SENATE BILL: Federal Electoral Act of 2019 (At Final Vote)
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  SENATE BILL: Federal Electoral Act of 2019 (At Final Vote)
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Southern Senator North Carolina Yankee
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« on: September 15, 2019, 11:32:37 PM »
« edited: September 30, 2019, 10:05:26 AM by Southern Senator North Carolina Yankee »

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SENATE BILL
To reform and consolidate Federal Election Laws


Be it enacted in Both Houses of Congress Assembled:
Quote
Federal Electoral Act of 2019
Section 1. Overview.
1. This bill shall be titled the “Federal Electoral Act of 2019”, or simply the “Federal Electoral Act”.
2. The following federal laws are hereby repealed:
a. F.L. 1-9: The Federal Electoral Act
b. F.L. 6-2: The Deputy Secretary of Federal Elections Act
c. F.L. 6-7: The Absentee Voting Act of 2017
d. F.L. 9-1: Act to establish a 72-hour Window between House Candidacy Declarations and Federal Elections
e. F.L. 15-05: The Party Organization Act
f. F.L. 19-26: The Election Daylight Savings Act of 2019
3. All subsequent federal electoral legislation that is passed shall be considered as amending this act, and shall be added accordingly on the wiki page for this act.

Section 2. Determination of Election Dates.
1. Presidential elections shall be held in the months of February, June, and October, beginning at midnight Eastern Daylight Time for elections beginning between the second Sunday in March and the first Sunday in November, and midnight Eastern Standard Time for all other elections, between the penultimate Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
2. Elections to the House of Representatives shall be held in the months of February, April, June, August, October, and December, beginning, in all months other than December, at midnight Eastern Daylight Time for elections beginning between the second Sunday in March and the first Sunday in November, and midnight Eastern Standard Time for all other elections, between the penultimate Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
a. Elections to the House held in December shall be begin at midnight Eastern Standard Time between the second Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
3. Special elections to the House of Representatives, in accordance with the conditions set within the Constitution, shall be held beginning at midnight between the first possible Friday and preceding Thursday such that the election begins at least a full 240 hours after the vacancy has been created, and terminating exactly seventy-two hours after beginning.
4. All candidates elected in any regular federal election as described within this section shall begin their term of office at noon Eastern Daylight Time for terms beginning between the second Sunday in March and the first Sunday in November, and noon Eastern Standard Time for all other terms, on the first Friday in the month after the scheduled month of election.
5. All candidates elected in special elections to the House of Representatives shall be eligible to swear in for the remainder of the term immediately upon certification of the result.

Section 3. Candidacy Declarations
1. All official declarations of candidacy for federal office must be made within the official “Candidate Declaration Thread”. This thread must be clearly indicated and pinned by a moderator and shall be managed by the federal election authority.
2. All candidacy declarations must clearly state the office being sought. A declaration which states or otherwise clearly indicates an election month shall be considered a declaration for the election for the relevant office in that month if such an election is scheduled and shall be invalid if there is no such election. If no date is given, the declaration shall be assumed to be for the next scheduled election for the office.
a. Should an incumbent officeholder holding one elected office merely state they are running for reelection, it should be assumed that they will seek their current office once again in the next scheduled election.
3. The declaration period for a special election for the House of Representatives shall begin when the vacancy is officially created, and no declaration from before this point shall be considered for the special election. All declarations for a special election must clearly state that the candidate seeks to run in the special election - any declaration that does not state this shall be evaluated in accordance with Clause 3.2.
4. The declaration period for any regularly scheduled or special election for the House of Representatives shall terminate seventy-two hours (three days) prior to the scheduled commencement of the election. No declaration made after this time shall be valid.
5. The declaration period for Presidential elections shall terminate one hundred and sixty-eight hours prior to the scheduled commencement of the election. No Presidential declaration made after this time shall be valid, but a Presidential candidate shall have until seventy-two hours prior to the scheduled commencement of the election to finalize their Vice Presidential running mate - any Presidential candidacies which are not part of a valid Presidential ticket, consisting of two distinct, constitutionally eligible citizens as candidates for President and Vice President, by this time shall be invalid.
6. For a Presidential ticket to be valid, both candidates on the ticket must clearly indicate their assent to being on the ticket in question in the Candidate Declaration Thread.
7. Any ticket or candidate satisfying the above requirements as well as all constitutional requirements to run for the office in question shall appear on the ballot for that office.

Section 4. Voter Eligibility.
1. A registered voter shall only be eligible to vote in a federal election if they have been registered continuously for at least one hundred and sixty-eight hours immediately prior to the commencement of the election.
2. A registered voter shall only be eligible to vote in a federal election if they have made at least ten posts from their account in the seventy days (ten weeks) immediately prior to the commencement of the election.

