Mideast Assembly Thread

[Purple State]

Revised and final (?) version:

Mideast Constitutional Convention Bill

Be it resolved that:

A) Upon passage of this bill, a Convention to review and rewrite the Constitution of the Mideast region shall be convened forthwith. All voting citizens of the Mideast may participate in said Convention.  Upon convening, members of the Convention shall set down rules of order, which will be passed by simple majority of those present at the convention.

B) Results of said Convention shall hold no legal bearing on the governance of the Mideast without a two-thirds vote in favor of implementation. Said vote shall be held according to the regulations of Article VI, Section 1, Clause 1 of the current Mideast Constitution.

C) The Convention shall be chaired by a presiding officer as determined by a majority vote of the People of the Mideast. Until such a time as the presiding officer shall be elected, the Convention shall be conducted by the current Speaker of the Assembly as chosen my a majority vote by the Mideast Assembly.
           1) Any citizen of the Mideast shall be eligible as a candidate for presiding officer as long as:
                      i) They are eligible to hold office under Atlasian law.
                      ii) Candidacy for the office of presiding officer is supported by no less than two other
                          citizens of the Mideast before the election is held.
           2) Elections for the presiding officer will be held every seven days throughout the duration
               of the Convention. There is no limit on consecutive or total elections to the seat of
               presiding officer.
                      i) Elections for the presiding officer shall always have the option of write-in for
                         voters.
                      ii) In order to write-in a candidate or option, the voter shall not need to explicitly
                          specify that their vote is for a write-in candidate or option.
                      iii) In order for write-in votes for a candidate for election to qualify as legal votes,
                           the person written-in must formally accept the write-in candidacy before the end
                          of voting in the given election.

D) All elections and votes required by this law shall require the participation of 50% of all Mideast residents at the start of the election or vote to be valid unless otherwise determined by the aforementioned rules of order. The required participation may not be determined to be any less than one-third of all Mideast residents at the start of the election or vote.


No worries. Take your time. It will give people the opportunity to see it and comment as well.

[Purple State]

Accepted as such.

[Purple State]

Aye

[Purple State]

I'm not at all keen on the presiding officer electoral procedure, which I will predict now won't be followed in its entirity. Nonetheless, there is nothing highly egregious in it:

AYE on the bill.

There is definitely some room for latitude and any concerns can be fully addressed in the bylaws that the Convention crafts. And feel free to air any of those concerns now so we can incorporate them as soon as we start.

So now we wait three days until the law goes through?

[Purple State]

I'm not at all keen on the presiding officer electoral procedure, which I will predict now won't be followed in its entirity. Nonetheless, there is nothing highly egregious in it:

AYE on the bill.

There is definitely some room for latitude and any concerns can be fully addressed in the bylaws that the Convention crafts. And feel free to air any of those concerns now so we can incorporate them as soon as we start.

So now we wait three days until the law goes through?

That is correct.

This is why we need a new Constitution. At least to provide the Governor the opportunity to waive that and have a law go into effect immediately.

[Purple State]

Aye

[Purple State]

And now we wait 3 days for this to go through. Bore.

[Purple State]

Will the Convention motions go through as soon as this passes?

[Purple State]

What happens once everything has expired? We rewrite the law completely?

[Purple State]

Hopefully we will have a new Constitution by that time.

[Purple State]

Aye

I guess we should craft a new bill only after this whole mess is sorted out. Starting now and dealing with people leaving and joining the Assembly would only cause confusion and delays.

[Purple State]

This is not retroactive, correct?

[Purple State]

I thank you for the nomination Peter. I do think we should find a third Assembly member before we get to formal motions, etc. If we don't get one soon I will be happy to accept the Speakership and get to work.

[Purple State]

I had been hoping that Afleitch wouldn't take Lt. Gov. Even if we need to stick someone, anyone in that spot to replace him, I'd rather someone that active be in a position to work for the Mideast. Otherwise, Hashemite would be a good AM.

After that, I really don't know. If we can't get anyone I guess Peter and I can do it, but I would like someone to come forward.

