Draft Rules of the Election Commission

Discord
COE#7110
I'm putting this here to get some public comment before the Election Commission votes on the final version. This is a draft, and several suggestions for improvement have already been made in this thread. To be clear, this is not legislation that the RA will vote on. This is a set of rules to guide the EC in running elections, subordinate to the constibillocode. I'm going to be on vacation from RL work and NationStates until 8/22, at which point I will take all comments into consideration and produce a second draft for the EC to tweak and vote on.

Rules of the Election Commission

Section One: Administration
1. Whenever the position is vacant, the Election Commissioner with the longest tenure who is willing and not absent will become the Senior Election Commissioner.
2. When the Senior Election Commissioner is absent, the Election Commissioner with the longest tenure who is willing and not absent will serve as a temporary replacement until the Senior Election Commissioner is no longer absent.
3. The Senior Election Commissioner will administer these rules, and use their discretion where no rules exist.
4. By default, votes to amend these rules will last five days, and can only be held when an election is not in progress. Other votes will last three days by default.
5. If the outcome of any vote is no longer in doubt, the Senior Election Commissioner may end the vote early at their discretion.
6. When temporary Election Commissioners are needed, the non-absent commissioners will come to a consensus regarding who to appoint. If no consensus can be reached, the Senior Election Commissioner will create a list of all suggested appointees, and hold a vote in which each Election Commissioner may vote for as many or as few as they wish. Those with the most votes will be appointed.
7. The Senior Election Commissioner will maintain a roster of current Election Commissioners and the date of their oath of office.
8. At least one week before any general or judicial election, the Senior Election Commissioner will designate two willing Election Commissioners to supervise the election. Whenever a special election is called for, the Senior Election Commissioner will promptly designate two willing Election Commissioners to supervise the election. Election Commissioners so designated will hereafter be referred to as “Election Supervisors” though this role is not distinct from their position as Election Commissioners, and is considered part of the regular duties of an Election Commissioner.
9. Election Commissioners who expect to be absent, or are unwilling to supervise a regularly scheduled election should endeavor to inform the Senior Election Commissioner at least two weeks in advance of the election.
10. The Senior Election Commissioner will control access to forum accounts for the purpose of supervising elections, including The Voting Booth, The Polling Place, and The Ballot Box. The password to one of these accounts will be given to the Election Supervisors before an election, who will promptly change the password, and share it only between themselves. After the final results of the election are certified, they will give the password to the Senior Election Commissioner, who will promptly change the password again.

Section Two: Election Procedures
1. In advance of any regularly scheduled election, Election Supervisors will obtain lists from the Speaker’s office of all citizens who are eligible to run for office. In the case of a special election, such a list must be obtained before the close of candidacy declarations.
2. After voting begins, Election Supervisors will promptly obtain a list from the Speaker’s office of all citizens who are eligible to vote.
3. During candidacy declarations, Election Supervisors are obligated to include a list of declared candidates in the opening post of the thread for candidacy declarations. They are encouraged, but not required, to include lists of those who have been nominated, those who have declined nominations, and those who were nominated, but not eligible to run. In some circumstances, such as when all citizens have been nominated for office, it would be appropriate to omit such lists, or put them inside spoiler tags.
4. During voting, private ballots will be announced in separate posts. If a private ballot is changed, the corresponding post will be edited accordingly.
5. Public ballots may be changed by the voter either by editing the original ballot directly or by making a new post in the voting thread. Any time a voter posts more than one ballot in the voting thread, only the most recent one will be counted.
6. Election Supervisors will endeavor to keep an up to date tally of votes available to the Election Commission at-large, with private ballots anonymized. The Election Supervisors may modify how each ballot is counted until the final results are certified.
7. Any time during the voting period, or six hours thereafter, any Election Commissioner may challenge a particular ballot by private message, and submit an alternate interpretation of how it should be counted. The Election Supervisors may accept or deny any challenge.
8. If a ballot is modified by the voter, any prior challenge of that ballot will be null and void.
9. If the results of challenged ballots could change the outcome of the election, the results must be certified by the Election Commission at large. Otherwise, the Election Supervisors will promptly certify the results after the voting period ends.
10. To certify the results at large, the Election Supervisors will promptly present the results of the election to the Election Commission for certification by majority vote. Simultaneously, the Election Commission will also vote on the outcome of each challenged ballot. If the vote to certify the results fails, then each challenged ballot will be counted according to the outcome of their respective votes. The results will then be considered certified.

Section Three: Irregular Ballots
1. If a voter does not vote Yes or No to a question to re-open nominations for a given office, their vote for that office will not be counted.
2. In all other cases, any portion of a ballot that is properly completed will be counted, even if other portions of the ballot are left blank.
3. If a voter selects more candidates for a given office than are allowed, their vote for that office will not be counted.
4. If a voter selects fewer candidates for a given office than are allowed, their unused selections will be treated as abstentions, and their votes for that office will be counted.
5. If a voter misspells the name of a candidate on their ballot, their vote will be counted unless it is unclear which candidate they intended to vote for.
6. Any time a voter is at risk of having a portion of their ballot go uncounted, they must be immediately contacted by the Election Supervisors by private message and telegram.