Section 5. Voting Booth and Ballot.
1. Whenever possible, the Cabinet member assigned the portfolio of federal election authority shall be the administrator of the voting booth. If they are absent or unable to administer the voting booth, then the President shall designate an executive officer to do so instead. The designated officer retains all powers and responsibilities of the federal election authority for the election in question.
a. If, in the scenario described in the above subsection, the President fails to designate an officer to fulfill the responsibilities of voting booth administrator more than twelve hours prior to commencement of the election, the Vice President shall take on the role.
2. The federal election authority is recommended to give registered voters seven days advance public notice in the Atlas Fantasy Elections board of the hours voting will take place in any federal election. The federal election authority shall post a sample ballot no later than 24 hours prior to the commencement of a federal election.
3. The federal election authority shall be free to design the ballot as they see fit, provided that they adhere to the requirements set out in Section 3 of this Act as well as the following:
a. All candidates must be listed by their permanent Atlas Forum username, unless they have requested otherwise. Such a request shall be granted, unless it would confuse them with another user.
b. All candidates must be listed with their state of registration.
c. All candidates must be listed with their registered political party, with the following exceptions:
i. A party may, at its discretion as determined by individual bylaws, prohibit any candidate from appearing on the ballot with it's official party name. This decision must be made and reported to the relevant election administrators at least 48 hours in advance of the start of the election. (Continuation of F.L. 15-05§2.3)
ii. If a candidate who is a member of a political party has been barred from appearing on the ballot with that party’s name in accordance with the above clause, but has been endorsed by another party in accordance with their bylaws, then the candidate may choose, with the assent of the chair of the endorsing party, to appear on the ballot under that party’s name with “(endorsed)” appended to the end of the name. Otherwise, their party shall be listed as “Unaffiliated”
iii. If an independent has been endorsed by a political party in accordance with their bylaws, then the candidate may choose, with the assent of the chair of the endorsing party, to appear on the ballot with their party listed as “Independent ([endorsing party name])
d. During Presidential elections, the candidate listing for Presidential tickets and House of Representatives should be clearly separated, with a clear indication of which is which.
e. The ballot must contain a link to the most recent version of this act.
f. All elements of the ballot must be clearly visible and accessible.

Section 6. Voting.
1. Presidential elections in Atlasia shall be conducted using instant-runoff voting as described in subsection 7.1 - voters shall list a preference order for some, none, or all of the candidates.
2. Elections to the House of Representatives shall be conducted using single transferable vote as described in subsection 7.3 - voters shall list a preference order for some, none, or all of the candidates.
3. In any election, other than a run-off election, a voter may choose to cast a write-in vote. Any vote for a candidate who does not appear on the ballot shall be considered a write-in vote for that candidate.
4. No write-in for the House of Representatives shall be considered valid unless the candidate in question has accepted write-ins for the office by either stating as such in the Candidate Declaration Thread or by casting a vote in the election that includes a write-in for themselves. Votes for an unaccepted write-in shall automatically skip to the next preference during evaluation.
5. No write-in for the Presidential election shall be considered valid unless it is cast for a complete ticket and both candidates in question have accepted write-ins for the specific ticket in question by either stating as such in the Candidate Declaration Thread or by casting a vote in the election that includes a write-in for that same ticket.  Votes for an unaccepted write-in shall automatically skip to the next preference during evaluation.
6. No voter may edit their ballot once twenty minutes have passed since its casting, nor may they delete their own ballot - either of these actions render the voter invalid for the election, and neither that ballot nor any other ballot cast by that voter in the same election shall be counted.
7. If, in any race, only one candidate or ticket has been marked or listed on a ballot, then that ballot shall be considered a first preference vote for that candidate with no other preferences in that race.
8. If a ballot lists a Presidential candidate with no vice presidential candidate, and that presidential candidate is listed on the official ballot exactly once, on a presidential ticket, then the vote shall be considered a vote for that ticket.
9. If a ballot uses multiple indistinguishable or insortable marks to list candidates being voted for, or orders candidates without placing a mark next to them in a manner that is clearly distinguishable from reposting the exact initial ballot without marking any candidate, then the order in which the candidates are listed on that ballot shall be considered the preference order of that ballot.

