Madison Gardner and Antonio Guevara disqualified by ESB

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Madison Gardner listens to his running mate Antonio Guevara speak at Monday night’s SG debate. Gardner and Guevara were disqualified by the Election Supervisory Board for associating their campaign with Student Events Center presidential candidate Carissa Kelley, but will be appealing the ESB’s decision.

Photo Credit: Andrea Macias-Jimenez | Daily Texan Staff

Update on Feb. 23 at 11:37 p.m. - The SG Judicial Court has declined Gardner and Guevara's appeal of the ESB decision. The ESB decision stands and Gardner and Guevara are officially disqualified from the SG presidential race. As of now, John Lawler and Thor Lund are the only remaining presidential candidates.

Update at 1:30 a.m. - Gardner said his campaign plans to appeal the decision. "Our friends and supporters agree that this is the right thing to do and that the next student body president and vice president should be decided by the students," he said. "I will be the first to recognize that we made a mistake but I strongly feel that the resulting disqualification was excessive."

Gardner said his campaign took the picture for his promotional materials on Jan. 21, at which time Kelley told them she did not have the intent to run. Gardner said he does not know when the hearing will take place yet.

Update at 11:45 p.m.- Jasmine Kyles, who filed the complaint against Gardner and Guevara, released a statement on her website reading she did not act with malice when she submitted the complaint. SEC presidential candidate Carissa Kelley declined to comment. ESB vice-chair Truc Nguyen said it was not clear whether Kelley would be disqualified as that case has not reached the ESB.

Student Government presidential candidate Madison Gardner and running mate Antonio Guevara were disqualified by the Election Supervisory Board for associating their campaign with a candidate in another race.

The campaign came under fire for including Student Events Center presidential candidate Carissa Kelley in their promotional materials and online website. Only the presidential and vice presidential candidates are allowed to campaign together, according to the Election Code. All candidates in the campus-wide elections must campaign separately and any violation of this can be subject to immediate disqualification.

Broadcast journalism junior Jasmine Kyles filed the complaint against Gardner and Guevara, and the Election Supervisory Board heard the case Wednesday afternoon. The ESB said the Election Code did not mandate an immediate disqualification, but under the circumstances the action was appropriate.

In the official opinion delivered by ESB chair Eric Nimmer, the ESB stated the complaint was filed in a reasonable amount of time and Gardner and Guevara had been in violation since their campaign materials began distribution.

The ESB also stated the Gardner campaign did not demonstrate an effort to remove the incriminating promotional materials and media after being made aware of the violation. Gardner and Guevara allegedly knew about the violation before the complaint had been filed, according to the ESB.

Gardner and Guevara claimed it would have been difficult to remove the promotional materials already distributed on their flyers and website. However, the ESB declared the lack of any substantial action taken to remove the item as justifying the disqualification.

Gardner and Guevara have not responded to requests by The Daily Texan for a statement.

“Its unfortunate that the campaign was disqualified. However our campaign will continue forward with a positive message - changing Student Government and producing results next year,” said presidential candidate John Lawler.

Lawler and candidate Thor Lund are the only presidential candidates left if the SG Judicial Court does not overturn the ESB’s decision as candidate Ryan Shingledecker withdrew Tuesday. Lund said it was unfortunate that Gardner and Guevarra were disqualified, but rules are rules and he wishes the pair the best in the future.

Nimmer said Kyles was part of the Yaman Desai and Whitney Langston campaign before that campaign was disqualified Monday. Nimmer said Gardner and Guevara were planning to appeal the decision.

“It’s one of the simplest interpretations of the rules. If you read the language it is very strong,” Nimmer said. “No association between candidates will be tolerated. I do not believe the decision will be overturned.”

Printed on Thursday, February 23, 2012 as: Madison, Antonio under fire