Appointment of Darcania to the Election Commission

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Deropia

Peasant Wizard
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Dero#2736
I hereby appoint @Darcania as an Election commissioner subject to confirmation vote by the regional assembly.

The Delegate has appointed @Darcania to the Election Commission. This appointment is subject to a confirmation vote by the Regional Assembly. The Speakers Office now opens the floor to debate regarding this confirmation.
 
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Why do you want to become an Election Commissioner?

Are you affiliated with any other regions? If so, what positions do you hold in these communities?

What is the procedure should the Election Commission announce false election results?
 
This one is a no brainer for me. Darc has served this community in many ways. From his time as MoD, Speaker of the Regional Assembly, Attorney General, and his experience being an Administrator for the forums he has proven that he is more than capable of performing the duties of this office.

I will ask the obligatory "Do you plan on running in any of the upcoming elections (January General, March Judicial and May General)?" and "Are there any procedures of the EC that you would change? Why or Why not?"

Best of luck Darc, you have my support!
 
Why do you want to become an Election Commissioner?
I have previously served as an Election Commissioner and enjoyed doing so, and as I do not wish to for elected office for the near future, and given that the Delegate has been appointing many new members, I volunteered. After Eluvatar's term expired, I was appointed.

Are you affiliated with any other regions? If so, what positions do you hold in these communities?
The only foreign affiliations I have are ambassadorships from TNP to TEP and TBH as part of my FA work.

What is the procedure should the Election Commission announce false election results?
Such a thing should be well avoided since the entire Commission must certify the supervisors' results before the results are posted. If the supervisors announce falsified results regardless, a criminal Court case would likely be afoot for gross misconduct, as well as the Commission posting the actual certified results.
Of course, if your hypothetical scenario is that it's the entire commission working to falsify the results, rather than solely the supervisors, then I'd also be in on it by definition of the scenario and would have no further action to take.

Do you plan on running in any of the upcoming elections (January General, March Judicial and May General)?
I have no plans on running in any election for the forseeable future, and in fact would prefer to avoid elected office for now.

Are there any procedures of the EC that you would change? Why or Why not?
Nothing much, given that they were originally written by experienced past commissioners, but I would like to see a provision for a commissioner being declared or declaring absence for an upcoming election. This would have to be carefully worded, naturally, lest the supervisors or Chief EC be inadvertently given too much power.
 
Darcania has a proven record and I have full support for the nominee. I hope we can move to a vote quickly .
 
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Let's let Zyvet get his questions in first at least.
puts on his Zyvet mask

In relation to the quasi-judicial function in reviewing the decisions of supervisors of elections, what qualities (and, if considered relevant, experiences) do you have that would assist in carrying out that function?

In what circumstances might you consider it appropriate to use the power of the Commission at large to replace the supervisors of a given election?

(I think these are his main ones that have not already been asked)
 
In relation to the quasi-judicial function in reviewing the decisions of supervisors of elections, what qualities (and, if considered relevant, experiences) do you have that would assist in carrying out that function?
Well, my main quality would be experience. I was both the first Election Commissioner and first Chief Election Commissioner under the new system when it was first adopted, and have served as an Election Commissioner even before then (I think thrice?). Beyond that, I have also served in various legally-focused offices, like Speaker and Attorney General for multiple terms each, and spreadsheet-focused offices, like Minister of Defense and Speaker, along with the out-of-character position of forum administrator.
Beyond experience, I also have a well-established legal mind, and am generally a stickler when it comes to the law. I also genuinely love working with spreadsheets, so I rarely get tired of working with them.

In what circumstances might you consider it appropriate to use the power of the Commission at large to replace the supervisors of a given election?
The main scenarios I can think of are when a supervisor has gone inactive or gone rogue, by mistake or by intent. Of course, as Sil had pointed out before, the "gone rogue" situation isn't covered by the rules of the election commission, so I'd like to append to my previous answer to Dero that a majority vote from the EC to replace supervisors be one of the potential remedies in response to a citizen petition. There is also, of course, the scenario where a supervisor loses their position as a Commissioner, whether due to loss of citizenship, recall, abandonment, etc.
 
I am grateful to those members who have beaten me to the punch on a number of questions. There are some questions I would want to ask.

First, in relation to this:
Such a thing should be well avoided since the entire Commission must certify the supervisors' results before the results are posted. If the supervisors announce falsified results regardless, a criminal Court case would likely be afoot for gross misconduct, as well as the Commission posting the actual certified results.
Of course, if your hypothetical scenario is that it's the entire commission working to falsify the results, rather than solely the supervisors, then I'd also be in on it by definition of the scenario and would have no further action to take.

My understanding from the Commission's Rules is that, provided that challenged ballots would not change the result, it is open to supervisors to certify results (and, indeed, required of them). Is there some respect in which the practice of the Commission deviates from that? It might be that two issues are being elided in practice, giving opportunity to challenge and certification, but I wish to be clear.

On the suggestion of including processes for specific irregularities in the Rules, do you think that is something you would pursue or support if a Commissioner?

On the question of absences, I think that absences being declared by the absent person would seem uncontroversial, the real risk to my mind is around people being declared absent by someone else. In relation to that issue, having served on the Commission and, in particular, as Chief Election Commissioner, what, broadly, would you think could be an appropriate mechanism for those declarations? To my mind, it seems that the options would essentially be: the CEC declares; some number (not being a majority) of ECs declare; or a majority of the ECs declare.

Having regard to the practical needs of the Commission, from your experience, what constraints could be appropriate, in terms of matters like, for example, days without logging in or similar?
 
