The ruling comes after the Graduate and Professional Student Federation in February against the Board of Elections for what GPSF claimed was an incorrect voting procedure that resulted in the Two for Two separation referendum’s .
The Board of Elections used instant runoff voting in which voters rank their choices for referenda in order instead of voting for or against each specific referendum on the ballot.
Allie Crimmins, student solicitor general and counsel for the defense, said that before the vote in February, the Board of Elections decided to use the instant runoff system of voting to avoid a potential constitutional crisis in which two conflicting referenda — Two for Two and Better Together — could pass with no existing legislation to address the issue.
“There’s only an opportunity for one constitution because we cannot have two,” she said. “We cannot have two separate governments and also one united government at the same time. That would be in conflict.”
Student Supreme Court Chief Justice Matthew Leming said he shared Crimmins’ concerns.
“What do you do if both of those are voted upon and both those are passed in an election?”
Travis Crayton, counsel for the plaintiff, said the court should not take into account what would happen if this conflict arose.
“I think it’s a great hypothetical question, but I think it’s beyond the merits of this case,” he said.