Mideast Assembly Thread

[Queen Mum Inks.LWC]

Section 1: Votes
8. The form of the vote (e.g. via approval voting, via preferential voting, via aye/nay/abstain) for Propositions and Initiatives on Statute shall be determined by the author of the Proposition or Initiative and shall be unambiguously stated with the initial proposal of the Proposition or Initiative on Statute.

How can a prop/Iniative be preferential?  Also, we don't have  authors of propositions.  The Governor calls for propositions if he wants after they fail/pass the Assembly.  I say just make it aye/nay/abstain like clause 9.


That's all I have time for now - I'll look at the rest tomorrow.

[Purple State]

Fixed that by consolidating it with Clause 9. It would be great if you could all review it. It is probably the largest, but most important piece of legislation we can pass to just clarify everything about elections and the functioning of the Mideast.

[afleitch]

I have an issue with Section 1:2 as it copies the language of the current preferential voting system which is legally shaky (but has not yet been tested). Was something not drafted to replace that?

[Queen Mum Inks.LWC]

Section 4: Tied Run-off Elections
2. If the race shall be for the Assembly, the Governor shall have the power to break the tie.

I have a problem with this.  It gives the Governor 2 votes.  Simply run the election again, in my opinion.  Eventually somebody will be pursuaded to come and vote who didn't before or someone will fail to vote.

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This needs the part about and  00:01 on the Friday thereafter (or whatever it says).

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Are you trying saying that people cand declare any time before it begins?  Because the way it stand now, it would be interpretted that the Governor (as administrator of elections) could set down the deadline "any time  before the opening of the Voting Booth"

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This is unnecessary, but I don't care if it's left in.  Just pointing out that it's unnecessary.

[Queen Mum Inks.LWC]

Section 7: Administration of Voting Booths

1. Whenever possible, the Governor shall be the administrator of the voting booth. If he shall be absent or unable to administer the voting booth, then the Assembly shall designate a member of its own to do so instead.

As it stands now, this is unconstitutional.  And if the proposed Constitution passes, this would also be unconstitutional.  That duty falls on the Lt. Governor (or if the 3C passes, the SotA).

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We don't have a provision for Initiatives in the Constitutio or proposed 3C.  Which reminds me that Peter's 3C proposal doesn't either and I need to bring that up in the convention thread.

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For the record, this would only matter if the 3C passes; however, I think this is something that should be in the Constitution, not a statute, as it deals directly with Gubernatorial powers.

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Superior Court only has precedent over Gubernatorial elections (should be changed to regional) - so this doesn't make sense Constitutionally.

[Purple State]

Inks, your first edits have been noted and implemented. I will look over the others now.

I have an issue with Section 1:2 as it copies the language of the current preferential voting system which is legally shaky (but has not yet been tested). Was something not drafted to replace that?

Afleitch, what would you propose? What is the legal problem with the preferential voting system as such?

[Purple State]

I changed Section 7.

I will leave Section 8 in case we ever need to address initiatives at least it is in statute.

Section 9, Clause 6 I will leave because we should compile as much information as we can in one place. Why doesn't it matter unless we pass 3C?

Section 12 would make sense if a federal law is broken in the course of an election. Is that wrong?

[Queen Mum Inks.LWC]

I changed Section 7.

I will leave Section 8 in case we ever need to address initiatives at least it is in statute.

Section 9, Clause 6 I will leave because we should compile as much information as we can in one place. Why doesn't it matter unless we pass 3C?

Section 12 would make sense if a federal law is broken in the course of an election. Is that wrong?

Section 9 only matters if 3C passes because as of now, the Governor doesn't have veto power.

As for Section 12, Federal Constitution states that the Supreme Court handles cases of federal law being broken.  Superior Court would never handle it, so we wouldn't have a say over appeals.

[Purple State]

I changed Section 7.

I will leave Section 8 in case we ever need to address initiatives at least it is in statute.

Section 9, Clause 6 I will leave because we should compile as much information as we can in one place. Why doesn't it matter unless we pass 3C?

Section 12 would make sense if a federal law is broken in the course of an election. Is that wrong?

Section 9 only matters if 3C passes because as of now, the Governor doesn't have veto power.

