Text of the Opposing Statements of HLS Administration and Student Government’s Election Commission regarding the recent Student Referendum on Israel’s Actions in Gaza

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HLS Administration” Statement Regarding Student Government Activities (Received in HLS Student Emails on March 10, 2025 at 3:14 PM)

Dear Students:

This communication concerns outreach you will be receiving from HLS Student Government in connection with some of its upcoming activities. 

Student Government is in some respects different from other student organizations in that it is meant to be uniquely representative of the whole student body. To help assure anonymous voting and an accurate vote-count in elections for Student Government offices, the HLS Dean of Students office has in past years helped facilitate these elections. This year, however, Student Government has posted its own procedure for voting and has declined to respond to requests for confirmation that its voting process will be anonymous. 

Separate from the election of officers, Student Government leadership is also conducting an unrelated referendum based on a student petition that poses a question about divestment. Student Government leadership has been informed by students and other student organizations that its referendum is written in a way that is needlessly divisive and that weakens the bonds and bridges that enable us to grow with and learn from one another. Doing so runs contrary to Student Government’s stated objectives of “fostering community” and “enhancing inclusion.” It is deeply disappointing that Student Government leadership is proceeding in this fashion, and the Law School administration will play no role in it. 

Finally, there appears to be some confusion among students about their freedom to express views about or related to the referendum. Such expression is permitted by all students, notwithstanding any rule of a student organization (including Student Government) that purports to limit it, subject, as always, to HLS and University policies including time, place, and manner rules.

HLS Administration

HLS Student Government Election Commission Statement on the Special Election (Dated March 11, 2025)

This spring semester, over 300 law students signed a petition calling for the referendum now under consideration. The petition was delivered to Harvard Law School’s Student Government in late February, triggering a student body-wide referendum pursuant to Article V, Section 3 of the Student Government Constitution. The referendum was referred to the Election Commission, the body responsible for administering Student Government elections under Chapters 5.2 and 5.3 of the Student Government Bylaws. The Election Commission is a committee of students appointed by the Student Council and the Co-Presidents for the purpose of independently, fairly, and transparently organizing elections. 

Shortly after its formation, the Election Commission reached out to the HLS Administration to request collaboration on this referendum vote (a “special election”) as well as the annual Student Government elections that occur in the spring semester. On March 4th, the HLS Dean of Students responded by denying the Election Commission’s request to collaborate on administering the referendum but offering to assist in administering candidate elections. The Election Commission asked for more time to consider the Administration’s offer to host the candidate elections separately. We have not refused the Administration’s offer to host candidate elections, but such a split in election administration is difficult to justify and requires more attention. In the meantime, the Election Commission has moved forward with the referendum election independently as is our responsibility under our bylaws. In January, the Student Council proactively affirmed the power of Student Government to administer its elections independently in Resolution No. R-208-005, in response to the administration’s obstruction of a referendum on the Fall Semester library bans. 

In the same March 4th email, the Dean of Students provided some recommendations and reminders to the Election Commission, including the necessity of informing voters if their vote could not be made anonymous. We have incorporated their recommendations into our process. The Election Commission will necessarily have access to the raw voting data in order to tabulate the vote. However, as has always been the case, including when the HLS Administration has hosted elections, students can be confident that their vote will not be disclosed to any party beyond the one administering the vote. Raw voting data will remain secure and separated from any other part of Student Government, current or future, as well as separate from the HLS Administration. The Election Commission will take every precaution to ensure the anonymity of participants is protected. 

We encourage maximum student body participation in both the special election and the candidate elections. Taking part in electoral processes is the cornerstone of democratic ideals, a profound act of civic participation, and, most importantly, a way for the HLS community to identify and express its values.