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I'll start by saying this isn't a huge deal for me or that I plan on running or even voting in the next election, but it was enough for me to look at the laws a few times and wonder if I was missing something. Since I probably am, I figured I'd address the floor and see if someone could clarify the laws for me.


According to this post, applications filed after Dali's application were suspended due to upcoming elections. Looking at theCharter, it reads:

Quote:Section 2 Wrote:4. Citizenship applications submitted during election periods will not be processed. In the event that a citizenship application has been submitted prior to the election but not yet processed, the current Vice Delegate may process the application during the election period.

Which makes sense - no apps are processed during elections, and any applications that were not processed but were still filed before elections are allowed to be so if the VD wants. I filed my app on the 6th. But according to the Election Act, cabinet elections don't happen until the 15th of March. So I should be still good to go, right? Or is there a law I missed somewhere? I've been scanning the active laws in The MATT-DUCK Law Archive, but haven't really found anything that would pertain to this.

Thanks in advance if anyone can help point me in the right direction.">

Which makes sense - no apps are processed during elections, and any applications that were not processed but were still filed before elections are allowed to be so if the VD wants. I filed my app on the 6th. But according to the Election Act, cabinet elections don't happen until the 15th of March. So I should be still good to go, right? Or is there a law I missed somewhere? I've been scanning the active laws in The MATT-DUCK Law Archive, but haven't really found anything that would pertain to this.

Thanks in advance if anyone can help point me in the right direction.

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After careful deliberation, the High Court issues the following judgement in response to the Legal Question submitted by Todd McCloud.

It is in the opinion of the High Court that while Article 1, Section 2.4 of the Charter states that citizenship applications are not to be processed at the time of an election, it also notes that citizenship applications submitted before an election can be processed, as quoted below:

Quote:Article 1, Section 2.4, Charter
4. Citizenship applications submitted during election periods will not be processed. In the event that a citizenship application has been submitted prior to the election but not yet processed, the current Vice Delegate may process the application during the election period.

The above would imply that all applications submitted before the start of an electoral cycle, which for the purposes of this Legal Question, the Court will interpret as being the opening of nominations (ie: March 15 in this election) While the Court agrees that the world 'may' in the clause does give the Vice-Delegate some discretion in whether or not to process applications, the Court also resolves that having applications put on hold 13 days before the start of an electoral cycle is an excessive use of such discretion.

Furthermore, it is in the opinion of the High Court that doing so would be in contravention of Article 2.8 of the Charter, as part of the Bill of Rights, which states the following:

Quote:Article 2.8, Bill of Rights, Charter
8. The right to apply for citizenship and have such an application promptly accepted, subject to requirements of citizenship, or otherwise denied under reasonable causes, with the right to an appeal to the appropriate officials

The above would imply that the right to apply for citizenship is linked to the right to have a citizenship application promptly reviewed and accepted.  The Court does recognise the purpose behind withholding citizenship applications during an electoral cycle, namely to prevent vote stacking and other possible situations that may arise as a result of the influx of citizens, and deems it to be a reasonable circumstance that will supersede this provision. 

However, in the presence of other legal provisions as quoted earlier in this judgement, the Court resolves that citizenship applications submitted before March 15 and any other electoral cycle thereafter should be processed during the elections, unless a notice informing prospective applicants that processing of citizenship will cease on a designated date prior to the start of an electoral cycle has been put up beforehand. With regards to applications submitted on or after the opening of nominations, the Court resolves that Vice Delegate has discretion as to whether these applications should be processed.

The Court acknowledges that the Cabinet has since taken steps to process these applications, and understands that the Vice Delegate had exonerating personal circumstances that may have prevented her from processing these applications within a reasonable time frame. In the event that these circumstances persist or for any subsequent period of time where the Vice Delegate may be absent for a prolonged duration, the Court would strongly urge the Cabinet to appoint a designated representative to process citizenship applications.

The Court Justices would also like to take this opportunity to send its regards for the Vice Delegate's speedy recovery.