As for Section 12, Federal Constitution states that the Supreme Court handles cases of federal law being broken.  Superior Court would never handle it, so we wouldn't have a say over appeals.

Alright, I will change Section 12. I want to leave anything that addresses 3C in there, that way we don't have a flurry of changes after it passes. I actually am going to place a clause in that causes Section 9, Clause 6 only to go in effect when that power is provided to him by 3C.

Does anyone have any more recommendations?

[Purple State]

So, for the record, this is what we currently have:

Section 1: Votes

1. In their vote in the Elections for public officers in the Mideast, each voter shall list some, none, or all of the candidates in the voter's order of preference for them.
2. If no indication of preference or preferences are given, then the candidate at the top of the list shall be presumed to be the first preference, the candidate on the second line of the list shall be presumed to be the second preference, and so on.
3. A voter may cast a write-in vote in any election, except a runoff election or a vote for Propositions, Initiatives, Recalls and Constitutional Amendments.
4. In order to write-in a candidate, the voter shall not be required to explicitly specify that his or her vote is for a write-in candidate.
5. In order for write-in votes for a candidate to qualify as countable votes, the person written-in must formally accept the write-in candidacy before the end of voting in the given election.
6. A voter may vote for "None of the Above" in any election in which a write-in is allowed. Any voter who votes for "None of the Above" may do so only as a first preference; any and all lower preferences of the voter shall be ignored.
7. If a voter shall explicitly cast a vote in a race for which they are not qualified to vote, then the vote in that race shall be considered invalid.
8. The form of the vote for all Propositions, Initiatives, Recalls and Constitutional Amendments shall be aye/nay/abstain.


Section 2: Determination of the Winner

1. If any candidate shall gain the greatest number of highest preference votes, then that candidate shall be declared the winner of the election. In Assembly elections, the candidate that receives a plurality of highest preference votes shall be elected to the Assembly. The candidate for the Assembly that receives the greatest number of combined highest preference votes and second preference votes and that has not already been elected to the first seat shall be elected to the Assembly. The candidate for the Assembly that receives the greatest number of combined highest preference votes, second preference votes, and third preference and that has not already been elected to the first two seats votes shall be elected to the Assembly.
2. If two or more candidates are tied in the proper votes needed for election, the following procedure shall be used:
a. If the race shall be for the office of Governor, a run-off election shall be held.
b. If the race shall be for Assembly candidates with the greatest number of highest preference votes, both candidates shall win election to the Assembly. In such a case, the third seat shall be filled by the the candidate for the Assembly that receives the greatest number of combined highest preference votes and second preference votes and that has not already been elected to the first two seats.
c. If the race shall be for Assembly candidates with the greatest number of highest preference and second preference votes and that has not already been elected to the first seat, both candidates shall win election to the Assembly. In such a case, the third seat will have been filled and the candidate with the greatest number of highest preference, second preference, and third preference votes and that has not already been elected to the first three seats shall not be elected.
d. If the race shall be for Assembly candidates with the greatest number of highest preference, second preference, and third preference votes and that has not already been elected to the first two seats or candidates with the great number of highest preference and second preference votes and that has not already been elected to the first two seats, as made possible by Section 2, Clause 2, Sub clause b. of this document, a run-off election shall be held.

Section 3: Run-off Elections

If all remaining candidates shall have the same number of votes for a given position, then the following procedure shall be used to break the tie:

1. Run-off elections shall begin between midnight Eastern Standard Time on the first Thursday after the initial election and 0001 Eastern Standard Time on the first Friday thereafter, and shall conclude exactly 72 hours after the beginning.
2. Those candidates who have tied shall be automatically entered onto the ballot. No other candidacies shall be allowed.
3. Voters shall only be able to cast a vote for one candidate.
4. If any candidate shall gain a majority of the votes cast, then he shall be declared winner.
5. In the event that litigation is pending before the Mideast Superior Court at the time a run-off is due to be held, the Court may delay the run-off in a specified manner if it thinks the result of such litigation would have a substantive impact on the run-off.

Section 4: Tied Run-off Elections

If the Run-off Election procedure specified in section 4 results in a tie, then:

1. If the race shall be for Governor, the Assembly shall have the power to break the tie by a majority vote.
2. If the race shall be for the Assembly, another run-off shall be held until a candidate is elected.

