Minister of Culture and Education

Flemingovia

Flemingovia

TNPer
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OK. Since Namyeknom pulled out during the election, we are left in the odd position that we have no MOCE with a full term left to serve, and no deputy.

Given this unusual situation, I propose we hold an immediate By-election. Nominations and campaign threads to open on Monday 20th Feb, polls to open for 1 week starting Monday 27th

The timetable is tight because I do not want this to drag on for the whole of the first third of this term of office.

Anyone got anything to add, or other suggestions?

We will need to think about commissioners etc.
 
I believe the Constitution says the MoIIA supposed to commission any election I'm not running in - so I guess I'd be legally stuck with it.

But then the thingie does also say that the replacement minister is supposed to be appointed - we've already had two elections, do we really need a third?
 
I believe the pertinent section you refer to is section 5.3 of the constitution:

3) Where a vacancy occurs in any Cabinet Ministry and no Deputy for that Minister is then installed in office, the Prime Minister shall appoint a Deputy Minister who is qualified to serve as a Cabinet Minister, subject to a confirmation referendum of the registered voters of the Region. In that instance, the appointee shall serve as Minister on an acting basis until the referendum election is completed. If confirmed as a result of the referendum, that appointee shall thereupon assume the position of Minister and Cabinet member for the interim until the next election for that office. A vote of the registered voters is required to approve a motion for confirmation of such an appointment by the Prime Minister. If, after seven days, a quorum of the registered voters has participated and at least 50 per cent of those voting approve of the motion to confirm the appointment, the appointee shall remain in office to serve on an interim basis until the next election. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as that Cabinet Minister, and the Prime Minister shall promptly propose another nominee for Deputy Minister, who shall act then as minister, subject to approval of a motion for confirmation in a referendum by the registered voters of the Region.
Click to expand...

However, in this case, no MOCE has been apponted, so it is a slightly different situation to the PM apponting a deputy for a portion of a term of office. I am a little uneasy about appointing someone for a whole three month term, even with a confirmatory referendum.

However, if that is the consensus of the cabinet, I will do it.
 
I'm more comfortable with a by-election but the word of constitution is what it is. Flem, if you have a problem with it bring it up with the RA.

Have fun!
 
If one keeps in mind that a vacancy can occur when a term of office expires and no one is elected to an office, then the bolded statement clearly states the procedure to be followed.

The deermination of the existence of a vacancy is a question of fact. So the existence of a vacancy can occur through resignation or removal from office, but it can also occur as a result of the expiration of a term of office.
 
Grosseschnauzer:
The determination of the existence of a vacancy is a question of fact. So the existence of a vacancy can occur through resignation or removal from office, but it can also occur as a result of the expiration of a term of office.
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Correct me if I'm wrong but you're implying that a loophole maybe around this since our -for lack of a better word- vacancy is not exactly that which is defined by the constitution. However I find it that the vacancy is as such, because the term for the Minister of Culture and Education did end and it was during the handover or election time that the candidate dropped out. He dropped out the day of or before voting began.

Such would mean that there was an RL matter that caused a candidate who technically was a shoo in, to leave. Something this clause in the constitution set out to correct, an RL or whatever matter that would create such a vacancy for which the PM would then appoint someone to the consent of the people.

Thus, while I disagree with how it should be handled, I believe the PM should appoint someone post-haste. If Flem feels a tad uncomfortable, he could go around the matter and allow a nomination contest to be a defacto election then have a confirmation election.
 
Very well, I can see where the consensus is up until now. I will keep this topic open until Wednesday, and unless opinion changes wildly, I will appoint a MOCE then.
 
Yes, just appoint a MOCE Flem. I think the region is getting tired of election after election, and we just need to move on in my opinion.
 
Well, the election failed. We didn't get enough people, and Thel never responded to the fact that he's not registered. (Details here if you haven't seen it already)

I apologize to everyone that I didn't notice all this sooner, but the bottom line is, we've got to find someone else. NOW.
 
Is there any provision in the Constitution that states we can forgo elections for a minister in these situations, and let the PM and possibly the cabinet decide? I know, not very democratic, but we only have just a month left till next elections.
 
Dalimbar:
Is there any provision in the Constitution that states we can forgo elections for a minister in these situations, and let the PM and possibly the cabinet decide? I know, not very democratic, but we only have just a month left till next elections.
Click to expand...
That's something I had wondered about too. I think we'd at least have to get approval from the courts or something.

But yeah, anyone we appoint this late in the term would be out again almost immediately.
 
If there isn't, maybe it would be wise to admend the constitution to prevent this situation from happening again. Thank goodness it was only C&E, think of what would happen if it was Immigration and Internal Affairs, Defence or External Relations...
 
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