OSR v. The Office of DoFE

[reagente]

Comes now the Plaintiff, Old School Republican (represented by reagente as counsel), to petition this Court for an injunction to prohibit the Federal Election Administrator from certifying an incorrect vote tabulation for the April 2023 at-large Senate election as well as a petition for mandamus to require said Federal Election Administrator to correctly certify the results.

On April 25, 2023, the Federal Election Administrator certified an incorrect tabulation of the ballots for the April 2023 at-large Senate election.

Tabulation

COUNT I: TSA

Firstly, the final tabulation counted the ballot of The Shadow Abyss (TSA) as valid despite such voter being invalid. Under federal law and the ballot instructions:

2. You are eligible to vote in this election if you have made 8 posts on the Atlas Forum in the past 8 weeks, have registered as a voter with the Registrar General more than 7 days before the start of the election, and have not had your voting rights stripped as a result of deregistration or a court verdict.

To be valid a voter would have had to have been validly and properly registered more than 7 days prior to April 21, 2023, the beginning of the election. The Shadow Abyss however registered on Saturday, April 15, 2023, at 10:51:45 PM EDT, which is less than the 7 days required by law.

TheShadowyAbyss
Democratic Alliance
Pennsylvania

I HAVE RETURNED

Therefore the ballot of The Shadow Abyss is invalid and should not have been included in the final tabulation.

Invalid Ballot

Furthermore, this invalid ballot was cast on Friday, April 21, 2023, at 10:35:24 PM EDT which is less than a week after TSA registered.

COUNT II: Griffin

Secondly, the final tabulation counted the ballot of Adam Griffin as valid despite such voter being invalid. Under federal law and the ballot instructions:

2. You are eligible to vote in this election if you have made 8 posts on the Atlas Forum in the past 8 weeks, have registered as a voter with the Registrar General more than 7 days before the start of the election, and have not had your voting rights stripped as a result of deregistration or a court verdict.

To be valid a voter would have had to have been validly and properly registered more than 7 days prior to April 21, 2023, the beginning of the election. Adam Griffin however registered on April 19, 2023, which is less than the 7 days required by law.

Adam Griffin
Labor
Michigan

Therefore the ballot of Adam Griffin is invalid and should not have been included in the final tabulation. Prior to his registration on April 20, Adam Griffin was listed as being a resident of Scotland, which is not a State in Atlasia. Thus, his registration in Michigan on April 20 was a new registration and must have been made 7 days prior to April 21, 2023 to be valid for the April election. Adam Griffin was aware of his invalid registration and knowingly refused to address it until mere hours before the election and has only himself to blame:

Given the president's EO protecting our residency rights for the foreseeable future and its specific clauses, I can say definitely that I will not be moving until I am forced to do so, and as such (for the next few months at least), this ridiculous amendment will not go into effect. Feel free to play in the UK!

As the UK is NOT a State in Atlasia, Adam Griffin was not validly registered. Clearly he knew this given his last minute attempt to fix the issue by moving to Michigan. Had he done so 7 days prior to the beginning of the election his ballot would be valid, however he waited, deliberately, for almost 2 months.

Therefore the ballot of Adam Griffin is invalid and should not have been included in the final tabulation.

Invalid Ballot

COUNT III: thumb21

Thirdly, the final tabulation counted the ballot of Thumb21 as valid despite such voter being invalid. Under federal law and the ballot instructions:

2. You are eligible to vote in this election if you have made 8 posts on the Atlas Forum in the past 8 weeks, have registered as a voter with the Registrar General more than 7 days before the start of the election, and have not had your voting rights stripped as a result of deregistration or a court verdict.

To be valid a voter would have had to have been validly and properly registered more than 7 days prior to April 21, 2023, the beginning of the election. Thumb21 however registered on April 19, 2023, which is less than the 7 days required by law.

Thumb21
Peace
North Carolina

Therefore the ballot of Thumb21 is invalid and should not have been included in the final tabulation. Prior to his registration on April 19, Thumb21 was listed as being a resident of Wales, which is not a State in Atlasia. Thus, his registration in North Carolina on April 19 was a new registration and must have been made 7 days prior to April 21, 2023 to be valid for the April election. Thumb21 was aware of his invalid registration and knowingly refused to address it until mere days before the election and has only himself to blame.

