Discussion re: Delegate Term Limit

Hileville

TNPer
TNP Nation
Hileville
Discord
Dennrick#0489
Filed here:

Constitution Article 3 clause 9:
9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person may serve more than two consecutive terms as Delegate.

In the current circumstances where McMasterdonia was elected to serve out the remaining 2 months of my 4 month term, would McMasterdonia, if re-elected in January, be eligible to run in May? Would he, if elected in May, have to resign in July?

I would like to ask the Court to please render an explanation on this question by April.
 
As BlackShear pointed out, in the past this law was taken to mean two full terms and I am in general agreement with this.

As the quoted law points out, an election will be held every four months for vice-delegate and delegate. This would mean four full months constitutes a term, and anything less is not a full term or, to put it very loosely, a term in general.

Technically, if we allowed any amount of time to count as a term, a vice-delegate could be named delegate before an election ends and that one day would be a "term". This could be used somewhat vindictively if the VD is about to be the clear winner of the elections and the Delegate doesn't like them and wants an excuse to limit them to one full term.

I'm going with one full elected term of four months or it doesn't count as an official term.
 
Ruling of the Court of the North Pacific
In regards to the Judicial Inquiry filed by Eluvatar on Delegate Term Limits

The Court took into consideration the Inquiry filed here by Eluvatar.

The Court took into consideration the Relevant Sections of the Constitution of the North Pacific:

Article 3.9 of the Constitution:
9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person may serve more than two consecutive terms as Delegate.
The Court opines the following:

It is the belief of the Court that the specific section of the Constitution quoted above is clear on this matter. The Court believes that the drafters of the Constitution intended this clause to mean one term equaled a four month period. Under previous Constitutions this was also common practice as eluded to by Blackshear. The Court would also like to clarify the fact of elected to two consecutive terms as Delegate but either resign or be recalled or abandon your office in any other way this DOES NOT create a work around for the two consecutive term limit. The Court believes this is the only potential way to interpret this Section of the Constitution.
 
One elected term, I should stress. Don't want people to resign in the last moth of their second elected term and claim that, because it wasn't a full four months long, it doesn't count. :P
 
ALTERNATE WORDING:

Ruling of the Court of the North Pacific
In regards to the Judicial Inquiry filed by Eluvatar on Delegate Term Limits

The Court took into consideration the Inquiry filed here by Eluvatar.

The Court took into consideration the Relevant Sections of the Constitution of the North Pacific:

Article 3.9 of the Constitution:
9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person may serve more than two consecutive terms as Delegate.
The Court opines the following:

It is the belief of the Court that the Article 3.9 of the Constitution was intended to mean one elected 4 month period was equal to one full term. To elaborate further the restriction laid out in Article 3.9 for no more than two consecutive terms means two consecutive elected four month periods. With that being said the Court also would like to make clear that this does not allow for a Delegate to resign during their second term and then run again for another term in the following election. If the individual was elected to Delegate Seat for two complete 4 month periods they are not eligible to run for a third term even if they are recalled, resign, or abandon the office of Delegate in any way during the second term.
 
Back
Top