The South Pacific
[LEGAL QUESTION] Validity of Votes by then-Legislators - Printable Version

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[LEGAL QUESTION] Validity of Votes by then-Legislators - Amerion - 12-02-2018

Your Honour,

I respectfully seek clarification from the High Court as to whether an individual's vote in the Assembly is valid even though that individual is no longer a Legislator.

As an example, I present Mr. Pickle to the Court.

In August 2018, a vote is held to make it an offence to paint obscene images on lampshades designated by the Coalition as being regionally significant. The voting period is from the 29th of August to the 1st of September. Mr. Pickle submits his vote on the 30th of August. However, Mr. Pickle has been a naughty pickle and has failed the voting requirement for August, having cast only 2 votes out of the 9 held in that month. As a consequence, the Legislator Committee removes his Legislator status on the 1st of September, before the vote officially concludes. Should the Chair of the Assembly count Mr. Pickle's vote?

I note that a question of a similar nature was put to the Court in 2015, HCLQ1509. An excerpt of the ruling is provided below:

A nation remains a citizen until the manual act of the removal of citizenship takes place. All the time that a nation is shown as a citizen they may continue to exercise all the rights and privileges that are accorded by citizenship, including standing for office and voting in elections. The votes of any nations that were/are still present in TSP but had/have not undergone the process of citizenship removal due to inactivity at the time of voting should be counted as valid votes.

I would like to inquire if this ruling is still applicable in the aforementioned case?

Thank you for your time.



RE: [LEGAL QUESTION] Validity of Votes by then-Legislators - Awe - 12-03-2018

I trust that the Chair may also find HCLQ1709 to be of some interest?


RE: [LEGAL QUESTION] Validity of Votes by then-Legislators - Amerion - 12-03-2018

(12-03-2018, 12:03 AM)Awe Wrote: I trust that the Chair may also find HCLQ1709 to be of some interest?

Indeed I do!

This answers my question perfectly. Thank you @Awe Heart

I withdraw my LQ from the Court.