Public Consultation and Legislation Submissions

[bore]

This thread has been created by the Public Consultation Act for citizens to submit legislation, which will go into its own slot on the AFG board, and for general input into legislation the senate is considering.

The best way to find out what's happening in the senate in a quick glance is looking at the Senate Noticeboard, which is regularly updated by the Speaker.

[Poirot]

I have some concerns on how the Electoral Reform Amendment that would creat districts for Senate elections would work. The thread for the amendment is located here:
https://uselectionatlas.org/FORUM/index.php?topic=207022.0

A) change of state of registration every 3 months within the region
Could this lead to citizens moving to another state after the new district map is published (like a process of strategic registration) and that makes the districts unequal when the goal of the map is try to make districts equal

B) the commission shall meet for three months
Some Governors could try to slow down or push for quick agreement on the map. Over three months there will be elections for Governors in different regions since regions don't hold Governor elections in the same month. That means it's possible to have different members on the commission over three months. If the composition of the commission is favorable to a party, those Governors might try to hurry to draw districts before some of them retire or lose while a Governor who is more isolated in the commission might try to slow down the process in hope of a change in the commissioners with the next election happening in some region. Are the Governor members of the commission the same for the whole process or can there be modifications following regional election for Governor during the commission's existence.

C) Is the commission expected to work in secrecy within its members or consulting party officials is expected to happen. 

[bore]

Thanks for the input Poirot here's what I would say:

A) It could, in the same way that people can strategically move for regional elections, but due to attachment to states of registration, plus the fact that an arms race inevitably develops (like in cottonfield) I don't see it having partisan difficulties. It's true this would make the districts unequal but that's a risk all districts systems face, which there's nothing we can do about. I'm in favour of raising the time to move to 6 months to help alleviate this but there is only so much that can be done.

B) That's a good point and that should be clarified but I think it's fairest if the governors who qualify at the start of the process stay on for the whole process, even if they lose. If they become inactive then the new governor should replace them.

C) I imagine it would meet in public.

[Poirot]

Thank you for answering about my concerns.

[Blair]

I have major concerns about the Kurdish Solidarity Bill, and the fact that it's been watered down from a good position into something that looks like the Turkish Ambassador wrote it. I support Senator Bore's effort to include the PKK in the entire process, but I fear the senate is selling them down the river. They've been systemically abused since the 1920's by about every single power, yet we only seem to care about them when they're fighting ISIS.

I urge the senate to agree to talks with Turkey about a Kurdish state, and to legislate that these talks must happen. Turkey have been absolutely useless during the last 8 months, they've refused access to there air bases, they've done nothing to secure the border and they've continue to attack Kurdish freedom Fighters. I urge the senate to get rid of this cold war mentality that offending NATO allies is bad, and I urge more concrete action in supporting a kurdish state 

[Prince of Salem]

I have very serious concerns about the Electoral Reform being debated right now, and I'd like to offer a proposal, if it ain't too late:

Let's divide Class B Senators in 2 groups: 3 elected at-large, and 2 elected from districts. The 3 at-large keep the competitiveness. And dividing the country in only two districts is much easier and practical than dividing in 5, plus more competitiveness in the districts too. It's a triple win!

[windjammer]

I would like to remind every citizen that they can propose legislations here. I'm saying that because no "citizen bill' has already been debated.

[Barnes]

I introduce the following bill in my capacity as Secretary of Internal Affairs.

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[Adam Griffin]

I introduce the following bill in my capacity as a concerned human being and Registrar General.

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[MASHED POTATOES. VOTE!]

Capital Punishment Restoration Act

1. Capital punishment is hereby restored under federal law of Atlasia
2. Capital punishment shall be a sentencing option in cases of treason and terrorism
3. Death sentence shall be executed within one week after the Supreme Court affirms a conviction and  President makes a decision not to interfere
4. Death sentence shall be carried out by means of decapitation by the guillotine in a closed, designated prison

[Filuwaúrdjan]

Criminal Justice (Reform) Act

Following an extensive review of Criminal Justice statute and practice, the Department of Justice proposes a wholesale revision of Criminal Law in the Republic of Atlasia, so as to create a clear and comprehensible system of Law and also to better protect the rights of defendants.

