ASUO candidates could have their names removed from the election ballot if they wear campaign clothing on the same day an advertisement in their favor appears in the Emerald, according to a decision by the elections board.

The rule will be implemented starting Monday.

The decision came in response to a grievance filed by Zach Basaraba after the Constitution Court ruled candidates could not advertise in any publication to which other candidates may not have equal access. Basaraba could not be reached for comment.

The grievance was filed against executive candidates Sam Dotters-Katz and Johnny Delashaw and the Oregon Action Team slate. Advertisements for the combined campaign began appearing in the Emerald on March 31.

On April 2, Tylee asked the court to reconsider its decision against advertising in the Emerald, arguing that "the Emerald is equally accessible to all candidates." The court denied the request.

Dotters-Katz said Sunday that his campaign immediately complied with the court's decision and canceled its advertising contract. However, ads continued to appear the following two days.

"No campaign funds have gone to this advertising," Dotters-Katz said. He said the ads since April 2 were not paid for by any member of his campaign or any voting member of the ASUO.

ASUO elections rules say "no elector shall employ any University facility or resource to which other electors do not have equal access." This rule applies to "publications using University and/or Student Funds." The court clarified that its ruling is an interpretation. Historically, ASUO candidates have advertised in the Emerald.

Dotters-Katz said no member of the elections board contacted him or his campaign to clarify the source of the ads before deciding what the penalties for continuing them would be. He called the decision "a blatant violation of our due process and First Amendment rights."

Dotters-Katz also said that because the ads after April 2 were paid for by a non-elector, his campaign is following the rules. He said he knows who purchased the ads, but refused to say who the person was.

Former Senate President Sara Hamilton confirmed Sunday that she paid for the ads with a personal check. Hamilton said she was funding the ads in part, but would not exceed the $500 limit for campaign contributions.

"I can tell you that none of Sam and Johnny's campaign, personal or relatives' money is going to fund these ads," she said.

Hamilton would not say who else contributed to purchase the ads, but said she would make the information public if requested by the elections board.

Elections Coordinator Kendell Tylee said Sunday that she will ask the Constitution Court to clarify if its decision barring advertising that might not be available to all candidates can pertain to ads purchased by someone who isn't a student. Unless the court places an injunction on the decision, or exempts ads purchased by non-electors, the new policy will hold, Tylee said.

The decision, even if applied to ads purchased by non-students, does not prohibit the Sam and Johnny trailer from being parked in front of the EMU. Only items worn or carried by members of a campaign would be prohibited.

rdandrea@dailyemerald.com

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