LGC 19.1 - Amendment to the Constitution of Lincoln - STATUTE

[Attorney General & LGC Deputy Dwarven Dragon]

I am pretty sure UNL and I have been using "final business" to refer to the period during and after a final vote on any bill, not strictly the period before elections that you call "final business" because with respect, you seem to be the only person who imports RL House practices into Atlasia wholesale in this way. We can certainly pick a different phrase to refer to it.

If you guys are going to limit the Governor's 'veto-to-referendum' power to the final business period, which is the final 36 hours before the General election, then you only need to specify one timing for such a referendum, as it would always be initiated within a week of the General. So you could do "next election" or "next but one" but you only need to specify one timing. If you instead mean the Governor's power exists during a bill's final vote, then that should be worded in a way that does not invoke 'final business' and thus the SOAP-designated time period.

But we are putting the cart before the horse here, because Article I and Article IX contradict each other. Article I tells me the Governor's power to referendum things is very limited, while Article IX tells me it is absolute and unoverrideable. Which is it?

Under the unamended Constitution, Artlcle IX said basically the same thing and Article I governed when, exactly, the Governor would veto things and how the LGC could override it. I don't see that this amendment changes that. III still talks about when and how veto power can be exercised.

I might put the struck-out text in IX.2.c back to make it clearer but this is a vast correction on UNL's original text where the Governor lost their veto powers completely in Article I while maintaining them in Article IX.

It's not something that I call final business, in fact it wasn't even my creation, it was a Philly Plan relic that I ended up leaving in place and is in fact actually codified procedure in our SOAP.

Section 4: Final Business

A. The General Court shall be dissolved at the start of the general elections.

B. The "Final Business" period of the General Court shall commence 36 hours prior to dissolution of the General Court session and shall end at dissolution.

  i. At the start of Final Business, the Speaker shall declare in all pending legislative threads that Final Business has commenced and the session is nearing its end.

    a. At this time, the Speaker must no longer open new legislative threads.

    b. At this time, the General Court shall not consider new amendment proposals or votes.

   ii. All legislation on the floor of the General Court shall go to a final vote at the start of the final business period, unless either the sponsor of the legislation or an absolute majority of the General Court voices an objection to the vote. Such a vote shall close no later than the time of dissolution. Any legislation left incomplete at the end of a session shall be carried over to the next session.

If you look through my tenure as PPT of the Senate, where no such procedure like this exists, you will not find the 'final business' terminology being used by me.

The contradiction in Article IX comes not with the text you have proposed to strike but with the "at personal discretion" at the end of IX.2.c. You're right that under the current enacted version, Article I specifies veto limitations not reiterated by Article IX, but IX.2.c is appropriately punctuated to only apply the "at personal discretion" to the referendum power.  Thus under current law, the Governor's veto is overideable but their power to send something to referendum is absolute. If your intention is to turn it into a limited power, you could word it like this:

c.) The Governor , in lieu of a declaration in favor or in opposition, or a redraft, may instead defer any passed legislation to the judgment of the people of Lincoln at personal discretion as specified in the prior articles.

[Utah Neolib]

Amendment is adopted.

[Joseph Cao]

Will put up a corrective amendment addressing Wulfric's concerns when I'm not rushing to a function.

[Joseph Cao]

5. Every bill passed by the General Court shall take effect at a time specified within the bill. Prior to a final vote on a bill, the Governor may, during final business, motion to send the bill to a referendum which must take place in the next regularly scheduled election, or the next but one if the bill passes less than one week before the next regularly scheduled election. The General Court may, by a seven-eighths vote, choose to override this decision, following which the bill shall become law. The Governor shall have the authority to submit revisions to passed legislation, if they deem fit, and return it to the legislature for reconsideration.

Article IX. Referendums

1. Certain legislation may be subject to the full authority of the eligible voting populace through regionally sanctioned referendums.

2. Referendums are to be sanctioned under any of the following methods:

  a.) Citizens of Lincoln may submit legislation under the Lincoln Legislative Introduction Thread with the expressed intent that it be reviewed as a potential referendum. It shall be presented to the General Court for their approval (a direct deputy sponsor is not required). Only one citizen-proposed referendum may be considered at a time by the Lincoln General Court. A two-thirds majority shall be required to authorize the referendum.

  cb.) The Governor may instead defer any passed legislation to the judgment of the people of Lincoln at personal discretionas specified in Article I, Section 5.

