[DRAFT] The Open Elections Act

Jinkies

Professional Gnome Wrangler
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TNP Nation
Mackinac Island
I drafted this because campaign DMs annoy me.

Chapter 4 of the Legal Code will be amended to include Section 4.8: Private Campaign Messages as follows:
40. The Speaker will publicly maintain a list of citizens who are comfortable with receiving private campaign messages from candidates for office.
41. Citizens may ask their names be added to the list of citizens in 4.40 via posting in said forum thread.
42. Campaigns must register all private campaign messages sent with the Election Commission.

Chapter 1 of the Legal Code will be amended as follows:
Section 1.14. Unsolicited Campaigning:
28. “Unsolicited Campaigning” is defined as campaigning for elected office in The North Pacific in a private message without the recipient’s name being on the list of citizens willing to receive such communications.
29. “Unregistered Campaigning” is defined as campaigning for elected office in The North Pacific in a private message without registering the campaign message with the Election Commission.
Section 1.15: Exceptions
30. Exceptions for treason, espionage or proxying may be given to members of the military and intelligence services with the consent of the Delegate and the appropriate Minister when on officially sanctioned missions for the purposes of preserving regional security.

Chapter 2 of the Legal Code will be amended as follows:
11. Unsolicited Campaigning will be punished by removal from office, and the suspension of voting rights for no less than four months.
12. Unregistered Campaigning will be punished by the suspension of voting rights, restriction on standing for election, and/or restriction on serving as a government official for whatever finite duration the Court sees fit.
 
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I like this and think the foundation is good. We may need to define a campaign because sometimes you get DM campaigns from people who aren't running but are pushing RON or a certain candidate.
 
I like this and think the foundation is good. We may need to define a campaign because sometimes you get DM campaigns from people who aren't running but are pushing RON or a certain candidate.
A good point.

Perhaps something broad like "private message campaigning on behalf of an election issue"?
 
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From the BoR: "Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region and its territories." The RA would be overstepping it's authority by enacting limitations on this type of speech.
 
From the BoR: "Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region and its territories." The RA would be overstepping it's authority by enacting limitations on this type of speech.
Speech in the real world is regulated by similar laws, even in the US, and this would not overstep any more than regulations already present in the LC.
 
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From the BoR: "Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region and its territories." The RA would be overstepping it's authority by enacting limitations on this type of speech.
I disagree. People will only have to report it to an independent commission. It does not take away their right to say those things.
 
From the BoR: "Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region and its territories." The RA would be overstepping it's authority by enacting limitations on this type of speech.
From the Legal Code:
Section 1.3: Fraud
12. "Election fraud" is defined as the willful deception of residents with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.
13. "Fraud" is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.

Section 1.4: Perjury
14. "Perjury" is defined as the willful provision of deceptive testimony provided under oath with the intent to deceive in a criminal trial being heard by the Court of The North Pacific.

We already put restrictions on free speech, this would merely be another - and one less stringent or overbearing than the ones already in place.
 
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Criminalizing election-related DMs would be opening a particularly sticky can of worms. For example, anyone not on "the list" could very easily entrap a candidate while in the midst of any old conversation. This law would clearly have a chilling effect on a candidate's ability to engage in free speech about anything via private message.
 
The use of DM campaigns is much more effectively punished by electorate protest than legal pressure, imo.

This will likely create more problems than it solves unless you define things so narrowly that the bill will no longer serve a functional purpose. All it currently seeks to do is triple the bureaucratic work-load for the incumbent speaker before any election.
 
I am generally opposed to DM campaigning but I believe outlawing it would be a step too far and would indeed be unconstitutional under the Bill of Rights. Any current restrictions on speech are placed on types of speech that are unequivocally harmful - for example, perjury perverts the course of justice, fraud is achieving a goal via deceptive means. DM campaigning may be annoying, and it may be in some cases unfair, but it is not unequivocally harmful. As others have acknowledged, it is often an effective strategy for underdogs and can make an uncompetitive election more competitive, which is arguably a good thing. From my understanding, DM campaigns are more used to increase exposure for the candidate rather than to target opponents. If someone is using DM campaigning for more nefarious purposes, public pressure can be used to expose such behaviours. Much like how candidates have the right of free speech to DM campaign, anyone in the region has the right of free speech to publicise DM campaigning.
 
All it currently seeks to do is triple the bureaucratic work-load for the incumbent speaker before any election.
Having been the Speaker before elections, there is barely any workload at all.
 
The use of DM campaigns is much more effectively punished by electorate protest than legal pressure, imo.
100% agree here. My pov is that free speech should only be infringed when there is a clear harm - fraud, perjury etc. Getting a campaign DM is definitely annoying but it’s hardly a harm in the legal sense.