As the UK is NOT a State in Atlasia, Thumb21 was not validly registered. Clearly he knew this given his last minute attempt to fix the issue by moving to North Carolina. Had he done so 7 days prior to the beginning of the election his ballot would be valid, however he waited for almost 2 months.

Therefore the ballot of Thumb21 is invalid and should not have been included in the final tabulation.

Invalid Ballot

REQUESTED RELIEF

Therefore, I hereby petition this court to grant the relief requested and require a retabulation of the vote excluding any ballots found to be invalid.

Thank you.

-reagente, on behalf of OSR

[OSR stands with Israel]

Confirming Reagente as my lawyer in this case

[Sestak]

This has been seen.

[Attorney General & PPT Dwarven Dragon]

Amicus filing:

I concur with the Plantiff on count 1.

I urge the Court to dismiss counts 2 and 3 in light of the former president's executive order:

https://talkelections.org/FORUM/index.php?topic=513424.msg8972751#msg8972751

The executive order provides permanent ability for anyone to vote and maintain atlasian citizenship based off UK citizenship and lasts until all such citizens have moved. To this day, Pink Panther is still registered in Scotland. Thus, Griffin's and Thumb's moves should be recongized as moves within the same region and thus they do not effect eligibility.

Further, if the court elects to take counts 2 and 3 despite this, I must urge it to apply any standard equally and thus also discard the ballot of Pink Panther, who per the census of April 19th remains registered in Scotland yet was counted in the final tally of votes: https://docs.google.com/spreadsheets/d/1kPKaFpOp97nfZ-HqP10e12EQ5QGWIyAZcIewBGRtens/edit#gid=1621482744

[OriAr]

Amicus Brief

On February 8, 2023 the Senate of Atlasia repealed the purported allowance of foreigners living in the U.K. to vote in Atlasian elections despite not being domiciled in Atlasia.

Treaty Amendment ratified on February 8, 2023

As this repeal was to something previously passed by the Senate, this is clearly a lawful exercise of the Senate's power.

Further, this law was never vetoed by the President. Accordingly, after 10 days, it came into effect on February 18, 2023. At such time, foreigners residing in the U.K. no longer were eligible to vote in Atlasian elections. Rather, foreigners would have to move to Atlasia and thus become citizens if they wished to vote in Atlasian elections.

In game, asking for such a move to occur creates no burden. Unlike on real life, there are no moving costs, no citizenship test, no waiting list, and no prolonged wait. In fact, in order to become a citizen in Atlasia, one need only register and "move" to a State within Atlasia.

Yet for more than a month, multiple foreign persons who were not residents of any State in Atlasia knowingly and deliberately refused to register within Atlasia. Thus, they were not eligible to vote by law until such time as they moved to Atlasia. Such persons have no one to blame but themselves for waiting 60 days from the date the law took effect to spend the 10 seconds it takes to register. Written notice was provided to them months ago and they voluntarily chose to ignore the law.

Amici references some Executive Order he purports to magically suspend the law, however such power does not lie with the President. The law was neither signed nor vetoed by the Predident, therefore the law took effect immediately 10 days from February 8th.

There was nothing in the law or the Constitution that allowed the President to arbitrarily extended the effective date of a law at all, let alone forever. Any Executive Order purporting to suspend the applicability of a law is a legislative act that lies with the Senate, not the President. Therefore, any purported Executive Order is unconstitutional and void ab initio.

If the President really wanted to delay implementation he had the power to veto and the power to submit a redraft to the Senate for subsequent ratification. The President elected to do neither. Therefore the law passed as drafted 10 days from the date it was passed, February 18, 2023.

I therefore submit that Counts 2 and 3 in plaintiff's lawsuit are valid and that the requested relief be granted.

Thank you.

- OriAr, Chief Counsel of Atlasias Against Election Fraud

[windjammer]

This has been seen

[Adam Griffin]

Also I'm pretty sure "automatically moving people" might be a constitutional violation of some sort.

EXECUTIVE ORDER
To protect the welfare and inviolate rights of players to participate in the game

1. The Office of the President, the State Department, and the Census Bureau shall notify Atlasian citizens residing in the United Kingdom and Gibraltar by public post, or announcement through the relevant channels, of the pending amendment to the Atlasian–British Common Market Agreement (ABMCA) and the present danger of deregistration or loss of other constitutional rights resulting from such.