Section 1: Housekeeping

1. The Re-Consolidated Criminal Justice Act is hereby repealed.

Section 2: Crimes Against Atlasia

A) The following shall be crimes against Atlasia:

1. Impersonation. This offence shall be defined as the impersonation of another Atlas Forum member (be they a citizen of the Republic of Atlasia or not) on the territory of the Republic of Atlasia.
2. Identity Theft. This offence shall be defined as the illicit taking of control by any means of another Atlas Forum member's person account (be they a citizen of the Republic or not) without explicit and provable consent.
3. Voter Fraud. This offence shall be defined as the creation of identities other than a citizen's primary identity in the Republic of Atlasia and subsequently entering this identity into the tally of registered voters. 3a. If a citizen no longer has access to their previous forum account and wishes to register and/or vote with a new forum account in Atlasia, then they shall be allowed to do so legally only if they make it clear in the registration thread who they are and which forum account they previously registered under so that the SoFA may appropriately update the registration without having any duplicate accounts on the voter roll. 3b. This shall exclude those who have had their previous account banned from the Atlas Forum.
4. Electoral Fraud. This offence shall be defined as the manipulation of of the Republic's electoral procedures and practices with the aim of fraudulently altering the results of a specific electoral contest.
5. Obscenity. This offence shall be defined as the posting of any threads, messages, images, videos, links or other media of a pornographic or sexually explicit nature on the territory of the Republic of Atlasia. In cases where the material posted is of a clearly pornographic nature, the offence shall be known as Gross Obscenity.
6. Electoral Intimidation. This offence shall be defined as the placing of undue pressure on a citizen of the Republic to cast a ballot in a particular way, to not cast a ballot at all, or to invalidate a ballot already cast. In those cases in which undue pressure has been applied in the form of credible threats to disclose personal information, the offence shall be known as Grievous Electoral Intimidation.
7. Ballot Tampering. This offence shall be defined as the deletion of a ballot during a period between vote was closed and elected officeholders sworn-in or soliciting to delete a ballot during the same period.
8. Impersonation of a Public Official. This offence shall be defined as the performance of the duties of a cabinet official or deputy cabinet official without proper promotion or appointment.
9. Misconduct in Public Office. This offence shall be defined as the abuse of office for provable personal gain by cabinet officials or deputy cabinet officials.
10. Perjury. This offence shall be defined as "any person who takes an oath before a competent tribunal or officer that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, wilfully and contrary to such oath states or subscribes any material matter which he does not believe to be true."
11. Breach of the Peace. This offence shall be defined as the wilful undertaking of activities that though not treasonous nevertheless undermine the stability and security of the Republic of Atlasia by breaching the Peace as established by the Constitution of the Republic of Atlasia.
12. Malicious Editing of the Wiki. This offence shall be defined as the editing of the Atlasia Wiki with malicious intent.
13. Improper Behaviour on the Wiki. This offence shall be defined as the knowing violation or flagrant disregard of Senate-imposed Atlasia Wiki guidelines and standards.
14. Contempt of Court. See Section 5, Clause 4 of this Act.

B) Conspiracies and Attempted Crimes.

1. In those cases in which a Crime Against Atlasia has been attempted unsuccessfully, it shall nevertheless be possible to charge a citizen with the offence that they unsuccessfully attempted to commit. In such cases the official record of the charge shall be prefaced with 'Attempted', but no other alterations to procedure shall be made. This applies to all Crimes Against Atlasia with the exception of Obscenity (including Gross Obscenity), Misconduct in Public Office, Perjury, and Contempt of Court.
2. In those cases in which the perpetrator of a Crime Against Atlasia has been instructed, commissioned, mandated, or otherwise aided by other persons in the planning or execution of the offence in question, then those persons may also be charged with the offence that they conspired to commit. In such cases the record of the charge shall be prefaced with Conspiracy to Commit, but no other alterations to procedure shall be made. It shall not be necessary to charge an individual with a specific Crime Against Atlasia in order to charge other persons in this manner.

Section 3: Acts of Treason.

