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For Something a Little Different
#1
Star 
I'm going to be setting out an altered proposal that I put together. Since it is extensive, I'll be doing it in several posts. However, I'd like to address how this deals with the broad solutions we've discussed.

  1. I've addressed citizenship by referring everyone in the region as a citizen and instead requiring people to apply for seats in the Assembly, as overseen by the Chair.
  2. This proposal makes clearer delineations of powers between the Assembly, a Delegate, a Prime Minister and Cabinet, and a High Court. The Cabinet will be appointed by the Prime Minister and approved by the Assembly, rather than being directly elected, as we have now.
  3. This improves in-game relations by constructing a two-tiered voting structure for delegate, so the RMB-active nations still get a say in who is representing them.
  4. This simplifies our security institutions by dedicating 7-10 nations as the CSS and giving them broad powers during a state of emergency. These nations would still need to be OK'd by the Assembly.
  5. This addresses the forum administration and moderation by codifying recall procedures and giving users a say over administrator and moderator appointments.
  6. Finally, better delineating who, what and how this breaks down should help restore trust in the government. Also, the number of elected officials are minimized with the intention of Assembly supremacy and involvement.
This also has a much reduced Charter — with higher thresholds for amendments (again) — but the majority of this are simple laws.

My goal was to address our issues and simply the process, without contorting the government into something unrecognizable.  
I'll be happy to hear everyone's thoughts/suggestions — while "complete" — I still consider this a work in progress.
-tsunamy
[forum admin]
#2

The Charter of The Coalition of The South Pacific

##.##.16

Preamble:
We the nations of the Coalition of The South Pacific, hereby affirm this Charter to preserve and protect the freedom, security and well being of our region and its members.

Bill of Rights

1. All nations that reside in The South Pacific shall be afforded all rights contemplated in this article unless otherwise noted.
2. The freedom of speech, including the freedom of expression and the press.
3. The freedom of association, including the freedom of peaceful assembly.
4. The right to contact the government on all matters of their interest.
5. The right to defend themselves in the judicial system of the Coalition of The South Pacific with all the guarantees of a speedy hearing and due process of law.
6. The right to apply for and be granted a seat in the legislative body of the South Pacific.
7. The freedom to reside in the region of The South Pacific, and the right to not be ejected or banned without reasonable cause.
8. The freedom to vote and endorse nations, subject to the restrictions established in law.
9. The ability to run for elected office, subject to the restrictions established in law.

Government Structure

1. The government of The South Pacific shall contain the following:
  1. A world assembly delegate, acting as ceremonial head of state
  2. A legislative branch, known as the Assembly of the South Pacific
  3. An executive branch, headed by an elected prime minister and Cabinet
  4. A judicial branch, headed by the chief justice
2. Governmental duties and functions shall be determined by self-standing set of laws.

Legal Issues

1. The Assembly may enact laws providing additional limitations and or procedures.
2. This Charter shall carry supremacy over any other law of the Coalition of the South Pacific.
3. This Charter may be amended through legislative means as needed, with a 75% affirmative vote.
3. The Coalition may not be surrendered and only altered through the legal means provided.
#3

Legal Formation of the Head of State


Preamble:
The delegate as listed in The South Pacific on the NationStates board shall be considered the ceremonial head of state, providing they conform to the legal requirements of the Charter and subsequent legislation.

Section 1 — Elections
1. The delegate shall be elected in a two-vote system consisting of votes in the Assembly and on the Regional Message Board every six months.
2. Candidates wishing to run for the delegate’s must be citizens of The South Pacific and members of the Assembly, as outlined in the Legal Formation of the Legislative Branch.
3. Elections will follow the subsequent procedure in addition to procedures set out in the Election Act.
  1. Candidates will be voted on by Assembly members.
  2. All candidates with be voted on as “for,” “neutral,” or “no faith.”
  3. The top three candidates with highest number of “for” votes will move onto the second round of voting.
  4. Any candidates with more 50% “no faith” votes will not move onto the second ballot, regardless of the number of “for” votes.
  5. The top three candidates will be voted on by a regional message board poll for all native, World Assembly nations.
Section 2 — Duties and Responsibilities
1. The Delegate may implement policies regarding regional message board adverts and spam and expel recruiters for violating said policies.
2. The Delegate is responsible for making sure all nations abide by the endorsement cap as established and enforced by the Committee for State Security.
3. The Delegate may ban and/or eject nations when permitted by the applicable laws.
4. The Delegate shall oversee the World Assembly votes, as s/he sees fit.

Section 3 — Line of Succession
1. In the event that the Delegate is removed from office, resigns from office, or is banned from the World Assembly, the Member of the Committee for State Security with the highest endorsements shall take the seat until elections can be held.
#4

Legal Formation of the Legislative Branch

Preamble:
All nations in The South Pacific shall be able to claim a seat in the Assembly, in accordance with relevant laws.