2. Implementation of the amendment to the ABCMA by the above offices and any relevant subordinate offices and departments shall be delayed until after all affected citizens have moved to another Atlasian state and region of their choosing.


Joseph Cao, President of the Republic of Atlasia

Given precedent in this court of moving people from one "label" to another being found unconstitutional and given precedent of such being unconstitutional under any circumstances sans an actual amendment to the Constitution, this is clear and simple.

I am a lawful citizen of Atlasia, the Lincoln Region and the Great Lakes subregion - as I have been in all of these cases for many years. President Cao's EO remains the law of the land in any and all of its enforcement mechanisms. Unless SCOA is ready and willing to not only reverse years of precedent, but also throw out my entire tenure as Lincoln Governor (interesting how nobody spoke up then!), void my election as Senator (I'm sure that case will be forthcoming!) and invalidate additional votes because - once again - certain people are mad they didn't allocate their preferences properly, the cases against thumb21 and I (at minimum) should be summarily dismissed.

[Sestak]

COMPUTER89, Petitioner

V.

Department of Federal Elections


The case Is granted and set for argument.

The Plaintiff has until midnight eastern on Wednesday, the 26th, to file their brief. The Respondent has until midnight eastern on Thursday, the 27th, to file their reply brief.

Following receipt of the briefs, the floor shall be open to questions from the justices until Tuesday, the 2nd of May.

It is hereby ORDERED that the certification of the election dated the 25th of April is temporarily suspended and carries no force of law. This injunction shall remain in place until dispensation of this case and any other timely litigation concerning this certification, or until otherwise amended by this Court.

[windjammer]

Reagente,
Could you please provide to us the hyperlink of the full text of the law you're referring to?

Thank you very much,
WJ

[reagente]

Reagente,
Could you please provide to us the hyperlink of the full text of the law you're referring to?

Thank you very much,
WJ

Law regarding the 7 day registration period

Law (treaty) establishing that UK residents can no longer vote in Atlasia elections

[reagente]

Brief from the Petitioner:

Count 1

We believe this count is evident on its face without need for much additional argument.

The Shadow Abyss (TSA) was not a registered voter in Atlasia prior to April 15, 2023. As a matter of law, in order to be a valid voter in an Atlasia election, a person must have been registered as a voter with the Registrar General more than 7 days before the start of the election. As a matter of fact, TSA registered as a voter in Atlasia on April 15, 2023. As a matter of fact, April 15, 2023 is less than 7 days from April 21, 2023. Thus it is indisputably true that as a matter of fact and law that TSA was not a valid voter eligible to cast a ballot in the April 2023 at large Senate elections.

Despite this, TSA cast a ballot, and this ballot, despite being ineligible to be counted, was counted and included in the final tabulation provided by the Federal Department of Elections. This was likely an unintentional error on the part of the Department, however given the closeness of the election, this 1 error would have changed the outcome. We thus ask for TSA's ballot to be excluded from the final tabulation as it is invalid as a matter or law.

Exhibit A - Tabulation without TSA's vote:
   


Counts 2 and 3.

As shown in the original petition, Adam Griffin moved to Michigan in Lincoln and Thumb21 moved to North Carolina in the South, on April 20, 2023 and April 19 2023 respectively. This was less than 7 days prior to the start of the election which began on April 21st. Accordingly, neither were valid voters for the April election, and thus, as argued in Count 1, their ballots in this election should not be counted in the final tabulation.

Amici claim that Adam Griffin and Thumb21 were merely moving within their respective Regions and not newly registering and thus should not be bound by the law requiring registration at least 7 days prior to the election, however this argument is incorrect.

According to the Atlasian constitution:

Section 1. All persons born or naturalized in the Republic of Atlasia, and subject to the jurisdiction thereof, are citizens of the Republic of Atlasia and of the Region in which they reside, and shall in all cases be afforded equal protection under the law.

Adam Griffin moved to Michigan in Lincoln and Thumb21 moved to North Carolina in the South, on April 20, 2023 and April 19 2023 respectively. Prior to such date, each of them had physical presence and an intent to indefinitely remain in the United Kingdom, and therefore their respective domiciles were in the United Kingdom as a matter of law. See NotMadigan v. Louisville Thunder (2019).

