As alluded to in this article, I planned on introducing a bill to provide for tiebreaking when two or more candidates are tied in every round of an election. This turned out to be a bit more complex than I expected.
Firstly, I noticed a few discrepancies between Sections 4.5 and 4.6 (for General and Judicial Elections respectively) which should not exist. Clauses 32 and 36, which should be exactly the same, are not, because the latter was passed after the former and thus incorporated some wording changes. The change that particularly concerns this bill is that clause 32 uses the singular word "candidate" at all times, while clause 36 uses "candidate/s" once but "candidate" every other time. Furthermore, clause 33 in Section 4.5 is something that would also apply to Judicial Elections, but is not included in Section 4.6. There's also some varying uses of "will" and "shall", but those are easy to fix.
Then the change to the tiebreaking provision itself is a bit more complicated than what I originally imagined. First I realised, partly due to the singular/plural discrepancies above, that we don't really need to resolve ties if eliminating any of the tied candidates yields the same result. So I've decided to change the wording in the clauses mentioned above to allow for multiple eliminations at the same time, except when eliminating different candidates would leave to different results. I also realised that, since there's always the possibility of three or more candidates being tied, a head-to-head count needs to be held between each possible pairing, and the candidate who loses by the most in any of these counts would be eliminated. If there are only two candidates tied then there is only one pairing, and it still works.
Finally, since many clauses in Sections 4.5 and 4.6 are almost identical, I've moved them into Section 4.4 to provide better logical flow between the clauses. The changes I proposed in the Election Law Fix has also been incorporated hill to combine them into one bill.
There is one last issue I am uncertain about. In the bill to change Judicial Elections to preferential voting, we seem to have forgotten to write out what to do if there are three candidates or less. This wasn't an issue for General Elections, so that was probably why it was overlooked. In my opinion the simplest solution is just to mandate preferential voting no matter the number of candidates. The alternative would be to write out an exception that uses plurality voting. I welcome any suggestions on this area.
Firstly, I noticed a few discrepancies between Sections 4.5 and 4.6 (for General and Judicial Elections respectively) which should not exist. Clauses 32 and 36, which should be exactly the same, are not, because the latter was passed after the former and thus incorporated some wording changes. The change that particularly concerns this bill is that clause 32 uses the singular word "candidate" at all times, while clause 36 uses "candidate/s" once but "candidate" every other time. Furthermore, clause 33 in Section 4.5 is something that would also apply to Judicial Elections, but is not included in Section 4.6. There's also some varying uses of "will" and "shall", but those are easy to fix.
Then the change to the tiebreaking provision itself is a bit more complicated than what I originally imagined. First I realised, partly due to the singular/plural discrepancies above, that we don't really need to resolve ties if eliminating any of the tied candidates yields the same result. So I've decided to change the wording in the clauses mentioned above to allow for multiple eliminations at the same time, except when eliminating different candidates would leave to different results. I also realised that, since there's always the possibility of three or more candidates being tied, a head-to-head count needs to be held between each possible pairing, and the candidate who loses by the most in any of these counts would be eliminated. If there are only two candidates tied then there is only one pairing, and it still works.
Finally, since many clauses in Sections 4.5 and 4.6 are almost identical, I've moved them into Section 4.4 to provide better logical flow between the clauses. The changes I proposed in the Election Law Fix has also been incorporated hill to combine them into one bill.
Sections 4.4, 4.5 and 4.6 of the Legal Code are amended as follows:
Section 4.4: Overall Election Law
20. Citizens will be provided three days to declare their candidacy. Voting will begin two days after the candidacy declaration period has closed and last for five days.
21. Candidates may withdraw from the ballot anytime during an election.
22. Private votes may be sent by private message to a forum account designated for that purpose by the Election Commission. In such an event, the Election Commissioners supervising the election will promptly announce that a vote has been cast privately and who that vote was cast for. The Election Commissioners may not announce any other details about the vote.
23. The option to reopen nominations will appear on the ballot as a separate question for each race.
24. Should a majority vote to reopen nominations for a given race, a further two days will be provided for candidacy declarations.