Definitely do not support criminalising this behaviour.
 
I think others have adequately gone over the principled issue with this (Free speech), but I want to highlight an additional issue in implementation. I have had ongoing DM chats with several of the candidates and could easily see how those talks could be construed at campaigning by me if I wanted to entrap someone, or, conversely, how those candidates could argue that it wasn't campaigning but just following up on earlier conversations, seeking my feedback on a topic, what have you. On the other hand Halsoni (The only person whom I didn't have an ongoing conversation with) actually asked a real, legitimate question that I wouldn't think is covered because it's not a campaign as such. That discussion later turned into something that I would classify as Halsoni campaigning, but then you have to question whether candidates have to stop an ongoing conversation because their candidacy comes up. Furthermore if I want to DM someone to talk about an issue I think is important, and which is only championed by one candidate, am I engaging in campaigning despite being unaffiliated with the campaign of that particular candidate?
I don't think this is a good solution, in principle or in practise.
 
My DMs and TGs are normally open, except for electioneering. I personally don't like it. I normally express my annoyance at DM/TG campaigns by voting against the candidate(s) that DMed/TGed me. That said, I cannot support the proposal; I agree with Tlomz here:

The use of DM campaigns is much more effectively punished by electorate protest than legal pressure, imo.
 
I would like to bump this bill, because I have become aware that DM campaigns continue to annoy people and cause drama and escalation of the democratic process into what are effectively verbal brawls.

I will be continuing to draft this for roughly the next week (including comments I've forgotten to incorporate) and then likely moving for a vote next weekend, hopefully giving enough time for the new administration to settle in and for all this to cool down some. Further feedback is welcome.
 
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I do not support this proposal. I think it is unconstitutional.

Perhaps there's a softer way. The RA could maintain an opt-out list where citizens could request their names be added. Campaigns would be discouraged from targeting messages at nations on that list. It wouldn't be strictly illegal, but we could build a custom to honor that request.
 
From the BoR: "Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region and its territories." The RA would be overstepping it's authority by enacting limitations on this type of speech.
I agree with this vehemently. This bill is unconstitutional.

Fiji's suggestion seems sensible to me, though.
 
I agree with Fiji. There will need to be a serious re-write which takes into account the ways this legislation can be misused, as suggested in the comments above.

We will first need to define what constitutes "campaign speech." Keep in mind the best kinds don't even say "vote for me," or "don't vote for them."
 
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I appreciate the feedback. I agree that a softer approach is more desirable to avoid potential constitutionality issues, though I personally disagree on whether that would indeed be unconstitutional.

I will rework in conjunction with other feedback I have received prior to this.
 
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Perhaps there's a softer way. The RA could maintain an opt-out list where citizens could request their names be added. Campaigns would be discouraged from targeting messages at nations on that list. It wouldn't be strictly illegal, but we could build a custom to honor that request.
I think this is an elegant solution and probably a lot more workable than amending the Bill of Rights. Perhaps rather than the RA, the Election Commission could be the body that manages such a list?
 
The use of DM campaigns is much more effectively punished by electorate protest than legal pressure, imo.

This will likely create more problems than it solves unless you define things so narrowly that the bill will no longer serve a functional purpose. All it currently seeks to do is triple the bureaucratic work-load for the incumbent speaker before any election.
I reiterate my position that this is not the correct path to take and have little desire to see how this eventually gets dealt with by our courts should it pass.

I'll support a suggestion list being maintained at the EC or RA level. But nothing more than that.
 
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we could build a custom to honor that request
I hope people suffer any consequence should they break that custom, although it seems like the region has somewhat accepted it at this point.

Definitely support the suggestions made in this thread. While I disagree it's unconstitutional, I can see the argument being made, and should this get passed, it would probably need a Request for Review by the Court. Perhaps some members of the Court can chip in on this discussion as there's seemingly significant disagreement over whether or not this violates our most 'sacred' (with a lack of a better word) laws.
 
Yes, I agree with Tlomz. Can we not just have an unspoken etiquette whereby particularly hostile DM-campaigns are viewed as a bit of a no-no and not the behaviour we should expect from electoral candidates? Fiji’s suggestion could theoretically work, but I do think this whole idea is a bit over the top.
 
Can we not just have an unspoken etiquette whereby particularly hostile DM-campaigns are viewed as a bit of a no-no and not the behaviour we should expect from electoral candidates?
This was a thing with DM campaigning as a whole for a while, but that was overthrown. I think establishing some kind of formality to the process means it can be regulated a little bit. That way, there will be something to point to when saying DM campaigning shouldn't be happening or at least not in the way it currently is. I also feel like the Election Commission should endeavour to let the electorate know that there would be an opt-out option available to them, but I don't think that needs to be legislated in this bill. Something for the EC to figure out among themselves, I would say.
 
