The UK Student Government Association Supreme Court has sent a case back to the Board of Claims, saying the board should make sure it followed proper procedure in a claim over freshman elections.
The case involves claims filed against freshman senatorial winners Ashley Fortney and Holly Harris by freshman senatorial candidates Robbie Younger and Michael Walker.
Supreme Court Chief Justice Jay Ingle said the court didn't want to make a final decision on the case without letting the Elections Board of Claims reevaluate its previous decision.
"We want to make sure (the Elections Board of Claims) followed the guidelines in the Constitution, which are pretty confusing," Ingle said.
He also said he didn't think it was the responsibility of the Supreme Court to make a final decision if proper standards might not have been used when the Board of Claims considered the case.
"(The Supreme Court) is not a fact-finding court," Ingle said. "We're an appellate court. We didn't feel that we should do (the Board of Claims') job."
One of the claims filed by Walker and Younger stated Fortney and Harris ripped down posters and hung their own posters over those of other candidates.
The Board of Claims ruled that the evidence Younger and Walker presented did not prove beyond a reasonable doubt that Fortney and Harris were guilty.
An opinion of the case written by Ingle contained guidelines for the Board of Claims to follow when reconsidering the case.
If the board decides the violations constitute a felony, Ingle said that in his opinion the Board "must disqualify the candidates."
According to the opinion delivered by the Supreme Court, the case was sent back for the Board of Claims "to apply the rules (the court) established to the facts (the board) reviewed in the original hearing."
The Student Government Association Elections Board of Claims issued an official reprimand against Fortney and Harris for putting up campaign posters on glass surfaces and trees, which violates constitutional procedure for campaigning.
The Board also withheld the candidates' $25 deposits because they failed to turn in receipts with their expenditure report forms after elections.
Elections Board of Claims Chairwoman Kristy Rogers could not be reached for comment.