My understanding from the Commission's Rules is that, provided that challenged ballots would not change the result, it is open to supervisors to certify results (and, indeed, required of them). Is there some respect in which the practice of the Commission deviates from that? It might be that two issues are being elided in practice, giving opportunity to challenge and certification, but I wish to be clear.
You are correct that, as per the commission's rules, only the supervisors need certify the results in most cases. However, since the rest of the commission will often have oversight over the current tally both during the election and six hours after (in order to be able to challenge a ballot), commissioners in practice will often also double-check the total count, since it usually only requires a mite more effort to do so. Of course, I can't speak for the entire commission or the present roster, but from my own experience and from watching #election-commission on Discord, it seems to me to be the case for at least some commissioners.

On the suggestion of including processes for specific irregularities in the Rules, do you think that is something you would pursue or support if a Commissioner?
I believe so. My legal experience tends toward executing and interpreting law, however, not drafting law, so don't expect me to act with haste on such.

On the question of absences, I think that absences being declared by the absent person would seem uncontroversial, the real risk to my mind is around people being declared absent by someone else. In relation to that issue, having served on the Commission and, in particular, as Chief Election Commissioner, what, broadly, would you think could be an appropriate mechanism for those declarations? To my mind, it seems that the options would essentially be: the CEC declares; some number (not being a majority) of ECs declare; or a majority of the ECs declare.
This is only my own vague thoughts on this, and is by no means guaranteed to be my approach to this issue if I draft an amendment to laws/procedure, but I believe the best approach would be not to declare a commissioner absent in absentia at all, but instead to grant the CEC the power to appoint a temporary commissioner beyond the minimum of five with the approval of a majority of the commission. This would bypass the major concern of taking power away from a commissioner with malice of intent, as they would still keep their official authority.

Having regard to the practical needs of the Commission, from your experience, what constraints could be appropriate, in terms of matters like, for example, days without logging in or similar?
I am hesitant to have the procedure deviate from the Assembly's laws on this, as by enshrining such provisions in law the RA thus indicates that such is their standard for officials. If, however, you are asking for my own personal opinion on how I would vote in a hypothetical situation where the Commission were declaring a commissioner absent, then my answer is that I would have to judge it on a case-by-case basis.
 
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This is only my own vague thoughts on this, and is by no means guaranteed to be my approach to this issue if I draft an amendment to laws/procedure, but I believe the best approach would be not to declare a commissioner absent in absentia at all, but instead to grant the CEC the power to appoint a temporary commissioner beyond the minimum of five with the approval of a majority of the commission. This would bypass the major concern of taking power away from a commissioner with malice of intent, as they would still keep their official authority.
This is a very interesting way to resolve the issue and I very much see the merit in it, though it may involve require a fair bit of drafting to get right.

On election petitions, though there have been (and one hopes will continue to be) relatively few of them, there does appear to be a practice among Commissioners to give their reasons when voting on the determination of petitions, would you commit to maintaining that practice (at least in relation to your own votes), should you be required to determine any petitions? If not, why not?

May I also ask, as the current Chief Election Commissioner will be serving until mid February, by which point I believe the bulk of the Commission will be made up of newer appointees, would you, given your past experience, be considering serving as Chief Election Commissioner for some period during this term?

EDIT: I would also note, Mr Speaker, that I do intend to object to a vote being scheduled on this matter, much though I do support the appointment, as it has been before the Assembly for barely more than a day and I would, therefore, ask that such a vote not be scheduled to take place so quickly as to frustrate the possibility of objection.
 
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This is a very interesting way to resolve the issue and I very much see the merit in it, though it may involve require a fair bit of drafting to get right.
As it would likely require an amendment to the Legal Code to bring about such a change, such an approach would have plenty of opportunity for such drafting.

On election petitions, though there have been (and one hopes will continue to be) relatively few of them, there does appear to be a practice among Commissioners to give their reasons when voting on the determination of petitions, would you commit to maintaining that practice (at least in relation to your own votes), should you be required to determine any petitions? If not, why not?
I would maintain that practice. The Election Commission is best kept as a very open, transparent government body, as enshrined in its procedures, and providing reasoning for how I vote on such heavy matters is well in line with that principle.

May I also ask, as the current Chief Election Commissioner will be serving until mid February, by which point I believe the bulk of the Commission will be made up of newer appointees, would you, given your past experience, be considering serving as Chief Election Commissioner for some period during this term?
I generally prefer to step back and let newer people take over unless I believe I could bring something new to the table. That said, the Chief should have a good baseline of experience as a Commissioner under their belt so they can effectively execute on the procedure of the Commission. If the rest of the commission wishes me to serve, I am willing to accept the position.
 
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The Speakers Office recognizes the motion to vote and its second. A vote is scheduled to begin in two days time, or (time=1576976400) (your forum time)
 
The Delegate has presented a very fine nominee to us in the form of Darcania. A North Pacifican with a proven track record, prior experience in the Election Commission, knowledge of the laws of the region as well as the rules of our election cycles, and a previously demonstrated dedication to public service - I support this nomination wholeheartedly as I believe he’ll prove a great addition.
 
If I may inquire, for what reason do you want to delay the vote?

I had thought I was clear:
EDIT: I would also note, Mr Speaker, that I do intend to object to a vote being scheduled on this matter, much though I do support the appointment, as it has been before the Assembly for barely more than a day and I would, therefore, ask that such a vote not be scheduled to take place so quickly as to frustrate the possibility of objection.

The elapse of one day more does not sufficient consideration constitute and nor, to be frank, does two further days, grateful though I am to Mr Deputy Speaker for accommodating the possibility of objection.
 
I'm confused as to why a vote was started despite it being objected to.
 
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