Section 7. Determination of the winner.
1. In Presidential elections, instant runoff voting shall be used to determine the winner, with the exact procedure used as follows:
a. Each vote shall be allocated to their highest validly preferenced ticket, and shall be exhausted if there are no valid preferences.
b. Should any ticket command an absolute majority of valid unexhausted votes, that ticket shall be the winner of the election.
c. If no ticket commands an absolute majority of valid unexhausted votes, then the candidate with the lowest vote total shall be eliminated, and their votes reallocated to their next validly preferenced uneliminated ticket, and shall be exhausted if there are no such preferences.
d. The process outlined in clause (c) shall be continuously applied until a ticket commands an absolute majority of valid unexhausted votes, at which point that ticket shall be the winner of the election.
e. Should there be a tie for the lowest vote total, and more than two tickets remain uneliminated, then the tied ticket with the least number of first-valid-preference votes shall be eliminated. Should this also be a tie, then the tickets in this tie shall be evaluated by second-valid-preference votes, then by third-valid-preference votes, and so on and so forth until a determination is reached on one ticket to eliminate.
f. If such a tie cannot be resolved by the above clause, and the question of which of the tickets that remain tied should be eliminated does not affect the final election winner, then the elections authority may choose one of the tickets to eliminate first. If it does affect the final result, then the determination shall be made by virtual coin toss or other probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.
g. Should there be only two tickets remaining, tied with exactly half of the valid unexhausted vote each, then a runoff election between the two tickets shall be held.
h. If a ticket is involved in a tie which requires probabilistic methods or a runoff to resolve, then that ticket may instead choose to concede the election by a declaration of both members of the ticket in the Candidate Declaration Thread. Any ticket that chooses to concede shall be eliminated immediately, unless every uneliminated ticket is involved in a tie and all have chosen to concede, in which case no concession shall be taken into account. To be valid, any such concession must be made within 24 hours of certification.
2. Special elections for a single seat in the House of Representatives shall be conducted in the same manner as presidential elections as described above, with “candidate” replacing “ticket” where appropriate.
3. In elections for multiple seats in the House of Representatives, single transferable vote shall be used to determine the winner, with the exact procedure as follows:
a. The federal election authority shall calculate the quota for election based on the number of valid votes cast and the number of seats to fill using the Droop quota formula as follows: Quota =  ⌊valid votes cast/(seats to be elected +1)⌋ +1
b. Each vote shall be allocated to their highest validly preferenced ticket, and shall be exhausted if there are no valid preferences.
c. The election count shall be evaluated as follows, continuing through indefinitely until the evaluation is complete:
i. If the number of candidates elected by meeting or exceeding the quota is equal to the number of seats to elect, then the evaluation is complete.
ii. If the number of candidates elected plus the number of candidates-in-evaluation (candidates who have been neither elected nor eliminated) is equal to the number of seats to elect, then all such candidates are elected and the evaluation is complete.
iii. If neither of the above criteria are fulfilled, and one or more candidates have met or exceeded the quota, then those candidates are elected and any surplus over quota is redistributed proportionally according to the next valid preference for a candidate-in-evaluation of each of their votes.
iv. If none of the above criteria are fulfilled, then the candidate with the lowest vote total shall be eliminated, and their votes reallocated to their next validly preferenced candidate-in-evaluation.
d. Should there be a tie for the lowest vote total in an evaluation at stage (iv), then the tied candidate with the least number of first-valid-preference votes shall be eliminated. Should this also be a tie, then the tickets in this tie shall be evaluated by second-valid-preference votes, then by third-valid-preference votes, and so on and so forth until a determination is reached on one candidate to eliminate.
e. If such a tie cannot be resolved by the above clause, and the question of which of the candidates that remain tied should be eliminated does not affect the final list of elected candidates, then the elections authority may choose one of the candidates to eliminate first. f. If it does affect the final result, then the determination shall be made by virtual coin toss or other probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.
g. If a candidate is involved in a tie which requires probabilistic methods to resolve, then that candidate may instead choose to concede the election by posting a declaration in the Candidate Declaration Thread. Any candidate that chooses to concede shall be eliminated immediately, unless eliminating all conceding candidates causes the sum of the number of elected candidates and candidates-in-evaluation to fall below the number of seats to elect, in which case no concession shall be taken into account. To be valid, any such concession must be made within 24 hours of certification.

Section 8. Election Certification.
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 thereafter.
2. Certification of the election result shall be conducted as soon as reasonably possible after the voting booth is closed. The certification shall be carried out by the federal election authority, or, if they are unavailable, by an appointed surrogate. Should the federal election authority fail to name such a surrogate, the President may choose to do so instead.
3. The certification of a federal election must list all voters whose ballots the election authority has discounted as well as the reason for discounting them. Ballots may only discounted if they are invalid under the law or if the election administrator, in using the procedures in section 6 as well as their own judgment, cannot reasonably determine the intent of the ballot. Indeterminable intent of a ballot in the race for one office shall not affect the counting of the ballot for any other office, and if the ballot has determinable intent up until a certain preference, it shall be counted as a valid vote with all preceding preferences intact, exhausting once the indeterminable preference is reached.
4. Once the federal election authority is content that certification is complete, they shall post an official certification. This certification must clearly indicate its official status, and must be made in the department thread of the federal election authority. An official certification is completely final and may only be altered by order of the Supreme Court of Atlasia. Nothing in this clause shall be construed to prohibit the posting of unofficial preliminary certifications by the federal election authority provided that such certifications are not indicated as official.
5. Lawsuits challenging the validity of certified election results shall only be valid if filed within one hundred and sixty-eight hours (seven days) of certification, unless the certification results in a runoff election, in which case such lawsuits shall only be valid if filed prior to the scheduled commencement of the runoff.

Continued in next post.
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Southern Senator North Carolina Yankee
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« Reply #1 on: September 15, 2019, 11:33:37 PM »
« Edited: September 15, 2019, 11:39:47 PM by Southern Senator North Carolina Yankee »

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Section 9. Runoffs.
1. Runoff elections shall commence exactly one hundred and sixty-eight hours after the commencement of the associated initial election, and terminate exactly seventy-two hours after beginning.
2. The tied candidates/tickets shall be entered on to the ballot, and no other candidates/tickets or options, including a write-in option, shall be included.
3. A vote may only be cast for one candidate/ticket. If a vote is cast with multiple preferences, only its first valid preference shall be counted.
4. At the close of voting, the candidate/ticket with more votes shall be the winner.
5. If, in a Presidential runoff, both tickets have the same number of votes, then the tickets may choose to concede by a declaration of both members of the ticket in the Candidate Declaration Thread. If one ticket chooses to concede, then the other shall be the winner. If neither ticket or both tickets choose to concede, then the election will result in a split presidential term, with one ticket’s term of office coinciding with the Congress whose House of Representatives was elected at the same election, and the other ticket’s term of office coinciding with the subsequent Congress. The order of the terms shall be determined as follows:
a. If both tickets reach an agreement on the order of their terms, then this agreement shall be abided by. Once both tickets have indicated their assent, such an agreement cannot be reversed.
b. If no agreement has been reached, and one of the tickets’ Presidential candidate is the incumbent President, then that ticket shall serve the earlier term of offiice
c. If neither of the above criteria are fulfilled, and the incumbent Vice President is on one of the tickets, then that ticket shall serve the earlier term of office.
d. If none of the above criteria are fulfilled, than the ticket whose Presidential candidate has a lower User ID number shall serve the earlier term of office.
6. If, in a runoff for a single seat in the House of Representatives, both candidates have the same number of votes, then the candidates may choose to concede by a declaration in the Candidate Declaration Thread. If one candidate chooses to concede, then the other shall be the winner. If neither candidate or both candidates choose to concede, the determination of the winner shall be made by virtual coin toss or other fair probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.

