Jennifer Feinberg '07, a finalist for the Class of 2007 Senator, was disqualified last Friday by the Student Union-appointed Elections Committee for posting an electronic link to the UNet election system via AOL Instant Messenger. This has caused Feinberg and some of her supporters to question campaign regulations and the role of the Elections Committee.The Elections Committee accused Feinberg of violating Article IV, Section 2, of the elections regulations, a new bylaw stating that candidates may not create an Internet link to UNet.

An Elections Committee document states this regulation applies to all electronic communication devices. And because Feinberg was previously warned on Sept. 14 for creating a link on her campaign Web site to UNet, the document states this was grounds for disqualification.

Executive Assistant for Union Affairs Adam Herman '04, said, "By mandating that candidates and people within the community only use one address, we ensure that same number of steps are taken by any voter. The rule precluding candidates from linking was to ensure fairness that everybody would start from the same site."

Feinberg said she was unaware of the new regulation.

"The Elections Committee claimed it was my obligation as a candidate to ask for clarification," Feinberg said. "As a freshman, I believe that puts an unfair burden on me. And If anything, I wanted to make it easier for people to vote. You still have to go through several pages through the UNet system before you chose to vote."

Another Elections Committee document refutes Feinberg's defense, citing that it is the responsibility of each candidate to request clarification on any unclear or questionable issue.

This Elections Committee document states, "(Feinberg) had an affirmative obligation to request clarification. She did not do this. Furthermore, Miss Feinberg signed a candidate contract acknowledging receipt and understanding of the election rules."

Feinberg also said that being unable to electronically forward people to UNet fosters unhealthy competition among candidates.

"Since this rule is new, (the Election Committee) is obsessed with it," Feinberg said. "It creates a much more competitive environment than necessary. We are supposed to be competing because we want to do good. Instead, we are trying to find other people's mistakes."

Last Friday, at 11:53 p.m., an anonymous person notified the Elections Committee that Feinberg was linking AIM users to UNet.

"A candidate has been continuously linking directly to the voting system in her AIM away message and profile," the informant said. "I had thought this was prohibited but now I am not sure because I did not see it in the election rules, and I think it would be appropriate to make some sort of general clarification to all candidates as to whether or not this is allowed."

Feinberg said she spent last weekend preparing to present her case before the Union Judiciary (UJ) to overturn her disqualification. Mark Samburg '07, who is currently running for Class of 2007 Senator, agreed to defend Feinberg. Both said problems with the election stemmed from the Election Commission, not the Union government.

In the primary elections, Feinberg had 215 votes. Samburg came in second with 167 votes.

After further consideration , Feinberg said she did not want to discredit the Student Union by going before the UJ. Feinberg also deterred over 160 supporters from chartering a club, "Voters for Fair Election Procedures," to petition her disqualification.

One of Feinberg's supporters, Rebecca Gedalius '07 said, "I think it was an unfair disqualification. I think she was perfect to represent our class and I'm really sad to see she won't be representing us."

While Samburg said he respects Feinberg's decision not to go before the UJ, he would like to see changes in how elections are run.

"I'd like to see the election rules clarified," Samburg said. "I'd like to see the Election Commissioners adopt an attitude that is a little more conducive and that will result in the election of a candidate that the class wants to see. We felt (Feinberg) was disqualified for a false reason on a technicality."

Samburg also said that Feinberg was not the only one to violate election regulations. A letter submitted to the Elections Commissions by Feinberg, Samburg and another candidate, Christopher Allison '07, states, "While we acknowledge that Jenny was in violation of this rule, we similarly point out that all three of us violated this rule."

Herman said updated election rules were enacted to ensure a fair and equitable election

"By making the rules even more clear this year, and spending weeks revising them, Union secretary sought to avoid this type of issue," Herman said. "From the experience, we have learned that the only thing we can do better is get candidate and student feedback."

Samburg was frustrated while communicating with the Elections Committee and Union Secretary Danny Silverman '04, who is in charge of running elections.

"I feel that Danny Silverman has been uncooperative and belligerent," Samburg said. "And I feel that the Elections Commission on the whole, although they are adhering to rules, adhere to those rules capriciously and in a matter that is pretty petty."

Feinberg received an e-mail from Silverman.

"I don't in any way think you are a bad person," part of the e-mail stated. "I still really like you as a human being. But I am incredibly upset that you will choose to play the victim, the slighted one, when we are the people who have to agonize over how to deal with the problem you created. I hear you're looking to get a club charted , to start a petition to recall me, and to file a UJ case. Do you think that perhaps you are taking this a bit too far?"

In response to Silverman's e-mail, Feinberg noted Silverman went before UJ last year because he was disqualified for linking his candidate's home page to Boogle, his online file sharing Web site. The Election Commissioners ruled that Silverman used Boogle to attract unfair votes and his disqualification was overturned.

Silverman said, "Feinberg was disqualified in accordance with Student Union bylaws and the election will be re-held."

Samuel Dewey '04, an election commissioner, resigned Sunday night due to unspecified reasons.

The Justice was unable to contact Dewey for comment.

The date for new elections for the Class of 2007 has not yet been scheduled.