The counsel representing Undergraduate Student Government (USG) executive candidates Sandip Trivedi and Monica Constantino argued before the USG Supreme Court Monday to determine whether the candidates violated the 2004 elections code by acquiring campaign flyers and T-shirts at a price not available to the general public.

Trivedi and Constantino are charged with using a special agreement between Patrick McCool, the owner of Bellefonte-based PAMP Screen Printing, and USG Vice President Takkeem Morgan to acquire campaign T-shirts and copies of flyers at a discount rate.

The elections code, which governs USG elections, states that if the real price paid by the candidates is not available to the general public at the time of purchase, the fair market value will be charged against their spending limit.

Trivedi purchased the T-shirts for $3.25 each. Janet Moccia, deputy commissioner for candidacy and campaigning, said McCool told her that T-shirts would cost $4.38 each when she called PAMP to find out what price would be available to the general public. McCool refuted this statement during the trial.

"As a student, I would have loved to find a price like that, but just to keep it fair, they should be charged fair market value," Moccia said while testifying for the Court.

The elections commission recommended the Court fine Trivedi and Constantino a total of $176. The ticket could be disqualified if fines cause them to exceed their spending limit of $550. Associate Justice Greg Becker said the Court will not release its decision until early next week.

McCool testified on Trivedi and Constantino's behalf. He said his business relies on word-of-mouth advertising, so there is a need to retain preferred customers who bring in more business by referring customers. "In the course of business practice, when you know someone is working for you, you are more willing to work for them," McCool said.

McCool signed a statement, which was admitted as evidence against Trivedi and Constantino, confirming Morgan was able to receive a discount because of his preferred status.

While being questioned by Paul Scanlon, the ticket's legal counsel, McCool explained that T-shirt prices fluctuate daily and sometimes hourly.

"T-shirts work very much like commodities," McCool said. "Price can vary as much as $1 to $1.50 a T-shirt a day."

McCool said it was possible for anyone, including other USG candidates, to receive the same price Morgan received as a preferred customer. It helps to be a preferred customer, he said.

McCool told Jeff Corbets, special counsel to the 2004 elections commission, that none of the other candidates currently have preferred customer status.

Presidential Candidate Matt Antonelli testified that he had purchased T-shirts from PAMP at $5 each. He added that he told McCool he was running for USG president but did not receive the same discount. McCool said the fact that Trivedi prepaid for the T-shirts with cash made a big difference.

During closing statements, Justin Holmes, who also represents Trivedi and Constantino, said the Court decided in a previous case that receiving a lower price for T-shirts is not a violation of the elections code.

Last year, Morgan and USG President Ian Rosenberger purchased T-shirts for $1.60 each. Holmes added that other candidates would have received a similar price if they had gone to the same lengths to obtain the discount.

Corbets said McCool originally offered Trivedi copies of flyers at no charge. "You have to ask yourself, 'would that free price have been available to the general public?' " he said.

Trivedi and Constantino were not questioned during the hearing.

A second complaint against the ticket was filed last week for violating university room reservation policy.

The commission also filed a complaint against candidates Mariel Gniewoz and Cameron Lefevre for violating campaign-financing rules by acquiring T-shirts at a unit price not available to the general public.