The Student Government Association (SGA) Elections Board released its findings in the hearings it held on Thursday and Sunday determined Empower and Elevate will be fined for campaign violations.
Empower will receive a $50 fine for campaigning early on its social media. The Board found Empower had not committed any trademark violations with their logo.
According to the Elections Board hearing transcripts, the statement said, “We did not create our own logo. This was created by a Ball State alumni, and so we assumed it would be all right. The flying bird icon used by both parties is similar but not identical.”
The bird logo could be found on a website called Affinity Design. “Additionally, the name Empower Fitness was trademarked, whereas the bird was not. Even if the logo was trademarked, Empower 2019 and Empower Fitness do not operate in the same sphere so there is no concern for confusion,” the statement said.
“Per the email sent by Empower Fitness, we see that the company is drafting a legal document granting permission for Empower 2019 to have a limited use of this logo. This document has not been completed, however, and as such, it has not been provided to the Elections Board,” according to the Elections Board from the hearing documents.
Julian Simmerman, presidential candidate of Empower, said before the campaign, the slate reached out to an alumni the slate knew.
“He came to us to like, nine different design ideas,” Simmerman said after the hearing. “And we mixed two of them together, and we came up with that logo.”
Julian Simmerman, presidential candidate for Empower, said that before the campaign, the slate reached out to an alumni known by slate members.
“He came to us with like, nine different design ideas,” Simmerman said after the hearing. “And we mixed two of them together, and we came up with that logo.”
The Board asked Empower to cease its use of there bird logo until Empower Fitness completes the document giving Empower limited use of the logo.
The logo was used on several posts on the slate’s social media.
Elevate was fined $100 for their use of the Ball State logo without getting permission from Ball State. According to the documents, Elevate said it never sought the university's permission.
Additionally, the board fined Empower $25 for not registering the alumni as a volunteer at the Nomination Convention.
“There is no precedent regarding fines for an unreported campaign volunteer, but the Sheriff’s letter from this year does state that unreported fundraising activities incur a fine of $25,” according to documents from the the second hearing.
Empower had also received a $50 dollar fine for violating another rule, which is to not conduct “disruptive behavior” in Bracken library.
The elections board received a video that showed Simmerman campaigning at the Library near the computers.
“Library policy, per the Guidelines and Policies page on Bracken’s website, prohibits ‘disruptive behavior’ and ‘soliciting and proselytizing,’” according to second hearing documents.
The statement said Empower said they were informing students over the upcoming elections, and not soliciting votes.
Empower was also accused of setting up brochures in table tents at the Atrium, which is a violation of the election’s code. Empower said in the statement that someone else had put the brochures there.
“The Elections Board finds it unlikely that someone would collect numerous fliers from Empower 2019 and put them in table tents on tables across the Atrium in an effort to frame the slate. Even so, there is no definitive proof that Empower 2019 placed the fliers in inappropriate places around the Atrium,” according to second hearing documents.
Elevate was fined $100 for their use of the Ball State logo without getting permission from Ball State. According to the official statement, Elevate never sought the universities permission.
The logo appeared in a post on the slate’s twitter, naming the six standing SGA committees and the five caucuses.
“We take full responsibility. The graphic was pulled from Canva, an infographic making software. This may be a trademark violation from Canva or it may be free-for-use.” Elevate said in the official statement.”
Cameron DeBlasio, vice presidential nomination, said that Elevate understood they committed a violation, but the slate was “a little surprised” that the fine was $100.
“We’ve [Elevate] kind of discussed ways to go about having a discussion with them [Elections Board] about how they came to that number,” DeBlaisio said after the hearing.
United has been fined a total of $50 for early campaigning on a social media page.
“Previous slates have been fined for posting profile and/or cover photos on social media before the close of the Nomination Convention. Previous slates have been fined $50 for early campaigning on social media, regardless of whether their accounts were private or not,” documents from the second hearing said.
Andrew Harp contributed to this story.
Contact Charles Melton with comments at cwmelton@bsu.edu or on Twitter @Cmelton144.
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