FT 19.07 Second Parliamentary Vacancies Act (Statute)

[Anna Komnene]

AN ACT
to guarantee continuity of representation

Section 1 (Title)
i. The title of this act shall be, the "Second Parliamentary Vacancies Act."

Section 2 (Resignation by default)
i. Whenever any person who shall have been chosen a member of the Frémont parliament in consequence of a general election shall fail to take their seat at or before 11:59 pm (Eastern Daylight Time) on the first Saturday succeeding the constitutional commencement of the term to which they were elected, that person shall be considered to have resigned their seat by default. The first minister shall accordingly nominate an eligible person to the vacant seat to serve until such time as a by-election may be held.
ii. Whenever any person who shall have been appointed a member of the Frémont parliament in consequence of a ministerial nomination, or who shall have been so chosen in consequence of a by-election, shall fail to take their seat at or before 11:59 pm (Eastern Daylight Time) on the third day succeeding the constitutional commencement of the term to which they were appointed or elected, that person shall be considered to have resigned their seat by default. The first minister shall accordingly nominate an eligible person to the vacant seat to serve until such time as a by-election may be held.

Sponsor: Harry S Truman

The floor is open!

[Unconditional Surrender Truman]

My thanks to the speaker.

Some here may remember that in 2017, the previous government of this region collapsed after the governor disappeared and the entire elected legislature forgot to take office. This event has almost been repeated in miniature a few times since then, with elected MFPs taking their sweet time before swearing in. In those cases when an elected member really does fail to take office, the first minister has essentially treated this like an ordinary resignation and proceeded with the election of a replacement. There is, however, some uncertainty as to when a member is legally considered to have forfeited their seat, which creates the potential for a constitutional crisis if parliament and the first minister reached different conclusions as to the status of a seat.

This bill seeks to rectify this uncertainty by stating that any elected MFP who fails to take their seat within three days of the start of their term will be considered to have resigned by default, allowing the first minister to arrange for the election of a replacement.

[Anna Komnene]

This seems like a good idea. Whenever we're talking about someone losing their seat (or the right to their seat), it's good for the law to be clear on how and when it happens. My main concern is situations where the MFP-elect might be away from the forum for a few days for personal/family reasons.

Since the law here is automatic, I'm not sure if we could give the First Minister discretion to extend the period or not. But if not, maybe we could extend the period to 5 or 7 days instead of 3.

[Anna Komnene]

I'll introduce an amendment then. I decided to go with Tuesday because it's just 12 hours shy of one week, and using Wednesday might make the wording more confusing.

Section 2 (Resignation by default)
i. Whenever any person who shall have been chosen a member of the Frémont parliament in consequence of a general election shall fail to take their seat at or before 11:59 pm (Eastern Daylight Time) on the first Saturday Tuesday succeeding the constitutional commencement of the term to which they were elected, that person shall be considered to have resigned their seat by default. The first minister shall accordingly nominate an eligible person to the vacant seat to serve until such time as a by-election may be held.
ii. Whenever any person who shall have been appointed a member of the Frémont parliament in consequence of a ministerial nomination, or who shall have been so chosen in consequence of a by-election, shall fail to take their seat at or before 11:59 pm (Eastern Daylight Time) on the third sixth day succeeding the constitutional commencement of the term to which they were appointed or elected, that person shall be considered to have resigned their seat by default. The first minister shall accordingly nominate an eligible person to the vacant seat to serve until such time as a by-election may be held.

[YE]

No objections.

[Anna Komnene]

The amendment is adopted.

[Amanda Huggenkiss]

I support this.

[Battista Minola 1616]

I would move for a final vote on this bill.

[Unconditional Surrender Truman]

I would move for a final vote on this bill.

Second.

[Anna Komnene]

Sounds good to me. 24 hours for objections.

[Anna Komnene]

With no objections, we'll now have a final vote on this bill. Members please vote AYE, NAY, or ABSTAIN.

AN ACT
to guarantee continuity of representation

Section 1 (Title)
i. The title of this act shall be, the "Second Parliamentary Vacancies Act."

Section 2 (Resignation by default)
i. Whenever any person who shall have been chosen a member of the Frémont parliament in consequence of a general election shall fail to take their seat at or before 11:59 pm (Eastern Daylight Time) on the first Tuesday succeeding the constitutional commencement of the term to which they were elected, that person shall be considered to have resigned their seat by default. The first minister shall accordingly nominate an eligible person to the vacant seat to serve until such time as a by-election may be held.
ii. Whenever any person who shall have been appointed a member of the Frémont parliament in consequence of a ministerial nomination, or who shall have been so chosen in consequence of a by-election, shall fail to take their seat at or before 11:59 pm (Eastern Daylight Time) on the sixth day succeeding the constitutional commencement of the term to which they were appointed or elected, that person shall be considered to have resigned their seat by default. The first minister shall accordingly nominate an eligible person to the vacant seat to serve until such time as a by-election may be held.

[Battista Minola 1616]

Aye

[YE]

Aye.

[Unconditional Surrender Truman]

Aye.

[Anna Komnene]

Aye

[AustralianSwingVoter]

Yea

[Anna Komnene]

With 5 votes in favor and 1 not voting, this bill has passed the Frémont parliament.

AN ACT
to guarantee continuity of representation

Section 1 (Title)
i. The title of this act shall be, the "Second Parliamentary Vacancies Act."

Section 2 (Resignation by default)
i. Whenever any person who shall have been chosen a member of the Frémont parliament in consequence of a general election shall fail to take their seat at or before 11:59 pm (Eastern Daylight Time) on the first Tuesday succeeding the constitutional commencement of the term to which they were elected, that person shall be considered to have resigned their seat by default. The first minister shall accordingly nominate an eligible person to the vacant seat to serve until such time as a by-election may be held.
ii. Whenever any person who shall have been appointed a member of the Frémont parliament in consequence of a ministerial nomination, or who shall have been so chosen in consequence of a by-election, shall fail to take their seat at or before 11:59 pm (Eastern Daylight Time) on the sixth day succeeding the constitutional commencement of the term to which they were appointed or elected, that person shall be considered to have resigned their seat by default. The first minister shall accordingly nominate an eligible person to the vacant seat to serve until such time as a by-election may be held.

Frémont House of Commons
Passed 5-0-1 in the Frémont Parliament Assembled,