Request for Review

[Eluvatar]

The Attorney General's office places supreme importance on the correct and proper execution of the law. Therefore, I find myself obliged to request a judicial review of what appears to be an illegal action by the Delegate.

The Delegate has unilaterally declared the appointment of an interim Vice Delegate pending an election, but the Constitution does not appear to grant them any such power.

The relevant parts of the Constitution that the Attorney General's office can readily identify are:

10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.

3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.

And in the Legal Code:

"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 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.

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.

 

[Govindia]

Your request for Judicial Review is granted. I will start up a separate thread shortly. I will be hearing this case, and any decision I make on this case can be appealed.