Section 5: None of the Above

If, in an election, the None of the Above option shall have gained more votes than each candidate, then a new election shall be held under the following procedure

1. The new election shall be held between midnight Eastern Standard Time on the second Thursday after the initial election and 0001 Eastern Standard Time on the first Friday thereafter at 1800 Eastern Standard Time on the second Thursday after the election, and shall conclude exactly 72 hours after the beginning.
2. None of the candidates defeated by the None of the Above option in the original may be declared candidates in the new election. However, a voter may still write-in any such candidate.
3. The candidacy declaration deadline for the new election shall end at the moment the Voting Booth for that election has been opened.

Section 6: Absentee Voting

1. As mandated by Article IV of the Mideast Constitution, all voters shall have the right to cast absentee votes as mandated by Sections 5, 6, 7, 8, and 9 of that Article.

[Purple State]

Section 7: Administration of Voting Booths

1. The administrator of a voting booth shall be free to design the ballot as he or she sees fit, as long as the content of the ballot is clear and unambiguous.
2. The administrator of a voting booth shall post links to all relevant statute regarding electoral law of the Mideast on the ballot.

Section 8: Administration of Initiative and Recall Petitions

1. There shall be no more than one initiative or recall petition contained in each thread.
2. Any thread in which an initiative or recall petition is initiated shall be clearly titled as such in the Subject line.
3. The text of the initiative or the intent of the recall shall be clear and unambiguous else it shall not be valid.
4. The Governor or Speaker of the Assembly must formally recognize an initiative or recall petition as soon as is reasonably possible unless they feel that any of the aforementioned provisions have not been satisfied. In the event that he chooses to decline recognition of the initiative or recall petition, he must formally state in the same thread as the initiative or recall petition his reasons for doing so.
5. The Governor or Speaker of the Assembly must formally state when an initiative or recall petition has gained the necessary support to be voted upon.
6. The author of an initiative or recall petition may withdraw their petition at any time before it has gained sufficient signatures to be voted upon.
7. A withdrawn petition may be adopted by another person with all its signatures still valid, though the original date of proposal shall remain unchanged.
8. A signatory to an initiative or recall petition may withdraw their signature at any time before the petition has gained sufficient signatures to be voted upon.
9. If an initiative is amended by the author after its petition has gained signatories, then the Governor or Lieutenant Governor may require these signatories to clarify whether their signature remains in effect for the amended version.

Section 9: Certification of Election Results

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 except to enter the official certification of the election result onto the thread.
2. Certification of the election result shall be conducted as soon as reasonably possible after the voting booth shall have closed by the administrator of the voting booth. If the administrator of the voting booth shall not be available to conduct such certification, then he or she shall designate a member of the Assembly to carry out such certification in his stead.
3. In certifying the result the administrator shall list all those votes which he or she has discounted, and the reasons for these votes being discounted. The voting booth administrator shall discount all votes that are invalid under the law, and shall only count those remaining votes for which he or she is able to make a reasonable determination as to the intent of the voter subject to such conditions as imposed by Section 9 of this Act.
4. The certifying officer may post provisional certifications of the election results, but these shall be of no legal effect.
5. Once the certifying officer is content that he has a full and complete certification he shall post an official certification which shall be final in all respects, unless a Court order shall instruct otherwise.
6. Should the Governor wish to exercise his power of veto upon an initiative for statute, he must state this clearly in the voting booth after the vote has been officially certified, and must do so within 4 days of the closure of the period of voting. This Clause shall only go into effect if such power is expressly allowed by the Constitution of the Mideast.

Section 10: Reasonable Determination of Intent

1. Where a voter lists all candidates running and places some mark to the right or left of one and only one of the candidates, then the vote shall be construed to be for that candidate.
2. The enumeration of certain reasonable determinations of intent in this section shall not be construed to be exclusive.

Section 11: Concession of Victory

1. If a candidate shall concede his or her victory of an election after the certification of the election result, then the candidate with the next greatest number of specified votes in that election shall then be declared victor.
2. If a victor who has conceded shall wish to retract his or her concession, then he or she may only do so with the permission of the newly declared victor.
3. If an election shall produce a tie that requires a run-off election, any candidate may decline to go forward to the run-off. If such actions shall leave only one candidate in the run-off, then that candidate shall be declared the victor.
4. Concessions made before the certification of election results, or on or after the date on which the newly elected official is due to be sworn in, are of no legal effect whatsoever.

