[Draft] Rights to Ballot Access

Drasnia

TNPer
Category: Furtherment of Democracy | Strength: Significant

Applauding the efforts of both the World Assembly and individual nations to bring the benefits of democracy to everyone;

Understanding that for some nations it is impossible to set up an adequate number of polling locations to serve all enfranchised citizens due to many varying factors;

Believing democracy can only succeed when all citizens have equal opportunities to vote;

Seeking a solution that will prevent voting from being difficult to any citizen;

The General Assembly,

1. Defines, for the purpose of this resolution, "Absentee ballot" as a vote cast a reasonable amount of time before a public election by a registered voter who is either unable or unwilling to vote in their designated voting precinct;

2. Requires that, upon request, any citizen be given access to an absentee ballot, whether physically, electronically, or otherwise, that can be filled out and sent to the nation's Electoral Commission or equivalent body to be counted;

3. Specifies that all mail-in ballots shall be treated equally to ballots cast at official polling locations as equals and that preference shall not be given to either set;

4. Clarifies that,

a. Absentee ballots shall only be required for public elections;

b. Nothing in this resolution shall prevent nations from instituting reasonable measures to counteract electoral fraud so long as these measures are not used to disenfranchise sections of the electorate;
 
A suggestion to clean up and clarify #3.

Change "mail-in" to "absentee" to ensure electronic and other ballots are also subject to clause 3. Remove "as equals" because you already have "treated equally" and remove "set" because it's not needed.

3. Specifies that all mail-in absentee ballots shall be treated equally to ballots cast at official polling locations as equals and that preference shall not be given to either set;

One concern I have is... What if a nation doesn't have elections? Then what?
 
Sil Dorsett:
One concern I have is... What if a nation doesn't have elections? Then what?
Nothing really*as you already know) can be imposed on them to have elections.

For IC reasons I can never support this, my people deciding who they want to lead them, how silly, the government knows what's best.
 
This is a good proposal, in my opinion, and I don't see any contradiction or conflict with the current legislation. However, I am somewhat concerned with the definition of absentee ballot, specifically because it speaks of "a reasonable amount of time before a public election" (which, if I am not mistaken, would be only applicable or recommendable for the postal vote). I believe that, given the variety of methods to cast a vote of this type, mention should be made of those cases where the vote must be strictly issued during the election (e.g: without having received the voting form a time before the election day). This would improve the legal framework for electronic voting, since it is also mentioned in the text.

I like the idea of promoting such systems, since they would eventually increase the motivation and, consequently, the participation of the citizens in the electoral processes. Thank you for covering this.

Finally, and understanding that this is a good legal basis, but could be improved to cover further aspects, I would like to ask something: Will you continue with the resolution as it is, or would you like to receive some help to add other definitions and/or clauses? -I will be checking your response as soon as possible-.

Edit: Typo fixing.
 
Sil Dorsett:
A suggestion to clean up and clarify #3.

Change "mail-in" to "absentee" to ensure electronic and other ballots are also subject to clause 3. Remove "as equals" because you already have "treated equally" and remove "set" because it's not needed.

3. Specifies that all mail-in absentee ballots shall be treated equally to ballots cast at official polling locations as equals and that preference shall not be given to either set;

One concern I have is... What if a nation doesn't have elections? Then what?
Will fix.

As for what if, I'd like this proposal to ensure that optionality is preserved. It is perfectly fine to pass something that only affects a portion of WA nations, such as democratic nations (or at least nations where there are elections for public office).
 
Sir Fawkes:
This is a good proposal, in my opinion, and I don't see any contradiction or conflict with the current legislation. However, I am somewhat concerned with the definition of absentee ballot, specifically because it speaks of "a reasonable amount of time before a public election" (which, if I am not mistaken, would be only applicable or recommendable for the postal vote). I believe that, given the variety of methods to cast a vote of this type, mention should be made of those cases where the vote must be strictly issued during the election (e.g: without having received the voting form a time before the election day). This would improve the legal framework for electronic voting, since it is also mentioned in the text.

I like the idea of promoting such systems, since they would eventually increase the motivation and, consequently, the participation of the citizens in the electoral processes. Thank you for covering this.

