LGC 13.17 - Amendment to Limit Powers of Acting Public Officials - Failed

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Amendment

To Limit Powers Of Acting Public Officials

The Constitution of Lincoln shall be amended as follows:

...

 4. Should the governor vacate their office either by their death, removal, forfeiture, or resignation, then the speaker of the General Court, or if there be no speaker the deputy with the longest continuous service, shall act as governor until a successor may be elected. If there is neither a speaker nor any deputies of the General Court, then the powers and duties of the governor shall devolve upon the associate justice of the circuit court, or if there be none such officer as the president of Atlasia may appoint from among the citizens of Lincoln, until a successor may be elected. The acting governor need not shall vacate their seat in the General Court, but they shall have no vote in its proceedings so long as they continue to exercise the powers of the governor.

5. The acting governor shall have limited executive powers for the duration of their term. The acting governor may not sponsor legislation without a co-sponsor. The acting governor shall not have the power to cast a tie-breaking vote in the General Court, unless a motion to allow a tie-breaking vote is supported by two-thirds of all sitting deputies, not including the acting governor. In the event a tie-breaking motion does not pass, or results in a tie, the bill shall be tabled. The acting governor shall not have the power to appoint replacement deputies to General Court vacancies. All pardons, reprieves, and executive orders issued by the acting governor must obtain the support of the General Court in a majority vote, not including the acting governor.

6. A special election for Governor shall begin on the Friday following the creation of the vacancy of that office; but if the vacancy shall occur on a Wednesday or Thursday, the special election shall begin on the second Friday following the creation of the vacancy; but if this would make such election concurrent with or later than the next regular election, the special shall be cancelled and the acting official will serve the rest of the term.

Sponsor: Pyro
Occupying: Slot 2 of 10

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

I'll be opposing this amendment, which amounts to a blatant power grab by a disgruntled political faction. To take away the power to propose legislation from a duly elected member of the LGC, based on them taking an office that they are required to take in this situation, is truly beyond the pale. To kneecap legislation that would normally enjoy the LGC's majority support, if not for the quirk of the nature of having an acting governor at a given time, is similarly beyond the pale. Further, the provisions mostly eliminating the various other powers of an acting governor leave the region ill-prepared to respond to a crisis. While this may work fine assuming the LGC is mostly constituted, Section 4 also contemplates a situation where an acting governor is appointed by the Preisdent as a result of an event eliminating the governor and all deputies of the LGC. If this were to happen, then under this amendment, the region would operate in total anarchy for weeks with an acting governor who has no actual power. One could imagine all sorts of ways a YT type character could take advantage of this situation.

Further, I am not naive of the reasons why this is coming up. Let's be clear. All I acheived during my so-called "reign" was:

1. Made two appointments to the LGC, which despite fanfare, were both later confirmed in special elections.

2. Reinstated a CRT ban that had previously been approved by a Labor Governor.

3. Issued a series of minor executive orders and non-binding censures.


There's no need for this blatant and dangerous tantrum. I urge all deputies to vote No.

[NewYorkExpress]

I also cannot support this. The current system is fine and there is no need to change it, just because Labor is no longer in complete control of Lincoln.

[Pyro]

Thank you, Mr. Speaker. This proposal is designed to ensure that acting governors have limited powers, seeing as their ascension to that office is not one granted or consented to by the voters. As such, this would ensure that the Lincoln General Court will operate democratically in that brief period in which the governor's office is officially vacant. Non-elected acting governors, in my view, should not have the extensive authority to cast essential tie-breaking votes nor appoint individuals to vacancies. Likewise, the use of pardoning should be approved by the LGC when such pardons are issued by a temporary, acting official.

Recent events have proven the risks posed by having an unchecked acting governor. I believe that by enacting these common sense reforms, or, in the very least allowing this proposal to be judged by the voters, we will guarantee a more democratic legislature.

