Issue date: 3/27/07 Section: News

Spencer Selvidge - THE BATTALION

The Judicial Court of Texas A&M's Student Government Association approved a motion Monday to try the appeal of the Ben Williams' campaign. This campaign alleges that the Election Commission unfairly fined and prohibited the use of signs hung in residence hall windows across campus.

The signs, advertising Ben Williams' "Ben in Black" campaign, are 2 by 4 feet, some oriented vertically and some horizontally. The Election Commission says those signs violate Campaign Materials Rule 4, which states that no signs bigger than a flier, an 8.5 inch by 11 inch sheet of paper as defined in the rule, may be placed in public areas on campus. Williams' campaign says dorm windows are private property, so only Rule 5 applies, which states that all campaign materials posted in residence halls must conform to that hall's rules, as well as the rules of the Department of Residence Life.

"We didn't run to run the pass-out-fliers, get-in-everyone's-face type of campaign," said Byron Haney, Williams's campaign manager. "We wanted to be much more personal, so we recruited people to put the signs in their windows."

Haney said he feels confident in his case, which goes before J-Court Wednesday, because the rules make it clear that Residence Halls are private property.

"Those windows are not part of campus, they are part of the private property that has been rented by the individual living in that space, and no student government official has any right to abridge that," Haney said.

Election Commissioner Jim Reed disagrees.

"Historically, that rule has always applied," Reed said. "If the sign is inside the dorm room, it doesn't apply. But if it can be seen by any student walking around campus, then it is considered on-campus and subject to the flier-size rule."

Reed said other campaign materials, such as car chalkings, which are typically bigger than fliers and viewable on campus, don't fall under the rule because those things aren't attached to permanent structures or sign stakes.

"Just as you're not allowed to stake one of those huge banners in the ground, you're not allowed to put huge signs in your windows," he said. "In our (the Election Commission's) view, anything physically posted on campus that is viewable from campus is considered in violation of that rule."

Williams was ordered to take his signs down early last week, but didn't comply with the order because he was seeking an appeal.

Haney said his case is straightforward.

"The two things we're challenging the Election Commission on are that we followed the rules exactly as they are written, and that the purpose of SGA is to increase student involvement. What the Election Commission is doing is exactly the opposite," he said.

Reed said he stands by his decision and looks forward to explaining his reasoning to the court so that the election rules can be better clarified and understood.

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