Attn. Justices: Atlasia v. Benconstine (Case Closed)

[Marokai Backbeat]

I would like to bring to the court's attention the case of Atlasia v.s Benconstine. Ben has been charged with violating the Voting Whilst Banned Act (and by doing so, violating a court ordered punishment of a 13 week voting ban).

The details can be viewed here: https://uselectionatlas.org/FORUM/index.php?topic=94114.msg1970390#msg1970390

I hope we can get off the ground fairly quickly.

[Purple State]

For the record, it seems all traces of this law's debate and passage have been deleted.

[Lief 🗽]

For the record, it seems all traces of this law's debate and passage have been deleted.

Hm? https://uselectionatlas.org/FORUM/index.php?topic=93946.0

[Marokai Backbeat]

For the record, it seems all traces of this law's debate and passage have been deleted.

It remains, but for some reason the link from the Wiki is broken. I thought it was deleted earlier myself.

[Purple State]

Eh, now I feel stupid. Well that's something in the Wiki that should be fixed. Good we found that.

[Purple State]

I would like to offer my services as defense counsel for Benconstine, if he accepts.

[Franzl]

I would like to offer my services as defense counsel for Benconstine, if he accepts.

Aren't you getting ahead of yourself? He might plead guilty!

[Purple State]

I would like to offer my services as defense counsel for Benconstine, if he accepts.

Aren't you getting ahead of yourself? He might plead guilty!

I'm rearin' for a fight, so let's hope he doesn't do that. Although I wouldn't have anything against a preemptive presidential pardon.

[bullmoose88]

How does the defendant plea?

[Kaine for Senate '18]

How does the defendant plea?

Guilty.

[Marokai Backbeat]

I do ask the court for a light sentence, as this was near the end of his punishment and no serious electoral implications are on the horizon.

[bullmoose88]

I do ask the court for a light sentence, as this was near the end of his punishment and no serious electoral implications are on the horizon.

First, It is the court's understanding that the defendant's previous sentence was to expire soon, for the record, when was it set to end?  And assuming the defendant had not violated the law, would he have been eligible to vote in this election?

Second, what penalty does Atlasia seek in this matter?

[Sam Spade]

The sentence:

[quote]
Therefore, I sentence the defendant, benconstine, to a ban from voting for a period of thirteen (13) weeks commencing on January 19, 2009 and a ban from holding office for a period of twenty-six (26) weeks commencing on the same date as above.
[quote]

By my count, the sentence ends on April 19, 2009 at 11:59 PM.

[Marokai Backbeat]

I do ask the court for a light sentence, as this was near the end of his punishment and no serious electoral implications are on the horizon.

First, It is the court's understanding that the defendant's previous sentence was to expire soon, for the record, when was it set to end?  And assuming the defendant had not violated the law, would he have been eligible to vote in this election?

Ben was sentenced to a 91 day voting ban, he voted roughly 4 or 5 days before his sentence was up, depending on when you interpret the punishment beginning on the 19th of Jan. It's possible Ben would have been eligible to vote on the last day of voting, but I'm unsure.

However, The Voting Whilst Banned Act states voting or even the attempt to vote is illegal while banned from doing so. Ben was under a voting ban at the time of the vote.

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A reasonable extension of his existing voting ban. A two or three week extension is fair I think, in light of the near end of his sentence, I simply seek a light sentence, I'll leave the details to the court.

[bullmoose88]

I'm willing to take the AG's suggestion and impose his sentence of a three week extension which itself will be extended to cover the full duration of an election the defendant would otherwise be entitled to vote if such election is underway at the expiration of this sentence.

So ordered.

[bullmoose88]

I should further note that the defendant should watch himself, this court will not take kindly to a third offense.

[Marokai Backbeat]

I thank the court for the swift action with which this case was dealt with.

[Kaine for Senate '18]

I thank the Court for giving me a light sentence.  If I may ask, exactly when will I be able to vote again?  I'd like to avoid making this same mistake again.

[bullmoose88]

I thank the Court for giving me a light sentence.  If I may ask, exactly when will I be able to vote again?  I'd like to avoid making this same mistake again.

Three weeks from the end of your original sentence OR if there is an election on going in that period which you would have been eligible to vote in (had you not erred) at the conclusion of voting for that/those election(s)...whichever comes last.

As to not allow a scenario to allow your sentence to stretch into perpetuity, the "added" time will only count from the first eligible election that occurs during your sentence but extends beyond it.


So say on the final week of your added suspension an election (which you could have otherwise voted in, say for president), your suspension will not end until the general voting booth for that first election closes.  If say an eligible at large seat opens up a few days after (and its booth stays open a day or two longer) you can vote in that election on the days after your sentence is served.