ASUCD elections results changed after candidate wins disqualification case

By VINCE BASADA — campus@aggie.org

In a rare development, the Associated Students, University of California, Davis (ASUCD) Fall Elections results have been re-issued and changed, with one previously disqualified candidate elected as a student senator — unseating a formerly elected candidate in the process.

Aaron David Heth, a third-year political science major, won his bid to have his disqualification overturned by the ASUCD Judicial Council, responsible for hearing elections contests. His win was announced to the public late Monday by the ASUCD Elections Committee, overturning the original results released on Nov. 15.

Heth — who ran with the transportation-focused Aggie Alliance slate — was initially disqualified by the Elections Committee before ballots closed on Nov. 14 after an anonymous student reported that Heth had unduly incentivized the casting of votes. The Committee subjected his alleged actions to voter intimidation, according to Judicial Council memos obtained by The Aggie. The Judicial Council, however, felt that the singular, anonymous complaint did not meet the burden of proof to merit such a strong consequence.

“In deciding this case, we are cognizant of the potential consequences of allowing such a disqualification to stand,” the Judicial Council’s decision, issued Nov. 25, reads. “Should Candidate Heth’s disqualification be upheld, a precedent would be set of allowing single anonymous complainants to render candidates ineligible for office. This is both unreasonable and unfair. With no conclusive evidence and no face to assign to the complainant, we are inclined to overturn.”

Heth denied any wrongdoing, and said he looks forward to serving the student body as one of six new ASUCD Senators.

“There was one single, anonymous, uncorroborated complaint against me and it was completely false and unsubstantiated,” Heth said. “It's my intent to have everything [relating to my disqualification] released so that it will be transparent, because I believe it's important to have a student democracy and student government that every student has the ability to see what they’re doing.”

As a result of Heth’s re-qualification, the previously announced win of Kelly Zamudio, a fourth-year political science and sociology double major of the UNIDAD Slate, has been revoked.

In the original results, Zamudio ranked fifth out of six winning candidates. ASUCD Elections use a ranked-choice voting system, and with Heth’s votes added to the recalculation, Zamudio was knocked down to seventh place.

The new senators-elect, in order of most to least votes received, are Heth, Rosa Linda Martinez Ruano (UNIDAD Slate), Jenna Younes (Warda Slate), Nate Little (Independent), Ezra Rubin (Independent) and Mia Oscanoa (Aggie Alliance Slate).

Per elections data, 2,132 voters participated in the election — about 6.67% of the undergraduate population.

In an interview with The Aggie late Dec. 1, Zamudio said she would respect the new results, but expressed disappointment with the decision and how it was handled.

“I congratulate those candidates that were elected fairly and honorably, and I am here to support them as best as I can,” Zamudio said. “However, I've been told by a lot of people around me that it's better to be known as somebody who lost with integrity than to be a student that is associated with harassing other students for votes and overall cheating. Regardless, I wish them the best.”

Zamudio, who also serves as vice-chair of the ASUCD Academic Affairs Commission, said she learned of the Judicial Council’s ruling in favor of Heth before the Thanksgiving break through internal student government channels. However, she did not learn about the recall of her win until the news was made public on Monday. 

“I was left out of the loop,” Zamudio said. “I was just filled with anxiety because I just wanted a definitive answer. I don't think it was fair to me, even if the answer was ‘yes’ or if it was ‘no’ that I got the position. It just really affected me.”

ASUCD Elections Officer Jack Wang, a third-year political science and sociology double major, said in an email that the fall election presented “unorthodox situations” which he hopes will be safeguarded against in the future. Wang finishes his one-year term as elections officer at the end of the quarter.

“After the voting is complete, the Elections Committee, including me, will try to work to address what has happened and propose solutions in the winter quarter,” Wang said.

Heth’s fellow Aggie Alliance slate member Ryan Kan, a third-year political science and economics double major, was also disqualified. He faced accusations of repeated voter intimidation by several non-ASUCD affiliated individuals, and is alleged to have commandeered voters’ phones in order to cast votes for himself and other members of his slate. Kan contested the decision in a separate case, though the Judicial Council sided with the Elections Committee in upholding his disqualification given the amount of evidence against him.

“I disagree with the Elections Committee and how they handled [my disqualification], but I respect their decision,” Kan said in an interview.

The senators-elect will soon join the student government’s most powerful legislative body, responsible for overseeing the Association’s $22 million annual budget and a myriad of student units and programs. They will be sworn in at the ASUCD Senate’s last meeting of fall quarter on Dec. 4.

Written by: Vince Basada — campus@theaggie.org