CAMPUS AND AREA University Daily Kansan, November 18, 1983 Page Momentum seeks new decision on ballots By JOHN HANNA Staff Reporter The Momentum Coalition today will appeal a decision that invalidated ballots marked "Momentum" in this week's student body presidential elections. The coalition also asked for a recount. The decision may have cost Momentum candidates Kevin Walker and Mark McKeen the highest offices in the Student Senate. The difference is greater than the Priority candidates Scott Swenson and Dennis Strickland. The coalition objected to a decision made by Elections Review Board chairman Julie Menze that invalidated write-in ballots for president and vice-president marked "Momentum" instead of with the candidates' names. Her decision was presented in a statement read by Chris Edmonds, elections secretary, at about 8 p.m. About ten minutes after the official vote totals were released, Momentum campaign chairman Russell Ptacek submitted an official petition for the appeal to Jim Clark, chairman of the Student Senate Committee. The petition was written in longhand on notebook paper. MOMENTUM WILL present its appeal at a formal hearing before the Elections Review Board at 1 p.m. in the Wheat Room of the In all, 114 ballots were declared invalid in the election. Election officials said that they were unable to determine just how many invalid ballots were marked "Momentum." According to Clark, they will not know until a recount is finished. However, Ptacek said that he thought "at least 50" of the ballots were votes for Momentum. "TT IS OUR feeling that the clear intent of such marked ballots was as a vote for Kevin Walker and Mark Garner," he wrote in the petition for appeal. In her statement, Menze said that Walker and McKee had no exclusive right to use the name "Momentum" for their campaign because they had not met the Oct. 17 filing deadline for candidates. Senate regulations state that a candidate must file on time to be a part of an official coalition. Therefore, "Momentum" did not officially represent Walker and McKee, Edmonds said, and could not be counted as a vote. The other leaders marked "Momentum" could be considered a vote for any of the coalition's members. However, Ptacek that voters who had marked their ballots "Momentum" obviously were voting for Walker and McCain. The momentum posters and they had campaigned mostly as a part of the coalition. "THE REASONS for not counting them as votes for the presidential and vice-presidential candidates were late in the elections," he said. In her statement, Menze also said that Kansas law governing the election required that a write-in ballot be cast by all voters to the candidates to avoid ambiguity. "This is consistent with the election rules that have been followed at this University in the past and with the rules that have been followed as guidelines for this campaign and election," she wrote. However, Platek said that it was not specifically known that state laws covered the elections. Menze said that the Senate followed the "highest available" laws in its elections regulations. If the appeal fails, the Momentum Coalition will be allowed to appeal to the University's Judicial Committee. However, Ptacek said he thought the Elections Review Board would rule in Momentum's favor. ny DONNA WOODS Staff Reporter Freedom Coalition incurs $800 fine The student body election has not ended for the Freedom Coalition, whose members were shaken last night by an attack in Charlottesville on the Freedom Coalition for alleged campaign violations. The coalition, which finished last in the Student Senate elections, accrued a fine of $400 because it affixed campaign posters in four buildings with tape, said Chris Edmonds secretary of the Democratic Review Board that assessed the fine. However, Steve Bergstrom, presidential candidate for the coalition, said that members of the Elections Commission before the grace period had ended Senate code states that posters cannot be hung with an adhesive sticker. AFTER THE Student Senate Elections Committee discovered the infraction early Wednesday morning, it gave the student a penalty for the posters without incurring a penalty. Greg Haunschild, vice presidential candidate, said that Jim Clark, Elections Committee chairman, had assured the coalition members that he would seek a repeal of the fine because the grace period had not been upheld. The second fire of $400 was levied because four posters were found on the outside of Learned Hall, Edmunds said. the grace period had not been upheld. Freedom coalition members deny having fastened the posters to the building and say that they will fight for a repeal. Although disturbed by the fines, Bergstrom and Haunschild said they were not disappointed with the campaign. "WE THOUGHT that it would be surprising if we won," Bergstrom said. "We did not campaign nearly as hard as Priority or Momentum, and therefore, we cannot legitimately expect the same results. "When you are an outsider, it is very difficult to win an election." But Freedom Coalition members agreed that this election was only the their first appearance and that the Republican candidate will be in next year's Student Senate elections. "The Freedom Coalition is not going to die this year and shrivel in and blow away." Bergstrom said shortly before the results were announced. "We will be in the election next year regardless of the outcome." "There is a possibility that we might not be the outside coalition next year. It depends on who rises from the Senate a leader." The Freedom Coalition's final tally of 246 votes, nearly 800 votes behind the winners, did not daint the spirits of this year's coalition members. HAUASCHILD SAID that despite the coalition's comparatively low vote, they had played a key role in the campaign. The Freedom Coalition's platform called for termination of mandatory fees, and that was the only significant issue of the campaign, he said. "Our views definitely got ex-pressed," he said. We discussed the issue with Mr. Cain. 'We knew we were taking a chance on that issue, but if we didn't throw ourselves in and create issues, we knew we wouldn't stand a chance.' Haunschild said he thought that the coalition's stance had helped bring about a near-record voter turnout. Both Haunschild and Bergstrom also said that they did not agree with the Senate Elections Committee decision to disqualify write-in votes that said "Momentum" and did not specifically list the presidential running team. 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