Amend Section 4.3: Overall Election Law

[Romanoffia]

To prevent nasty constitutional arguments involving elections:

Amend Section 4.3: Overall Election Law

Item 13: Any rules regarding election not specified in the legal code will be left to the discretion of the Election Commissioners.

There, I put it in a quotey boxy so as not to step on any bureaucratic minutiae toesies.

 

[Scarpanto]

I don't think ECs should have such discretion.

 

[Deleted User (Guest)]

I think it sounds reasonable enough.

 

[Hileville]

I really don't see the point in this until the Court gives their ruling.

But I could support this if it went to vote.

 

[Romanoffia]

We might amend this to read as follows:

Item 13: Any rules regarding elections not specified in the legal code will be left to the discretion of the Election Commissioners; shall be subordinate to the Constitution and Legal Code. All rules regarding elections shall be published one month before an elections and shall be subject to confirmation by the Regional Assembly and subject to mitigation by the Court should any objections arise.

Or something to that effect.

But clearly, we need to have a simple requirement of having the EC publish in written and reference-able form so that there is absolutely no question concerning the legitimate process and protocol. Unwritten rules and 'tradition' are a very bad way to govern any process because without a written and well defined set of rules, there can be no set process and no means to challenge the constitutionality or legality of that process.

 

[Iro]

But clearly, we need to have a simple requirement of having the EC publish in written and reference-able form so that there is absolutely no question concerning the legitimate process and protocol. Unwritten rules and 'tradition' are a very bad way to govern any process because without a written and well defined set of rules, there can be no set process and no means to challenge the constitutionality or legality of that process.

Here here!

 

[Scarpanto]

We might amend this to read as follows:

Item 13: Any rules regarding elections not specified in the legal code will be left to the discretion of the Election Commissioners; shall be subordinate to the Constitution and Legal Code. All rules regarding elections shall be published one month before an elections and shall be subject to confirmation by the Regional Assembly and subject to mitigation by the Court should any objections arise.

Or something to that effect.

But clearly, we need to have a simple requirement of having the EC publish in written and reference-able form so that there is absolutely no question concerning the legitimate process and protocol. Unwritten rules and 'tradition' are a very bad way to govern any process because without a written and well defined set of rules, there can be no set process and no means to challenge the constitutionality or legality of that process.

Better. Agreed.

 

[Crushing Our Enemies]

Honestly, I think we should just add the word "regulate" to "oversee" and "supervise" and leave it at that. This seems a bit overkill. The RA doesn't need to vote on the election rules.

 

[Romanoffia]

Honestly, I think we should just add the word "regulate" to "oversee" and "supervise" and leave it at that. This seems a bit overkill. The RA doesn't need to vote on the election rules.

Ah! Good idea! It makes it more defined and more specific. OK, how does this sound (note bold addition to the amendment of this proposition for clarity):

Item 13: The duty of the Election Commissioners shall be to regulate, oversee and supervise election rules, procedures and protocol. Any rules regarding elections not specified in the legal code will be left to the discretion of the Election Commissioners; and such discretionary rules shall be subordinate to the Constitution and Legal Code. All rules regarding elections shall be published one month before an elections and shall be subject to confirmation by the Regional Assembly and subject to mitigation by the Court should any objections arise.

I think that about covers it all.

 

[Hileville]

Honestly, I think we should just add the word "regulate" to "oversee" and "supervise" and leave it at that. This seems a bit overkill. The RA doesn't need to vote on the election rules.

Ah! Good idea! It makes it more defined and more specific. OK, how does this sound (note bold addition to the amendment of this proposition for clarity):

Item 13: The duty of the Election Commissioners shall be to regulate, oversee and supervise election rules, procedures and protocol. Any rules regarding elections not specified in the legal code will be left to the discretion of the Election Commissioners; and such discretionary rules shall be subordinate to the Constitution and Legal Code. All rules regarding elections shall be published one month before an elections and shall be subject to confirmation by the Regional Assembly and subject to mitigation by the Court should any objections arise.

I think that about covers it all.

Who will determine these laws that need to be written and passed 30 days before the election? The EC's aren't announced till a week before elections.

 

[Crushing Our Enemies]

Roman, you misunderstood my post entirely. I meant that we should scrap this proposal and simply amend 4.2:6 to read:

6. "Election Commissioner" is an individual designated to supervise regulate a given election. No one who may be a candidate in an election may serve as an Election Commissioner during it.

and amend 4.3:9 to read:

9. In General and Judicial elections, Election Commissioners will be appointed by the Delegate to oversee regulate the nomination and election processes at least one week before the month in which the election 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.

and just trust our elected delegate to appoint ECs who will regulate elections responsibly. This will put to bed future concerns over whether ECs are allowed to make rules.

 

[Romanoffia]

OK, understood.