25. The option to reopen nominations will not appear on the ballot for any runoff vote.
- Candidates for that race whose names appeared on the first ballot will retain their candidacy unless they choose to withdraw.
- A second round of voting for that race will begin immediately after the candidacy declaration period has closed and last for five days. The option to reopen nominations will not appear on the new ballot.
26. If the number of candidates is less than the number of candidates to be elected for a given race at any point after the candidacy declaration period closes, the process of reopening nominations will occur for that race. Any ongoing voting period for that position will be declared null and void.
27. If there are more than two candidates for a race in the General Election or more than three candidates for Justice, preferential ballots are used where voters may rank the candidates, with the candidate ranked 1 being the first preference, the candidate ranked 2 being the next preference, and so on.
28. If during any voting round for a given race a candidate becomes invalid, then all votes for that candidate will be removed from voters' preferential ranking. The Election Commission will remove the candidate from the list of candidates and notify all citizens who have voted before the candidate became invalid.
29. When preferential ballots are used, all first preference votes will be counted first. If no candidate achieves a majority, the candidate with the least votes will be eliminated, and the next preference of all voters who had voted for the eliminated candidate as first preference will be counted, with the process repeated until a candidate achieves a majority and is thus elected.
30. If, in any round of counting the votes for a given race, two or more candidates are tied for last place, the Election Commission will verify if eliminating any of the candidates would result in the same candidate winning the election. If so, all tied candidates will be eliminated. If not, the candidate who has the least votes at the latest round of counting where there is a difference in votes will be eliminated. If this does not break a tie, a head-to-head count will be conducted between each pair of the tied candidates, and the candidate who loses a count by the largest margin will be eliminated. If this does not break a tie, a runoff vote will be held between the possible winners.
31. If all of a voter's preferences have been eliminated, the voter's ballot shall not be used in further counting.
Section 4.5: General Elections
32. The election of the Delegate, the Vice Delegate, and the Speaker will begin on the first day of the months of January, May, and September.
Section 4.6: Judicial Elections
33. The election of the Justices will begin on the first day of the months of March, July, and November.
34. If preferential ballots are used, when a candidate is elected, all votes will then be recounted using the same process, ignoring all preferences for the elected candidate. This will be repeated until three candidates are elected.
Section 4.4: Overall Election Law
20. Citizens will be provided three days to declare their candidacy. Voting will begin two days after the candidacy declaration period has closed and last for five days.
21. Candidates may withdraw from the ballot anytime during an election.
22. Private votes may be sent by private message to a forum account designated for that purpose by the Election Commission. In such an event, the Election Commissioners supervising the election will promptly announce that a vote has been cast privately and who that vote was cast for. The Election Commissioners may not announce any other details about the vote.
23. The option to reopen nominations will appear on the ballot as a separate question for each race.
24. Should a majority vote to reopen nominations for a given race, a further two days will be provided for candidacy declarations.
26. If the number of candidates is less than the number of candidates to be elected for a given race at any point after the candidacy declaration period closes, the process of reopening nominations will occur for that race as provided in the next clause. Any ongoing voting period for that position will be declared null and void.
27. If there are more than two candidates for a race in the General Election or more than three candidates for Justice, preferential ballots are used where voters may rank the candidates, with the candidate ranked 1 being the first preference, the candidate ranked 2 being the next preference, and so on.
28. If during any voting round for a given race a candidate becomes invalid, then all votes for that candidate will be removed from voters' preferential ranking. The Election Commission will remove the candidate from the list of candidates and notify all citizens who have voted before the candidate became invalid.
29. When preferential ballots are used, all first preference votes will be counted first. If no candidate achieves a majority, the candidate with the least votes will be eliminated, and the next preference of all voters who had voted for the eliminated candidate as first preference will be counted, with the process repeated until a candidate achieves a majority and is thus elected.
30. If,at any point in counting the votes in any round of counting the votes for a given race, two or more candidates are tied for one position last place, the Election Commission will verify if eliminating any of the candidates would result in the same candidate/s winning the election. If so, all tied candidates will be eliminated. If not, the candidate who has the least votes at the latest stage of counting where there is a difference in votes will be eliminated. If this does not break a tie, a head-to-head count will be conducted between each pair of the tied candidates, and the candidate who loses a count by the largest margin will be eliminated. If this does not break a tie, a runoff vote will be held between the tied candidates possible winners.
