News
ASUM decides Diaz cannot serve if elected
Story by Amy Faxon | April 24, 2008
Montana Kaimin
After five hours of review and discussion of business manager candidate Jose Diaz’s campaign expenditures, the ASUM senate concluded that he overspent by $21.25 and should not be able to take office next year if elected.
Confusion regarding the rules of parliamentary procedure fueled intense debate before the senate reached its decision. Diaz said he plans to challenge the events of Wednesday night’s meeting to the next ranking official who oversees ASUM. ASUM senate is an independent body that has no oversight from the University of Montana. The elections committee chair Rikki Gregory said that the only option Diaz has is to seek legal counsel.
The elections committee has been reviewing Diaz’s campaign expenditures after complaints of Diaz overspending his $100 allowed amount for campaigning was brought to Gregory’s attention.
Diaz and the elections committee met for the third time an hour before the senate meeting to discuss discrepancies concerning Diaz’s expenditures.
The committee amended their original recommendation to say that they find Diaz to have spent between $107.14 and $134.16, which is over the allowed $100 campaign limit for business manager candidates and that he should not be able to take office if elected.
Gregory told the senate that there is nothing in the ASUM bylaws addressing punishments for candidates that have overspent. In the past when candidates have overspent they have been disqualified, Gregory said.
The University of Montana had been involved in a lawsuit with Aaron Flint, who was kicked off ASUM senate for overspending on his campaign, Gregory said. The courts set a precedent saying that if the bylaws are violated, ASUM senate and elections committee can decide a punishment for that candidate.
“We’re following the precedent of the Aaron Flint case,” she said.
Diaz said he feels that if the senate and elections committee didn’t want him to run then they should’ve told him in the first place.
“A couple of people on the committee have started a Jose Diaz witch hunt,” he said.
Business manager Erica Henderson said that if Diaz had come to the committee ahead of time and said he’d overspent on several accounts she would’ve recommended he take down some banners and posters to bring him back under the $100 spending limit.
One issue the senate had with voting to disqualify Diaz from taking office next year was that by approving this they would be choosing next year’s business manager and the student’s votes wouldn’t matter.
Senator Abbey Effertz said she didn’t feel comfortable picking the next business manager, which is what the senate would be doing if they voted that Diaz couldn’t hold office next year.
Hours later in the meeting Effertz said ASUM senate has to uphold its bylaws or the body would fall apart. She said it’s a hard and not fun decision, but it’s what the senate has to do.
Senator Trevor Hunter said the senate has bylaws for a reason and that they can either stand by them 100 percent or not stand by them at all.
Diaz urged the senate to entertain other possible consequences besides disqualification. He said he has admitted that he overspent by a little and has done everything the elections committee has asked him to.
“I’m willing to do anything to stay in the race,” Diaz said.
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Comments
Do you know why Fred Stapleton thinks the Montana Kaimin is an awesome newspaper?
Because the Montana Kaimin delivers sweet news like the article above to his Internet doorstep four days a week.
And what sweet news it is to see Rufio banned from serving as a business manager in charge of student finances when he himself couldn’t even add to $100.
Oops! Sorry! You can’t talk your way out of this one, buddy. This is now your second humiliating failure at student government. But maybe you’ll find something else to fill that gaping hole in your resume. Perhaps you can become a wrestling superstar and fulfill those childhood dreams you can’t seem to release.
I was going to suggest you head back to the Kappa Sigma house to be consoled by your Lost Boys, but, oops I forgot. Kappa Sigma is so ghetto and pathetic it can’t even get a house.
Perhaps, Mr. Diaz, you should take the hint. You’re too old to be playing this little child games. Grow up.
Oh and Kaimin copy editors? Why am I not seeing the following headline on this story:
Senate to Diaz: ‘No way, Jose!’
Posted by Fred Stapleton on 04/24/2008 at 2:53 am
Oh and I love the precious little, “I demand to speak with your supervisor” stunt that Jose pulled.
Um, hello? Do you even know the structure and organization of the body you’re running to be part of?
Unreal! This guy is completely nuts!
Posted by Fred Stapleton on 04/24/2008 at 3:03 am
Wow, I knew that the ASUM didn’t represent students, but I didn’t know they actively prevented them from running for office.
Posted by Sean Bush on 04/24/2008 at 12:59 pm
While Jose may have made mistakes during this campaign season but I will ask that you leave the name of the kappa sigma fraternity out of your slandering. The Kappa Sigma fraternity of which both Jose and I are apart of is indeed not “ghetto and pathetic” but is an up and coming entity. I think that you’ll find that there has been a kappa sigma serving on ASUM since our founding as a colony three years ago. In three years time we’ve managed to raise thousands of dollars, volunteer hundreds of hours of community service, and we’ve set our sights on acquiring a house for our “Lost boys”.
Mr. Stapleton, you can dislike and slander Jose, but leave the good name of Kappa Sigma alone.
Posted by Jon Dempersmier on 04/24/2008 at 1:34 pm
I agree with the message of Mr. Dempersmier. Mr. Stapleton, if you have no knowledge of Kappa Sigma, I would think you have never participated in any of the community service efforts the organization has done. It is irresponsible to make such claims of an organization that has had an impact on the community and campus in such a big way, even if Mr. Diaz is associated with it.
Posted by Christopher Giarratana on 04/24/2008 at 3:37 pm
HAHA! I love how the rest of the Kappa Sigma houseless fraternity is now trying to distance itself from its esteemed leader.
Look out, Jose! You’re losing support from your key demographic!
HA HA!
Posted by Fred Stapleton on 04/24/2008 at 4:25 pm
Mr. Stapleton, never in any of my comments, nor in the comments made by Mr. Dempersmier did we say we did or did not support Mr. Diaz.
Posted by Christopher Giarratana on 04/24/2008 at 5:05 pm
I find it funny that ASUM is now citing the Aaron flint case and saying that they “have” to disqualify Jose. I sat on the elections committee last year and an individual over spent and the committee recommended he write a paper and some other BS. Then we found out he did not use all the material and so he luckily did not over spend and the problem was resolved. Jose to bad Andrea was not there to give you a slap on the wrist. ASUM picks and chooses when to enforce policy that will best fit their agenda. This is not a support for Diaz but rather bringing to light the BS the Kaimin conveniently forgets to report in its paper or sweeps under the rug.
Posted by Scott Gauthier on 04/24/2008 at 8:49 pm
Fred,
I’m not a member of the Greek system but I have started a few groups here at UM and I gotta ask what your deal is with Kappa Sigma. I have met one or two of their members and can say that they are nice enough guys who are just trying to add something new to the whole system.
It is clear that you have some real issues that go beyond this election with that fraternity. I just wish I had some sort of understanding as to why you decided to be so incredibly negative towards a group of people who I’m sure you don’t know.
Cut them a break.
Posted by Jacoby Baker on 04/25/2008 at 12:39 am