Section Four: Citizen Petitions
1. If a citizen petitions for a decision of the Election Supervisors to be reviewed, the Election Commission at large will promptly vote between the following options:
a. Uphold the decision of the Election Supervisors
c. Reverse the decision and continue the election
d. Overrule the decision and restart the voting period
e. Overrule the decision and restart the election
2. During this process, if three or more Election Commissioners move that the election should be halted, the Election Supervisors will immediately halt the election.
3. Election Commissioners can only vote for one option, and if an option gains a majority, it will be put into effect.
4. If no option gains a majority, the election will be halted (if it has not been already) while the commission deliberates.
5. The Senior Election Commissioner will endeavor to efficiently determine a course of action that has majority support of the election commission, and put it to vote.
 
Section One: Administration
1. Whenever the position is vacant, the Election Commissioner with the longest tenure who is willing and not absent will become the Senior Election Commissioner.
2. When the Senior Election Commissioner is absent, the Election Commissioner with the longest tenure who is willing and not absent will serve as a temporary replacement until the Senior Election Commissioner is no longer absent.
I'm not sure on using seniority to select the Senior Commissioner, in that it could create periods of high turnover in the position which could create problems if the turnover occurred during an election period, if there ended up with a number of Commissioners having the conclusions of their terms bunched together and a number of them were not returned to the Commission. I'm also not that sure on the title, in that there may be times (either under the proposed system or alternatives) where the "Senior Election Commissioner" is not the senior election commissioner, which could create some confusion.
4. By default, votes to amend these rules will last five days, and can only be held when an election is not in progress. Other votes will last three days by default.
5. If the outcome of any vote is no longer in doubt, the Senior Election Commissioner may end the vote early at their discretion.
I'm not sure about clause 5 here. Unless it were not possible for Commissioners to change their vote, it would seem to always be possible to say that the outcome of a vote was in doubt and that decisions to close a vote early would be likely to be challenged (leaving aside whether or not such a challenge would be successful). If clause 5 were omitted, I would assume that there would be no need for the instances of "by default" in clause 4.
Section Two: Election Procedures
7. Any time during the voting period, or six hours thereafter, any Election Commissioner may challenge a particular ballot by private message, and submit an alternate interpretation of how it should be counted. The Election Supervisors may accept or deny any challenge.
9. If the results of challenged ballots could change the outcome of the election, the results must be certified by the Election Commission at large. Otherwise, the Election Supervisors will promptly certify the results after the voting period ends.
10. To certify the results at large, the Election Supervisors will promptly present the results of the election to the Election Commission for certification by majority vote. Simultaneously, the Election Commission will also vote on the outcome of each challenged ballot. If the vote to certify the results fails, then each challenged ballot will be counted according to the outcome of their respective votes. The results will then be considered certified.
I am somewhat uncertain as to how it is intended that these clauses interact, what is the intended effect of an Election Supervisor accepting or denying a challenge if the whole of the Commission votes on the challenged ballot in the circumstance of an election that would be decided by a challenged ballot? Is there a vote in any event, does an acceptance by the Supervisors mean the challenge is valid and must be voted on while a denial means it is invalid and will not be, or does an acceptance settle the challenge while a denial presses it to vote?

Section Four: Citizen Petitions
1. If a citizen petitions for a decision of the Election Supervisors to be reviewed, the Election Commission at large will promptly vote between the following options:
a. Uphold the decision of the Election Supervisors
c. Reverse the decision and continue the election
d. Overrule the decision and restart the voting period
e. Overrule the decision and restart the election
Why not use overrule for sub-clause c (also, labeling is off here) as is used for the other sub-clauses, the alternate wording doesn't seem to make a difference? (in that "overrule" doesn't imply restarting, as restarting is expressly mentioned in the sub-clauses also, so using "overrule" without those express mentions in c wouldn't give rise to the assumption that c requires restarting.)
2. During this process, if three or more Election Commissioners move that the election should be halted, the Election Supervisors will immediately halt the election.
Might it be better for this provision to work on the basis of a fraction of the Commission, rather than an absolute number? With the present Commission, this would require all but one of the Commissioners (excluding those who's decision is being reviewed) to move for the halt for it to be successful, with the minimum number of Commissioners it would require the non-supervising Commissioners to be unanimous; with a full Commission, however, less than half of the non-supervising Commissioners would suffice.

On the subject of non-supervising Commissioners, is it intended that they will be able to vote in the review of their own decision?
 