3. Any referendum authorized under this article, or any referendum relating to a gubernatorial redraft, shall be held under the same schedule used for amendments to the regional or federal constitution.

4. Referendums are to be considered as passed should they receive a majority of votes in favor. Abstentions shall not affect the results. Implementation is to occur immediately following certification unless otherwise noted in the text.

[Utah Neolib]

24 hours to object

[Utah Neolib]

Adopted.

[Joseph Cao]

Popping in from RL work trip to let the General Court know I haven't forgotten about this, I do intend to review the past debate around Philly and its predecessors in case there are lines of potential problems we've missed.

[Attorney General & LGC Deputy Dwarven Dragon]

However I vote on this at referendum, I do want to praise the LGC for having a legit process here. The original Philly Plan, for those who are unfamiliar, was passed by a rubber-stamp body that cared little about the specifics, and placed it on a ballot with two other proposals that went in entirely different directions. All three proposals got a majority, but because Philly was the "most comprehensive change" only it got enacted even though it didn't get the biggest majority. It then constantly got amended until we finally had the guts to throw it out.

I'm unsure if this system will stand the test of time, but at least it will have actual support from the people if it does pass. That alone is an improvement.

[Utah Neolib]

I motion for a final vote.

[JGibson]

So moved.

[Catholics vs. Convicts]

Aye

[JGibson]

AYE

[Utah Neolib]

Going to assume the first two votes count even though I hadn’t yet opened the vote, aye and extending the vote until everyone’s voted.

[Joseph Cao]

Man I forgot the chamber had an Illinoisan supermajority.

Aye, although I am not done with this and will probably offer a new bill to continue tinkering with in the next sitting.

[Utah Neolib]

Amendment to the Third Lincoln Constitution

Article I. The Legislative Power

1. All legislative powers granted herein shall be vested in a General Court.

2. The General Court shall consist of a number of deputies chosen at-large every second month by the eligible voters of Lincoln according to a method of proportional representation prescribed by law. When the number of candidates is five or fewer, that number shall be chosen; when it is greater than five but less than nine, five deputies shall be chosen; when it is nine or greater, seven shall be chosen. Write-in candidates shall not be considered in determining the number to be chosen, except as specified in the write-in amendment.

3. No person shall be a deputy of the General Court who is not a citizen of this region, and no person shall remain a deputy who is found by a vote of three-fourths of their peers to be guilty of gross negligence, high crimes, or misdemeanors.

4. The General Court shall elect its speaker and other officers and shall have sole authority to determine its own methods of proceedings.

5. Every bill passed by the General Court shall take effect at a time specified within the bill. Prior to a final vote on a bill, the Governor may, during final business, motion to send the bill to a referendum which must take place in the next regularly scheduled election, or the next but one if the bill passes less than one week before the next regularly scheduled election. The General Court may, by a seven-eighths vote, choose to override this decision, following which the bill shall become law. The Governor shall have the authority to submit revisions to passed legislation, if they deem fit, and return it to the legislature for reconsideration.

6. Whenever a vacancy should occur in the composition of the General Court, a special election must take place in the 2 weeks following the resignation. Should the vacancy have occurred fewer than 336 hours before the next general election, the deputy thus nominated shall serve the remainder of the existing term; otherwise, they shall serve only until a new deputy may be elected. If required, A special election for the General Court shall begin on the Friday following the creation of the vacancy; but if the vacancy shall occur on a Wednesday or Thursday, the special election shall begin on the second Friday following the creation of the vacancy.

7. The General Court may, by a four-fifths two-thirds vote, impeach and remove the governor for gross negligence or criminal acts; but the governor shall not be convicted without the concurrence of four-fifths two-thirds of all sitting deputies, and the penalty for his conviction shall not exceed removal from office and disbarment from holding any office under this region for eighteen months.

8. In the event of a tied vote of the General Court, the motion shall fail. the governor shall have the power to break the tie.

9. The General Court shall be vested with the authority of deciding whether to retain the Governor, in a retention vote to take place every two months.

10. Where the text above or below references a two-thirds margin, it shall be construed to refer to the support of two-thirds of all sitting deputies.

Article II. The Executive Power

1. The powers and duties of the executive shall be vested in the governor of Lincoln.

2. The governor shall be elected every fourth second month by the advice and consent of a majority of sitting deputies of the Lincoln General Court no later than 2 weeks following a regularly scheduled General Court election. No person shall be governor who is not a citizen of Lincoln, and no elected governor shall serve concurrently as Speaker of the General Court.

