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+------ Thread: [Legal Question] Vacant Vice Delegate (/thread-412.html)
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[Legal Question] Vacant Vice Delegate - Arbiter08 - 05-12-2014
Due to the fact that Escade has stated intent to resign from the position of Vice Delegate, I would like to submit the following question to the High Court.
If a Vice Delegate resigns from his/her position, while the legally elected Delegate is still in place, how would a new Vice Delegate be determined?
I would like to remind the High Court that elections can occur no later then 72 hours after a vacancy. If the High Court decides to take this Legal Question then it would be preferable to receive an answer before 72 hours after the current Vice Delegate resigns.
RE: [Legal Question] Vacant Vice Delegate - Belschaft - 05-13-2014
The High Court will answer this Legal Question. I believe the matter is very clear cut, and hope to have an answer later today, but if anyone wants to submit an amicus brief they are free to do so.
RE: [Legal Question] Vacant Vice Delegate - Belschaft - 05-14-2014
My apologies for the delay, I'm currently very busy at work IRL and haven't been able to address this properly.
RE: [Legal Question] Vacant Vice Delegate - Unibot - 05-14-2014
HCLQ|1402
- 14.05.14 -
Petitioner
Arbiter08
Presiding Justice
Belschaft
Associate Justices
Rebeltopia, Unibot
"If a Vice Delegate resigns from his/her position, while the legally elected Delegate is still in place, how would a new Vice Delegate be determined?"
Majority Opinion
Rebeltopia, Unibot
The High Court has agreed that there is only one valid and legal method to replace a Vice Delegate, provided a legally elected Delegate is still in place. However, there appears to be many different interpretations of the Code of Laws and various options to consider. Ultimately, these other options were rejected.
Interpreters would find that the Vice Delegate must be chosen via one of three options:
A. Choosing a Vice Delegate via the Line of Succession.
B. Choosing a Vice Delegate via a Regional Vote.
C. Choosing a Vice Delegate via a Cabinet Vote.
There could be a difference of outcome depending on which method is chosen, therefore it is important for the law to determine which method is valid and which are not.
Option A is not a valid method. Article 3.2 states that the line of succession only applies if the Delegate resigns, is recalled or is unable to fulfill his duties. There is no mention of whether a resignation of the Vice Delegate would activate the line of succession.
Option B is not a valid method. Article 1.13 outlines that a special election can only occur if there is a vacancy. A vacancy can only occur if the officer holder has ( a ) resigned, ( b ) been recalled, ( c ) no longer holds citizenship.
Since the Delegate has neither resigned, been recalled, nor lost his citizenship, there is no vacancy for the delegacy.
Likewise, Article 1.9 of the Code of Laws specifically says that the Delegate and the Vice Delegate must be voted as a joint ticket. Article 1.10 adds to this by saying all other positions are voted separately.
This means that a special election is problematic because the Vice Delegate can only be elected via a joint ticket with the Delegate and there is no vacancy for the delegacy, therefore there cannot be any legal nominations for Vice Delegate.
Option C is the valid method. Article 1.9 compels an election to begin after the vacancy is declared. Therefore a special election for the Vice Delegate must begin, however, no nomination can be considered valid since no nomination can be a joint ticket with the Delegate.
Since the special election will elapse with no valid candidate, Article 1.12 compels the cabinet to vote on a new Vice Delegate in the event of no candidates.
Therefore, an election for the Vice Delegate must occur and no candidate can be recognized legally. At the end of this fruitless election, the cabinet will vote to decide the new Vice Delegate.
We urge the Assembly to clearly establish the method for replacing a resigned Vice Delegate in the future.
RE: [Legal Question] Vacant Vice Delegate - sandaoguo - 05-14-2014
I'm afraid I don't understand the impact of this opinion. Does the Assembly really need to hold an 8 day long election, where nobody is allowed to run, before letting the Cabinet appoint a Vice Delegate? Or can we just acknowledge that those 8 days would be wasted, and have the Cabinet appoint a Vice Delegate right now?
RE: [Legal Question] Vacant Vice Delegate - Rebeltopia - 05-14-2014
**Wears citizen hat** Technically, you wouldn't have to go thru the full election cycle, as no candidates would be running... no candidate(s) means no vote...
Sent from my LG-D500 using Tapatalk
RE: [Legal Question] Vacant Vice Delegate - QuietDad - 05-14-2014
You missed option 4. Since the Delegate runs for election and picks their running mate, The Vice Delegate is in fact an appointee of the Delegate and as such, the Delegate appoints a replacement,
RE: [Legal Question] Vacant Vice Delegate - Unibot - 05-15-2014
Speaking outside of an official capacity, I believe Rebel's suggestion is fine.
RE: [Legal Question] Vacant Vice Delegate - God-Emperor - 05-15-2014
In an official capacity, that doesn't matter.
RE: [Legal Question] Vacant Vice Delegate - Kris Kringle - 05-15-2014
"In the event that no candidate runs for an available office the newly elected Cabinet will appoint a Citizen to fill the vacancy."
Since no candidacy would be valid, there wouldn't have to be a voting period I'd say. We should also remove that "newly elected" part.