Independent Special Prosecutor v. Kisswani (2024): Difference between revisions
→Concurrence: Abrogate Tags: Mobile edit Mobile web edit |
→Background: Link Tags: Mobile edit Mobile web edit |
||
| (One intermediate revision by the same user not shown) | |||
| Line 10: | Line 10: | ||
| Concurrence=Lobbezoo | | Concurrence=Lobbezoo | ||
| JoinConcurrence=Bidari | | JoinConcurrence=Bidari | ||
| QuestionsPresented = (1) | | QuestionsPresented = (1) Do monetary limits on accepting campaign donations violate the Free Speech Clause of the [[All-Campus Constitution]]; and<br>(2) do monetary limits on campaign expenditures violate the Free Speech Clause of the [[All-Campus Constitution]]? | ||
| Holding = [[ | | Holding = The [[Compiled Code]] regulates only the making of donations, not the acceptance of donations. Campaign expenditure limits are unconstitutional. The complaint is dismissed. | ||
| LawsApplied=[[All-Campus Constitution|A.C. Const. art. VIII]]; [[Elections Code |Compiled Code art. IV]] § 7.4.1.2, 7.5.1 | | LawsApplied=[[All-Campus Constitution|A.C. Const. art. VIII]]; [[Elections Code |Compiled Code art. IV]] § 7.4.1.2, 7.5.1 | ||
| Related = [[Parikh v. University Elections Commission (2012)|''Parikh v. UEC'' (2012)]] | | Related = [[Parikh v. University Elections Commission (2012)|''Parikh v. UEC'' (2012)]] | ||
| Line 21: | Line 21: | ||
== Background == | == Background == | ||
During the [[Fall 2024 elections|fall 2024 elections]], Independent Special Prosecutor [[Aiden Burke]] filed a complaint against [[Hana Kisswani]], a candidate for the School of Social Work's single Assembly seat. The complaint alleged that Kisswani violated two provisions of the Compiled Code: the prohibition on donations from non-students and the candidate expenditure limit. | During the [[Fall 2024 elections|fall 2024 elections]], [[Independent Special Prosecutor]] [[Aiden Burke]] filed a complaint against [[Hana Kisswani]], a candidate for the School of Social Work's single Assembly seat. The complaint alleged that Kisswani violated two provisions of the Compiled Code: the prohibition on donations from non-students and the candidate expenditure limit. | ||
Kisswani admitted to accepting an in-kind donation of campaign stickers from her sister, Heedaya Kisswani, who was not enrolled at the university. Kisswani was therefore accused of violating [[Elections Code |Compiled Code Article IV]] § 7.4.1.2, the "Donation Rule," which prohibits donations from individuals who are not University of Michigan students. Additionally, Kisswani conceded that she exceeded the $125 "Campaign Expenditure Limit" imposed by Compiled Code Article IV § 7.5.1. | Kisswani admitted to accepting an in-kind donation of campaign stickers from her sister, Heedaya Kisswani, who was not enrolled at the university. Kisswani was therefore accused of violating [[Elections Code |Compiled Code Article IV]] § 7.4.1.2, the "Donation Rule," which prohibits donations from individuals who are not University of Michigan students. Additionally, Kisswani conceded that she exceeded the $125 "Campaign Expenditure Limit" imposed by Compiled Code Article IV § 7.5.1. | ||