Section 10. Emergency Election Authorization.
1. Should a significant calamity in the operation of Atlasia occur, leaving the federal election authority portfolio unassigned, the Presidency vacant, and the Presidential line of succession completely empty, with too few members in either House of Congress to elect a presiding officer, then the moderators of the Atlas Fantasy Elections board and modadmins and administrators of the Atlas Forum are statutorily authorized to hold a special election for the House of Representatives so that a Speaker may be elected and elevated to the Presidency.

Section 11. Absentee Voting. (Continuation of F.L. 6-7)
1. All voters shall have the right to cast absentee votes after the candidacy declaration period has expired.
2. Upon the candidacy declaration deadline occurring the Secretary of Federal Elections shall publicly post that absentee voting application has opened. In the event of runoff elections, once the need for a runoff election is known, the Secretary of Federal Elections shall publicly post that absentee voting application has opened.
3. Voters wishing to apply for an absentee vote shall notify this publicly in a manner specified by the Secretary of Federal Elections.
4. The Secretary of Federal Elections shall then grant the request to absentee vote publicly, at which point the voter may proceed to vote in the Absentee Voting Booth.
5. Absentee Voters shall post their votes in the same format as if it were a regular ballot, and they shall be subject to the same rules and regulations as regular ballots.
6. Should an Absentee Voter post more than 5 times anywhere on the Atlas Forum in the regular election period, their absentee vote shall be nullified and treated as non extant.
7. Any person who has their absentee vote nullified may vote again by regular ballot.
8. Any person who votes by regular ballot after voting by absentee ballot, shall have their absentee ballot treated as non-extant.
9. Persons who attempt to vote in the Absentee thread without prior notification of the Secretary of Federal Elections shall have that vote treated as non-extant.

Section 12. Effective Date.
1. This act shall take effect upon passage by both houses of Congress and signature of the President of Atlasia.
People's Regional Senate
Pending

Sponsor: Ontario Progressive
Senate Designation: SB20:08
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Southern Senator North Carolina Yankee
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« Reply #2 on: September 15, 2019, 11:39:12 PM »

The sponsor has 24 hours to commence an advocacy for this, all other members have 48 hours to respond.
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« Reply #3 on: September 16, 2019, 09:31:29 PM »

This bill is a bill that will help consolidate all our of current federal election law into a single bill, and also contains some reforms to our electoral law.

The most notable reform as of now is a 10 week post eligibility period instead of an 8 week period.
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Dr. MB
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« Reply #4 on: September 17, 2019, 01:19:35 AM »

This bill is a bill that will help consolidate all our of current federal election law into a single bill, and also contains some reforms to our electoral law.

The most notable reform as of now is a 10 week post eligibility period instead of an 8 week period.
Lots of things were patched up and clarified, too. The original bill was an absolute mess.
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« Reply #5 on: September 17, 2019, 02:02:11 AM »

The primary thing that's been done here is that as many vague statements as possible have been clarified. This includes (but is by no means limited to):

- Explaining how STV and House elections are actually supposed to work. Which was completely missing up until this point.
- Properly setting scheduling for House specials, also missing up until this point.
- Clarifying and streamlining runoff procedure, avoiding the creation of situations where there's a runoff between two candidates outside of the final round that could end up handing victory to a candidate not involved in the runoff (and fully eliminates the possibilities of a runoff during STV).
- Defining clearly what exactly constitutes a valid candidacy declaration.
- Setting regulations on ballot design to ensure each candidate is fairly represented. Also allows independent and unaffliated candidates to choose to appear with both "Independent"/"Unaffiliated" - and requires a link on the ballot to the most recent version of this Act. See §5.3 for more details.
(side note there should be a "d." before "during presidential elections" in that section - PPT fix if possible would be good there)
- §8 sets clearer guidelines and fallbacks regarding election certification
- §10 is mostly a doomsday scenario case which would allow the board mods to restart Atlasia if it ever came to a point where the officeholders needed for it to function went absent or vacant, while still acting within the legal framework of the game (thus preventing inevitable annoying litigiation if such a thing did ever somehow come to pass)
- The whole thing has been reordered so that it goes in order from the start of the process (determining the date of the election and having candidates declare) to the end of it (determining the winner, certifications, and potential runoff). Exception is the absentee ballot section, which was added later (iirc at Poirot's suggestion) - I'd support amending this so it would be reordered just before or after the current §5.

Then there's what I think is the most important provision here. §1.3 clearly sets that for record-keeping purposes, all future electoral statute should be considered as amending this act. That means that ideally, we will be able to keep one up-to-date "Federal Electoral Act of 2019" statute page that incorporates all changes that may be made in the future and thus serves as a complete record of Atlasian federal elections law. (Wiki pages could also be kept for the original and any intermediate versions as well but the idea is that there would always be a current, easily accessible one.) Ideally, this would push all future election law changes and additions to be structured explicitly as modifying this bill, but even if they weren't they would just be documented as "Section [13 or higher] - previous sections of the bill notwithstanding". Which, again, would make potential confusion much more clear early on and create more of an incentive to write electoral law changes as amendments to the statute.

