KennedyShaffer v' SBA

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Kennedy-Shaffer v. SBA

• Challenging the Student Bar Associations
  appointment of Student Assembly senators, and
  seeking the direct popular election of Student
  Bar Association senators.
• Case Number RB 315-002
• Filed on September 2, 2007
• Hearing Sunday, Sept. 23, 2007
• Petitioners Alan Kennedy-Shaffer, SBA
  member Joe Luppino-Esposito, 2008 Senator,
  Chairman Emeritus

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Why ELECT all senators?

• The law the Student Assembly constitution and
  code guarantee all students the right to ELECT
  our own senators.
• The principle elected senators are more
  responsive to their constituents and more
  representative of their constituencies than
  unelected senators.

EXHIBIT A Kennedy-Shaffers Op-Ed
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Constitution ELECTION
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY 2003 VERSION ARTICLE
I LEGISLATIVE BRANCH Section I Creation of the
Senate II. THE SENATE SHALL BE composed of
members CHOSEN IN ELECTION every year by the
students of the College. There shall be sixteen
Undergraduate Senators. Chosen, four per Class,
by the members of that Social Class. There shall
be six Senators from the Graduate Schools,
apportioned among the Schools as the Graduate
Council shall designate, provided every School is
represented by at least one Senator.
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APPORTIONMENT
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY ARTICLE I
LEGISLATIVE BRANCH Section I Creation of the
Senate II. The Senate shall be composed of
members chosen in election every year by the
students of the College. There shall be sixteen
Undergraduate Senators. Chosen, four per Class,
by the members of that Social Class. There shall
be six SENATORS from the Graduate Schools,
APPORTIONED among the Schools AS THE GRADUATE
COUNCIL SHALL DESIGNATE, provided every School is
represented by at least one Senator.
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ELECTED CHOSEN
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY ARTICLE V
ELECTIONS Section III SENATORIAL, Class and
School OFFICER ELECTIONS IV. Graduate SENATORS
shall be sent, and Graduate School OFFICERS
CHOSEN, as the Graduate Council shall designate,
provided that Senators and Officers are selected
no later than the last Tuesday of the following
September.
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY ARTICLE I
LEGISLATIVE BRANCH Section V Creation of the
Class and School Officers II. Each Graduate
School shall ELECT a President, Vice President,
Treasurer, Secretary and other such
REPRESENTATIVES and council members as they see
fit. These School OFFICERS, when in meeting,
shall be known as the Graduate Council. This
Council shall have legislative authority only on
matters that are internal to the Graduate Schools.
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ELECTED SENT
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY ARTICLE V
ELECTIONS Section III SENATORIAL, Class and
School OFFICER ELECTIONS IV. Graduate SENATORS
shall be SENT, and Graduate School OFFICERS
chosen, as the Graduate Council shall designate,
provided that Senators and Officers are selected
no later than the last Tuesday of the following
September.
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY ARTICLE I
LEGISLATIVE BRANCH Section V Creation of the
Class and School Officers II. Each Graduate
School shall ELECT a President, Vice President,
Treasurer, Secretary and other such
REPRESENTATIVES and council members as they see
fit. These School OFFICERS, when in meeting,
shall be known as the Graduate Council. This
Council shall have legislative authority only on
matters that are internal to to the Graduate
Schools.
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ELECTED SELECTED
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY ARTICLE V
ELECTIONS Section III SENATORIAL, Class and
School OFFICER ELECTIONS IV. Graduate Senators
shall be sent, and Graduate School officers
chosen, as the Graduate Council shall designate,
provided that SENATORS and OFFICERS are SELECTED
no later than the last Tuesday of the following
September.
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY ARTICLE I
LEGISLATIVE BRANCH Section V Creation of the
Class and School Officers II. Each Graduate
School shall ELECT a President, Vice President,
Treasurer, Secretary and other such
REPRESENTATIVES and council members as they see
fit. These School OFFICERS, when in meeting,
shall be known as the Graduate Council. This
Council shall have legislative authority only on
matters that are internal to to the Graduate
Schools.
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Plain Meaning ELECTION
The first definition for the word elect on
dictionary.com is to choose or select by vote,
as for an office to elect a mayor. In other
words, an election is a selectionand the use of
the word select in Article V, Section 3.4 is
completely consistent with the section of the
Constitution stating that all Senators must be
elected. In the vernacular, the verb sent is
used to describe the action taken by voters as
they send whomever is selected to the
legislature, governor's mansion, etc. to
represent them. The SA constitution is
decisively clear in its requirement that graduate
senators must be voted into office...If the
students that passed the constitution had wanted
graduate senators to be appointed, they simply
would have used that word. - Senator Will
Coggin (Class of 2007)
EXHIBIT B Senator Coggins Reply
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Tradition ELECTION

• THE CONSTITUTION of the STUDENT ASSEMBLY of the
  COLLEGE OF WILLIAM AND MARY
• PRE-2003 VERSION
• ARTICLE I LEGISLATIVE BRANCH
• Section I Creation of the Senate
• Section III The Senate
• The Senate shall consist of
• 1. eight (8) Undergraduate Class
  Representatives to be ELECTED by their respective
  classes
• 2. five (5) Graduate Council Representatives to
  be ELECTED by their respective schools
• 3. two (2) Undergraduate At-Large
  Representatives to be ELECTED by Undergraduate
  Student Body

EXHIBIT C The pre-2003 constitution
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Original Intent ELECTION
THE CONSTITUTION of the STUDENT ASSEMBLY of the
COLLEGE OF WILLIAM AND MARY FIRST DRAFT of the
2003 VERSION ARTICLE I LEGISLATIVE Section I
Creation of the Senate II. THE SENATE SHALL BE
COMPOSED OF MEMBERS CHOSEN IN ELECTION every year
by the students of the College. There shall be
eighteen Senators from the Undergraduate classes,
chosen five from each Class by the members of
that Class. There shall be eight Senators from
the Graduate Schools, APPORTIONED AMONG AND SENT
BY the Schools as the Graduate Council shall
designate, provided every School is represented
by at least one Senator.
EXHIBIT D 2003 Draft Constitution 1.0
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Code ELECTION
THE CODE of the STUDENT ASSEMBLY of the COLLEGE
OF WILLIAM AND MARY CURRENT VERSION TITLE 2 THE
LEGISLATIVE BRANCH Chapter 1 The Bylaws of the
Senate 2.1-2 Membership 2-1-2.1 Election THE
MEMBERS OF THE SENATED SHALL BE ELECTED according
to the guidelines created by the Election
Committee. The composition shall be in
accordance with the structure indicated by
Article I Section 1 Clause II of the
Constitution of the Student Assembly. (09 Apr
2003, SB 310-005)
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ELECT all senators

• The Constitution The Senate shall bechosen
  in election.
• Plain Meaning If the students that passed the
  constitution had wanted graduate senators to be
  appointed, they simply would have used that
  word.
• Tradition The Senate shall consist offive
  (5) Graduate Council Representatives to be
  elected by their respective schools.
• Original Intent The Senate shall bechosen in
  electionSenators from the Graduate Schools
  shall be apportioned among and sent by the
  Schools as the Graduate Council shall designate.
• The Code TheSenate shall be elected.

EXHIBIT E Review Board Petition