A further set of rulings have been issued. Most of them were drafted a while ago but we’ve only just got around to posting them; apologies for the delay.
Ruling (3) of the Returning Officer
The Returning Officer rules as follows:
1. In accordance with Section 24 of the Regulations the registration of the ticket Later, authorising officer Joshua Keynes-Liley, has been disallowed. This is due to all of the nominations submitted on the Later ticket failing to meet with the requirement of Section 13.2.
2. As members of Stand Up! were involved in the preparation and submission of the Later ticket’s nomination forms, the Stand Up! ticket is reminded that the integrity of the nominations process is essential to a fair and transparent election. The Stand Up! ticket is hereby cautioned against further breaches of the Regulations.
Charles Richardson
6.9.12
Ruling (4) of the Returning Officer
In relation to a complaint by Charles Everist (“the Complainant”) against Eric Gardiner (“the Respondent”), the Returning Officer rules as follows:
1. The Respondent admits to having posted the comment in question on the Complainant’s Facebook page. Standing ruling (3) of 2009 prohibits the posting of election-related material on the pages of political opponents. However, the Respondent denies that the comment was election-related.
2. The Returning Officer has investigated the matter and is satisfied that the comment relates to an upcoming Union House Theatre production and does not go beyond the content of that production. While it does not follow that it could not also be election material, given the length of time prior to polling it seems reasonable that the Respondent should be given the benefit of the doubt on that issue.
3. However, both the Respondent and campaigners in general are reminded that comments on Facebook and the like can often be interpreted in ways that are not intended, and that care should be taken at all times.
4. The Complainant’s concern in this matter comes in part from the racial reference in the comment. While the Returning Officer is not convinced that this involves an imputation against the Complainant or his ticket, it is suggested that all campaigners should be aware of the sensitivities involved with racial topics and that words should be chosen carefully.
Charles Richardson
Returning Officer
6.9.12
Ruling (5) of the Returning Officer
In response to an enquiry about wooden signs, the Returning Officer rules as follows:
1. Although wooden signs are not listed among the permitted items of election material in Regulation 27.1, the Returning Officer has the power under Reg. 27.1.7 to permit “other types of material” unless they are specifically prohibited by the Regulations. Reg. 27.3.1 specifically prohibits “publicity reproduced on paper larger than A3 size”.
2. The Returning Officer believes that it would be contrary to the spirit of the Regulations to permit posters of any description larger than A3 size, even if they are made of some material other than paper.
3. Exceptions may be made, as they have in the past, for material that is directly associated with campaigners, rather than put in position and then left, as with a poster. For example, a banner hung from the front of a table at which campaigners are based may be authorised, even though it is larger than A3 size; a banner hung from a building would not be.
4. The same test would apply to wooden constructions. A sandwich-board worn by a campaigner, or placed beside a table or other location where campaigners were operating, may be authorised, provided it was not obstructing traffic. A free-standing unaccompanied wooden structure would not be.
5. In each such case, authorisation needs to be applied for and the material needs to carry the appropriate authorisation line.
Charles Richardson
Returning Officer
6.9.12
Ruling (6) of the Returning Officer
In response to an incident on Saturday 1 September 2012, the Returning Officer rules as follows:
1. Deputy Returning Officer Jaimie Adam and fellow AQE director Haydn Steel observed three persons postering in a fashion contrary to Regulations 44.5.12 and 44.5.14 and to past rulings on the subject. When approached, they denied their actions and denied knowledge of the election.
2. Investigations with the NOW! ticket confirmed the accuracy of the staff’s observations and revealed that the three persons were all senior candidates on that ticket.
3. Mengyi Miley He, Eason Zhang and Xinyi Kinsey Li were accordingly banned from campaigning for the length of Monday, 3 September.
4. The NOW! ticket is warned about the need to ensure that its campaigners are all made aware of the Regulations and that their activities are properly policed in relation to postering and other matters.
5. In this instance, on the other hand, the co-operation of leading members of NOW! in the investigation was much appreciated, and in the absence of that co-operation it is likely that some penalty to the entire ticket would have been applied.
Charles Richardson
Returning Officer
6.9.12
Ruling (7) of the Returning Officer
In response to complaints received on Monday 3 September 2012 from Mark Kettle, Anna Morrison and Declan Mcgonigle (“the Complainants”) against Patrick Crosswell (“the Respondent”), the Returning Officer rules as follows:
1. The Complainants’ reports, if believed, make out a clear case of conduct in breach of Regulation 44.5.27. Given the detailed nature of the reports, their consistency with the Respondent’s observed behavior, the credibility of the Complainants and the lack of denial from the Respondent’s ticket, the Returning Officer regards the complaints as satisfactorily made out. The Respondent, although he conceded the general nature of the exchanges, did not admit that the intent of his remarks was derogatory.
2. It should be stressed to all campaigners that harrassment of other participants in the election will not be tolerated. As a senior candidate on his ticket, the Respondent has to be presumed to be aware of the gravity of his actions.
3. The Respondent is therefore banned from campaigning until close of polls on Thursday, 6 September 2012.
4. While on this occasion no further penalty is to be applied against the NOW! ticket, that ticket is warned of the seriousness of the matters dealt with in this ruling and the need for it to exercise proper control over its campaigners. In the event of any further conduct of this nature it is highly likely that a ban would be applied against the entire ticket.
Charles Richardson
Returning Officer
6.9.12
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Posted Thursday 6 September, 2012. Updated Friday 7 September, 2012.