After a series of hearings held over the summer, the Associated Students Inc. Elections Appellate Council decided the three ASI election winners, who were recommended to be disqualified by the Election Complaints Committee, will retain their positions this school year.

Shortly after the election, complaints were filed against ASI Executive Vice President Rylan Gervase, ASI Vice President of Finance Chris Smith and Director of Business Blake Menezes, all of whom are members of Vote Impact.

The Appellate Council decided to overturn the committee’s decision because the evidence presented against them was not clear enough, according to a letter sent by the council to Lori Varlotta, vice president for student affairs.

The disqualification was based on complaints filed and evidence presented by former ASI presidential candidate Vince Vicari against Gervase, Smith and Menezes.

Vicari testified at a hearing held in May that Gervase, Smith and Menezes wore their campaign shirts while participating in the Family Feud event, hosted by KSSU and UNIQUE, on election day in the University Union. Vicari considered this active campaigning and is against the Election Code.

The Election Code defines campaigning as “…making public speeches, displays, or demonstrations in support of…any candidate.'”

“The materials presented by the charging parties to the ECC do not set forth sufficient evidence that the University Union was an absolute “no campaign zone,'” according to the letter from the Appellate Council dated July 21.

Menezes said he was ecstatic about the Appellate Council’s decision.

“Something that had been going on over a course of about two months was finally over and done. It was exciting to know that I was not in jeopardy of losing my directorship anymore,” Menezes said.

Fifteen complaints, including Vicari’s, were filed shortly after the election held in May. Six were against Vote Impact members and eight were written by members of the party against other candidates. All but five of the complaints were deemed without merit and were not heard by the committee.

“I felt like I was obligated to file a complaint,” said Vicari, who presented video recordings and photos from the Family Feud event.

The other complainants were former ASI presidential candidate John Arndt, former ASI Vice President of Finance candidate Sandra Gallo and former ASI Vice President of Academic Affairs candidate Yeimi Lopez, all of whom filed complaints against Martin.

Lopez said Martin had unjustly taken advantage of his vice president of finance office to hold Vote Impact meetings and store campaign materials.

Gallo also testified that Martin used his office for campaign purposes and wore his Vote Impact shirt inside the ASI office, which is a violation of the Election Code. Arndt said Martin had misappropriated funds from the Dollars for Organizations and Clubs, which he chaired.

After reviewing the complaints and the evidence presented, the committee recommended that Smith, Gervase and Menezes all be disqualified from their positions and be replaced by the candidates with the second-highest votes.

The committee also recommended that Martin be fined $100, which would go toward the Tanton/Lara/Ramo scholarship fund. This was in addition to presenting a workshop about Election Codes to spring 2011 ASI candidates, and serving as a guest speaker at Sac State government classes this fall.

On July 21, The Appellate Council reviewed the evidence from the committee hearings and concluded there was not enough evidence to diqualify the Vote Impact members.

The committee’s recommendations on Martin, however, remained intact.

“At the end of the day, the right decision was made with the Appellate (Council),” Smith said.

Vicari said he acknowledges the Appellate Council’s decision and accepts that it is a “done deal.” He, however, stressed that students need to know what is going on at ASI.

“It is in every student’s best interest to keep track of ASI,” Vicari said. “Their decisions affect everyone. They’re held accountable. Student’s should know that.”

Cayla Gales can be reached at [email protected]