The rules governing Tufts' constitutional election system may contain a flaw that could potentially make it easier for amendments to pass. Although the culture rep referendum amendment was officially defeated yesterday, groups who were against the amendment feel the system is unfair, though nothing can be done at present.
The current constitution states that if less than 25 percent of students vote, a two-thirds majority is required for an amendment to pass. If over 25 percent vote, a simple majority is enough. The possible flaw depends on the number of "no" votes. If additional "no" votes push the participation rate over 25 percent, it facilitates the passage of the amendment by drastically lowering the amount of "yes" votes required to pass it. Whereas a close vote under the two-thirds rule could defeat an amendment, a slightly larger vote of similar proportions could pass the amendment under the majority rule.
Referendum election rules have not been an issue in the past because previous referendums were won by large majorities. This Wednesday's referendum, however, was extremely close, receiving 1011 votes in support, 1208 votes against, and 283 voters abstaining.
The Election Board (ELBO) agreed that with the advent of online voting, the current constitutional system is no longer efficient. Despite its flaws, however, the system will not undergo changes anytime soon, ELBO Chair Joe Coletti said. "ELBO can only go with what the constitution says," Coletti said. "Nothing can be done about that this year because everything is brand new."
The rules may change next year, though, as newly elected TCU President Melissa Carson said the issue should be examined before the next election. "I think that that's a problem to consider for referenda in the future," she said. "An incredible number of people turned out [on Wednesday]. I don't think its going to affect this referendum, but it's an issue to work out in the future."
Senator Allison Clarke agreed. "No one has realized this before and it definitely should be addressed," Clarke said. With the recent use of online voting, she said the Senate might look at the percentage differences, as well.
Former Senator Pritesh Ghandi said the possible mix-up might be a sign that many, if not most, of the election bylaws need to be reexamined. "It should just be straight up," he said.
The procedure for changing election rules requires a campus-wide referendum to be conducted under the rules of the present constitution.
Political science department chair James Glaser says this issue has come up in US politics before. He cited an equal rights amendment that was defeated in Virginia due to similar voting requirements.
The culture rep amendment would have removed the voting rights that were given to culture reps in a referendum last year, while giving additional campus groups senate lobbying powers. It was defeated by a margin of 197 votes.
