LGC 19.1 - Amendment to the Constitution of Lincoln

[Utah Neolib]

Amendment to the Third Lincoln Constitution:

Article I. The Legislative Power

All legislative powers granted herein shall be vested in a General Court.
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.
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.
The General Court shall elect its speaker and other officers and shall have sole authority to determine its own methods of proceedings.
Every bill passed by the General Court shall become law after a time specified by the bill’s sponsor. it becomes law, be submitted to the judgment of the governor. If they approve of it, they should sign it and it will become law; but if they disapprove they may veto it, and it shall be returned to the General Court. If, after considering the objections of the governor, the General Court should by a two-thirds vote agree to pass the same bill, it shall become law regardless of the governor's objections. If the governor shall not act to sign or veto a bill, it shall become law seven (7) days after its adoption by the General Court. The Governor shall have the authority to submit revisions to passed legislation, if they deem fit, and return it to the legislature for reconsideration. If the redrafted bill is rejected by the General Court, and the original bill passed the General Court by a two-thirds margin, the original bill shall be sent to referendum. If the redrafted bill is rejected by the General Court, and the original bill passed by less than two-thirds, the Governor shall be compelled to sign or veto the original bill.
Whenever a vacancy should occur in the composition of the General Court, the powers to appoint a replacement lie in the General Court. shall appoint a replacement. 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.
The General Court may, by a four-fifths 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 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.
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.  The General Court is vested in the authority of whether or not to retain the Governor, in a retention vote to take place every two months.
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

The powers and duties of the executive shall be vested in the governor of Lincoln.
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 immediately succeeding the 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 deputy of the General Court.
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 with the advice and consent of the General Court ; 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.
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 via 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.

Atlasia is facing a continually declining rate of activity. This is essentially returning Lincoln to it’s pre-Third Constitution state, with the Governor having similar authorities and duties as the Chancellor. Voter input is still the most important part of this and makes us into a form of parliamentary system.
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[Joseph Cao]

Fundamentally my instinct is not to go along with making us more parliamentary – I like having a Governor – but engaging with the text for a moment there are rather big problems inherent in allowing the LGC to appoint to vacancies, for one thing.

I remember getting into Atlasia due to a situation that the likely outcome of this would be.

[Illiniwek]

Could the moving party provide additional thoughts as to how this change is likely to generally promote activity in Lincoln? Is the primary idea that activity was better before the Third Constitution? Do we know that there is even a correlation between the form of government and activity that is directly in play here?

[Utah Neolib]

Could the moving party provide additional thoughts as to how this change is likely to generally promote activity in Lincoln? Is the primary idea that activity was better before the Third Constitution? Do we know that there is even a correlation between the form of government and activity that is directly in play here?

My idea for this was that the Governor isn’t usually particularly active in policy. This is reflecting that change. My goal here was to turn Lincoln in many ways back to it’s pre-Third Constitution reforms. This isn’t eliminating a chief executive and it still ensures citizens have an impact on the process. I’m open to amendments that y’all have to this  I have talked to Governor Classic Liminal on Discord and she is in favor of this. I can definitely see Cao’s point that vacancies shouldn’t be appointed by the LGC. Atlasia’s activity is usually on a downward spiral and a parliamentary system could be a draw for people to enter Lincoln.

[Utah Neolib]

Amendment to the Third Lincoln Constitution:

