Though ASUNM Senator-elect Brandyn Jordan received the most votes in the recent senate election, he is disqualified from taking office.
He and 9 other candidates from the Make Your Mark slate will be fined about $100 each following findings of financial misconduct, the ASUNM Elections Commission announced Monday night.
ASUNM Elections Director Claire Mize said the candidates failed to report all of their spending, neglecting to account for $64.84 in fliers used for campaign purposes. The unreported $64.84 put the candidates over their $200 allowed spending limit.
“Their financial form was incorrect; they did not account for all their campaign material,” Mize said.
Jordan said Make Your Mark candidates plan to appeal the decision next week.
“We did not purposefully misreport about the fliers,” he said. “That is a mistake, it wasn’t intentional, and I believe it is a misinterpretation. We are going to appeal it because we feel we are not in the wrong, and we are going to see where it goes from here.”
According to an ASUNM press release, the commission found the 10 candidates had willfully withheld invoices of financial transactions used in the campaigning process, in violation of the ASUNM Elections Code.
The elections commission disqualified Jordan and fellow slate member Fidel Rivera, who was not elected to a senate seat but could have filled the seat of senators who resigned from their positions, from assuming office, citing them for “gross misconduct.” The commission also imposed a fine of $97.26 on all ten candidates.
Senator-elects from Make Your Mark are also barred from speaking and voting in an official capacity during their first two committee meetings and first full Senate meeting.
Greg Montoya, ASUNM attorney general, said the decision to charge just two members with gross misconduct was based on their role in the financial operations for Make Your Mark slate.
“Those 10 individuals, all 10 were on one financial report,” he said, “and the two individuals in question, we assessed their gross misconduct on their testimony at the elections contest hearing we had Sunday. They claimed responsibility for the financial dealings of those 10 individuals.”
ASUNM President Jaymie Roybal said candidates lied during election commission financial hearings.
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Roybal said limits on election spending allows for fairness in the election.
“I think that the first thing that comes to mind, having been a candidate and having seen a lot of elections myself, is we have spending limit for a reason and it’s each candidates responsibility to follow that,” she said. “Also, if you’re being questioned, it’s only right to be honest.”
Chris Salem, who ran on the ‘Voice’ slate and failed to gain a senate seat by a margin of five votes, will take Jordan’s seat as the runner-up in the election if the decision is not overturned on appeal.
“I’m sorry about that, especially seeing the forfeit of the No. 1 vote-getter,” he said, “but I’m excited to serve the UNM community as that opportunity is given to me. It feels like a second chance.”
Salem said he stands by the statement of misconduct put out by the Elections Commission.
The candidates cited must pay their fines within 10 days, or within 10 days of the appeal decision. If they do not pay the fine, they will be unable to take office or run for office next semester.
