ASM Chair Al Zein retains seat after student court rejects final appeal

The student judiciary of the Associated Students of Madison (ASM) dismissed a second legal brief from Rep. Michael Harry on Sept. 29. The ruling leaves the results of this spring's chair election intact. Harry had asked the body to examine alleged procedural violations that occurred during and after the April 24 vote.

Harry filed the second brief on Sept. 22. It marked his second submission to the court. In this filing, he argued that the judiciary mishandled its order on his initial brief. He also claimed that the Chief Justice misapplied rules during the proceedings.

The dispute began after Harry lost the chair election for the 33rd session on April 24. On April 30, he submitted a brief arguing that the election results were invalid. He amended that filing on Sept. 14. The amendment added new information and requested that alleged violators be disqualified from future chair elections.

Harry's filings alleged that meeting rules were broken during the election. He stated that the Chief Justice did not preside over the process. The Student Judiciary issued an order on Sept. 8 to allow his first brief to be discussed as a special order. That order was set for the Sept. 16 student council meeting.

ASM representatives voted narrowly against adopting the special order at the Sept. 16 meeting. Adoption required a two-thirds majority. While a majority of representatives voted in favor, the count did not meet the threshold. Had the motion passed, representatives could have re-elected their 33rd session chair by a simple majority vote. Harry's second brief argued that the two-thirds majority requirement for taking up the first brief had no precedent.

A majority of student justices recused themselves from deciding the second brief. Chief Justice Chloe Sieman was among those who recused. Harry had requested Sieman's recusal. Because of the recusals, the student judiciary did not assign a full panel to hear the case.

ASM Chair Haia Al Zein welcomed the outcome in a statement to The Daily Cardinal. "The Student Judiciary's decision gives me hope for the remainder of the 33rd session, and I hope it serves as an opportunity for us to work more collaboratively and move forward in greater unity," Al Zein said. Sieman, Harry, and the student judiciary declined to comment further on the brief.