Based on how these discussions have gone in the past, and how they have often been resolved, what do we think of this as a solution?

Mandate that all campaign DMs (including forum PMs, in case people felt the distinction was particularly important) be publicly posted in the candidate's thread. In the past when this has flared up, people sharing the DMs they received often soothed feelings. It also forces the candidates to be very deliberate and judicious in the messaging they use in the DM, as they know it will be seen by a wider audience. And since this will be a known requirement, or one that people can observe, it's more likely that an errant DM that is not reported could be reported. Candidates falling out of compliance could then be subject to prosecution, or if we don't want to go that far, they take a hit in the court of public opinion for trying to pull a fast one on their opponent. This is also commonplace in WA voting - campaign TGs often get shared in the discussion thread on the NS forum, particularly when there's an effort for that campaign to exclude certain other players.

Naturally this will lead some to wonder about what constitutes "campaign." If my approach is desirable, this is where I imagine the bulk of the debate will center. I would propose that any DM that directs players to view campaign threads or the voting thread, or provides links to these areas; explicitly asks for a vote or for a vote to be changed; provides a narrative or argument for why the voter should choose this candidate or not choose the other (think campaign mail or flyers that give a quick pitch for or against a candidate); or was unsolicited by the player would constitute mandated reporting. Because these messages can often be tailored to specific individuals, I would further specify that every unique DM would need to be reported separately. It may be the case a candidate is sending the same message to everyone they reach out to, but often they vary, and the variations can matter. Furthermore, we could extend these requirements to surrogates as well using the same conditions, as that's obviously a way around this.

If a voter comes to the candidate asking for questions or clarification, I see no reason that needs to be reported - for one thing, the voter is directing that process, and inviting the arguments and comparison, and may have a reason for not pursuing something similar from the other candidate. People seeking knowledge and answers to help them make their decision is part of the process and I would err on the side of looking after their privacy rights. By a similar token, once the pitch has been made and the conversation happens, I am not suggesting we mandate reporting of the entire conversation. I can understand how the back and forth may give the candidate a chance to go from an innocent sounding message to dark conspiracy blatant falsehoods, but aside from it being a huge risk for the candidate to take in the event the other party shares the exchange, the transparency surrounding it provides a contrast not only for that voter but for others who are receiving a similar message. If all the public DMs are nice and polite and milquetoast, the seedier darker stuff will stand out more and makes it more likely it gets revealed.

I do not see this as violative of free speech - the candidate is still free to send DMs, there's just certain rules of conduct for doing so.
 
The last thing I want is for a court case to be litigated on the basis of which parts of a candidate's private conversation with a voter constituted "campaigning," and which didn't.
 
The last thing I want is for a court case to be litigated on the basis of which parts of a candidate's private conversation with a voter constituted "campaigning," and which didn't.
I did try to address this in my post, by pointing out that we can’t mandate the entire conversation be reported and to leave any untoward discussion that ensues to be addressed by social norms. If the law mandates a DM be reported with the criteria or listed, or other criteria as may be decided by this assembly, the only thing they could be charged with is failing to report content that meets that criteria. You need not get lost in the weeds of what constitutes campaigning, if evidence shows you have a DM that met the criteria and it was not reported, that’s the violation.

The only grey area in what I laid out was the part I compared to receiving campaign mailers. You would need to be specific on that stuff, to minimize the interpretation issue. But I don’t think you have to completely cover this stuff with a blanket - the initial disclosure is probably sufficient.
 
Guys, while not being the nefarious type, I can still think of a dozen ways to get someone else in trouble with the law.

Let's talk about what Ghost refers to as "Surrogates." I assume that would be a candidate asking a friend to circulate a campaign message. Those would need to be posted in the candidate's campaign thread. Yet sometimes friends will talk to other people about candidates all on their own. Sometimes people will trash talk candidates they don't support. Lots of things are said both with or without a candidates knowledge and approval. As a candidate, one would not want that chatter posted in a campaign thread. Yet how would we know the difference between authorized and unauthorized messages? And just how busy do the courts need to be?

In the bigger picture, if a candidate's strategy is to get out the vote, no other method is as effective at increasing voter participation as having a one-on-one conversation with the citizens. To legislate limitations will serve to thwart efforts to maximize voter turnout. I have to say, I really balk at this attempt to criminalize something because some people find it "annoying."

And on a personal note, no one is coming for my DMs. These days it may be a quaint notion to hold respect for their privacy, but you will have to pry them from my cold, dead hands.
 
It would probably be more effective to make DM campaigning mandatory. And why stop there? Create a body for DM oversight, that publishes a government approved DM of election campaign platforms to all citizens.
 
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