[Pyro]

To take away the power to propose legislation from a duly elected member of the LGC, based on them taking an office that they are required to take in this situation, is truly beyond the pale.

Governors require a sponsor. Acting governors should also require a sponsor.

To kneecap legislation that would normally enjoy the LGC's majority support, if not for the quirk of the nature of having an acting governor at a given time, is similarly beyond the pale.

Tie-breaking votes do, by definition, mean the legislation did not enjoy majority support.

Further, the provisions mostly eliminating the various other powers of an acting governor leave the region ill-prepared to respond to a crisis.

Requesting that a non-elected official receive support from the elected LGC is good, actually.

While this may work fine assuming the LGC is mostly constituted, Section 4 also contemplates a situation where an acting governor is appointed by the Preisdent as a result of an event eliminating the governor and all deputies of the LGC. If this were to happen, then under this amendment, the region would operate in total anarchy for weeks with an acting governor who has no actual power.

Noted - I will amend this.

[Pyro]

I propose the following amendment:

Amendment

To Limit Powers Of Acting Public Officials

The Constitution of Lincoln shall be amended as follows:

...

 4. Should the governor vacate their office either by their death, removal, forfeiture, or resignation, then the speaker of the General Court, or if there be no speaker the deputy with the longest continuous service, shall act as governor until a successor may be elected. If there is neither a speaker nor any deputies of the General Court, then the powers and duties of the governor shall devolve upon the associate justice of the circuit court, or if there be none such officer as the president of Atlasia may appoint from among the citizens of Lincoln, until a successor may be elected. The acting governor need not shall vacate their seat in the General Court, but they shall have no vote in its proceedings so long as they continue to exercise the powers of the governor.

5. The acting governor shall have limited executive powers for the duration of their term. The acting governor may not sponsor legislation without a co-sponsor. The acting governor shall not have the power to cast a tie-breaking vote in the General Court, unless a motion to allow a tie-breaking vote is supported by two-thirds of all sitting deputies, not including the acting governor. In the event a tie-breaking motion does not pass, or results in a tie, the bill shall be tabled. The acting governor shall not have the power to appoint replacement deputies to General Court vacancies. All pardons, reprieves, and executive orders issued by the acting governor must obtain the support of the General Court in a majority vote, not including the acting governor.
a. The above shall not apply should there be no deputies of the General Court.

6. A special election for Governor shall begin on the Friday following the creation of the vacancy of that office; but if the vacancy shall occur on a Wednesday or Thursday, the special election shall begin on the second Friday following the creation of the vacancy; but if this would make such election concurrent with or later than the next regular election, the special shall be cancelled and the acting official will serve the rest of the term.

[GM Team Member and Senator WB]

I'm ok with this. I'd feel more sympathetic to wulfric had one of his appointments not had an explicitly political purpose. But, in the appointment post, he made it clear it was for political reasons.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

No objection to the amendment, although I remain opposed to this legislation as a whole.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

I'm ok with this. I'd feel more sympathetic to wulfric had one of his appointments not had an explicitly political purpose. But, in the appointment post, he made it clear it was for political reasons.

I could perhaps understand more if that appointment had resulted in anything concrete, but in the end, it did not. And it was confirmed by the populace.

[Oleg 🇰🇿🤝🇺🇦]

I've been wanting to come up with an act that could limit the power of the governor and the acting governor to prevent separatism and/or dictatorship or just total slot-filling by the governor, but at the same time leave the governor the right to turn the region away from the reefs if the crew decides not to notice the reefs. Luckily, we currently have a very competent crew who successfully solve problems, but nothing lasts forever.

[Pyro]

I motion for a final vote.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

A vote on this is beginning

Nay

[NewYorkExpress]

Abstain

[GM Team Member and Senator WB]

Aye

[Pyro]

Aye

[S019]

Nay, I would support this if the acting Governor was given the power to break ties.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

The Vote is 2-2-1, however amendments require the affirmative vote of 2/3 of all sitting deputies. Therefore, the amendment fails.