Section 12: Election and Vote Disputes

1. Should any Mideast voter or candidate possessing standing to sue decide to contest the result of an election or vote they shall be able to file a lawsuit in the Superior Court within seven days of certification of that election.

Section 13: Repealed Legislation

The following legislation is hereby repealed upon passage of this:

Mideast Election and Vote Regulations Statute
Mideast Gubernatorial Election Statute
Mideast Second Election and Vote Regulations Statute

[afleitch]

Inks, your first edits have been noted and implemented. I will look over the others now.

I have an issue with Section 1:2 as it copies the language of the current preferential voting system which is legally shaky (but has not yet been tested). Was something not drafted to replace that?

Afleitch, what would you propose? What is the legal problem with the preferential voting system as such?

Nothing wrong with the system, only the wording. It meant that voting;

Brown [ ]
Green

Meant you were infact voting for Brown, as Brown was 'listed' 1st. This happened in the last Mideast elections but was not challenged because the intent was clear. However it could be challenged again, if two future opponents did not have goodwill.

I'm almost positive Peter drafted something to deal with this. I'll check back.

[Purple State]

I believe Section 10 addresses that.

[Queen Mum Inks.LWC]

Inks, your first edits have been noted and implemented. I will look over the others now.

I have an issue with Section 1:2 as it copies the language of the current preferential voting system which is legally shaky (but has not yet been tested). Was something not drafted to replace that?

Afleitch, what would you propose? What is the legal problem with the preferential voting system as such?

Nothing wrong with the system, only the wording. It meant that voting;

Brown [ ]
Green

Meant you were infact voting for Brown, as Brown was 'listed' 1st. This happened in the last Mideast elections but was not challenged because the intent was clear. However it could be challenged again, if two future opponents did not have goodwill.

I'm almost positive Peter drafted something to deal with this. I'll check back.

Simply change it to state, "If not indication of preference is given..."

[Purple State]

Fixed.

Anything else?

[Queen Mum Inks.LWC]

Fixed.

Anything else?

I don't see anything else, and fully encourage the Assembly to vote AYE on this piece of legislation.

[afleitch]

I will add anything further to the legislation on Sunday if I think it requires amendment.

I would like to inform the Assembly that I will be on other business from Monday through Thursday so I will be absent.

(meaning I'm in London for my work )

[Purple State]

Afleitch, when will you be leaving? I would like to have a chance to incorporate your thoughts and put this to vote soon. Granted we do have a bit of time until the next elections and we don't want flawed legislation, but I would like this kind of landmark legislation to get through here.

[afleitch]

Afleitch, when will you be leaving? I would like to have a chance to incorporate your thoughts and put this to vote soon. Granted we do have a bit of time until the next elections and we don't want flawed legislation, but I would like this kind of landmark legislation to get through here.

I'll be around Sunday. I'll be away Monday to Thursday.

On closer look I don't have anything further to add or clarify. Perhaps it could be put to the vote?

[Purple State]

The vote is on the following piece of legislation, included in this post and the next post:

The Mideast Elections Consolidation Statute

Section 1: Votes

1. In their vote in the Elections for public officers in the Mideast, each voter shall list some, none, or all of the candidates in the voter's order of preference for them.
2. If no indication of preference or preferences are given, then the candidate at the top of the list shall be presumed to be the first preference, the candidate on the second line of the list shall be presumed to be the second preference, and so on.
3. A voter may cast a write-in vote in any election, except a runoff election or a vote for Propositions, Initiatives, Recalls and Constitutional Amendments.
4. In order to write-in a candidate, the voter shall not be required to explicitly specify that his or her vote is for a write-in candidate.
5. In order for write-in votes for a candidate to qualify as countable votes, the person written-in must formally accept the write-in candidacy before the end of voting in the given election.
6. A voter may vote for "None of the Above" in any election in which a write-in is allowed. Any voter who votes for "None of the Above" may do so only as a first preference; any and all lower preferences of the voter shall be ignored.
7. If a voter shall explicitly cast a vote in a race for which they are not qualified to vote, then the vote in that race shall be considered invalid.
8. The form of the vote for all Propositions, Initiatives, Recalls and Constitutional Amendments shall be aye/nay/abstain.


