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Legal Question on Candidate Eligibility
#5

Yes, it's unprecedented, though I wouldn't say unanticipated. It's a matter of awkward timing, but the laws are clear, and that laws haven't been changed. The subject (Belschaft) is not a citizen, because he's currently prohibited from being one by Cabinet declaration. The Assembly is voting on overturning that declaration, but unfortunately that vote will not end in time, and thus his citizenship application not processed in time, for Belschaft to declare his candidacy as a citizen, which is the legal requirement.

It is not "common sense" to say Belschaft should be allowed to run. Everything we have done since the coup has been done to legal standards, even if it would have been easier for some to do it otherwise. We passed a resolution to recall the rogue Cabinet, start special elections, and issue amnesty. We did that because we all believed it was important to follow our laws in the wake of the Cabinet and Delegate's lawlessness. It's not the case that there's universal acceptance for ignoring the security threat declaration-- it may be, once the Assembly has voted. But the Assembly still needs to vote. There would have been no problem if the Assembly had taken up the issue days ago, rather than at a date that coincidentally precludes Belschaft from being a citizen during the nomination period.

To talk about reasonableness and common sense, it's worth stressing that the Cabinet elected during this special election is effectively a caretaker Cabinet. It's likely they will not serve a full term, and a new election will be called under a entirely new legal system following the scheduled Great Council. So the stakes are really not that high. Belschaft will be a citizen during that process, and can run in a more permanent election. He'll be able to cast his votes in this special election, as well. The High Court shouldn't invalidate our long-standing election laws and traditions just because the issue of Belschaft's citizenship wasn't brought up earlier than it needed to be.
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Messages In This Thread
RE: Legal Question on Candidate Eligibility - by sandaoguo - 02-12-2016, 07:07 PM
Determination of Justiciability - by Kris Kringle - 03-06-2021, 12:31 PM



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