Request for Court order setting the election calendar for the May 2012 General Elections

[Grosseschnauzer]

In The Court of The North Pacific​

In The Matter of Setting an Election Calendar for the May 2012 General Elections

May It Please The Court:

As Attorney General, I ask the Court to take judicial notice of the provisions of Article 1, Section 3, clauses 4, 6, 7, 8, and 9, and of Law 26, in particular the definitions and the provisions of Section 1:

CONSTITUTION OF THE NORTH PACIFIC
ARTICLE I. Stipulations
Section 3: Miscellany

4. The Speaker of the Assembly, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality vote of the Assembly,
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the Assembly.

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 have accepted a nomination by another Assembly member preceding the close of nominations, 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 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 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 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, and The Speaker of the Assembly, 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.

Under the provisions in Law 26 dealing with the definition of "Election Cycle," the law provides specifically that:

"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 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.

While the Delegate has appointed an Elections Commissioner for the May 2012 General Election (see Post 2 of Unmet Delegate Obligations Thread), the Delegate has failed to post an election calendar as required by the above-quoted passage from Law 26.
The Attorney General asks the Court to take judicial notice of the following threads which have sought to remind the Delegate of his responsibility in setting an elections calendar:
Unmet Delegate Obligations
Election Calendar, as posted by the Elections Commissioner.

Inasmuch as the Delegate has not designated an election calendar, and inasmuch as the election cycle is to begin on 1 May, the Attorney General hereby files a request with the Court for an order setting an election calendar for the May 2012 General Election, and recommends to the Court the following Calendar (based upon the January 2012 Election Calendar as posted by the former Delegate on 3 December 2011 (Link to Post):

1 May 2012 -- First day of Election Cycle

1 May 2012 at 0000 GMT -- First Day of Period for Nominations and Declarations of Candidacy; Campaign Threads may be opened.

8 May 2012 at 0000 GMT -- Closing of Nominations/Declarations period.

11 May 2012 at 0000 GMT -- First Day of Voting in General Election

18 May 2012 at 0000 GMT-- Closing of Voting Period

20 May 2012 at 0000 GMT -- (if needed) First Day of Voting in Runoff General Election

27 May 2012 at 0000 GMT-- (if needed) Closing of Runoff Voting Period

Given the imminent beginning of the Election Cycle for the May 2012 Elections, and the lack of an announced calendar by the Delegate as required by Law, as Attorney General, I hereby request the Court to adopt an order setting the Election Calendar for the May 2012 Election Cycle.

Respectfully Submitted,
THE OFFICE OF THE ATTORNEY GENERAL OF THE NORTH PACIFIC

By: [me], Attorney General

 

[Grosseschnauzer]

Since the Delegate has finally fulfilled his legal obligation on the election calendar 30 days late, the need for an order has abated.

 

[Blue Wolf II]

You should have proposed another Recall. I could have used the laugh.