Forms and Procedures of the Constitutional Council

Procedures to File a Constitutional Challenge:

Step 1: Fill out the Constitutional Complaint Form.

The Complainant is the person(s) bringing the Complaint to the Court; usually this person is you and/or the club or group you represent. The Respondent is the person(s) or group you are filing the Complaint against. Please date the form, and on the lines provided, give a typed, short summary of your Complaint.

Step 2: Attach a typed statement, called a Legal Brief, to the Complaint Form.

The Legal Brief must be 12 point font, double spaced. This Brief should have the details of who you are or who you represent, and who the respondents are. Your Complaint should be detailed in full and include a list of all of the evidence you intend to provide to the court. You should also cite under what Constitutional Articles and Codes you believe that your Complaint falls under. The brief is considered to be a legal statement, so tell the truth the WHOLE truth and nothing but the truth.

Step 3: Deliver Documents to the Court.

Deliver seven (7) copies[1] of the Complaint Form and of the Legal Brief to the Chief Justice’s mailbox located in the Student Government’s Offices (Suite 227) in the Russell House.

Respondent’s Brief:

Seven (7) Copies of the Respondent’s Brief should be delivered to the Chief Justice’s mailbox no later than twelve (12) p.m. of the third day after receiving the Complainant’s Brief. Both Briefs will be made available for public viewing in the Student Government’s Office.

After Both Brief’s have been Filed:

The Constitutional Council will convene within seven (7) days after receiving the Respondent’s Brief to decide whether or not to hear the case. All parties will be notified by letter and email of the court’s decision. The decision of the court will be one of the following:

1. If your Application for Complaint is approved you will be notified and given a date to appear before the Court, no later than ten (10) days following the Court’s decision to hear arguments. Please look at the Hearing Rules and Procedures for additional instructions.
2. If the Court decides not to hear the case, then all parties will receive a letter from the Court stating our purposes for dismissing the complaint.
3.  The Court may make a Summary Judgment and all parties will be notified of the Court’s decision.

Time Extensions:

Time Extensions will only be allowed in the event of unforeseeable circumstances. A typed statement stating the extenuating circumstances for an extension of time must be filed two (2) working days before a brief is to be Filed or before the Hearing. The Court will review the Request and notify all parties of their decision within twenty-four (24) hours.

>>USC Constitutional Complaint Form

Court Procedures for Elections Related Cases

Filing Procedures for Appeals of Elections Commission Decisions

1.      Appeals regarding election violations, fraud, or other punitive decisions:

a)      The appellant must notify the Elections Commission/Attorney General of intent to appeal and submit a statement of basis for appeal to the Constitutional Council within 24 hours of the Elections Commission’s decision. The Elections Commission will immediately forward all documentation regarding the case to the Council.

b)      The Council will notify the appellant and Elections Commission/Attorney General of the status of the appeal and date of hearing (if granted) within 24 hours of receiving notification of intent. The hearing will be held no later than 72 hours following the Elections Commission’s decision.

c)      The Council’s ruling will be available the morning following the hearing.

2.      Appeals regarding contested elections or a disqualified candidate:

a)      The appellant must notify the Elections Commission/ Attorney General of intent to appeal and present a detailed brief to the Constitutional Council within 24 hours of the Elections Commission’s decision.

b)      The Attorney General (on behalf of the Elections Commission) must submit a respondent’s brief, including all Elections Commission documentation regarding the case, to the Council within 24 hours of  receiving the appellant’s notice of intent.

c)      The Council will notify the appellant and Elections Commission/Attorney General of the status of the appeal and date of hearing (if granted) within 24 hours of receiving the appellant’s brief. The hearing will be held no later than 72 hours following the submission of the appellant’s brief.

d)     The Council’s ruling will be available the morning following the hearing. A detailed opinion will be released as expeditiously as possible.

Court Rules and Procedures for Appellate Hearings

1.      During the hearing, each party (appellant first) will present opening remarks, oral arguments, and closing remarks. The time allotted will be determined by the Council based on the subject of the case. The Justices reserve the right to ask questions at anytime.  

2.      The appellant may be represented by council of his/her choice or by him/herself. The Elections commission (respondent) will be represented by the SG Attorney General (or other official).

3.      During appellate hearings, the Council will not consider witnesses or evidence not already entered during the Elections Commission’s hearing.

Procedures for Waivered Jurisdiction Election Challenges

1.                   The Constitutional Council will hear the case within 48 hours of receiving waiver notification from the Election’s Commission. The hearing date and time will be relayed to the plaintiff and defendant as soon as it is determined. All material initially submitted to the Elections Commission will be forwarded to the Council.

2.                   The Constitutional Council will serve as the body of original jurisdiction. As such, the Council will hear any relevant witnesses and evidence during case presentation by each party. If privacy issues are a major concern with regards to witness testimony, witnesses may be deposed by the Council prior to the hearing. This arrangement must be made with the Council as soon as possible after the Election Commission’s waiver of jurisdiction and will be granted on a case by case basis only when absolutely necessary.

3.                   During the hearing, each party (plaintiff first) will present opening remarks, oral arguments (including witnesses and evidence), and closing remarks. The time allotted will be determined by the Council based on the subject of the case. The Justices reserve the right to ask questions at anytime (including questioning of witnesses).

4.                   Witness testimony will occur in the form of the witness’s report to the court (without leading from own counsel) and subsequent questioning by the Justices. The opposing party will have a brief period for rebuttal after a witness’s testimony, but witnesses shall not be subject to cross-examination.

5.                   The Council’s ruling will be available the morning following the hearing. If a detailed opinion is necessary, it will be released as expeditiously as possible.

Any cases concerning constitutional rights or complaints not pertaining directly to the outcome of the election or standing of a candidate will be heard according to the standing procedure for constitutional challenges.

All time periods specified in these procedures are guidelines and may be adjusted at the Council’s discretion as needed. The Council will make every effort to hear cases regarding elections expeditiously, so as not to stall or complicate the election’s process.