31. If all of a voter's preferences have been eliminated, the voter's ballot shall not be used in further counting.
Section 4.5: General Elections
32. The election of the Delegate, the Vice Delegate, and the Speaker will begin on the first day of the months of January, May, and September.
31. If there are more than two candidates for an election, voters may rank the candidates, with the candidate ranked 1 being the first preference, the candidate ranked 2 being the next preference, and so on.
32. All first preference votes shall be counted first. If no candidate achieves a majority, the candidate with the least votes shall be eliminated, and the next preference of all voters who had voted for the eliminated candidate as first preference shall be counted, with the process repeated until a candidate achieves a majority.
33. If all of a voter's preferences have been eliminated, the voter's ballot shall not be used in further counting.
Section 4.6: Judicial Elections
33. The election of the Justices will begin on the first day of the months of March, July, and November.
35. If there are more than three candidates for Justice, voters may rank the candidates, with the candidate ranked 1 being the first preference, the candidate ranked 2 being the next preference, and so on.
36. All first preference votes will be counted first. If no candidate achieves a majority, the candidate/s with the least votes will be eliminated, and the next preference of all voters who had voted for the eliminated candidate as first preference will be counted, with the process repeated until a candidate achieve a majority.
35. If preferential ballots are used, when a candidateachieves a majority, they will be is elected. A, all votes will then be recounted using the same process, ignoring all preferences for the elected candidate. This will be repeated until three candidates are elected.
20. Citizens will be provided three days to declare their candidacy. Voting will begin two days after the candidacy declaration period has closed and last for five days.
21. Candidates may withdraw from the ballot anytime during an election.
22. Private votes may be sent by private message to a forum account designated for that purpose by the Election Commission. In such an event, the Election Commissioners supervising the election will promptly announce that a vote has been cast privately and who that vote was cast for. The Election Commissioners may not announce any other details about the vote.
23. The option to reopen nominations will appear on the ballot as a separate question for each race.
24. Should a majority vote to reopen nominations for a given race, a further two days will be provided for candidacy declarations.
- Candidates for that race whose names appeared on the first ballot will retain their candidacy unless they choose to withdraw.
- A second round of voting for that race will begin immediately after the candidacy declaration period has closed and last for five days. The option to reopen nominations will not appear on the new ballot.
26. If the number of candidates is less than the number of candidates to be elected for a given race at any point after the candidacy declaration period closes, the process of reopening nominations will occur for that race as provided in the next clause. Any ongoing voting period for that position will be declared null and void.
27. If there are more than two candidates for a race in the General Election or more than three candidates for Justice, preferential ballots are used where voters may rank the candidates, with the candidate ranked 1 being the first preference, the candidate ranked 2 being the next preference, and so on.
28. If during any voting round for a given race a candidate becomes invalid, then all votes for that candidate will be removed from voters' preferential ranking. The Election Commission will remove the candidate from the list of candidates and notify all citizens who have voted before the candidate became invalid.
29. When preferential ballots are used, all first preference votes will be counted first. If no candidate achieves a majority, the candidate with the least votes will be eliminated, and the next preference of all voters who had voted for the eliminated candidate as first preference will be counted, with the process repeated until a candidate achieves a majority and is thus elected.
30. If,
31. If all of a voter's preferences have been eliminated, the voter's ballot shall not be used in further counting.
Section 4.5: General Elections
32. The election of the Delegate, the Vice Delegate, and the Speaker will begin on the first day of the months of January, May, and September.
Section 4.6: Judicial Elections
33. The election of the Justices will begin on the first day of the months of March, July, and November.
36. All first preference votes will be counted first. If no candidate achieves a majority, the candidate/s with the least votes will be eliminated, and the next preference of all voters who had voted for the eliminated candidate as first preference will be counted, with the process repeated until a candidate achieve a majority.
35. If preferential ballots are used, when a candidate
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