Before the Court of the North Pacific - Byardkuria, Chief Justice, presiding.
On April 27, 2006, the following request was filed with the Court.
Dalimbar:
Mr. Chief Justice and Associate Justices of the Court of The North Pacific,
I come before the Court of The North Pacific requesting that the Courts legally recognize two members of the North Pacific Army as official candidates for the Minister of Defence race. The members are Haor Chall and Azazel. Though recognizing the continuation of voting after the legal deadline was up, members of the North Pacific Army have reached a majority decision on the two in question, each attaining 54.5% (6/11 for each). I wish to see legal recognition of the two candidates, and a smooth continuation of this election.
Thank you.
Dalimbar
Minister of Defence of The North Pacific.
Per the Constitution of The North Pacific, aspirants to the office of Minister of Defense are bound by all common law regarding Cabinet office aspirants, found primarily in Article III of the Constitution, as well as a peculiar restriction to that position –
Constitution of the North Pacific:
5) To stand for election as the Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to nomination or declaration of candidacy. Members of the North Pacific Army may endorse one or more candidates that stand for election as Minister of Defense in the same election.
It is this question which must be considered primarily in disputes of eligibility for this position. It would appear to be a fairly simple question of fact. In the designated nomination thread, (
http://s13.invisionfree.com/TNP/index.php?showtopic=1061)Haor Chall declared his candidacy on Apr 25 2006, at 04:53 AM (all times given are US Central, unless designated otherwise). He received the majority endorsement on Apr 25 2006, at 09:01 PM*. As such, Haor Chall was not, at the time he declared his candidacy, eligible to run for the office of Minister of Defense. The fact of the matter, however, is that there is a very simple workaround for this concern, in that a party in this circumstance would need simply to declare their continued interest in candidacy after the majority in question had been declared. In a campaign thread, (
http://s13.invisionfree.com/TNP/index.php?showtopic=1084), Haor Chall continues to actively discuss matters of candidacy and office with various members of the region. It is the opinion of the Court that this is a tacit declaration of candidacy, and, therefore, Haor Chall is an eligible candidate for the office of Minister of Defense in this term.
Azazel declared his candidacy in the same thread on Apr 28 2006, at 03:19 AM, and received the majority endorsement Apr 27 2006, at 04:45 PM. Therefore, he does not face the same question as the prior party. However,
TNP Law 5:
D- [Declarations of candidacy] may be made during a seven day period starting 10 days prior to the designated voting period for the election cycle for the next term of office. Alternatively, any three Nations that are registered voters may nominate a Nation as a candidate for UN Delegate, UN Vice Delegate, Prime Minister, a specific elected Cabinet Minister, Speaker of the Regional Assembly or for a seat on the Security Council during a seven day period starting 10 days prior to the designated voting period for the election cycle for the next term of office. The Election Commissioners or their designees shall verify the eligibility of each Nation that declares or is nominated as a candidate, and shall publish the certified list of candidates for each office or position one day prior to the beginning of the voting period.
Per Article III, Section 1, Paragraph B of the Constitution,
. . . Voting shall commence at 12:00 am GMT on the first day of the designated month and end at 11:59 pm GMT on the seventh day of the designated month. . .
By these dates, the latest time a potential candidate for office in this election cycle could declare their candidacy was 11:59 GMT, April 27, 2006. Azazel’s candidacy was declared 28th April 2006, 09:19 AM GMT. Therefore, by the above cited law, Azazel is not an eligible candidate for the office of Minister of Defense in this term.
*Due to potential security concerns, the Court is electing, at this time, not to directly release the thread in which these endorsements were given.
Entered this Twenty-Ninth day of April 2006, at 0432 GMT.
Byardkuria
Chief Justice of the North Pacific