Last note, this is almost all completely new text done from scratch, as I didn't find much of the old text to be even salvageable. So I encourage you all to to pore over this to make sure there aren't any loopholes or potential issues or ambiguity here. The goal is to provide a solid, unambiguous core for the game to operate off of.
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Southern Senator North Carolina Yankee
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« Reply #6 on: September 18, 2019, 10:37:15 AM »

When we were discussing this bill, I recall particularly regarding deregistration for instance that it would be handled in a separate bill later on. Is that still the plan?
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« Reply #7 on: September 18, 2019, 11:56:50 AM »

When we were discussing this bill, I recall particularly regarding deregistration for instance that it would be handled in a separate bill later on. Is that still the plan?

Looking at Section IV of thos new bill it does seem the requirements for voting are the same.

I do think registration should indeed be handled by a separate Census Act or something
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« Reply #8 on: September 18, 2019, 12:09:03 PM »

When we were discussing this bill, I recall particularly regarding deregistration for instance that it would be handled in a separate bill later on. Is that still the plan?

I believe so.
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« Reply #9 on: September 18, 2019, 12:09:09 PM »

When we were discussing this bill, I recall particularly regarding deregistration for instance that it would be handled in a separate bill later on. Is that still the plan?

There is a pretty much final draft of the Census Act sitting around somewhere on Google Docs, I think - I just want to look over it one more time for typos/issues before it’s introduced (and I’m not going to be on my laptop for a couple days)
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Southern Senator North Carolina Yankee
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« Reply #10 on: September 20, 2019, 11:27:22 AM »

When we were discussing this bill, I recall particularly regarding deregistration for instance that it would be handled in a separate bill later on. Is that still the plan?

There is a pretty much final draft of the Census Act sitting around somewhere on Google Docs, I think - I just want to look over it one more time for typos/issues before it’s introduced (and I’m not going to be on my laptop for a couple days)

I see.
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« Reply #11 on: September 23, 2019, 07:37:29 PM »

Are we going anywhere on this?
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« Reply #12 on: September 24, 2019, 03:03:33 PM »

Census Act has been introduced in the intro thread fwiw, if you guys were waiting for that.
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« Reply #13 on: September 26, 2019, 11:34:59 AM »


If everyone is comfortable with the contents and feels they are have read it enough to understand it then we can move to a final vote.
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« Reply #14 on: September 27, 2019, 11:29:46 AM »

This is a well-written and comprehensive bill.

As it is not our intention to re-imagine our federal election rules, Congress has no legitimate cause to oppose passage.
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« Reply #15 on: September 30, 2019, 10:05:12 AM »

A final vote is now open on this legislation, Senators please vote Aye, Nay or Abstain.
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« Reply #16 on: September 30, 2019, 10:05:37 AM »

AYE
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« Reply #17 on: September 30, 2019, 10:16:17 AM »

Aye
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« Reply #18 on: September 30, 2019, 10:58:28 AM »

Aye
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« Reply #19 on: September 30, 2019, 11:16:24 AM »

Aye
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« Reply #20 on: September 30, 2019, 08:32:08 PM »

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« Reply #21 on: September 30, 2019, 10:22:42 PM »

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Southern Senator North Carolina Yankee
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« Reply #22 on: October 03, 2019, 12:17:34 PM »

Vote on final passage of the Federal Electoral Act of 2019:

Aye (6): Devout Centrist, NC Yankee, OntarioProgressive, Pyro, Tack50, TPH
Nay (0):
Abstain (0):

Didn't Vote (0):

This bill has passed and is presented to the VP for House action.
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Southern Senator North Carolina Yankee
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« Reply #23 on: October 03, 2019, 12:18:05 PM »

Quote from: Final Senate Text
SENATE BILL
To reform and consolidate Federal Election Laws


Be it enacted in Both Houses of Congress Assembled:
Quote
Federal Electoral Act of 2019
Section 1. Overview.
1. This bill shall be titled the “Federal Electoral Act of 2019”, or simply the “Federal Electoral Act”.
2. The following federal laws are hereby repealed:
a. F.L. 1-9: The Federal Electoral Act
b. F.L. 6-2: The Deputy Secretary of Federal Elections Act
c. F.L. 6-7: The Absentee Voting Act of 2017
d. F.L. 9-1: Act to establish a 72-hour Window between House Candidacy Declarations and Federal Elections
e. F.L. 15-05: The Party Organization Act
f. F.L. 19-26: The Election Daylight Savings Act of 2019
3. All subsequent federal electoral legislation that is passed shall be considered as amending this act, and shall be added accordingly on the wiki page for this act.

Section 2. Determination of Election Dates.
1. Presidential elections shall be held in the months of February, June, and October, beginning at midnight Eastern Daylight Time for elections beginning between the second Sunday in March and the first Sunday in November, and midnight Eastern Standard Time for all other elections, between the penultimate Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
2. Elections to the House of Representatives shall be held in the months of February, April, June, August, October, and December, beginning, in all months other than December, at midnight Eastern Daylight Time for elections beginning between the second Sunday in March and the first Sunday in November, and midnight Eastern Standard Time for all other elections, between the penultimate Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
a. Elections to the House held in December shall be begin at midnight Eastern Standard Time between the second Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
3. Special elections to the House of Representatives, in accordance with the conditions set within the Constitution, shall be held beginning at midnight between the first possible Friday and preceding Thursday such that the election begins at least a full 240 hours after the vacancy has been created, and terminating exactly seventy-two hours after beginning.
4. All candidates elected in any regular federal election as described within this section shall begin their term of office at noon Eastern Daylight Time for terms beginning between the second Sunday in March and the first Sunday in November, and noon Eastern Standard Time for all other terms, on the first Friday in the month after the scheduled month of election.
5. All candidates elected in special elections to the House of Representatives shall be eligible to swear in for the remainder of the term immediately upon certification of the result.

