Special Elections

Grosseschnauzer

Grosseschnauzer

TNPer
I'll have more to say when I have some time, but I wanted to start a discussion about adding something to the Election Law to address the process of holding a special election when there's a vacancy in an office or position that's elected and that doesn't have a designated successor. We may also want to address the situation where there's a vacancy and the normal election date is close at hand.

If we can work a procedure out on these two points, then it can reduce the sense of paralysis that happens when a vacancy takes place.
 
How about a provision that permits a special election on a moments notice or an appointment to fill a vacancy on a moment's notice as part of the provision until a special election can be held (or in the instance that the vacancy comes a few days or a couple of weeks before a scheduled election)?
 
As far a temprary appointments pending a special election, we have the provisions already in place for a Vice Delegate, and the Court had adopted a rule to designate temporary court members when three judge panels are needed. The CLO can function with three members, and we have a pending proposal to deal with the Speaker's chair.

We primarily need to decide at what point special elections are coming too close to the end of an elected term, and standardize the process for a special election that takes less time than a regular election.
 
I just had a thought about how to deal with a vacancy for Vice Delegate.

Since we're about to have a mechanism to deal with absences of the Speaker from the RA; I wondering if the Speaker could be an acting V.D. pending an election, and if the Speaker doesn't have a WA nation in TNP, then he could designate an acting V.D. from the R.A. membership. (It wouldn't make sense for the Delegate to do this because of the potential for usurpation or lack of a check-and-balance on the Delegate by the V.D. and the Security Council, If we ever have a S.C., with several members, then the acting V.D. could come from those ranks, but I'm not sure we can do that right now. We really do need to take a look at the membership requirements for the S.C. for that reason.
 
I'd support that.

Though I'm not terribly concerned over the potential for Delegate usurpation. We have worse problems than that at the moment. Gotta get the place active and positions filled with active people before worrying about that.
 
Do we even have an installed Vice Delegate?

Some of the problems would be more manageable if we did and I'm not exactly sure when and why we ended up without one.
 
Feedback and comments welcomed; as you can see I'm trying to prevent any one person from stalling a special election

Proposed draft of Special Election amendment to Law 26:
TNP LAW 26
Election Dates and Procedures

This law provides for the election schedule and procedure for the offices and elections prescribed in Article I, Section Three of the Constitution of The North Pacific, or other elected offices created by law.

"Absentions" are not votes for or against any candidate, and may not be used to determine the results of any election. They may be used to signify a voter's presence for quorum, activity, or other purposes.

“Candidates” are those individual members of the Assembly who either declare themselves, or who are nominated by at least two other Assembly members, as a candidate for an office or position to be chosen at that election. Candidates may only stand for one office or position during a given Election Cycle.

“Election Commissioner” is the individual designated by the Delegate to oversee and supervise a given general or judicial election. No one who may be a candidate in an election may serve as an Election Commissioner during that election. More than one Commissioner may be designated.

“Election Cycle” is defined as the period of time that begins on the first day on which nominations, or a declaration, of candidacy are made, includes all voting periods, and concludes with the final declaration of results for an election. The exact dates for the Election Cycle shall not include any legal holidays provided in Law 23, and those dates for a general or judicial election shall be designated at least 30 days in advance by The Delegate so as to encourage the greatest level of participation by eligible voters during the designated month.

“Vacancy” in an office or position occurs when the holder of an elected office or position resigns, is removal, abandons, or is recalled. Vacancies are filled through a special election unless an special election cannot be completed prior to the beginning of the general or judicial election cycle, or in all cases pending an election, however, a vacancy may be temporarily filled as provided by the Constitution, the Legal Code, or by rule adopted by the appropriate body.

SECTION ONE. General Elections.

1. The election cycle for the 4-month terms of The Delegate, The Vice Delegate, The Speaker of the Assembly, and CLO members, shall begin on the first day of the months of January, May, and September.
2. The Delegate must select one or more Election Commissioners to oversee the nomination and election processes, at least one week before the month in which the Election Cycle begins.
3. The period for nominations or declarations of candidacy shall last for seven days.
4. Voting shall begin three days after the period for nominations or declarations has closed. Voting shall last for seven days.
5. Non-incumbent candidates for Delegate and Vice Delegate may not obtain an endorsement level during the election cycle greater than the level authorized for members of the Security Council under Law 30.