While we do not dispute that at this time both Adam Griffin and Thumb21 are now citizens of Atlasia and their respective Regions of choice, this was not the case until such time as both moved to Michigan and North Carolina respectively with the intent to remain indefinitely. Without such intent and without the requisite physical presence necessary to ratify this intent, the law commands that we must consider the last place in which each person physically resided with the intent to indefinitely remain as their legal domicile. In both cases, this was the United Kingdom, which is a foreign country not subject to the jurisdiction of Atlasia.

Accordingly, since both persons were not living in Atlasia, or any State therein, and hadnt been for years, it is clear that when Adam Griffin registered in Michigan and Thumb21 registered in North Carolina, these were new registrations, and thus needed to have been made prior to 7 days before April 21, 2023.

Amici purport that an Executive Order issued by former President Cao somehow makes them validly registered in Atlasia by fiat despite being legally domiciled in a foreign country, however this argument does not hold. Prior to February 2023, federal law allowed persons domiciled in the United Kingdom could vote in Atlasian elections. That law however was lawfully repealed by the Senate on February 8, 2023 and became effective February 18, 2023.

This law did not contain a delayed effective date nor did it include any clause giving the President the power to delay its effective date. Despite this, the former President opted to allow the repeal to become law as presented. He did not veto the law as was in his power. He did not submit a redraft adding in a delayed effective date for subsequent ratification by the Senate. Instead he allowed it to become law after 10 days. The former President did issue an Executive Order purporting to delay the effective date to give the very few persons affected a chance to move to Atlasia, however such Order is not a valid exercise of executive power, especially in light of the amici's argument that this delay was infinite in duration.

Under the Atlasian constitution legislative power is vested in the Senate and executive power is vested in the President. In claiming the power to, as argued, indefinitely delay the implementation of a law passed by the Senate, the former President has exercised legislative, not executive power. This violates the separation of powers in the Constitution and renders the Order null and void. Accordingly, the Executive Order that amici reference does not allow foreign residents domiciled in foreign countries to vote in Atlasian elections.

Nor are Adam Griffin or Thumb21 completely innocent in this matter. Moving in game does not create an undue burden nor does it require more than 10 seconds worth of time, as argued in OriAr's amicus. As shown in our Petition, Adam Griffin expressly posted that he had no intent to move to Atlasia almost 2 months prior to the election. Thumb21's posts in the Atlas census thread also indicates that he had actual notice.


That Adam and Thumb21 did ultimately move does not excuse the fact that both waited months to do so, and only did so 2 hours and 1 day respectively before the election. Had they done so even 8 days prior to the election, this would not have been an issue needing the time of the Court. But they didn't. They waited 61 and 60 days from the date the law took effect. Under the doctrine of unclean hands, justice would certainly not be served by rewarding that behavior.

Accordingly, since neither Adam Griffin nor Thumb21 were registered voters in any State in Atlasia for at least 7 days prior to April 21, 2023, neither satisfied the legal requirements to be a valid voter and thus neither were ineligible to vote in the April elections as a matter or law. Given that both had actual knowledge of this fact and ample time to correct such issue prior to the election and yet voluntarily chose not to, neither has been denied due process, neither of their ballots were valid, and neither have anyone to blame but themselves. We thus ask for both ballots to be excluded from the final tabulation as both are invalid as a matter or law.

Exhibit B - Tabulation without TSA, Adam, or Thumb21:



Conclusion.

Petitioner therefore requests the following relief:

1. That the invalid ballot of TSA be excluded from the final certified election tabulation.

2. That the invalid ballot of Adam Griffin be excluded from the final certified election tabulation.

3. That the invalid ballot of Thumb21 be excluded from the final certified election tabulation.

4. That the election results for the April 2023 At Large Senate election be retabulated with all ineligible ballots excluded.

Thank you.

[LAKISYLVANIA]

Amicus filing

To the Honorable Justices.

I am writing this amicus filing on behalf of the sponsors of the act that repealed the Atlasian–British Common Market Agreement (ABMCA) and the resultant implications on the eligibility of some voters registered in the UK.

We acknowledge that the repeal of the ABMCA had unintended consequences on the eligibility of some Atlasian citizens registered in the United Kingdom. As a result, we want to clarify our position and address the issue at hand.

Our intention with the repeal of the ABMCA was not to make it difficult for Atlasian citizens residing in the UK to register to vote in Atlasia. Instead, it was meant to deal with unlawfully registered people outside our country and to get proper jurisdictional boundaries.

