The Court of the Associated Students, University of California, Davis

Unanimous Opinion of the Court

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THOMAS ALELLO V. ANDREW DONNELL ET MELISSA DIEHL

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Date: March 15, 1994

JUSTICE MALEK delivers the unanimous opinion of the court

The plaintiff quotes government code 110.1,”No money or materials may be used on behalf of the campaign except election funds,” in order to establish that the defendants were financially responsible for a sign that promoted their campaign, The plaintiff bought signed testimony to establish the effect that the sign had on one student. The plaintiff then cited this fact to prove that the sign was used on behalf of the campaign. At question here is not an interpretation of Government Code 110.1, as the plaintiff claims, but rather an interpretation of “behalf”, the defendant claims that they did not build the sign, and they brought the witnesses to establish that to the best of their knowledge, none of their supporters either. The defendants therefore claimed that the sign was not used on their behalf.

The Student Judicial Board [i] agrees with the defendant’s interpretation of “behalf”. That is contrary action taken by the candidate or ticket, or their supporters, shall be considered an action on behalf of the campaign. The defense denied that the sign was used “on behalf of the campaign” the plaintiff failed to provide substantive evidence to the contrary or any necessary evidence to satisfy the burden of proof.

Since the plaintiff did not provide evidence to prove beyond a shadow of a doubt that the sign was used “on behalf of the campaign.” It was not necessary for the Donnell/Diehl ticket to report the cost of the sign. Therefore since the ticket did not go over the expenditure limit as defined by Government Code 110.2, the Donnell/Diehl ticket will be assessed 0 violations points. The Student Judicial finds for the defendant.

We Concur: Justices Edmond Choi, Diana Delker, Susan Freitas, Justyn Makarewycz.

[i] The Student Judicial Board was the predecessor of the ASUCD Supreme Court.