The Student Government Elections Commission decided Tuesday night it would not choose an interpretation of the Student Body Constitution that would potentially disenfranchise almost 25 percent of the student body.
Conflict erupted over the Franchise and Citizenship Clause of the constitution, which states, “All students who are regularly enrolled in the University and who have paid the full student activities fee shall be entitled to vote in the Student Body Elections and to participate in the Student Body Government.”
In a March 9 memo, Vice Chancellor for Student Affairs Tom Stafford took issue with Student Government’s current interpretation of the clause, which allows all students who pay pro-rated fees the opportunity to vote and run for positions. This includes all part-time students.
He said although the phrase “regularly enrolled” could be open to interpretation, the fact the clause specifies full fee payment makes things very clear.
“It means you’ve got to be a full-time student,” Stafford said.
Interpreting the constitution in this way would mean 7,182 students, according to University Planning and Analysis, would be excluded from the elections.
Sen. Erich Fabricius contends that Student Government has been including students who pay pro-rated fees for at least as long as lifelong education students were allowed in the Senate.
This sets an undeniable precedent, he said.
“Every bit of evidence we have indicates that part-time students have been voting and participating in Student Government for 20 years,” Fabricius said. “I’m not sure why we would reinterpret that meeting today.”
After around an hour of debate, the commission affirmed this stance, voting by acclimation to allow part-time students the opportunity to participate in the spring elections.
Student Senate President Forrest Hinton expressed concern during the meeting over the administration’s “unprecedented” involvement in Student Government in the past year.
“If I didn’t know your job title, Dr. Stafford, I’d think you were the student body president or a member of the Student Senate itself,” he said.
Hinton at one point even questioned Stafford’s ability to enforce the interpretation.
“What makes you think I can’t?” Stafford shot back.
He said UNC Board of Governors policy gives the chancellor the ability to dictate the functions of systems of student self-government.
The Senate has no authority to do anything, he said, without “explicit or implicit consent” of the administration.
“The Senate has moved to the point where it believes it can do anything it wants without oversight,” Stafford said.
Stafford expressed concern over the commission’s decree, and said he plans to “take appropriate action in response to this decision.”
He declined to comment further.
“I consider what happened tonight to be pretty incredible because the Elections Commission voted to violate the constitution,” Stafford said.
Hinton, in turn, said he had reservations about the process as well.
“The chancellor needs to oversee this problem more carefully,” he said.
The commission’s decision follows the introduction of a bill sponsored by Fabricius to update this wording in the constitution.
Dubbed the Constitution Clarification Act, it changes the clause to state all students who have “paid into the fees supporting the Student Body Government” will be allowed to vote.
Although the bill was passed by consent in the Senate, Student Body President Whil Piavis vetoed it Monday.
He said there were several reasons for the veto, but he said the language change was the primary one. He also said he elicited the opinions of about 200 to 250 students before he made the decision.
“It really looks like they’re doing this just to keep two or three people in Student Government,” Piavis said. “There is no reason that somebody who is paying lowered rates, auditing a few classes and coming to campus once a week should be in Student Government.”
But Fabricius said this worst case scenario does have a prerequisite.
“They’d have to get elected before all that — that’s the thing,” Fabricius said.
The Senate will convene Thursday in an emergency meeting to discuss the vetoes and hear Piavis’ reasoning.
“I really hope they treat this with as much respect as it deserves,” Piavis said. “But I’ve hoped in the past and been wrong.”