Driskell and Burton could be redeemed, he said, not because they returned the goods that exceeded the limit, but because of the type of goods that would have brought them over.

The EC originally said the pair received too many "in-kind" donations--goods that a ticket receives for free but that still count towards its total expense limit. Driskell and Burton claimed, though, that these were actually things any candidate could have obtained and should not count toward their total spending.

After a day of saying otherwise, and after Driskell's landslide victory, the EC agreed with the candidates' interpretation of the rules.

Andre V. Moura '03, an EC member, said Levy's change in explanation for the decision was an attempt to make the commission's desired outcome fit the facts at hand.

"Basically, the thought was that [Driskell and Burton] should not be kicked off the campaign," Moura said.

The donations in question included leftover buttons that Burton retrieved from the office of the Bisexual, Gay, Lesbian, Transgender and Supporters' Alliance (BGLTSA). The Driskell-Burton campaign covered the buttons with stickers and gave them to their supporters.

Lemonade that Driskell got from the Mather House kitchen and gave out in front of the Science Center was also suspect. The candidates did not report either donation.