3. The governor shall have the power to carry out all acts in association with the enforcement of the laws passed under this constitution; to command the militia in times of war; to appoint the heads of such departments which may be established by law; to issue pardons and reprieves for crimes committed under the laws of this region, which shall be permanent upon their issuance, though they shall have no power to pardon themselves; to appoint, in accordance with Article V of the constitution of the Republic of Atlasia, the associate justice of the circuit court of this region and to approve, or veto, all acts passed by the General Court.

4. Should the governor vacate their office either by their death, removal, forfeiture, or resignation, then the speaker of the General Court, or if there be no speaker the deputy with the longest continuous service, shall act as governor until a successor may be elected. This section shall be construed to apply to the Governor being removed from office by impeachment and not by failing a retention vote. The acting governor need not vacate their seat in the General Court, but they shall have no vote in its proceedings so long as they continue to exercise the powers of the governor. If there is neither a speaker nor any deputies of the General Court, then the powers and duties of the governor shall devolve upon the associate justice of the circuit court, or if there be none such officer as the president of Atlasia may appoint from among the citizens of Lincoln, until a successor may be elected. A special election for Governor shall begin on the Friday following the creation of the vacancy; but if the vacancy shall occur on a Wednesday or Thursday, the special election shall begin on the second Friday following the creation of the vacancy; but if this would make such election concurrent with or later than the next regular election, the special shall be cancelled and the acting official will serve the rest of the term.

…

Article IX. Referendums

1. Certain legislation may be subject to the full authority of the eligible voting populace through regionally sanctioned referendums.

2. Referendums are to be sanctioned under any of the following methods:

  a.) Citizens of Lincoln may submit legislation under the Lincoln Legislative Introduction Thread with the expressed intent that it be reviewed as a potential referendum. It shall be presented to the General Court for their approval (a direct deputy sponsor is not required). Only one citizen-proposed referendum may be considered at a time by the Lincoln General Court. A two-thirds majority shall be required to authorize the referendum.

  cb.) The Governor may instead defer any passed legislation to the judgment of the people of Lincoln at personal discretionas specified in Article I, Section 5.

3. Any referendum authorized under this article, or any referendum relating to a gubernatorial redraft, shall be held under the same schedule used for amendments to the regional or federal constitution.

4. Referendums are to be considered as passed should they receive a majority of votes in favor. Abstentions shall not affect the results. Implementation is to occur immediately following certification unless otherwise noted in the text.

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This has passed 4-0.

[Liminal Trans Girl]

Signed

[Attorney General & LGC Deputy Dwarven Dragon]

As a Constitutional Amendment, this will be at referendum next weekend.

[Joseph Cao]

…so it probably would've been better all around either to bring this to a vote last week, or let me continue making little adjustments here and there for the next two months so we could align the referendum with August? Epic.

[Attorney General & LGC Deputy Dwarven Dragon]

Well I guess I will at least defer this to align with the special to replace UNL to maximize turnout

[Liminal Trans Girl]

…so it probably would've been better all around either to bring this to a vote last week, or let me continue making little adjustments here and there for the next two months so we could align the referendum with August? Epic.

We're kinda in a pickle right now since y'know uh our Traitor-Elect. From what Neolib tells me though, I can delay this from taking effect until after I leave office

[Utah Neolib]

…so it probably would've been better all around either to bring this to a vote last week, or let me continue making little adjustments here and there for the next two months so we could align the referendum with August? Epic.

We're kinda in a pickle right now since y'know uh our Traitor-Elect. From what Neolib tells me though, I can delay this from taking effect until after I leave office

I think the referendum could be delayed via various adjustments and I’ve also thought that Liminal could be exempt given she was elected prior to the eventual enactment of the amendment via referendum.

[Attorney General & LGC Deputy Dwarven Dragon]

…so it probably would've been better all around either to bring this to a vote last week, or let me continue making little adjustments here and there for the next two months so we could align the referendum with August? Epic.

We're kinda in a pickle right now since y'know uh our Traitor-Elect. From what Neolib tells me though, I can delay this from taking effect until after I leave office

I think the referendum could be delayed via various adjustments and I’ve also thought that Liminal could be exempt given she was elected prior to the eventual enactment of the amendment via referendum.

There is no way to delay the referendum until August.

The implementation timeline is unclear, however, I'm not sure what is specifically in here that Reactionary could exploit in any case. Lincoln remains very left-leaning and just elected a legislature almost entirely opposed to his ideology.