Section 2: Determination of the Winner

1. If any candidate shall gain the greatest number of highest preference votes, then that candidate shall be declared the winner of the election. In Assembly elections, the candidate that receives a plurality of highest preference votes shall be elected to the Assembly. The candidate for the Assembly that receives the greatest number of combined highest preference votes and second preference votes and that has not already been elected to the first seat shall be elected to the Assembly. The candidate for the Assembly that receives the greatest number of combined highest preference votes, second preference votes, and third preference and that has not already been elected to the first two seats votes shall be elected to the Assembly.
2. If two or more candidates are tied in the proper votes needed for election, the following procedure shall be used:
a. If the race shall be for the office of Governor, a run-off election shall be held.
b. If the race shall be for Assembly candidates with the greatest number of highest preference votes, both candidates shall win election to the Assembly. In such a case, the third seat shall be filled by the the candidate for the Assembly that receives the greatest number of combined highest preference votes and second preference votes and that has not already been elected to the first two seats.
c. If the race shall be for Assembly candidates with the greatest number of highest preference and second preference votes and that has not already been elected to the first seat, both candidates shall win election to the Assembly. In such a case, the third seat will have been filled and the candidate with the greatest number of highest preference, second preference, and third preference votes and that has not already been elected to the first three seats shall not be elected.
d. If the race shall be for Assembly candidates with the greatest number of highest preference, second preference, and third preference votes and that has not already been elected to the first two seats or candidates with the great number of highest preference and second preference votes and that has not already been elected to the first two seats, as made possible by Section 2, Clause 2, Sub clause b. of this document, a run-off election shall be held.

Section 3: Run-off Elections

If all remaining candidates shall have the same number of votes for a given position, then the following procedure shall be used to break the tie:

1. Run-off elections shall begin between midnight Eastern Standard Time on the first Thursday after the initial election and 0001 Eastern Standard Time on the first Friday thereafter, and shall conclude exactly 72 hours after the beginning.
2. Those candidates who have tied shall be automatically entered onto the ballot. No other candidacies shall be allowed.
3. Voters shall only be able to cast a vote for one candidate.
4. If any candidate shall gain a majority of the votes cast, then he shall be declared winner.
5. In the event that litigation is pending before the Mideast Superior Court at the time a run-off is due to be held, the Court may delay the run-off in a specified manner if it thinks the result of such litigation would have a substantive impact on the run-off.

Section 4: Tied Run-off Elections

If the Run-off Election procedure specified in section 4 results in a tie, then:

1. If the race shall be for Governor, the Assembly shall have the power to break the tie by a majority vote.
2. If the race shall be for the Assembly, another run-off shall be held until a candidate is elected.

Section 5: None of the Above

If, in an election, the None of the Above option shall have gained more votes than each candidate, then a new election shall be held under the following procedure

1. The new election shall be held between midnight Eastern Standard Time on the second Thursday after the initial election and 0001 Eastern Standard Time on the first Friday thereafter at 1800 Eastern Standard Time on the second Thursday after the election, and shall conclude exactly 72 hours after the beginning.
2. None of the candidates defeated by the None of the Above option in the original may be declared candidates in the new election. However, a voter may still write-in any such candidate.
3. The candidacy declaration deadline for the new election shall end at the moment the Voting Booth for that election has been opened.

Section 6: Absentee Voting

1. As mandated by Article IV of the Mideast Constitution, all voters shall have the right to cast absentee votes as mandated by Sections 5, 6, 7, 8, and 9 of that Article.

[Purple State]

The Mideast Elections Consolidation Statute Continued

Section 7: Administration of Voting Booths

1. The administrator of a voting booth shall be free to design the ballot as he or she sees fit, as long as the content of the ballot is clear and unambiguous.
2. The administrator of a voting booth shall post links to all relevant statute regarding electoral law of the Mideast on the ballot.