[Purple State]

The thought of a kook like officepark holding an Assembly seat scares me.

[Purple State]

I would like to welcome Afleitch to the Assembly as our newest member.

Peter, does your motion still stand?

[Purple State]

Alright, I will accept your nomination.

I think the first and most immediate action that should be taken is a revision of our electoral laws.

Here are the 3 current laws governing elections:

https://uselectionatlas.org/AFEWIKI/index.php/Mideast_Election_and_Vote_Regulations_Statute

https://uselectionatlas.org/AFEWIKI/index.php/Mideast_Gubernatorial_Election_Statute

https://uselectionatlas.org/AFEWIKI/index.php/Mideast_Second_Election_and_Vote_Regulations_Statute

So how do we want to combine these into a coherent piece. Do we want to continue the "preferential" method of the Mideast Gubernatorial Election Statute? There is also the superfluous Section 6 of the Mideast Election and Vote Regulations Statute and all the consolidation that must be done between that and the Second one.

First, however, I think it is important to decide how we want votes to be tallied and counted. Straight votes or preferential choices?

[Purple State]

Section 1: Votes

1. In their vote in the Elections for public officers in the Mideast, each voter shall list some, none, or all of the candidates in the voter's order of preference for them.
2. If no numbering of the preferences is stated, then the candidate at the top of the list shall be presumed to be the first preference, the candidate on the second line of the list shall be presumed to be the second preference, and so on.
3. A voter may cast a write-in vote in any election, except a runoff election or a vote for Propositions, Initiatives, Recalls and Constitutional Amendments.
4. In order to write-in a candidate, the voter shall not be required to explicitly specify that his or her vote is for a write-in candidate.
5. In order for write-in votes for a candidate to qualify as countable votes, the person written-in must formally accept the write-in candidacy before the end of voting in the given election.
6. A voter may vote for "None of the Above" in any election in which a write-in is allowed. Any voter who votes for "None of the Above" may do so only as a first preference; any and all lower preferences of the voter shall be ignored.
7. If a voter shall explicitly cast a vote in a race for which they are not qualified to vote, then the vote in that race shall be considered invalid.
8. The form of the vote for all Propositions, Initiatives, Recalls and Constitutional Amendments shall be aye/nay/abstain.


Section 2: Determination of the Winner

1. If any candidate shall gain the greatest number of highest preference votes, then that candidate shall be declared the winner of the election. In Assembly elections, the candidate that receives a plurality of highest preference votes shall be elected to the Assembly. The candidate for the Assembly that receives the greatest number of combined highest preference votes and second preference votes and that has not already been elected to the first seat shall be elected to the Assembly. The candidate for the Assembly that receives the greatest number of combined highest preference votes, second preference votes, and third preference and that has not already been elected to the first two seats votes shall be elected to the Assembly.
2. If two or more candidates are tied in the proper votes needed for election, the following procedure shall be used:
a. If the race shall be for the office of Governor, a run-off election shall be held.
b. If the race shall be for Assembly candidates with the greatest number of highest preference votes, both candidates shall win election to the Assembly. In such a case, the third seat shall be filled by the the candidate for the Assembly that receives the greatest number of combined highest preference votes and second preference votes and that has not already been elected to the first two seats.
c. If the race shall be for Assembly candidates with the greatest number of highest preference and second preference votes and that has not already been elected to the first seat, both candidates shall win election to the Assembly. In such a case, the third seat will have been filled and the candidate with the greatest number of highest preference, second preference, and third preference votes and that has not already been elected to the first three seats shall not be elected.
d. If the race shall be for Assembly candidates with the greatest number of highest preference, second preference, and third preference votes and that has not already been elected to the first two seats or candidates with the great number of highest preference and second preference votes and that has not already been elected to the first two seats, as made possible by Section 2, Clause 2, Sub clause b. of this document, a run-off election shall be held.

