Request for ruling

[Gracius Maximus]

In the Security Council vote, I accepted abstains into the formal tally as well as the official count. I did so as it was the custom that I had followed throughout my career as Speaker and was custom before I was Speaker. I now ask the Court whether this action was in the spirit of the Constitution and if these actions can be reversed for the Security Council.

This petition has been brought to the Court for review.

A previous Court, under the ruling and auspices of a previous Constitution, ruled that posted Abstains were to count towards the total vote tally in Regional Assembly legislative activities.

Common practice is that abstentions are just that, abstentions from voting. Equating an abstention to a "Nay" is not, in my opinion, in the spirit of the Constitution or the Bill of Rights since inclusion of non-votes as negatives can be seen as an unfair bias towards those voting "Aye" since they are not technically "Nay" votes.

Considering further that this is considered from an IC standpoint as a grouping of individual national representatives gathered in a governmental hall then it only makes sense that only those voting for or against be counted in the tally with the abstentions being equivalent to "present" within the hall itself for the vote but without taking part.

Further, it can be reasonably argued, and at least supported by this Justice, that since only those items specifically carried over from the old Legal Code and Constitution that were voted upon and ratified by the Regional Assembly into the new Constitution and Legal Code were considered "law" at the time of acceptance that precedent rulings like this from a prior Court would be null and void on principle if not in fact.

Thoughts?

 

[Haor Chall]

I would think it makes most sense for abstentions to be counted for quorum requirements (if/when necessary) but not to count as a vote, otherwise -like you say- they are effectively a "nay". So yes, I agree.

 

[Heft]

Agreed, abstentions shouldn't affect the vote.

 

[Gracius Maximus]

Thank you both. I will post the ruling shortly.