Article I. The Legislative Power

All legislative powers granted herein shall be vested in a General Court.
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.
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.
The General Court shall elect its speaker and other officers and shall have sole authority to determine its own methods of proceedings.
Every bill passed by the General Court shall become law after a time specified by the bill’s sponsor. The Governor has the authority to send the bill to a referendum to take place in the next regularly scheduled election. The General Court, by a seven-eighths vote choose to override this decision and it becomes law. it becomes law, be submitted to the judgment of the governor. If they approve of it, they should sign it and it will become law; but if they disapprove they may veto it, and it shall be returned to the General Court. If, after considering the objections of the governor, the General Court should by a two-thirds vote agree to pass the same bill, it shall become law regardless of the governor's objections. If the governor shall not act to sign or veto a bill, it shall become law seven (7) days after its adoption by the General Court. The Governor shall have the authority to submit revisions to passed legislation, if they deem fit, and return it to the legislature for reconsideration. If the redrafted bill is rejected by the General Court, and the original bill passed the General Court by a two-thirds margin, the original bill shall be sent to referendum. If the redrafted bill is rejected by the General Court, and the original bill passed by less than two-thirds, the Governor shall be compelled to sign or veto the original bill.
Whenever a vacancy should occur in the composition of the General Court, a special election must take place in the 2 weeks succeeding 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.
The General Court may, by a four-fifths vote 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.
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. The General Court is vested in the authority of whether or not to retain the Governor, in a retention vote to take place every two months.
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

The powers and duties of the executive shall be vested in the governor of Lincoln.
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 immediately succeeding the 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.
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.
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 via 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.

Could the moving party provide additional thoughts as to how this change is likely to generally promote activity in Lincoln? Is the primary idea that activity was better before the Third Constitution? Do we know that there is even a correlation between the form of government and activity that is directly in play here?

Fundamentally my instinct is not to go along with making us more parliamentary – I like having a Governor – but engaging with the text for a moment there are rather big problems inherent in allowing the LGC to appoint to vacancies, for one thing.

I remember getting into Atlasia due to a situation that the likely outcome of this would be.

[/quote]

[/quote]
Amendment to alleviate the main concerns of Joseph Cao and Illiniwek.

[Joseph Cao]

A 7/8 margin would effectively require a unanimous vote to override, no?

[Attorney General & PPT Dwarven Dragon]

A 7/8 margin would effectively require a unanimous vote to override, no?

It would permit a single dissenting vote when the chamber is composed of seven Deputies. However, that has only happened once under the 3rd Constitution.

[Utah Neolib]

A 7/8 margin would effectively require a unanimous vote to override, no?

It would permit a single dissenting vote when the chamber is composed of seven Deputies. However, that has only happened once under the 3rd Constitution.

That’s effectively the point.

[Joseph Cao]

A 7/8 margin would effectively require a unanimous vote to override, no?

It would permit a single dissenting vote when the chamber is composed of seven Deputies. However, that has only happened once under the 3rd Constitution.

6 deputies out of 7 doesn't meet the threshold of 7/8ths.

If the Governor was a member of the General Court (which does not appear to be specified in the amendment as written; probably ought to fix that) and voted against overriding (which would certainly present a conflict of interest) it would require a chamber of eight assuming everyone else votes to override.

[Utah Neolib]

A 7/8 margin would effectively require a unanimous vote to override, no?

It would permit a single dissenting vote when the chamber is composed of seven Deputies. However, that has only happened once under the 3rd Constitution.

6 deputies out of 7 doesn't meet the threshold of 7/8ths.

If the Governor was a member of the General Court (which does not appear to be specified in the amendment as written; probably ought to fix that) and voted against overriding (which would certainly present a conflict of interest) it would require a chamber of eight assuming everyone else votes to override.

I specifically wrote this to make it so that the Governor could *theoretically* be a member of the LGC but it’s not required to be the Governor for the conflict-of-interest purpose of overriding votes. The referendum function gives more power to the voting people of Lincoln.

(forgot to specify originally: the 24 hours to object begins now)

[Illiniwek]

I will not object at this time.

[Joseph Cao]

No objections at present, I'd prefer to think over and tinker with this as we go along.

[Utah Neolib]

The amendment has been adopted without objection.

[Joseph Cao]

Currently writing an amendment to clean up the language. Could the sponsor elaborate on when the Governor may choose to send a bill to referendum – after the final vote concludes, or during it?