Section 3: Run-off Elections

If all remaining candidates shall have the same number of votes for a given position, then the following procedure shall be used to break the tie:

1. Run-off elections shall begin between midnight Eastern Standard Time on the first Thursday after the initial election and 0001 Eastern Standard Time on the first Friday thereafter, and shall conclude exactly 72 hours after the beginning.
2. Those candidates who have tied shall be automatically entered onto the ballot. No other candidacies shall be allowed.
3. Voters shall only be able to cast a vote for one candidate.
4. If any candidate shall gain a majority of the votes cast, then he shall be declared winner.
5. In the event that litigation is pending before the Mideast Superior Court at the time a run-off is due to be held, the Court may delay the run-off in a specified manner if it thinks the result of such litigation would have a substantive impact on the run-off.

Section 4: Tied Run-off Elections

If the Run-off Election procedure specified in section 4 results in a tie, then:

1. If the race shall be for Governor, the Assembly shall have the power to break the tie by a majority vote.
2. If the race shall be for the Assembly, another run-off shall be held until a candidate is elected.

Section 5: None of the Above

If, in an election, the None of the Above option shall have gained more votes than each candidate, then a new election shall be held under the following procedure

1. The new election shall be held between midnight Eastern Standard Time on the second Thursday after the initial election and 0001 Eastern Standard Time on the first Friday thereafter at 1800 Eastern Standard Time on the second Thursday after the election, and shall conclude exactly 72 hours after the beginning.
2. None of the candidates defeated by the None of the Above option in the original may be declared candidates in the new election. However, a voter may still write-in any such candidate.
3. The candidacy declaration deadline for the new election shall end at the moment the Voting Booth for that election has been opened.

Section 6: Absentee Voting

1. As mandated by Article IV of the Mideast Constitution, all voters shall have the right to cast absentee votes as mandated by Sections 5, 6, 7, 8, and 9 of that Article.

[Purple State]

Section 7: Administration of Voting Booths

1. The administrator of a voting booth shall be free to design the ballot as he or she sees fit, as long as the content of the ballot is clear and unambiguous.
2. The administrator of a voting booth shall post links to all relevant statute regarding electoral law of the Mideast on the ballot.

Section 8: Administration of Initiative and Recall Petitions

1. There shall be no more than one initiative or recall petition contained in each thread.
2. Any thread in which an initiative or recall petition is initiated shall be clearly titled as such in the Subject line.
3. The text of the initiative or the intent of the recall shall be clear and unambiguous else it shall not be valid.
4. The Governor or Speaker of the Assembly must formally recognize an initiative or recall petition as soon as is reasonably possible unless they feel that any of the aforementioned provisions have not been satisfied. In the event that he chooses to decline recognition of the initiative or recall petition, he must formally state in the same thread as the initiative or recall petition his reasons for doing so.
5. The Governor or Speaker of the Assembly must formally state when an initiative or recall petition has gained the necessary support to be voted upon.
6. The author of an initiative or recall petition may withdraw their petition at any time before it has gained sufficient signatures to be voted upon.
7. A withdrawn petition may be adopted by another person with all its signatures still valid, though the original date of proposal shall remain unchanged.
8. A signatory to an initiative or recall petition may withdraw their signature at any time before the petition has gained sufficient signatures to be voted upon.
9. If an initiative is amended by the author after its petition has gained signatories, then the Governor or Lieutenant Governor may require these signatories to clarify whether their signature remains in effect for the amended version.

Section 9: Certification of Election Results

1. When the voting period has expired, the administrator of the voting booth or a moderator of the Forum shall lock the thread containing the voting booth. The thread shall not be unlocked except to enter the official certification of the election result onto the thread.
2. Certification of the election result shall be conducted as soon as reasonably possible after the voting booth shall have closed by the administrator of the voting booth. If the administrator of the voting booth shall not be available to conduct such certification, then he or she shall designate a member of the Assembly to carry out such certification in his stead.
3. In certifying the result the administrator shall list all those votes which he or she has discounted, and the reasons for these votes being discounted. The voting booth administrator shall discount all votes that are invalid under the law, and shall only count those remaining votes for which he or she is able to make a reasonable determination as to the intent of the voter subject to such conditions as imposed by Section 9 of this Act.
4. The certifying officer may post provisional certifications of the election results, but these shall be of no legal effect.
5. Once the certifying officer is content that he has a full and complete certification he shall post an official certification which shall be final in all respects, unless a Court order shall instruct otherwise.
6. Should the Governor wish to exercise his power of veto upon an initiative for statute, he must state this clearly in the voting booth after the vote has been officially certified, and must do so within 4 days of the closure of the period of voting. This Clause shall only go into effect if such power is expressly allowed by the Constitution of the Mideast.