The following acts are hereby declared to be treasonous:

1. Rebellion. This shall be defined as the use of armed forces to overthrow the government of Republic of Atlasia or the government of any of its constituent Regions.
2. Aiding Rebellion. This shall be defined as the intentional direction of funds, military aid, or strategic advice to any person, persons, group or groups engaged in or seeking to engage in rebellion against the government of the Republic of Atlasia or the government of any of its constituent Regions.
3. Terrorism. This shall be defined as the use or threat of use of force or violence by a person, persons or organized group against people or property with the intention of intimidating civilians and/or the government of the Republic of Atlasia or the government of any of its constituent Regions.
4. Destruction of a Voting Booth. This shall be defined as the deleting of the thread in which a voting booth or an absentee voting booth for an active election is contained.
5. Secession. This shall be defined as the declaration or threatened declaration of independence from the Republic of Atlasia by any territorial entity within the bounds of the Republic of Atlasia or by any group of persons within the bounds of the Republic of Atlasia.
6. Refutation of Federal Supremacy in Law. This shall be defined as the denial – whether by word, by deed, or by omission – by any serving officeholder in the Republic of Atlasia or any of its constituent Regions of the supremacy of federal law, or of the decision by any person to serve in a Regional government that denies that it is subject to federal law.

[Filuwaúrdjan]

Section 4: Criminal Liability.

1. In order for a criminal conviction in the Republic of Atlasia to stand it is necessary that the case against a defendant or against multiple defendants be proven beyond all reasonable doubt.
2. The basic standard of liability for cases concerning both Crimes Against Atlasia and Acts of Treason shall be as in the Common Law: actus reas non facit reum nisi mens sit rea.¹ It must therefore be proven not only that a criminal act has taken place but that the citizen charged can be reasonably held to be fully responsible, whether by act or by omission, for that criminal act.
3. In cases in which it is certain that a criminal act has been committed by a member of a group of persons, but that it is not certain which of those persons has committed the criminal act, then it shall be possible to convict all said group of persons of the criminal charge in question, provided it can be demonstrated that there was no attempt by that group of persons to prevent the criminal act from taking place.

Section 5: Trial Rules.

1. Trial of all Crimes against Atlasia and Acts of Treason shall be performed in full compliance with the provisions of Article III, Section 2 of the Third Constitution of the Republic of Atlasia. Breach of these provisions shall render any conviction unsafe.
2. Defendants shall not be denied access to legal counsel from an active citizen of their choice, and also retain the right to waive their right to legal counsel. If a defendant has attempted without success to secure legal counsel or has, after a period of more than forty eight hours, declined to either seek or affirmatively waive legal representation, then the Department of Justice shall nominate an appropriately qualified citizen to act as Public Defendant for the duration of the trial. Said nominee must meet with the approval of the Presiding Judge in the trial in question and must be a person of upstanding moral character.
3. The Judiciary is hereby mandated to create and to uphold all rules with respect to trial procedure, up to and including the matter of personal conduct, so long as these rules do not contradict any part of this Act. In the event of a gross breach of trial procedure, the Presiding Judge may choose to charge the person or persons responsible with Contempt of Court which shall be treated as a Crime against Atlasia as per Section 2A of this Act.

Section 6: Admissibility of Evidence.

A) The Presiding Judge may admit the following as evidence at his own discretion:

1. Any actual statements, whether quoted in full or in part, made on the Atlas Forum that pertain to the trial. If these statements have been deleted from the Atlas Forum but a copy in the form of a screenshot has been made of them, then that copy in the form of a screenshot may be treated as equally admissible to an original quoted statement. If these statements have been deleted from the Atlas Forum, but survive – whether in full or in part – as quotations in the post of another Atlas Forum user, then these quoted fragments may also be treated as equally admissible to an original quoted statement.
2. The sworn testimony of a citizen of the Republic of Atlasia who has witnessed the alleged offence or its planning or preparation at first hand, or who has witnessed credible evidence of conspiracy.
3. An admission of guilt or culpability by the defendant in a thread on the Atlas Forum, or in a place viewed or heard by other persons, with recordings or testimony attributing to the same.
4. Evidence obtained through proper investigation of the IP address from which the offence was perpetrated.
5. Credible evidence presented to the Court by the Forum Moderators or by Dave Leip, the Forum Owner.
6. Other forms of evidence that are credible in nature and which do not contradict this Act or the Constitution of the Republic of Atlasia may additionally be considered.

B) The Presiding Judge has an absolute right to reject evidence (whether in whole or in part) that he or she feels to be tainted by procedural flaws, to be of dubious provenance or to wholly lack credibility.

Section 7: Sentencing.

