Central Student Judiciary
Michigan Student Assembly

Hamdan A. Yousuf

v.

Election Director eMILY wINTER, AND Election Board

November 23, 2009

PRELIMINARY INJUNCTION ORDER
TORRES, J., delivered the Opinion of a Unanimous Court.

Introduction

Plaintiff, Hamdan Yousef, alleges misconduct by the Election Director and Election Board of the Michigan Student Assembly (Defendant) as regards their determination of eligibility for acceptance of an application to run for the position of Student Representative on the Michigan Student Assembly. Plaintiff requests a preliminary injunction calling for inclusion as a legitimate, recognized candidate. This injunction would include the ability to exercise all rights and privileges of official candidate registration.

Defendant denies allegations of misconduct and disputes the necessity of the injunction to the campaign of Plaintiff. A panel of three Justices heard oral argument on the Motion on November 22nd, 2009. For the reasons that follow, Plaintiff’s motion for a Preliminary Injunction is GRANTED.

Discussion

Pursuant to Section 51.351 of the Central Student Judiciary Manual of Procedure, for an injunction to be issued it must be shown that: a) the party requesting the injunction is be a party to an action before CSJ; b) the requesting party will suffer irreparable harm if an injunction is not granted prior to the final disposition of the action; c) the opposing party will not be irreparably harmed by the injunction; and d) the requesting party has a reasonable chance of prevailing at trial.

Plaintiff is, indeed, a party to an action before CSJ. Criteria A is thus fulfilled.

Due to the limited amount of time in which school is in session before the Thanksgiving holiday, and thus the limited amount of time in which Plaintiff might campaign for election to MSA, the Court finds that irreparable harm would be done were injunction not to be granted. Although Plaintiff may run as a write-in candidate, as Defendant contends, the legitimacy of candidacy conferred by official school recognition is essential to Plaintiff's campaign, as well as the full and fair use of MSA resources granted to officially recognized candidates. Criteria B is thus fulfilled.

Further, the Court finds that Defendant will not suffer irreparable harm by the issuance of an injunction. The injunction is not a determination of guilt, and as such is not be held a challenge to the legitimacy of the Defendants in their capacity as election administrators, as they contend. Further, any such questions of legitimacy raised by the injunction can be fully remedied if this Court finds for the Defendants on the merits of the action. No other arguments were raised by the Defendants in support of their objection. Criteria C is thus fulfilled.

Finally, the Court finds that Plaintiff has presented matters of fact and points of law which, construed together, state a claim for relief that bears at least a reasonable chance of success of the merits. Thus, Criteria D is fulfilled.

As all criteria for the award of a temporary injunction are fulfilled,

IT IS ORDERED that Plaintiff's request for injunction is GRANTED.

IT IS FURTHER ORDERED that Plaintiff be included in the official list of candidates maintained online by the Election Board, and afforded all rights and privileges thus associated.

IT IS FURTHER ORDERED that Plaintiff be included in all databases, e-mail correspondence and other such official and unofficial proceedings and administrative affairs as should occur in the administration of the Fall 2009 MSA student government elections.

IT IS FURTHER ORDERED that this injunction be implemented within two hours of the end of the Injunction Hearing, which is to say by 1:58 am, November 23, 2009.

Dated this 23rd Day of November, 2009.



JUSTICE TORRES, joined by HUSTON, J. (Presiding Justice), and RINGWOOD, J.