after a hearing
, the Election Board finds that provisions of either this Code or decisions, opinions, orders, or rulings of the Election Board have been violated by a
candidate, or a candidate’s agents or workers, has committed a Class D violation, the
Election Board may disqualify the candidate.
is defined and as the procedures mandate, the ESB erred in that the actions theyhave taken are explicitly granted to the ESB only
after a hearing
. Thereby the actions takenby the ESB were not procedurally valid by acting without a
The ESB erred in their ruling in that they did not act within the election code
Decisions, orders, and rulings of the Election Board must be concurred to by amajority of the Election Board present and shall be announced as soon as possible after the hearing. Such decisions may be delivered orally or in writing. The Election Board shall issue a written opinion of the ruling within twenty-four (24) hours of announcement of the decision. The written opinion must set forth the findings of fact by the Election Board and the conclusions of law in support of it.
Written opinions shall set a precedent for a time period of three election cycles for Election Board rulings and shall guide the Election Board in its proceedings.
Upon consideration of prior written opinions, the Board may negate the decision but must provide written documentation of reasons for doing
Particularly the following:
it was not shown that the responding party acted
in a willful and blatant manner
that would justify disqualification from the election
Also, particularly the following statement as cited in
all evidence submitted and distributed at the time of filing before the commencement of the hearing
The Election Supervisory Board did not follow precedent set by not only previous rulings but
by this year’s ESB
, in that they considered evidence that was not submitted and distributed atthe time of filing before the commencement of the hearing. Instead, they ruled on evidenceimproperly submitted, not distributed, and by a member of the ESB.5.
Further, ESB erred in they failed to follow or consider the following as established by theelection code in
Violations of the Code shall be divided into four classifications:(a) Class A violation shall result in a fine.(b) Class B violation shall result in a moratorium of campaigning.