In the event of a conviction, sentencing shall be carried out by the Presiding Judge in accordance with the following guidelines:

1. The standard punishment for both Crimes Against Atlasia and Acts of Treason shall be the removal of certain political rights – the right to hold office and the right to vote in federal or regional elections – of the guilty person or persons. The Presiding Judge may decide at his or her discretion on the exact combination of political rights to remove from the guilty person or persons. Subsequent references to sentence length refer to any and all combination of the above punishments.
2. For all Crimes Against Atlasia and even for Acts of Treason there shall be no minimum sentence. In such exceptional cases as the Presiding Judge sees fit, he or she may opt to issue a Discharge, which shall mean that the guilty person or persons shall suffer no punishment further than the acquisition of a criminal record.
3. The maximum sentence for all Crimes Against Atlasia other than Identity Theft or Electoral Intimidation shall be of two years in length.
4. The maximum sentence for Identity Theft and Electoral Intimidation shall be of five years in length.
5. The maximum sentence for all Acts of Treason shall be for the duration of the guilty person or persons natural life.
6. The Presiding Judge may decide, if there are adequate grounds, to suspend a sentence – in whole or in part – and instead place the guilty person or persons under a period of probation, the exact length of which shall be no longer and no shorter than the part of the sentence being suspended. Failure by the guilty person or persons to obey in full the terms of their probation shall result in the immediate imposition of their full sentence. Life Sentences may not be suspended.

Section 8: Appeals.

1. In addition to any Rights of Appeal the Supreme Court may find under the Constitution, the defendant retains a right to appeal against their conviction to the full Supreme Court provided that the possible existence of sufficient grounds are demonstrated in summary to the Court, and that the request for an appeal be lodged within one month of the cessation of the original trial.
2. In such cases there shall be three recognised grounds for appeal. The first shall be that the conviction is Wrongful due to errors in law or in fact made during the original trial. The second shall be that the conviction is Unjust due to procedural errors or other irregularities made during the original trial. The third shall be that new evidence has come to light that casts doubt on either the conviction or on the sentence imposed by the Presiding Judge at the original trial. In the matter of Unjust Convictions, the errors or irregularities must be of sufficient severity as to cast doubt on the safety of the conviction; minor errors do not render a conviction unsafe.
3. If the Supreme Court rules that a conviction is either Wrongful or Unjust then that conviction shall be quashed and the defendant shall leave the trial as a free citizen unblemished by the taint of guilt.
4. If the Supreme Court rules that new evidence casts doubt on the safety of the original conviction, then the Court may choose to order a Retrial of the original case with a new jury, it may reduce the sentence given in the original trial, or it may opt to quash the conviction.

_{1. 'The act is not culpable unless the mind is guilty.'}

[SUSAN CRUSHBONE]

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[Classic Conservative]

Do we have any laws regarding fireworks???

[Classic Conservative]

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[Leinad]

Do we have any laws regarding fireworks???

I'd think this would certainly be a regional matter.

[Leinad]

Any citizen can propose legislation here, eh? I presume that includes amendments?

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[/quote]

This is an idea I've had for a couple weeks now, and just decided that now is as good a time as any to try it. Can't hurt, right?

The point: the President, as it stands, can pardon almost anyone they want. This is too much unchecked power in the hands of one person. Senators can feel free to change the number if they want, but it shouldn't be too low or a coalition of like-minded parties could overturn pardons for political reasons.

[TNF]

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Voters may chose only 'yes', or 'no'. All persons not voting shall be recorded as 'yes' votes. In the event that a 'no' vote wins, all offices of the Republic of Atlasia shall be declared vacant and a special election shall be filled to fill all posts. In addition to this, all legislation passed since the founding of Atlasia shall be repealed and all existing political parties banned.
5. All persons elected to committees resulting from this legislation shall be elected on a plurality basis, with those candidates receiving the most votes being those selected for the continuity committees created by this Act.
[/quote]

[Classic Conservative]

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Voters may chose only 'yes', or 'no'. All persons not voting shall be recorded as 'yes' votes. In the event that a 'no' vote wins, all offices of the Republic of Atlasia shall be declared vacant and a special election shall be filled to fill all posts. In addition to this, all legislation passed since the founding of Atlasia shall be repealed and all existing political parties banned.
5. All persons elected to committees resulting from this legislation shall be elected on a plurality basis, with those candidates receiving the most votes being those selected for the continuity committees created by this Act.

[/quote]
This act is unconstitutional.

[SUSAN CRUSHBONE]

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[/quote]

[Simfan34]

I propose:

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2. Article V, Section 4 (sic) of the Agreement is amended to read as follows:

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3. This Act shall come into force with immediate effect.[/quote]

[Simfan34]

Where is this in terms of the queue?

[Classic Conservative]

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[Potus]

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[Potus]

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