SECTION TWO. Judicial Elections.

1. The election cycle for the 6-month terms of The Judiciary, including the Chief Justice, and the Attorney General, shall begin on the first day of the months of April and October.
2. The Delegate must select one or more Election Commissioners to oversee the nomination and election processes, at least one week before the month in which the Election Cycle begins.
3. The period for nominations or declarations of candidacy shall last for seven days.
4. Voting shall begin three days after the period for nominations or declarations has closed. Voting shall last for seven days.

SECTION THREE, Special Elections

1. A special election shall be held in the event of a vacancy in any elected office or position in accordance with this Law. A special election cycle shall last for no more than fourteen days, which must be completed prior to the beginning of the next election cycle for the vacated office or position.
2. The Delegate, or if the Delegate is not available, the Speaker, or if the Delegate and Speaker are not available, any Court Justice, shall serve as Election Commissioner for the special election.
3. The period for nominations or declarations of candidacy in the special election shall last for five days, beginning within two days after the vacancy occurs or is noticed.
4. Voting shall begin one day after the period for nominations or declarations has closed. Voting shall last for five days.
5. In all instances, a plurality shall determine who is elected to fill a vacancy/ In the event of a tie, the Delegate, or if the Delegate is not available, the Speaker, or if the Delegate and Speaker are not available, any Court Justice, shall cast a tie-breaking vote.
Click to expand...
 
To which list?

Seriously, if there a vacancy for Delegate, the Vice Delegate becomes Delegate. The "lists" in the draft are for who acts as EC, and who breaks a tie, and I was trying to limit both to the "head" of each branch. At a minimum the V.D. might be involved anyhow when the elected Delegate is absent and the V.D. is acting as Delegate, and it doesn't really need to be mentioned since that's already in the Constitution.
There's also a question about the V.D., and its role as chair of the Security Council and their role in the government. And I sense a possible separation of powers type concern. My concern by the way, isn't overkill, but making sure the priority of who is to act at key points in the special election process doesn't get muddled by rival claimants, and making sure the highest available person in the priority knows they can go ahead and act so special elections do not get held up.
 
I would like to know if there is a need to continue discussions in the Committee of the Whole, or if we can move this to Formal Discussions. Provided there are no objections, I will be happy to move this to FD on October 11th.
 
Dali, I only posted the draft proposal on the 7th. We may need to fix the election cycle months currently in Law 26, and add additional fall0backs to assure a prompt EC designation, so maybe we need a few more days to discuss those points first. (Since this proposal amends Law 26, and those topics are also dealt with in Law 26, it would be logically to address them all at once.)
 
I ask the members of the RA two questions:

1. Do we want to reshuffled the months for the general election cycle and the judicial election cycle, to account for recent delays in holding normal elections? If so, to what?

2. Do we want to provide for authority as needed for someone other than the Delegate to pick an Elections Commissioner when the Delegate fails to do this on time? If so, who?
 
I'm not entirely sure about the first question, but with regards to the section I would recommend either the Speaker or the Chief Justice. Perhaps a clause could be included stating along the lines of if the Delegate has not appointed an Elections Commissioner within x amount of days before the election cycle, the Speaker/Chief Justice will appoint one.
 
Dali, my though was to have the Chief Justice with backup authority to appoint the EC for general elections, and to have the Speaker with back up authority to appoint the EC for judicial elections. In each instance, that office is not going to be on the ballot; I would say they should appoint if 48 hours has passed since the deadline foe the Delegate's appointment was due. It would take one additional sentence to be added to Section 1 and Section 2, but it shouldn't be hard to do.
 
Revised draft of Special Election amendment to Law 26:
TNP LAW 26
Election Dates and Procedures

This law provides for the election schedule and procedure for the offices and elections prescribed in Article I, Section Three of the Constitution of The North Pacific, or other elected offices created by law.

"Absentions" are not votes for or against any candidate, and may not be used to determine the results of any election. They may be used to signify a voter's presence for quorum, activity, or other purposes.

“Candidates” are those individual members of the Assembly who either declare themselves, or who are nominated by at least two other Assembly members, as a candidate for an office or position to be chosen at that election. Candidates may only stand for one office or position during a given Election Cycle.