We did not foresee that this would have an impact on the eligibility of some Atlasian citizens registered in the UK. However, we acknowledge the validity of the concerns raised in Count 2 and Count 3 regarding the eligibility of Adam Griffin and Thumb21, respectively.

We want to bring to the attention of this court that the Office of the President, the State Department, and the Census Bureau have since notified Atlasian citizens residing in the United Kingdom and Gibraltar of the pending amendment to the ABMCA and the present danger of deregistration or loss of other constitutional rights resulting from such. Furthermore, implementation of the amendment to the ABCMA has been delayed until after all affected citizens have moved to another Atlasian state and region of their choosing.

Furthermore, there is precedent that voters who move from one state to another within the same subregion shall have their votes considered valid. While this may not directly apply to the individuals in question, it does demonstrate the importance of maintaining consistent and fair standards for voter eligibility.

We urge this court to take into consideration our efforts to rectify the unintended consequences of the repeal of the ABMCA and to consider the fact that the issue has been addressed by the relevant authorities. We request that the court takes a lenient stance in the case of Adam Griffin and Thumb21 and allow their votes to be counted in the final tabulation.

Thank you for your attention to this matter.

Respectfully submitted,
Senator Laki

[𝕭𝖆𝖕𝖙𝖎𝖘𝖙𝖆 𝕸𝖎𝖓𝖔𝖑𝖆]

Re: Count II and III

The position of the Department of Federal Elections is the same as that of the Census Bureau:

The Census Bureau has been operating under the belief that the UK ABCMA Amendment has not taken effect as it has not been signed by the President, and therefore has continued to count Atlasian citizens residing in the UK.

[𝕭𝖆𝖕𝖙𝖎𝖘𝖙𝖆 𝕸𝖎𝖓𝖔𝖑𝖆]

A separate point on my tabulation - I counted Cokeland Saxton's vote as invalid but applying the Ballot Chicanery Amendment (which was not law previously but was approved by referendum at the same time as the Senate election) his first ballot should be valid. I think common sense goes against retroactivity but I am interested to see if there are conflicting perspectives on this.

[LAKISYLVANIA]

A separate point on my tabulation - I counted Cokeland Saxton's vote as invalid but applying the Ballot Chicanery Amendment (which was not law previously but was approved by referendum at the same time as the Senate election) his first ballot should be valid. I think common sense goes against retroactivity but I am interested to see if there are conflicting perspectives on this.

Amicus filing

Given that the Ballot Chicanery Amendment was not in effect at the time of the recent election, there is some debate about its applicability to the case of Cokeland Saxton's vote. Some have suggested that the amendment should be retroactively applied to validate Saxton's vote, but we believe that this is not possible. The amendment was voted on during the election as an amendment, passed in the Senate after the election was over, and signed into law by the President after the election had ended. Therefore, as the amendment did not exist at the time of the election, it cannot be retroactively applied to alter the outcome of the election.

[𝕭𝖆𝖕𝖙𝖎𝖘𝖙𝖆 𝕸𝖎𝖓𝖔𝖑𝖆]

Additionally, I concur with Dwarven Dragon in that it would be unreasonable to consider Adam Griffin's and thumb21's votes invalid but Pink Panther's vote valid, since the latter never changed his registration from the United Kingdom.

[LAKISYLVANIA]

Amicus filing

The undersigned, taking a neutral stance, submits this amicus filing regarding the validity status of certain ballots cast in multi-state elections held since the ratification of the Inter-State Treaty on Voting Rights on February 8.

Specifically, the undersigned would like to address the validity of the ballots cast by Adam Griffin, Thumb21, and Pink Panther, given the treaty's ratification and the numerous elections held since then, including the February elections for president and at-large senate, regional elections in Lincoln, two special elections in Lincoln for the General Court, a special election for governor, and, in the case of Thumb21, a number of special elections for southern referendums.

If these ballots are deemed invalid, it would have significant consequences for the prior elections in which they were cast. As a result, it is essential that their status be determined as soon as possible. If the ballots are found to be invalid, then the results of the prior elections in which they were cast must be recalculated. This could impact the results of several recent elections, including the Lincoln General Court election in April and the Governor's election in Lincoln in April.

