URGENT: Leaving a candidates name off a ballot

Ultimately, I think the question is whether or not article 9 of the Bill of Rights was breached by leaving a candidate off the ballot. My first thoughts would be that yes, it is, but I'm not sure how to reconcile that with the election procedures established in the legal code. The BoR has supremacy over the Legal Code, but as there are no details as to how to reconcile the two, I don't see an easy way to proceed.
 
Ruling of the Court of the North Pacific​
In regards to the Judicial Inquiry filed by King Durk the Awesome on Leaving a Candidates Name off the Ballot​

The Court took into consideration the Inquiry filed here by King Durk the Awesome.

The Court took into consideration the Relevant section of the Legal Code of the North Pacific:

Section 4.5: Special Elections
16. A special election will be held in the event of a vacancy in any elected office or position.
17. The Delegate, or if the Delegate is not available, the Speaker, or if the Delegate and Speaker are not available, any Court Justice, will serve as Election Commissioner for the special election.
18. The period for nominations or declarations of candidacy in the special election will last for five days, beginning within two days after the vacancy is noticed.
19. Voting will begin one day after the period for nominations or declarations has closed and last for five days, unless there is only one candidate for each vacancy in which case they will take office immediately.
Click to expand...

The Court took into consideration the Relevant sections of the Bill of Rights of the North Pacific:

Bill of Rights:
9. Each Nation in The North Pacific is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Nation of The North Pacific, due process of law, including prior notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of the Constitution. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.
Click to expand...

The Court opines the following:

It is the belief of the Court that the accidental omittance of a Candidate from the Ballot does in fact violate that Candidates Rights under Section 9 of the Bill of Rights. It is therefore ordered that the voting period for the Special Election of Vice Delegate is restarted immediately. The Court believes that in such cases where a timetable for elections is present when a violation of the Bill of Rights or Constitution is found in order to keep the legitimacy of the election the timetable must be altered as not doing so would in itself be a violation of the Bill of Rights.

The Court recognizes mcmasterdonia's immediate attempt to rectify the situation by adding the missing candidates name back to the ballot as soon as being made aware of the situation. The Court does appreciate when an official in the Government attempts to correct a mistake however this specific rectification was not enough to satisfy the Bill of Rights.
 
You must log in or register to reply here.
Back
Top