Section 3. Candidacy Declarations
1. All official declarations of candidacy for federal office must be made within the official “Candidate Declaration Thread”. This thread must be clearly indicated and pinned by a moderator and shall be managed by the federal election authority.
2. All candidacy declarations must clearly state the office being sought. A declaration which states or otherwise clearly indicates an election month shall be considered a declaration for the election for the relevant office in that month if such an election is scheduled and shall be invalid if there is no such election. If no date is given, the declaration shall be assumed to be for the next scheduled election for the office.
a. Should an incumbent officeholder holding one elected office merely state they are running for reelection, it should be assumed that they will seek their current office once again in the next scheduled election.
3. The declaration period for a special election for the House of Representatives shall begin when the vacancy is officially created, and no declaration from before this point shall be considered for the special election. All declarations for a special election must clearly state that the candidate seeks to run in the special election - any declaration that does not state this shall be evaluated in accordance with Clause 3.2.
4. The declaration period for any regularly scheduled or special election for the House of Representatives shall terminate seventy-two hours (three days) prior to the scheduled commencement of the election. No declaration made after this time shall be valid.
5. The declaration period for Presidential elections shall terminate one hundred and sixty-eight hours prior to the scheduled commencement of the election. No Presidential declaration made after this time shall be valid, but a Presidential candidate shall have until seventy-two hours prior to the scheduled commencement of the election to finalize their Vice Presidential running mate - any Presidential candidacies which are not part of a valid Presidential ticket, consisting of two distinct, constitutionally eligible citizens as candidates for President and Vice President, by this time shall be invalid.
6. For a Presidential ticket to be valid, both candidates on the ticket must clearly indicate their assent to being on the ticket in question in the Candidate Declaration Thread.
7. Any ticket or candidate satisfying the above requirements as well as all constitutional requirements to run for the office in question shall appear on the ballot for that office.

Section 4. Voter Eligibility.
1. A registered voter shall only be eligible to vote in a federal election if they have been registered continuously for at least one hundred and sixty-eight hours immediately prior to the commencement of the election.
2. A registered voter shall only be eligible to vote in a federal election if they have made at least ten posts from their account in the seventy days (ten weeks) immediately prior to the commencement of the election.

Section 5. Voting Booth and Ballot.
1. Whenever possible, the Cabinet member assigned the portfolio of federal election authority shall be the administrator of the voting booth. If they are absent or unable to administer the voting booth, then the President shall designate an executive officer to do so instead. The designated officer retains all powers and responsibilities of the federal election authority for the election in question.
a. If, in the scenario described in the above subsection, the President fails to designate an officer to fulfill the responsibilities of voting booth administrator more than twelve hours prior to commencement of the election, the Vice President shall take on the role.
2. The federal election authority is recommended to give registered voters seven days advance public notice in the Atlas Fantasy Elections board of the hours voting will take place in any federal election. The federal election authority shall post a sample ballot no later than 24 hours prior to the commencement of a federal election.
3. The federal election authority shall be free to design the ballot as they see fit, provided that they adhere to the requirements set out in Section 3 of this Act as well as the following:
a. All candidates must be listed by their permanent Atlas Forum username, unless they have requested otherwise. Such a request shall be granted, unless it would confuse them with another user.
b. All candidates must be listed with their state of registration.
c. All candidates must be listed with their registered political party, with the following exceptions:
i. A party may, at its discretion as determined by individual bylaws, prohibit any candidate from appearing on the ballot with it's official party name. This decision must be made and reported to the relevant election administrators at least 48 hours in advance of the start of the election. (Continuation of F.L. 15-05§2.3)
ii. If a candidate who is a member of a political party has been barred from appearing on the ballot with that party’s name in accordance with the above clause, but has been endorsed by another party in accordance with their bylaws, then the candidate may choose, with the assent of the chair of the endorsing party, to appear on the ballot under that party’s name with “(endorsed)” appended to the end of the name. Otherwise, their party shall be listed as “Unaffiliated”
iii. If an independent has been endorsed by a political party in accordance with their bylaws, then the candidate may choose, with the assent of the chair of the endorsing party, to appear on the ballot with their party listed as “Independent ([endorsing party name])
d. During Presidential elections, the candidate listing for Presidential tickets and House of Representatives should be clearly separated, with a clear indication of which is which.
e. The ballot must contain a link to the most recent version of this act.
f. All elements of the ballot must be clearly visible and accessible.