Section 10: Reasonable Determination of Intent

1. Where a voter lists all candidates running and places some mark to the right or left of one and only one of the candidates, then the vote shall be construed to be for that candidate.
2. The enumeration of certain reasonable determinations of intent in this section shall not be construed to be exclusive.

Section 11: Concession of Victory

1. If a candidate shall concede his or her victory of an election after the certification of the election result, then the candidate with the next greatest number of specified votes in that election shall then be declared victor.
2. If a victor who has conceded shall wish to retract his or her concession, then he or she may only do so with the permission of the newly declared victor.
3. If an election shall produce a tie that requires a run-off election, any candidate may decline to go forward to the run-off. If such actions shall leave only one candidate in the run-off, then that candidate shall be declared the victor.
4. Concessions made before the certification of election results, or on or after the date on which the newly elected official is due to be sworn in, are of no legal effect whatsoever.

Section 12: Election and Vote Disputes

1. Should any Mideast voter or candidate possessing standing to sue decide to contest the result of an election or vote they shall be able to file a lawsuit in the Superior Court within seven days of certification of that election.

Section 13: Repealed Legislation

The following legislation is hereby repealed upon passage of this:

Mideast Election and Vote Regulations Statute
Mideast Gubernatorial Election Statute
Mideast Second Election and Vote Regulations Statute

[Purple State]

Thoughts about that for a consolidated election policy for the Mideast.

[Purple State]

Fixed that by consolidating it with Clause 9. It would be great if you could all review it. It is probably the largest, but most important piece of legislation we can pass to just clarify everything about elections and the functioning of the Mideast.

[Purple State]

Inks, your first edits have been noted and implemented. I will look over the others now.

I have an issue with Section 1:2 as it copies the language of the current preferential voting system which is legally shaky (but has not yet been tested). Was something not drafted to replace that?

Afleitch, what would you propose? What is the legal problem with the preferential voting system as such?

[Purple State]

I changed Section 7.

I will leave Section 8 in case we ever need to address initiatives at least it is in statute.

Section 9, Clause 6 I will leave because we should compile as much information as we can in one place. Why doesn't it matter unless we pass 3C?

Section 12 would make sense if a federal law is broken in the course of an election. Is that wrong?

[Purple State]

I changed Section 7.

I will leave Section 8 in case we ever need to address initiatives at least it is in statute.

Section 9, Clause 6 I will leave because we should compile as much information as we can in one place. Why doesn't it matter unless we pass 3C?

Section 12 would make sense if a federal law is broken in the course of an election. Is that wrong?

Section 9 only matters if 3C passes because as of now, the Governor doesn't have veto power.

As for Section 12, Federal Constitution states that the Supreme Court handles cases of federal law being broken.  Superior Court would never handle it, so we wouldn't have a say over appeals.

Alright, I will change Section 12. I want to leave anything that addresses 3C in there, that way we don't have a flurry of changes after it passes. I actually am going to place a clause in that causes Section 9, Clause 6 only to go in effect when that power is provided to him by 3C.

Does anyone have any more recommendations?

[Purple State]

So, for the record, this is what we currently have:

Section 1: Votes

1. In their vote in the Elections for public officers in the Mideast, each voter shall list some, none, or all of the candidates in the voter's order of preference for them.
2. If no indication of preference or preferences are given, then the candidate at the top of the list shall be presumed to be the first preference, the candidate on the second line of the list shall be presumed to be the second preference, and so on.
3. A voter may cast a write-in vote in any election, except a runoff election or a vote for Propositions, Initiatives, Recalls and Constitutional Amendments.
4. In order to write-in a candidate, the voter shall not be required to explicitly specify that his or her vote is for a write-in candidate.
5. In order for write-in votes for a candidate to qualify as countable votes, the person written-in must formally accept the write-in candidacy before the end of voting in the given election.
6. A voter may vote for "None of the Above" in any election in which a write-in is allowed. Any voter who votes for "None of the Above" may do so only as a first preference; any and all lower preferences of the voter shall be ignored.
7. If a voter shall explicitly cast a vote in a race for which they are not qualified to vote, then the vote in that race shall be considered invalid.
8. The form of the vote for all Propositions, Initiatives, Recalls and Constitutional Amendments shall be aye/nay/abstain.


