Amendment to Article 3.9 of the Constitution

Actually, hold on. The term "election cycle" is currently defined and used only in the Legal Code, not in the Constitution. It is also a non-trivial term, in that we cannot assume a unique implicit definition that can be used when interpreting the Constitution (as the Constitution is superior to the Legal Code, it is interpreted on its own and not in the context of the Legal Code). We should not use it.

Also, even in the Legal Code, the term "election cycle" is not well-defined as far as I can tell. There is Clause 4.2.7:
7. "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 and concludes with the final declaration of results for an election. The dates for the Election Cycle will be designated at least 30 days in advance by the Delegate .
and then there is Clause 4.4.13
13. The election cycle for the terms of the Delegate and Vice Delegate, and of the Speaker, will begin on the first day of the months of January, May, and September.
(and there is also an analogous clause for the Judiciary).

If we go by 4.2.7, then special elections arguably also qualify as "election cycles". But if we go by 4.4.13, "election cycles" are only general elections. (Note, by the way, that if we consider "election cycles" to be only general elections, then the last sentence in 4.2.7 is either non-applicable, or contradicts 4.4.13.)

A quick fix for the constitutional amendment part would be to use the following:

9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person shall be elected Delegate to a full or partial term in three consecutive elections.
Note though that the effect of this would be a little different from what we assumed to be the effect of Punk's wording: as with Punk's, mcmasterdonia would have been prevented from running in May; however, unlike Punk's, Eluvatar would have been allowed to run in the currently ongoing special election.
 
I disagree with that effect of the quick fix.

This fix is equally quick:
9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person shall be elected Delegate to a full or partial term in three elections within a twelve-month period.
What do you think?
 
r3n, should I take your last post as a withdrawal of your motion to vote?

Karp, just to be clear, are you moving that we vote on the version of the bill that Zvet posted in the last post on the second page of this thread?
 
Crushing Our Enemies:
r3n, should I take your last post as a withdrawal of your motion to vote?
Yes, I have withdrawn mine.

Funk, please read my last post. It does not clear confusion, because of the use of the term "election cycle".
 
I'm going to second the motion.

I actually think "election cycle" is pretty clear in the legal code and the word choice in my amendment was intentional. Election Cycle is consistent within the legal code in that it is undertaken during the first part of January, May, and September for Del and Vice-Del elections. The Constitution is ambiguous as to "every four months" for each elective office but the LC provides parameters around this. B/C the Constitution states "every four months" - the LC can never legally define a term of office as anything less or more than that.
 
I'm still waiting for clarification from Karp. Punk, as Karp's motion is the only one on the floor, I assume that's the one you're seconding? All the others have been withdrawn.
 
punk d:
I actually think "election cycle" is pretty clear in the legal code and the word choice in my amendment was intentional. Election Cycle is consistent within the legal code in that it is undertaken during the first part of January, May, and September for Del and Vice-Del elections. The Constitution is ambiguous as to "every four months" for each elective office but the LC provides parameters around this. B/C the Constitution states "every four months" - the LC can never legally define a term of office as anything less or more than that.
Though I disagree with the assertion that "election cycle" is unambiguous in the Legal Code, for the reasons I argued two posts of mine earlier), let's for now say that "election cycle" does indeed have an unambiguous definition.

That is not the main issue here. The term "election cycle" is not present in the Constitution. It is only defined in the Legal Code. For the unambiguous definition of "election cycle" to be of any value when used in the Constitution to establish term limits, the definition itself also need to be contained in the Constitution. Otherwise, the effect of the constitutionally established term limits will change every time we change the definition of "election cycle" in the Legal Code.


I like the proposal by Chas.
 
flemingovia:
Dear Sweet jesus.

I am just checking. This is a game we play for fun, right?
Says the guy who posts a list of open court cases in his sig.

Anyways, I might as well try to catch up on this... and done. Here's my stances:
1. There should be wording to allow for a maximum of 10 months in office consecutively. Before someone asks, I mean they can serve a part of a term if they are elected to the Delegate position via a special election more than halfway through a Delegate's term and then can run for their own two terms as well.

2. I do not support the lifting of term limits. That is a dangerous idea and it endangers the idea of giving "newer" participants a chance to run in elections. Term limits give a chance for different policies to come into play and change course.

3. I like pie.

I would support a change in the law, but I think it should be allowed that a person could serve say, the last month of a Delegate's term via a Special Election, and then run for two more terms of their own. I would not support the allowance of running for two more terms after finishing the term of another Delegate for a time greater than two months.

I hope all (or any) of this makes sense... I'm not sure if I'm entirely clear.
 
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