Section 8: Administration of Initiative and Recall Petitions

1. There shall be no more than one initiative or recall petition contained in each thread.
2. Any thread in which an initiative or recall petition is initiated shall be clearly titled as such in the Subject line.
3. The text of the initiative or the intent of the recall shall be clear and unambiguous else it shall not be valid.
4. The Governor or Speaker of the Assembly must formally recognize an initiative or recall petition as soon as is reasonably possible unless they feel that any of the aforementioned provisions have not been satisfied. In the event that he chooses to decline recognition of the initiative or recall petition, he must formally state in the same thread as the initiative or recall petition his reasons for doing so.
5. The Governor or Speaker of the Assembly must formally state when an initiative or recall petition has gained the necessary support to be voted upon.
6. The author of an initiative or recall petition may withdraw their petition at any time before it has gained sufficient signatures to be voted upon.
7. A withdrawn petition may be adopted by another person with all its signatures still valid, though the original date of proposal shall remain unchanged.
8. A signatory to an initiative or recall petition may withdraw their signature at any time before the petition has gained sufficient signatures to be voted upon.
9. If an initiative is amended by the author after its petition has gained signatories, then the Governor or Lieutenant Governor may require these signatories to clarify whether their signature remains in effect for the amended version.

Section 9: Certification of Election Results

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 except to enter the official certification of the election result onto the thread.
2. Certification of the election result shall be conducted as soon as reasonably possible after the voting booth shall have closed by the administrator of the voting booth. If the administrator of the voting booth shall not be available to conduct such certification, then he or she shall designate a member of the Assembly to carry out such certification in his stead.
3. In certifying the result the administrator shall list all those votes which he or she has discounted, and the reasons for these votes being discounted. The voting booth administrator shall discount all votes that are invalid under the law, and shall only count those remaining votes for which he or she is able to make a reasonable determination as to the intent of the voter subject to such conditions as imposed by Section 9 of this Act.
4. The certifying officer may post provisional certifications of the election results, but these shall be of no legal effect.
5. Once the certifying officer is content that he has a full and complete certification he shall post an official certification which shall be final in all respects, unless a Court order shall instruct otherwise.
6. Should the Governor wish to exercise his power of veto upon an initiative for statute, he must state this clearly in the voting booth after the vote has been officially certified, and must do so within 4 days of the closure of the period of voting. This Clause shall only go into effect if such power is expressly allowed by the Constitution of the Mideast.

Section 10: Reasonable Determination of Intent

1. Where a voter lists all candidates running and places some mark to the right or left of one and only one of the candidates, then the vote shall be construed to be for that candidate.
2. The enumeration of certain reasonable determinations of intent in this section shall not be construed to be exclusive.

Section 11: Concession of Victory

1. If a candidate shall concede his or her victory of an election after the certification of the election result, then the candidate with the next greatest number of specified votes in that election shall then be declared victor.
2. If a victor who has conceded shall wish to retract his or her concession, then he or she may only do so with the permission of the newly declared victor.
3. If an election shall produce a tie that requires a run-off election, any candidate may decline to go forward to the run-off. If such actions shall leave only one candidate in the run-off, then that candidate shall be declared the victor.
4. Concessions made before the certification of election results, or on or after the date on which the newly elected official is due to be sworn in, are of no legal effect whatsoever.

Section 12: Election and Vote Disputes

1. Should any Mideast voter or candidate possessing standing to sue decide to contest the result of an election or vote they shall be able to file a lawsuit in the Superior Court within seven days of certification of that election.

Section 13: Repealed Legislation

The following legislation is hereby repealed upon passage of this:

Mideast Election and Vote Regulations Statute
Mideast Gubernatorial Election Statute
Mideast Second Election and Vote Regulations Statute

The vote will be aye, nay, or abstain.

[Purple State]

Aye

[afleitch]

Aye

[Purple State]

Peter doesn't seem to be around much, so I will let this pass unanimously by a vote of 2-0. It will become law in 3 days time.

[afleitch]

I would formally like to suggest the following legislation to be tabled.

Amendment to the Mideast Intelligent Design Statute

Section 2 shall be amended to read 'Therefore, the Mideast Region forbids all school districts under the governments authority to teach intelligent design in any science class.
Amendments in bold.

As abhorrent as intelligent design is, it is better to air or debate this nonsense in theology or philosophy class.