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After delay, 'J' results will be counted

After delaying the count of the Tufts Community Union (TCU) Judiciary votes for almost a week, the Elections Board (ELBO) announced yesterday that it was going ahead with the counting process despite allegations that sophomore candidate Phil Berenbroick violated campaign rules.

Controversy erupted after a mass e-mail encouraging students to vote for Berenbroick was sent on the Tufts Republican Club's listserve - a move that prompted ELBO to reform its campaign regulations.

While the e-mail was initiated by Tufts Republican Club Secretary Philipp Tsipman, it did include a statement from Berenbroick asking for student support.

According to ELBO's chair, Valentino Caruso, the e-mail violated ELBO policy despite not outright endorsing Berenbroick because candidates for TCU Senate and Judiciary are not permitted to use unsolicited mass e-mails to garner votes. Had Berenbroick not issued a statement or not been aware of the e-mail, there would have been no cause for controversy, said Caurso.

Regardless, ELBO decided Tuesday night not to disqualify Berenbroick, because the body ignored similar accusations in the freshman Senate elections. In that case, candidate Jon Gold set up an e-mail address and personal website promoting his campaign ideas. Gold discontinued the site when told it was in violation of election policies. ELBO's stringent rules limit campaigning to 25 posters around campus.

"I think that there was some ambiguity in terms of the rules and I know that myself and a bunch of other candidates just might have misinterpreted those with no effect on the election," said Gold, one of eight freshmen to win a Senate seat. "They're just very slight things, not done purposely in violation."

Caruso said the Gold decision set a precedent that was followed when he judged Berenbroick. "The rules are never really cut and dry, but there was a precedent here that encouraged us to focus on the legitimacy of the rules we set," Caruso said. "It's tough to enforce election rules - we can't track down candidates; a lot of times we assume they act in good faith."

When ELBO does observe a violation, there are no concrete regulations in place for enforcing election policies or punishing the violators. Caruso said the lack of enforcement mechanisms were in part a "lapse of judgement" of former ELBO members. He is working with Director of Student Activities Jodie Nealley to clarify and reform the election process.

Among possible reforms, ELBO is considering using Tuftslife.com as a forum for candidates to post their platforms, hoping to add substance to an election process that Caruso said is a publicity contest. "We want to ensure that the election is based on ideas rather than resources," Caruso said. "Bringing the process to the students is a way of attacking student apathy."

But according to Gold, the reforms should reduce the restrictions on campaigning. The rules, he said yesterday, make it difficult to get out a political message. "I think that the rules should be changed because I know that lots of other candidates have expressed that it's very restrictive in terms of what you can do," he said. "It's a little frustrating."

"I think that what won me the election was name recognition and not merits," Gold said. "If people have a candidate statement and ELBO made a website for everyone, I think that may be a first step in making the election based more on merit."

The new ELBO board, which will be appointed next week, will implement broad changes before the spring's TCU elections.

Last week's votes, meanwhile, will be counted today and the new member of the TCU Judiciary will be announced this evening. "I'm anxious to get a new member after the different hassles, and I'm glad that they are counting this as a normal election," junior Judiciary member Alison Clarke said.