Objection – how are Independent senators treated? Are we to understand that this essentially relegates seniority to a tiebreaking factor? We might be able to clarify the wording in clause 6 regarding eligibility for available seats.
Independent is (as it was in the old House) treated as its own party within these rules. I can understand maybe excepting independents from rule 4, though I think they should definitely count as a party for rule 2 and it doesn’t make too much of a difference.
Seniority has always only been a final tiebreaker for succession of seats, after party affiliation etc. has been evaluated.
You can try alternative language for rule 6, but it feels like it’s prettt clear atm? Previous rules have restricted eligibility for any remaining members by assigning some seats to other members or parties, or perhaps by assigning seats to the party ahead of time in rules 2 and 4. The first unassigned member to swear in gets the lowest numbered seat that wouldn’t violate previous evaluation in any way.