Section 6. Voting.
1. Presidential elections in Atlasia shall be conducted using instant-runoff voting as described in subsection 7.1 - voters shall list a preference order for some, none, or all of the candidates.
2. Elections to the House of Representatives shall be conducted using single transferable vote as described in subsection 7.3 - voters shall list a preference order for some, none, or all of the candidates.
3. In any election, other than a run-off election, a voter may choose to cast a write-in vote. Any vote for a candidate who does not appear on the ballot shall be considered a write-in vote for that candidate.
4. No write-in for the House of Representatives shall be considered valid unless the candidate in question has accepted write-ins for the office by either stating as such in the Candidate Declaration Thread or by casting a vote in the election that includes a write-in for themselves. Votes for an unaccepted write-in shall automatically skip to the next preference during evaluation.
5. No write-in for the Presidential election shall be considered valid unless it is cast for a complete ticket and both candidates in question have accepted write-ins for the specific ticket in question by either stating as such in the Candidate Declaration Thread or by casting a vote in the election that includes a write-in for that same ticket.  Votes for an unaccepted write-in shall automatically skip to the next preference during evaluation.
6. No voter may edit their ballot once twenty minutes have passed since its casting, nor may they delete their own ballot - either of these actions render the voter invalid for the election, and neither that ballot nor any other ballot cast by that voter in the same election shall be counted.
7. If, in any race, only one candidate or ticket has been marked or listed on a ballot, then that ballot shall be considered a first preference vote for that candidate with no other preferences in that race.
8. If a ballot lists a Presidential candidate with no vice presidential candidate, and that presidential candidate is listed on the official ballot exactly once, on a presidential ticket, then the vote shall be considered a vote for that ticket.
9. If a ballot uses multiple indistinguishable or insortable marks to list candidates being voted for, or orders candidates without placing a mark next to them in a manner that is clearly distinguishable from reposting the exact initial ballot without marking any candidate, then the order in which the candidates are listed on that ballot shall be considered the preference order of that ballot.

Section 7. Determination of the winner.
1. In Presidential elections, instant runoff voting shall be used to determine the winner, with the exact procedure used as follows:
a. Each vote shall be allocated to their highest validly preferenced ticket, and shall be exhausted if there are no valid preferences.
b. Should any ticket command an absolute majority of valid unexhausted votes, that ticket shall be the winner of the election.
c. If no ticket commands an absolute majority of valid unexhausted votes, then the candidate with the lowest vote total shall be eliminated, and their votes reallocated to their next validly preferenced uneliminated ticket, and shall be exhausted if there are no such preferences.
d. The process outlined in clause (c) shall be continuously applied until a ticket commands an absolute majority of valid unexhausted votes, at which point that ticket shall be the winner of the election.
e. Should there be a tie for the lowest vote total, and more than two tickets remain uneliminated, then the tied ticket with the least number of first-valid-preference votes shall be eliminated. Should this also be a tie, then the tickets in this tie shall be evaluated by second-valid-preference votes, then by third-valid-preference votes, and so on and so forth until a determination is reached on one ticket to eliminate.
f. If such a tie cannot be resolved by the above clause, and the question of which of the tickets that remain tied should be eliminated does not affect the final election winner, then the elections authority may choose one of the tickets to eliminate first. If it does affect the final result, then the determination shall be made by virtual coin toss or other probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.
g. Should there be only two tickets remaining, tied with exactly half of the valid unexhausted vote each, then a runoff election between the two tickets shall be held.
h. If a ticket is involved in a tie which requires probabilistic methods or a runoff to resolve, then that ticket may instead choose to concede the election by a declaration of both members of the ticket in the Candidate Declaration Thread. Any ticket that chooses to concede shall be eliminated immediately, unless every uneliminated ticket is involved in a tie and all have chosen to concede, in which case no concession shall be taken into account. To be valid, any such concession must be made within 24 hours of certification.
2. Special elections for a single seat in the House of Representatives shall be conducted in the same manner as presidential elections as described above, with “candidate” replacing “ticket” where appropriate.
3. In elections for multiple seats in the House of Representatives, single transferable vote shall be used to determine the winner, with the exact procedure as follows:
a. The federal election authority shall calculate the quota for election based on the number of valid votes cast and the number of seats to fill using the Droop quota formula as follows: Quota =  ⌊valid votes cast/(seats to be elected +1)⌋ +1
b. Each vote shall be allocated to their highest validly preferenced ticket, and shall be exhausted if there are no valid preferences.
c. The election count shall be evaluated as follows, continuing through indefinitely until the evaluation is complete:
i. If the number of candidates elected by meeting or exceeding the quota is equal to the number of seats to elect, then the evaluation is complete.
ii. If the number of candidates elected plus the number of candidates-in-evaluation (candidates who have been neither elected nor eliminated) is equal to the number of seats to elect, then all such candidates are elected and the evaluation is complete.
iii. If neither of the above criteria are fulfilled, and one or more candidates have met or exceeded the quota, then those candidates are elected and any surplus over quota is redistributed proportionally according to the next valid preference for a candidate-in-evaluation of each of their votes.
iv. If none of the above criteria are fulfilled, then the candidate with the lowest vote total shall be eliminated, and their votes reallocated to their next validly preferenced candidate-in-evaluation.
d. Should there be a tie for the lowest vote total in an evaluation at stage (iv), then the tied candidate with the least number of first-valid-preference votes shall be eliminated. Should this also be a tie, then the tickets in this tie shall be evaluated by second-valid-preference votes, then by third-valid-preference votes, and so on and so forth until a determination is reached on one candidate to eliminate.
e. If such a tie cannot be resolved by the above clause, and the question of which of the candidates that remain tied should be eliminated does not affect the final list of elected candidates, then the elections authority may choose one of the candidates to eliminate first. f. If it does affect the final result, then the determination shall be made by virtual coin toss or other probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.
g. If a candidate is involved in a tie which requires probabilistic methods to resolve, then that candidate may instead choose to concede the election by posting a declaration in the Candidate Declaration Thread. Any candidate that chooses to concede shall be eliminated immediately, unless eliminating all conceding candidates causes the sum of the number of elected candidates and candidates-in-evaluation to fall below the number of seats to elect, in which case no concession shall be taken into account. To be valid, any such concession must be made within 24 hours of certification.

