1540 Williams and Brown v. International President

Appellants were not the candidates “who would have been elected if the election had not been challenged” within the meaning of Article 38, §12, because the outcome of that election was still undecided. The accuracy of the initial count had been called into question, so the results of the election could not be announced until there was either a recount or a new election. Only if there were convincing evidence that the election materials had been tampered with after the first count would a rerun of the election have been warranted. This record supports President Gettelfinger’s conclusion that there was insufficient evidence to support such a remedy.