[Attorney General & PPT Dwarven Dragon]

You may need some corresponding modifications to Article IX of the Lincoln Constitution: https://talkelections.org/FORUM/index.php?topic=537052.msg8956210#msg8956210

[Utah Neolib]

Amendment to the Third Lincoln Constitution:

Article I. The Legislative Power

All legislative powers granted herein shall be vested in a General Court.
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.
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.
The General Court shall elect its speaker and other officers and shall have sole authority to determine its own methods of proceedings.
Every bill passed by the General Court shall become law after a time specified by the bill’s sponsor unless the bill is sent to a referendum. . Governor has the authority to send the bill to a referendum to take place in the next regularly scheduled election within one week of a bill being passed by the General Court. In the event a bill is passed less than one week prior to a regularly scheduled election, it will take place at the next.   The General Court, by a seven-eighths vote choose to override this decision and it becomes law. it becomes law, be submitted to the judgment of the governor. If they approve of it, they should sign it and it will become law; but if they disapprove they may veto it, and it shall be returned to the General Court. If, after considering the objections of the governor, the General Court should by a two-thirds vote agree to pass the same bill, it shall become law regardless of the governor's objections. If the governor shall not act to sign or veto a bill, it shall become law seven (7) days after its adoption by the General Court. The Governor shall have the authority to submit revisions to passed legislation, if they deem fit, and return it to the legislature for reconsideration. If the redrafted bill is rejected by the General Court, and the original bill passed the General Court by a two-thirds margin, the original bill shall be sent to referendum. If the redrafted bill is rejected by the General Court, and the original bill passed by less than two-thirds, the Governor shall be compelled to sign or veto the original bill.
Whenever a vacancy should occur in the composition of the General Court, a special election must take place in the 2 weeks succeeding 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.
The General Court may, by a four-fifths vote 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.
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. The General Court is vested in the authority of whether or not to retain the Governor, in a retention vote to take place every two months.
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

The powers and duties of the executive shall be vested in the governor of Lincoln.
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 immediately succeeding the 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.
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.
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 via 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.

  b.) Upon the veto of a bill by the Governor, the General Court shall have the right to request that the legislation be forwarded to the Lincoln populace in lieu of a veto override. A two-thirds majority shall be required to authorize the referendum. Once a referendum is authorized, a veto override on the particular legislation is no longer possible.

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

  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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24 hours to object (begins 10 PM MDT, forgot to place originally)

[Joseph Cao]

No objections, but to be more general for a moment I am operating on the assumption that the Governor still maintains their office thread, office actions etc. and merely has their own elected seat in the chamber as well. If the sponsor believes this to be correct I'll move forward on cleaning up the language with that in mind.

[Utah Neolib]

No objections, but to be more general for a moment I am operating on the assumption that the Governor still maintains their office thread, office actions etc. and merely has their own elected seat in the chamber as well. If the sponsor believes this to be correct I'll move forward on cleaning up the language with that in mind.

I am fully in favor of the first two, but what is the issue with having a governor who isn’t a member of the LGC? I would like either option to be a possibility. I would like to see Governor Liminal retained (my intention for this legislation was it to take effect after the end of the current gubernatorial term) but going forward the Governor being a member of the LGC could become something that’s customary but not required. (see: Speaker of the House irl)

the latest Amendment to the Amendment is adopted.

[Joseph Cao]

No objections, but to be more general for a moment I am operating on the assumption that the Governor still maintains their office thread, office actions etc. and merely has their own elected seat in the chamber as well. If the sponsor believes this to be correct I'll move forward on cleaning up the language with that in mind.

I am fully in favor of the first two, but what is the issue with having a governor who isn’t a member of the LGC? I would like either option to be a possibility. I would like to see Governor Liminal retained (my intention for this legislation was it to take effect after the end of the current gubernatorial term) but going forward the Governor being a member of the LGC could become something that’s customary but not required. (see: Speaker of the House irl)

the latest Amendment to the Amendment is adopted.

Well, if you look at my original post in this thread you will see I'm much more comfortable with the Governor not being a member of the LGC actually. But if we are moving toward a parliamentary system then there would be nothing stopping the Governor from taking up a seat.

If either having an LGC seat or not would both be possible I'll continue working on the amendment.