Section 2: Determination of the Winner

1. If any candidate shall gain the greatest number of highest preference votes, then that candidate shall be declared the winner of the election. In Assembly elections, the candidate that receives a plurality of highest preference votes shall be elected to the Assembly. The candidate for the Assembly that receives the greatest number of combined highest preference votes and second preference votes and that has not already been elected to the first seat shall be elected to the Assembly. The candidate for the Assembly that receives the greatest number of combined highest preference votes, second preference votes, and third preference and that has not already been elected to the first two seats votes shall be elected to the Assembly.
2. If two or more candidates are tied in the proper votes needed for election, the following procedure shall be used:
a. If the race shall be for the office of Governor, a run-off election shall be held.
b. If the race shall be for Assembly candidates with the greatest number of highest preference votes, both candidates shall win election to the Assembly. In such a case, the third seat shall be filled by the the candidate for the Assembly that receives the greatest number of combined highest preference votes and second preference votes and that has not already been elected to the first two seats.
c. If the race shall be for Assembly candidates with the greatest number of highest preference and second preference votes and that has not already been elected to the first seat, both candidates shall win election to the Assembly. In such a case, the third seat will have been filled and the candidate with the greatest number of highest preference, second preference, and third preference votes and that has not already been elected to the first three seats shall not be elected.
d. If the race shall be for Assembly candidates with the greatest number of highest preference, second preference, and third preference votes and that has not already been elected to the first two seats or candidates with the great number of highest preference and second preference votes and that has not already been elected to the first two seats, as made possible by Section 2, Clause 2, Sub clause b. of this document, a run-off election shall be held.

Section 3: Run-off Elections

If all remaining candidates shall have the same number of votes for a given position, then the following procedure shall be used to break the tie:

1. Run-off elections shall begin between midnight Eastern Standard Time on the first Thursday after the initial election and 0001 Eastern Standard Time on the first Friday thereafter, and shall conclude exactly 72 hours after the beginning.
2. Those candidates who have tied shall be automatically entered onto the ballot. No other candidacies shall be allowed.
3. Voters shall only be able to cast a vote for one candidate.
4. If any candidate shall gain a majority of the votes cast, then he shall be declared winner.
5. In the event that litigation is pending before the Mideast Superior Court at the time a run-off is due to be held, the Court may delay the run-off in a specified manner if it thinks the result of such litigation would have a substantive impact on the run-off.

Section 4: Tied Run-off Elections

If the Run-off Election procedure specified in section 4 results in a tie, then:

1. If the race shall be for Governor, the Assembly shall have the power to break the tie by a majority vote.
2. If the race shall be for the Assembly, another run-off shall be held until a candidate is elected.

Section 5: None of the Above

If, in an election, the None of the Above option shall have gained more votes than each candidate, then a new election shall be held under the following procedure

1. The new election shall be held between midnight Eastern Standard Time on the second Thursday after the initial election and 0001 Eastern Standard Time on the first Friday thereafter at 1800 Eastern Standard Time on the second Thursday after the election, and shall conclude exactly 72 hours after the beginning.
2. None of the candidates defeated by the None of the Above option in the original may be declared candidates in the new election. However, a voter may still write-in any such candidate.
3. The candidacy declaration deadline for the new election shall end at the moment the Voting Booth for that election has been opened.

Section 6: Absentee Voting

1. As mandated by Article IV of the Mideast Constitution, all voters shall have the right to cast absentee votes as mandated by Sections 5, 6, 7, 8, and 9 of that Article.