Therefore, the undersigned respectfully requests that the court consider the validity of these ballots and take all necessary steps to ensure that the will of the people is properly reflected in the results of these important multi-state elections.

Additionally, the undersigned requests that until a decision has been made regarding the validity of these ballots, the certification of the Lincoln April elections be suspended until the dispensation of this case, given the precedent was set for the April Federal elections.

We are talking about the following ballots cast

Pink Panther:

April 2023 Lincoln Elections and Referenda

Lincoln March 2023 Special Elections II and Referendum

Lincoln March 2023 Special Elections I and Referenda

February 2023 Lincoln Elections and Referendum

February 2023 Federal Election

Thumb21

March 2023 - Southern Regional Elections (Federal and Regional Amendments)

February 2023 Southern Regional Senate Election and Federal Constitutional Amendment

February 2023 Federal Election

Adam Griffin:

April 2023 Lincoln Elections and Referenda

Lincoln March 2023 Special Elections II and Referendum

Lincoln March 2023 Special Elections I and Referenda

February 2023 Lincoln Elections and Referendum

February 2023 Federal Election

Respectfully submitted,
Lakigigar

[Attorney General & PPT Dwarven Dragon]

Amicus Filing

As the Lincoln Elections Administrator, I strongly disagree with this reckless filing to call into question past election results. Correct or not, Lincoln has been relying on such election results to function as a society and pass legislation. To invalidate past election results would cause disruption in understanding of what is law and what is not and encourage anarchy in the region. This effect would be magnified if past federal elections were also thrown out. Further, no candidate sued at the time any of these elections were held, and at this point, a reasonable time to sue has long since expired.

I also submit it is not necessary to enjoin the most recent Lincoln certification as no results would change. TSA was already ruled invalid for the Lincoln count, and Thumb is in the South, so only count 2 and Pink Panther would need to be addressed. All affected votes were cast in the Great Lakes where Utah Neolib won by a wide margin. Further, Oleg won by more than a margin of 2, so removing the votes of Pink Panther and Adam Griffin would not change the outcome. Further, all three ballot questions passed overwhelmingly. Further, a retabulation of the Lincoln General Court results without Griffin or Pink Panther does not change the outcome:

WB 14 (ELECTED)
S019 12 (ELECTED)
Christian Man 10 (ELECTED)
NYE 7
Dwarven 6
Fairbol 3
Zinneke 2

WB Transfer:
Fairbol /////
Zinneke //
Dwarven ////
NYE ///

S019 Transfer:
Ex ///// /
Fairbol ///
NYE /
Zinneke /
Dwarven /

NYE 8.02
Dwarven 7.31
Fairbol 4.93
Zinneke 2.74 (ELIMINATED)

Dwarven 8.31 (ELECTED)
NYE 8.02 (ELECTED)
Fairbol 4.93
(untransferred Zinneke .74)

For all these reasons, and particularly in light of the fact that the LGC and Governor have already taken office, No Lincoln election should be thrown out or called into question, and no pre-April federal election should either.

[FairBol]

Amicus Brief/Brief

Mr. FAIRBOL, acting as counsel for POIROT, a citizen of Atlasia and interested party to the case, files this brief. 

Arguments are as follows:


I. VALIDITY OF AMENDMENT

Quoting the brief to this Court by OriAr:

"On February 8, 2023 the Senate of Atlasia repealed the purported allowance of foreigners living in the U.K. to vote in Atlasian elections despite not being domiciled in Atlasia.

This law was never vetoed by the President. Accordingly, after 10 days, it came into effect on February 18, 2023. At such time, foreigners residing in the U.K. no longer were eligible to vote in Atlasian elections”.

To this, I present a question as to the powers of the Atlasian Senate; specifically, at what time does a session of that body expire? RL precedent holds that expiration to be upon the start of elections for the next term of office, whether the body is officially adjourned ("sine die") or not.

This question is relevant because of the definition of the term “pocket veto”.

According to Wikipedia, “a pocket veto occurs when a bill fails to become law because the president does not sign it within the ten-day period and cannot return the bill to Congress because Congress is no longer in session”.

Thus, the timing of the amendment’s effective passage becomes an issue.  Petitioner asserts that such passage was achieved on February 18.

Be that as it may, this is after the beginning of the February 2023 Federal Election for Senate and other offices, which opened at 1 AM Eastern Time the previous day.

