Ryan Flamerich, Student Government Association College of Engineering senator, filed the first judicial complaint in SGA history against a piece of legislation that would allow public voting in the Speaker of the Senate election.
Senate Bill 19-12 calls for an open ballot, which Flamerich said he views to be unconstitutional. Flamerich said an open ballot is more likely to foster intimidation and unethical policies because everyone would know how each SGA member voted.
“This piece of legislation violates the ideas and values of fair elections. It would allow for the ballot for the speaker election to be open, allowing for the coercion of senators by the Machine. The policy that currently is in place was put in there for a reason. There is precedence,” Flamerich said. “The University of Arkansas and Louisiana State University operate under the system that is currently codified. The respective positions in both their student governments are elected through a secret ballot.”
The ability for SGA legislature to be questioned on its constitutionality is a new concept. The senatorial power of judicial review was written into the inherent powers of the constitution in February 2011.
“Any senator can file a complaint against a bill. How the process works is that a senator creates a petition for judicial review of a bill, then a hearing is scheduled for both parties to argue their points. The judicial board then makes a decision,” said Meagan Bryant, the executive press secretary for SGA. “In this case, Senator Flamerich is questioning the constitutionality of Senate Bill 19-12. Currently the judicial board is in the progress of scheduling the hearing.”
By filing a judicial complaint against the bill, Flamerich is also putting members of SGA under scrutiny.
“The case is an appeal to overturn a bill that was passed through Senate. I was a sponsor for this bill. The case has been filed against the author of the bill, the sponsors and SGA,” said SGA President Matt Caldrone.
According to Flamerich, his use of judicial review did not come as a surprise to the members of SGA who dealt with passing Bill 19-12.
“It was expected,” said Flamerich. “I made it very clear to all parties involved during the legislative process of Bill 19-12’s approval that I would challenge its legality if passed.”
