G, Mr. Green, GG. I've been called Emerson, gadfly, deep throat, baby killer, and a few others I'm sure. You're welcome to use my name as it wouldn't be the first time. Just try not to sound like an idiot.
ReplyDeleteOk Kealy just as long as you don't use dot
ReplyDelete