Users browsing this thread:

Eluvatar · 02-14-2016, 09:28 PM

February 2016 Special Elections

[Image: q2ssVqF.png]

Request for Comments: Disputed Candidacy

Seeing as it appears impossible that an appeal of the High Court's ruling on my legal question will be heard before voting opens, but seeing as it could, in my understanding, yet occur, the question occurs of how I should administer the election with the least disruption.

There are two alternatives: provisionally listing Belschaft, with clear disclosure that he will not be elected unless he both wins the vote and wins the appeal, and holding a vote with Belschaft off the ballot, with the understanding that an appeal could lead to a re-vote. The first alternative is possible because, unlike a plurality vote, in a Condorcet vote it is possible (nay, easy) to recount a vote with one of the candidates excluded. The latter may be preferable under the understanding that even pending appeal, a High Court opinion is binding.

Comments regarding why I should act in one way or the other should be made here.

Thank you for your consideration.

[Image: HuoZhaoDao.png]

***sandaoguo*** · 02-14-2016, 09:32 PM

Unless there's a clear answer from the High Court on his eligibility to be included on the ballot, the Election Commissioner doesn't have the authority to do so, even if there's a request for comments. The Election Commissioner is a purely technocratic role and past history with them making decisions outside the clear letter of the law hasn't ever been pretty.

**Belschaft** · 02-14-2016, 09:34 PM

I think we're making this into a huge issue for no real reason, and allowing legal pedantry to overrule basic common sense. This is a game, not real life, and this situation isn't one that the laws in question were written in expectation of.

Just delay the damn close of nominations by five hours, because the intent of the law and the context of the unique circumstances should take precedent over legal pedantry, especially considering that the laws in question are largely badly written.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

PREVIOUS ROLES

**Farengeto** · 02-14-2016, 09:35 PM

I stand by what I said in my resolution.

~~Wolf~~ · 02-14-2016, 09:41 PM

(02-14-2016, 09:32 PM)sandaoguo Wrote: Unless there's a clear answer from the High Court on his eligibility to be included on the ballot, the Election Commissioner doesn't have the authority to do so, even if there's a request for comments.

It's funny because one of the key members of the High Court who said Bel couldn't run for MoFA is now running for that office themselves.

And they are now running unopposed.

(This post was last modified: 02-14-2016, 09:42 PM by Wolf.)

**Belschaft** · 02-14-2016, 09:43 PM

I have come up with a simple solution; Tsu can revoke the damn "security threat" designation a few hours before the Assembly vote would do so, thus solving this damn problem and preventing days or even weeks of bullshit and fighting by a simple common sense decision.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

PREVIOUS ROLES

**Belschaft** · 02-14-2016, 09:50 PM

*sighs*

The days/weeks we're going to end up arguing over this BS is going to distract from things that actually matter, and waste time, effort and goodwill that is desperately needed on healing the community and fixing a broken set of laws. I'm going to just withdraw my candidacy and save everyone that hassle.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

PREVIOUS ROLES

Eluvatar · 02-14-2016, 09:51 PM

In that case this request for comments no longer applies to the current situation, but is instead prospective, as guidance to future legislation or Election Commission decisions.

[Image: HuoZhaoDao.png]

Awe · 02-15-2016, 01:07 AM

I'd also like to raise a dispute regarding Wolf's candidacy as Delegate. By NationStates gameplay mechanics, only WA members can receive endorsements.

From the FAQ "There are two main benefits to WA membership: you can vote on resolutions, and you can give and receive endorsements to and from other nations in your region, which detemines who is Delegate."

As Wolf does not have a nation in the WA, that makes him ineligible to be endorsed and therefore receive sufficient endorsements to become Delegate.

[Image: 9ehfkQV.png]

the island league

Former Offices

RP Information