As Election Commissioner, I am faced with a pretty specific legal question: whether Belschaft can be nominated in this special election if his citizenship is returned five hours after nominations end.

I therefore must ask: are candidates required to be citizens during voting or when they are nominated?

If candidates must be citizens at nominations, is the reversal of a Cabinet removal of citizenship retrospective?

I ask the Court to consider these relevant paragraphs of the Charter and Election Act:

Charter Wrote:1.2.7. Citizenship may be removed by a majority vote of the Cabinet if a nation is found to be a security threat. Citizens removed for being a security threat may appeal to the Assembly which may reverse the removal by a 75% majority vote in favor.

Charter Wrote:2.11. Voting and being elected to an office under the Coalition of The South Pacific shall be rights afforded only to citizens except for the Local Council. For the Local Council only, voting and being elected to an office shall be open to all residents of The South Pacific.

Election Act Wrote:1.4. All elections shall consist of a pre-voting period lasting six days and a voting period lasting three days. Citizens shall have to declare their candidacy or accept their nomination within the first three days of the pre-voting period.

Election Act Wrote:1.6. Candidates for elections may self-declare or be nominated by another Citizen. Candidates must file a Conflict of Interest Disclosure at the time of their acceptance of a nomination or self-declaration.

My interest is drawn particularly to the wording of the Charter's paragraph 2.11 which makes no mention of nominations but instead specifies that being elected to an office is a right afforded only to citizens.

I would appreciate guidance from the High Court in this matter by February 18th, when I am obliged as Election Commissioner to open voting. I will, of course, use my best judgement in understanding the law should I not receive guidance by that time.