Zyvetskistaahn:
Section One: Administration
1. Whenever the position is vacant, the Election Commissioner with the longest tenure who is willing and not absent will become the Senior Election Commissioner.
2. When the Senior Election Commissioner is absent, the Election Commissioner with the longest tenure who is willing and not absent will serve as a temporary replacement until the Senior Election Commissioner is no longer absent.
I'm not sure on using seniority to select the Senior Commissioner, in that it could create periods of high turnover in the position which could create problems if the turnover occurred during an election period, if there ended up with a number of Commissioners having the conclusions of their terms bunched together and a number of them were not returned to the Commission. I'm also not that sure on the title, in that there may be times (either under the proposed system or alternatives) where the "Senior Election Commissioner" is not the senior election commissioner, which could create some confusion.
You're not alone in that concern, and in the second draft the EC selects the Chief Election Commissioner and defines a term, and seniority rules in the interim, or during absences.
Zyvetskistaahn:
4. By default, votes to amend these rules will last five days, and can only be held when an election is not in progress. Other votes will last three days by default.
5. If the outcome of any vote is no longer in doubt, the Senior Election Commissioner may end the vote early at their discretion.
I'm not sure about clause 5 here. Unless it were not possible for Commissioners to change their vote, it would seem to always be possible to say that the outcome of a vote was in doubt and that decisions to close a vote early would be likely to be challenged (leaving aside whether or not such a challenge would be successful). If clause 5 were omitted, I would assume that there would be no need for the instances of "by default" in clause 4.
Elu's post captures what I was going for with this clause. In the second draft, I've clarified that the CEC can only end a vote early if an absolute majority is reached. The idea here is to avoid unnecessary delays during an election.
Zyvetskistaahn:
Section Two: Election Procedures
7. Any time during the voting period, or six hours thereafter, any Election Commissioner may challenge a particular ballot by private message, and submit an alternate interpretation of how it should be counted. The Election Supervisors may accept or deny any challenge.
9. If the results of challenged ballots could change the outcome of the election, the results must be certified by the Election Commission at large. Otherwise, the Election Supervisors will promptly certify the results after the voting period ends.
10. To certify the results at large, the Election Supervisors will promptly present the results of the election to the Election Commission for certification by majority vote. Simultaneously, the Election Commission will also vote on the outcome of each challenged ballot. If the vote to certify the results fails, then each challenged ballot will be counted according to the outcome of their respective votes. The results will then be considered certified.
I am somewhat uncertain as to how it is intended that these clauses interact, what is the intended effect of an Election Supervisor accepting or denying a challenge if the whole of the Commission votes on the challenged ballot in the circumstance of an election that would be decided by a challenged ballot? Is there a vote in any event, does an acceptance by the Supervisors mean the challenge is valid and must be voted on while a denial means it is invalid and will not be, or does an acceptance settle the challenge while a denial presses it to vote?
If an EC challenges a ballot, the supervisors either accept or deny, and whichever way they decide is how it will appear in their version of the results. Whether the challenge is accepted or denied does not affect that ballot's status as "challenged".

Six hours after voting is over, if all the challenged ballots are not enough to affect the outcome, then the election supervisors can certify the final results themselves, without any vote of the commission at large. If, however, deciding some challenges differently could have produced a different outcome, the results must be certified at large.

The way that at-large certification works is the commission votes on the supervisors' version of the results (with challenged ballots appearing as they were decided by the supervisors). If their results achieve majority support, then those results are certified. If, however, those results do not gain majority support, then we look at each challenged ballot individually. The EC votes between two options: the ballot as originally cast, and the alternate interpretation that was submitted with the challenge. Whichever option achieves a majority, that is how that ballot will be counted in the final results. Even though these votes could be unnecessary, they take place simultaneously with the vote on the supervisors' version of results, to potentially save time.

Hope that makes sense.

Zyvetskistaahn:
Section Four: Citizen Petitions
1. If a citizen petitions for a decision of the Election Supervisors to be reviewed, the Election Commission at large will promptly vote between the following options:
a. Uphold the decision of the Election Supervisors
c. Reverse the decision and continue the election
d. Overrule the decision and restart the voting period
e. Overrule the decision and restart the election
Why not use overrule for sub-clause c (also, labeling is off here) as is used for the other sub-clauses, the alternate wording doesn't seem to make a difference? (in that "overrule" doesn't imply restarting, as restarting is expressly mentioned in the sub-clauses also, so using "overrule" without those express mentions in c wouldn't give rise to the assumption that c requires restarting.)
I had a hair-split reason for using different words there, but no one seems to understand it but me. I changed it to overrule in the second draft.
Zyvetskistaahn:
2. During this process, if three or more Election Commissioners move that the election should be halted, the Election Supervisors will immediately halt the election.
Might it be better for this provision to work on the basis of a fraction of the Commission, rather than an absolute number? With the present Commission, this would require all but one of the Commissioners (excluding those who's decision is being reviewed) to move for the halt for it to be successful, with the minimum number of Commissioners it would require the non-supervising Commissioners to be unanimous; with a full Commission, however, less than half of the non-supervising Commissioners would suffice.
I think to halt an election, the EC's calling for a halt should necessarily outnumber the Election Supervisors, but not necessarily the rest of the commission. Hence, three: the number that is one more than the number of supervisors.
Zyvetskistaahn:
On the subject of non-supervising Commissioners, is it intended that they will be able to vote in the review of their own decision?
Yes. Just because they were the first to make a decision on an issue doesn't mean they're less impartial than any other EC.

EDIT: The second draft that I made repeated reference to is found here: http://forum.thenorthpacific.org/single/?p=10078768&t=9069782
 
Back
Top