The ASUC attorney general has charged that mass e-mails sent to student groups opposing the recall election violate the body's bylaws.

The charge, filed by ASUC Attorney General Michael Sinanian on Monday, alleges that the Israel Action Committee and Jewish Student Union broke the clause stating that "student groups ... shall not endorse, fund or otherwise take action positively or negatively on campaigns for propositions in ASUC elections."

The two groups have sent e-mails to their listserves that have explicitly taken a stance against the recall.

"The slanderous and vague accusations made against (ASUC Senator John Moghtader) are a baseless and pathetic attempt by anti-Israel groups to silence the strongest pro-Israel senator ... VOTE NO," stated an e-mail sent to the Israel Action Committee listserve.

Israel Action Committee Co-Chair Melissa Solin, who wrote the e-mail, declined to comment on the charge.

The estimated $20,000 recall election, which took place Monday and Tuesday this week, stems from an altercation last November in Eshleman Hall in which some claim Moghtader was involved.

The Alameda County District Attorney's Office chose not to press any charges in relation to the incident.

Tara Raffi, president of the Jewish Student Union, said the e-mail she sent to her organization does not violate bylaws, because it did not endorse a stance for or against Moghtader. Rather, the e-mail argues that the election is an imprudent use of student funds.

"The reason why I knew and still know that this is not in violation of a bylaw is because the statement JSU made is not partisan," she said. "It's not saying vote no or yes on the recall election. It's against the fact that the recall election is happening."

The ASUC Judicial Council has accepted the charges, but has not yet issued a ruling. In the charge sheet, Sinanian recommended removing the student groups' ASUC funding if they are found to be in violation.

While only two student groups are being charged, other student leaders have been telling their members to vote yes by circulating mass e-mails.

Many of the e-mails advocating the recall of Moghtader included an open letter written by Dina Omar, a senior who alleges she was attacked by the senator during the Eshleman Hall altercation. Student groups who have received the e-mails include REACH! and the Southeast Asian Student Coalition.

Former ASUC Attorney General Alex Kozak said sending e-mails to listserves is not a new problem.

Kozak said he considered charging five student groups in the spring 2008 general ASUC election, but lacked the resources to do so.

"If a student group (member) is using their official status to assume the identity of a student group, then they would be violating the bylaw against endorsing a candidate," Kozak said. "So I actually do think that's wrong to do that-and it's against the bylaws."

While many students said they were not informed enough to vote, some said they would likely vote based on their organization's recommendation.

"Unless you're trying to find out more, (their recommendation) is all you'll pay attention to," said freshman Deborah Renteria.

Tags: RECALL ELECTION, ASUC