Request for Judicial Ruling

[Hersfold]

After a rather interesting conversation on the IRC channel, I am forced to ask the court for an official ruling regarding write-in votes during elections.

The election procedures outlined in the Constitution state that a candidate must be nominated, or declare their candidacy, for the position for which they are running. That nomination period is supposed to end before elections begin. By writing in a candidate not listed on the ballot, voters are essentially nominating a new candidate after the nomination period has ended. However, there is nothing that states a write-in vote is illegal.

With two ballots already showing three write-in votes, a quick response would be appreciated, however I do recognize that the court is rather busy at the moment.

The United Federation of Hersfold
Prime Minister
Election Commissioner

 

[Mr.Gaunt]

ENTERED THIS FIRST DAY OF AUGUST, TWO THOUSAND SIX,

Before the Court of the North Pacific, Associate Justice Presiding

Judicial Ruling regarding write-in votes

Based on the TNP Law 5 Section 2 para. A, B, C and D, Section 3 para. A, the TNP Court hereby rules that election procedures and primings do not include casting write-in votes and therefore such votes must be invalidated.


Signed,

Leland Gaunt
Associate Justice of the North Pacific

Explanatory statement:
The description of TNP election procedures is clear.

There is the possibility to to declare candiday or being nominated:

Any member Nation of the Region that is a registered voter ..., may declare its candidacy for Prime Minister or any elected Cabinet Minister.
Any member Nation of the Region ...., may declare its candidacy for Speaker of the Regional Assembly or for a seat on the Security Council.

C - Any member Nation with UN member status located within the Region ......, may declare its candidacy for UN Delegate or UN Vice Delegate. Such Nation that has UN membership shall have resided in The North Pacific for at least three months, and shall have been active on the Regional off-site forum for at least one month at the time of nomination or declaration of candidacy for election to the office of Delegate or Vice Delegate.

There are rules for declarations and nominations:

D- Such declarations 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 ... during a seven day period starting 10 days prior to the designated voting period for the election cycle for the next term of office.

Key part:

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.

The election has to be based on the certified list.
Due to the clear description of the election procedure, the Court sees no room for further interpretation and thus write-in votes may not be cast in ballots.

 

[Hersfold]

Thank you for your time, your honor.