“Election Commissioner” is the individual designated by the Delegate under this Law to oversee and supervise a given general or judicial election. No one who may be a candidate in an election may serve as an Election Commissioner during that election. More than one Commissioner may be designated.

“Election Cycle” is defined as the period of time that begins on the first day on which nominations, or a declaration, of candidacy are made, includes all voting periods, and concludes with the final declaration of results for an election. The exact dates for the Election Cycle shall not include any legal holidays provided in Law 23, and those dates for a general or judicial election shall be designated at least 30 days in advance by The Delegate so as to encourage the greatest level of participation by eligible voters during the designated month.

“Vacancy” in an office or position occurs when the holder of an elected office or position resigns, is removed, abandons, or is recalled. Vacancies are filled through a special election unless an special election cannot be completed prior to the beginning of the general or judicial election cycl; or in all cases pending an election, however, a vacancy may be temporarily filled as provided by the Constitution, the Legal Code, or by rule adopted by the appropriate body.

SECTION ONE. General Elections.

1. The election cycle for the 4-month terms of The Delegate, The Vice Delegate, The Speaker of the Assembly, and CLO members, shall begin on the first day of the months of January, May, and September.
2. The Delegate must select one or more Election Commissioners to oversee the nomination and election processes, at least one week before the month in which the Election Cycle begins. If an appointment of Election Commissioners has not been made by that time, the Chief Justice shall promptly make the appointment within 48 hours.
3. The period for nominations or declarations of candidacy shall last for seven days.
4. Voting shall begin three days after the period for nominations or declarations has closed. Voting shall last for seven days.
5. Non-incumbent candidates for Delegate and Vice Delegate may not obtain an endorsement level during the election cycle greater than the level authorized for members of the Security Council under Law 30.

SECTION TWO. Judicial Elections.

1. The election cycle for the 6-month terms of The Judiciary, including the Chief Justice, and the Attorney General, shall begin on the first day of the months of April and October.
2. The Delegate must select one or more Election Commissioners to oversee the nomination and election processes, at least one week before the month in which the Election Cycle begins. If an appointment of Election Commissioners has not been made by that time, the Speaker shall promptly make the appointment within 48 hours.
3. The period for nominations or declarations of candidacy shall last for seven days.
4. Voting shall begin three days after the period for nominations or declarations has closed. Voting shall last for seven days.


SECTION THREE, Special Elections

1. A special election shall be held in the event of a vacancy in any elected office or position in accordance with this Law. A special election cycle shall last for no more than fourteen days, which must be completed prior to the beginning of the next election cycle for the vacated office or position.
2. The Delegate, or if the Delegate is not available, the Speaker, or if the Delegate and Speaker are not available, any Court Justice, shall serve as Election Commissioner for the special election.
3. The period for nominations or declarations of candidacy in the special election shall last for five days, beginning within two days after the vacancy occurs or is noticed.
4. Voting shall begin one day after the period for nominations or declarations has closed. Voting shall last for five days.
5. In all instances, a plurality shall determine who is elected to fill a vacancy/ In the event of a tie, the Delegate, or if the Delegate is not available, the Speaker, or if the Delegate and Speaker are not available, any Court Justice, shall cast a tie-breaking vote.
Click to expand...
 
Now Flemingovia is delegate pretty much all laws can be cast aside now (see his campaign). As for elections I would like them to be held after a delegate has been in for 60 days. They take a week and I'm happy to be EC again

That's my crazy opinion of course - please rip it up if you like :D
 
I disagreed. This law should be put up to vote in my opinion as it is not in the delegate position to dictate Regional Assembly policy and I am not sure whether how Flem policy of not having a government is related to the continuity of democracy for the region that this amendment is trying to create.
 
To be clear, as Delegate, Flem is perfectly allowed under the Constitution not to have any other offices or positions in the Executive Branch; he can do all executive functions by himself if he wishes.
That does not affect the Vice Delegate and the Security Council, the Speaker and the Regional Assembly, the Council of Legal Oversight, nor the Court, the Attorney General. and the individual justices.
But it does not change the existence of the Constitution, the Bill of Rights and the Legal Code, or the other organs of government within TNP.

I'm going to guess than as soon as the Speaker is ready, we can move this proposal on to formal discussion.
 
I can move bills to a formal discussion whenever the submitter asks. If you wish it to be moved to FD, then I will be happy to do so.
 
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