Section 8. Election Certification.
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 thereafter.
2. Certification of the election result shall be conducted as soon as reasonably possible after the voting booth is closed. The certification shall be carried out by the federal election authority, or, if they are unavailable, by an appointed surrogate. Should the federal election authority fail to name such a surrogate, the President may choose to do so instead.
3. The certification of a federal election must list all voters whose ballots the election authority has discounted as well as the reason for discounting them. Ballots may only discounted if they are invalid under the law or if the election administrator, in using the procedures in section 6 as well as their own judgment, cannot reasonably determine the intent of the ballot. Indeterminable intent of a ballot in the race for one office shall not affect the counting of the ballot for any other office, and if the ballot has determinable intent up until a certain preference, it shall be counted as a valid vote with all preceding preferences intact, exhausting once the indeterminable preference is reached.
4. Once the federal election authority is content that certification is complete, they shall post an official certification. This certification must clearly indicate its official status, and must be made in the department thread of the federal election authority. An official certification is completely final and may only be altered by order of the Supreme Court of Atlasia. Nothing in this clause shall be construed to prohibit the posting of unofficial preliminary certifications by the federal election authority provided that such certifications are not indicated as official.
5. Lawsuits challenging the validity of certified election results shall only be valid if filed within one hundred and sixty-eight hours (seven days) of certification, unless the certification results in a runoff election, in which case such lawsuits shall only be valid if filed prior to the scheduled commencement of the runoff.

Continued in next post.

[/quote]
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Southern Senator North Carolina Yankee
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« Reply #24 on: October 03, 2019, 12:20:39 PM »

Quote
Quote
Section 9. Runoffs.
1. Runoff elections shall commence exactly one hundred and sixty-eight hours after the commencement of the associated initial election, and terminate exactly seventy-two hours after beginning.
2. The tied candidates/tickets shall be entered on to the ballot, and no other candidates/tickets or options, including a write-in option, shall be included.
3. A vote may only be cast for one candidate/ticket. If a vote is cast with multiple preferences, only its first valid preference shall be counted.
4. At the close of voting, the candidate/ticket with more votes shall be the winner.
5. If, in a Presidential runoff, both tickets have the same number of votes, then the tickets may choose to concede by a declaration of both members of the ticket in the Candidate Declaration Thread. If one ticket chooses to concede, then the other shall be the winner. If neither ticket or both tickets choose to concede, then the election will result in a split presidential term, with one ticket’s term of office coinciding with the Congress whose House of Representatives was elected at the same election, and the other ticket’s term of office coinciding with the subsequent Congress. The order of the terms shall be determined as follows:
a. If both tickets reach an agreement on the order of their terms, then this agreement shall be abided by. Once both tickets have indicated their assent, such an agreement cannot be reversed.
b. If no agreement has been reached, and one of the tickets’ Presidential candidate is the incumbent President, then that ticket shall serve the earlier term of offiice
c. If neither of the above criteria are fulfilled, and the incumbent Vice President is on one of the tickets, then that ticket shall serve the earlier term of office.
d. If none of the above criteria are fulfilled, than the ticket whose Presidential candidate has a lower User ID number shall serve the earlier term of office.
6. If, in a runoff for a single seat in the House of Representatives, both candidates have the same number of votes, then the candidates may choose to concede by a declaration in the Candidate Declaration Thread. If one candidate chooses to concede, then the other shall be the winner. If neither candidate or both candidates choose to concede, the determination of the winner shall be made by virtual coin toss or other fair probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.

Section 10. Emergency Election Authorization.
1. Should a significant calamity in the operation of Atlasia occur, leaving the federal election authority portfolio unassigned, the Presidency vacant, and the Presidential line of succession completely empty, with too few members in either House of Congress to elect a presiding officer, then the moderators of the Atlas Fantasy Elections board and modadmins and administrators of the Atlas Forum are statutorily authorized to hold a special election for the House of Representatives so that a Speaker may be elected and elevated to the Presidency.

Section 11. Absentee Voting. (Continuation of F.L. 6-7)
1. All voters shall have the right to cast absentee votes after the candidacy declaration period has expired.
2. Upon the candidacy declaration deadline occurring the Secretary of Federal Elections shall publicly post that absentee voting application has opened. In the event of runoff elections, once the need for a runoff election is known, the Secretary of Federal Elections shall publicly post that absentee voting application has opened.
3. Voters wishing to apply for an absentee vote shall notify this publicly in a manner specified by the Secretary of Federal Elections.
4. The Secretary of Federal Elections shall then grant the request to absentee vote publicly, at which point the voter may proceed to vote in the Absentee Voting Booth.
5. Absentee Voters shall post their votes in the same format as if it were a regular ballot, and they shall be subject to the same rules and regulations as regular ballots.
6. Should an Absentee Voter post more than 5 times anywhere on the Atlas Forum in the regular election period, their absentee vote shall be nullified and treated as non extant.
7. Any person who has their absentee vote nullified may vote again by regular ballot.
8. Any person who votes by regular ballot after voting by absentee ballot, shall have their absentee ballot treated as non-extant.
9. Persons who attempt to vote in the Absentee thread without prior notification of the Secretary of Federal Elections shall have that vote treated as non-extant.

Section 12. Effective Date.
1. This act shall take effect upon passage by both houses of Congress and signature of the President of Atlasia.
People's Regional Senate
Passed 6-0 in the Atlasian Senate Assembled,

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