If previous precedent on the matter is correct, then it must be held that the Senate was not in a valid session at the time of the bill’s claimed passage.  This would result in a pocket veto towards the same.

In the event of such a veto, the votes of Mr. Griffin and Mr. Thumb must be regarded as valid.

Counsel submits that this is indeed the case, and as such, the certification of the vote should be allowed to stand.

(Pocket Veto information: https://en.wikipedia.org/wiki/Pocket_veto#United_States)

[OriAr]

Amicus Brief in reply to Amici Fairbol



Thank you.

- OriAr, Chief Counsel of Atlasias Against Election Fraud

[LAKISYLVANIA]

Amicus filing:

The undersigned submits this amicus filing regarding the legal status of laws passed during the tenure of Governor Adam Griffin in Lincoln, as well as his eligibility to hold the office of governor under the Lincoln Constitution.

Article II, Section 1 of the Lincoln Constitution vests the executive power in the Governor of Lincoln. However, Section 2 provides that no person shall be Governor who is not a registered voter of the region or who has been a citizen thereof for fewer than 720 hours.

Additionally, Article V, Section 1 of the same Constitution provides that the right to vote in all elections and referendums called according to the provisions of the Constitution shall be exclusive to those persons being eligible to vote in elections for President of the Republic of Atlasia who have been registered to vote in one of the states of the region for a period of at least 168 hours prior to the commencement of the election.

(...)

ARTICLE II
The Executive Power.
Section 1. The executive power shall be vested in the Governor of Lincoln.
Section 2. The Governor shall be elected every fourth month by the entire body of eligible voters. No person shall be Governor who is not a registered voter of this Region, nor who has been a citizen thereof for fewer than 720 hours.

ARTICLE V.
Elections.
Section 1. The right to vote in all elections and referendums called according to the provisions of this Constitution shall be exclusive to those persons being eligible to vote in elections for President of the Republic of Atlasia who have been registered to vote in one of the states of this Region for a period of at least 168 hours prior to the commencement of the election.

The eligibility of Adam Griffin to be Governor of Lincoln is under doubt because at the time he was elected, he was registered in Scotland, and was aware that he could not legally be elected as he did not move back to a state in Lincoln. Additionally, during his tenure as governor of Lincoln, he remained registered in Scotland.

Furthermore, it is unclear whether the laws passed during Griffin's tenure as governor of Lincoln are legally valid given the questions surrounding his eligibility to hold the position.

While President Cao of the Federal Republic of Atlasia has issued an Executive Order protecting the citizens that were registered in Scotland and would lose their rights as a consequence of the ABMCA Amendment, it is unclear whether this order is applicable in the case of Griffin's governorship. This uncertainty arises due to the lack of an executive order dealing with the matter in Lincoln, or by the Governor of Lincoln specifically, and in this case, it might not apply to the region of Lincoln

It is in the best interest of the people of Lincoln that the legality of Griffin's tenure as governor and the laws being passed during his tenure be clarified. This will prevent future lawsuit cases and ensure that the will of the people is properly reflected in the results of the election. As a result, the undersigned respectfully requests that the court deal with the matter promptly and reach a decision on the legality of Griffin's tenure as governor and the laws being passed during his tenure.

Furthermore, until a conclusion is reached on this matter, the undersigned respectfully requests that the laws signed by Governor Griffin be suspended to prevent any further legal ambiguity or confusion.

The folllowing laws were signed during the tenure of Adam Griffin as governor:

Reaffirming Commitment to the Republic

Better Business Practices Act

Maximum Wage Law

Places to Live, Not Places to Park Act

Congratulating the University of Connecticut

Don't Encourage Drug Use Act

Modern Response Act

Respectfully submitted,
Lakigigar

[Attorney General & PPT Dwarven Dragon]

I concur with the above brief in relation to the Better Business Practices Act and the Don't Encourage Drug Use Act, which involved concrete gubernatorial action to ensure passage. The remainder of the bills were passed without fanfare, and would be law via inaction by now, and therefore should not be suspended.

[Continential]

Amicus briefing coming later, will post this as a placeholder.

[ilikeverin]

I don't ever remember having this many friends! Do we have something formal from our respondent? I have questions but would like to hear from both sides.

[Continential]

I spent 30 minutes working on my brief before the internet stopped working for a minute so I give up - so withdraw my brief unless I get the energy to start working on this again.