Finally, and understanding that this is a good legal basis, but could be improved to cover further aspects, I would like to ask something: Will you continue with the resolution as it is, or would you like to receive some help to add other definitions and/or clauses? -I will be checking your response as soon as possible-.

Edit: Typo fixing.
Would something like "within a reasonable timeframe of the election, as defined by member nations" work for you?

And yeah, any and all help to make sure this proposal is ironclad before going to the NS forums would be much appreciated :) It's important that we make sure that this only applies to nations with pre-existing elections and that we aren't going to be forcing non-democratic nations to institute elections in order to comply.
 
Drasnia:
Would something like "within a reasonable timeframe of the election, as defined by member nations" work for you?

And yeah, any and all help to make sure this proposal is ironclad before going to the NS forums would be much appreciated :) It's important that we make sure that this only applies to nations with pre-existing elections and that we aren't going to be forcing non-democratic nations to institute elections in order to comply.
I think it fits better. Certain aspects should be left to the discretion of the member nations, after all. As for the applicability, yeah, it should be specified that this text only applies to nations with electoral processes.

I will make sure to contribute to your proposal in the rest of the week. I don't promise that much for tomorrow, however, because I will be attending a few personal matters. In one way or another, I will keep researching myself on this matter; I will let you know about my suggestions through this forum, or through the Discord chat.

Best.
 
Ok, Drasnia. This is my first approach, seeking to improve it:

Applauding the efforts of the World Assembly, as well as member nations, to promote and strengthen democracy,

Noting that the success of democracy depends to a large extent on equal opportunities for voting,

Further noting that it is not possible, for some nations, to establish an adequate number of polling stations to serve all citizens with voting rights, due to different factors,

Looking for a solution that minimizes the difficulties or limitations that may arise at the time of casting a vote,

The General Assembly,

1. DEFINES, for the purposes of this resolution:
a. "Public office" as an office whose holder is subject to an election, according to the legal provisions of the nation where it is exercised.
b. "Public election" as an electoral process in which the occupier of a certain public position is elected.
c. "Referendum" as an electoral process in which matters of interest or transcendence, for the nation where it takes place, and in accordance with its legal framework, are put to a vote.
d. "Voter" as a citizen who is legally eligible to participate in an electoral process, according to the legal requirements of the nation where such process is held.
e. "Absentee ballot" as a vote cast within a valid period of time, according to the electoral process and to the applicable legal provisions, by a voter who can not attend their assigned voting station;

2. CLARIFIES that this resolution applies in any member nation where the electoral processes defined in clauses 1b and 1c are held, and whenever these processes are held;

3. REQUIRES that, for any public election or referendum, voters may request and have access to an absentee ballot, whether it is physical or electronic, as a mechanism to cast their vote;

4. SPECIFIES that the procedure for requesting, receiving and sending the absentee ballot will be executed as defined in the laws of the nation where the public election or referendum is held;

5. MANDATES that voters may be able to fill out and send their absentee ballots to the electoral comission, or the equivalent organism, without obstructions and with the absolute guarantee that their vote will be treated and counted in the same way as those cast at designated polling stations, as no preferences shall be given to any of these methods;

6. FURTHER CLARIFIES that nothing in this resolution:
a. Should be interpreted as a demand or call to hold electoral processes in nations where this does not currently occur.
b. Prevents member nations from taking reasonable measures to counteract electoral fraud, provided that this does not mean depriving voters of any right.

Summarizing the changes a bit:

First, I allowed myself to reorder and change some of the phrases in the preamble, I hope that fits well.

With regard to operating section, I found it important to begin by defining certain terms that take place more than once in this proposal. However, these definitions are subject to modifications, to ensure that they do not lead to potential loopholes.

Important: The clarification that the content applies to those nations that hold elections (in any of the ways defined here).

Other aspects that I considered: Drafting of other operative clauses, separation of "moments" (right to request an absentee ballot, regulation of how it is received and sent, and the importance of counting this vote in the same way that votes cast in designed stations).

Finally, it is clarified that the resolution does not require elections in any way, nor does it prevent national legislation from taking measures to combat fraud (maintaining the basic rights of the electorate, as you pointed out in your first draft).

I hope this contributes to the progress of your proposal. Feel free to contact me for further improvements.
 
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