Section 1 — Assembly and Powers of the Assembly
1. The Assembly shall constitute the sole legislative body in The Coalition.
2. The Assembly is responsible for the drafting and discussion of laws and amendments to the Charter.
3. The Assembly may pass and amend a law with a vote resulting in 50% + 1 in favor.
4. The Assembly may amend the Charter with a vote resulting in a 75% majority in favor.
5. The Assembly has the sole power to declare a state of war exists with another region or organization.
6. The Assembly has the sole power to pass a treaty with another region or organization.
7. Declarations of War and Treaties require a 60% majority in favor to be enacted or repealed.
8. Proposed legislation may be moved to a vote by the Chair of the Assembly after a “motion” and a “second” to vote is lodged.
9. The voting period will last three days for laws and five days for amendments to the Charter.
10. Any legislative actions that would alter input of regional message board practices must also be put up to a regional vote, in-game.
  1. This vote shall follow voting practices of the Assembly.
  2. The poll shall be open to all native, World Assembly member nations in the region.
Section 2 — Membership of the Assembly
1. All citizens of The South Pacific are entitled to a seat in the Assembly, provided there is no major security risk, as declared by the Committee for State Security.
2. Citizens must apply to the Chair of the Assembly to claim their seat.
3. Legislative seats will be forfeited if the citizen misses three legislative votes.
4. Citizens may request a leave of absence from the Chair of the Assembly, whereby they would not lose their seat.

Section 3 — Chair of the Assembly
1. The Assembly will elect a Chair which will be responsible for the administration of all aspects of the drafting, debate, and passage of legislation.
2. The Chair is responsible for appointing citizens to their legislative seats, keeping track of all votes and removing those who do not meet the voting requirements to hold an Assembly seat.
3. The Chair has the clerical duty to maintain the Charter and all subsidiary documents, ensuring that all laws comport with proper standards and formatting, and all minor changes made are publicly recorded.
4. The Chair will serve a term lasting four months.
5. Procedures for the election of the Chair must be defined in Election Act.

Section 4 — Contradicting Legislation
1. The Chair shall use their discretionary powers to avoid opening votes on contradicting legislation or resolutions simultaneously.
2. If multiple, contradicting proposals have been proposed, the Chair may elect to hold a plebiscite to decide which proposal shall be voted on first.

Section 5 — Recall Procedures
1. The Assembly may recall any elected or appointed official.
2. Discussions on a recall motion will occur for at least five days.
3. A recall motion requires at least a second to be brought to a vote, unless either the original motion or the second has been withdrawn.
4. A 75% vote in favor is required to remove a delegate; all other officials will be removed by a 60% vote in favor.
#5

Legal Formation of the Executive Branch

Preamble:
The Assembly, in accordance with relevant laws, shall elect an executive branch headed by the Prime Minister and their Cabinet.

Section 1 — Office of the Prime Minister
1. For all legal intents and purposes, the Prime Minister shall be the head of state.
2. The Prime Minister will be elected by the Assembly and serve a term of four months.
3. The Prime Minister will receive all regional officer powers.
4. In conjunction with the Delegate, the Prime Minister may request “Regional Officer” powers for members of the Cabinet.
5. The Prime Minister and any other executive branch official shall be allowed to use “Regional Officer” powers in accordance with regional law.

Section 2 — Cabinet and Powers of the Cabinet
1. The Cabinet shall consist of a Minister of Foreign Affairs, a Minister of Regional Affairs and a Minister of the Army.
  1. Members of the Cabinet are free to appoint junior members or "deputies."
  2. Additional senior members may be appointed by the Prime Minister with the approval of the Assembly.
2. Senior members, as outlined in Section 2.1 of this document, are the only members with voting rights within the Cabinet.
3. Senior members will be nominated by the Prime Minister and accepted with a confirmation vote of 50%+1 of Assembly members.
4. Senior members may appoint junior members for each ministry.
5. Senior members will serve at the pleasure of the Prime Minister and may be recalled at any time.
6. The Cabinet shall strive to promote activity in the region and shall remain cognizant of the well-being of all nations in the Coalition of the South Pacific.
7. The Cabinet may adopt Executive Policy in cases where no law exists; Executive Policy may not conflict with the Charter or any other laws.
8. Procedures for the election of the senior Cabinet must be defined in the Code of Laws.

Section 3 — Ministry of Foreign Affairs
1. The Ministry of Foreign Affairs will be led by the Minister of Foreign Affairs.
2. The Ministry is responsible for all interactions with foreign regions.
3. The Ministry has the power to negotiate treaties, alliances, and other agreements with a foreign entity. Enactment of a treaty or alliance requires a vote of the Assembly in accordance with the provisions for General Laws.
5. The Ministry is responsible for approving, denying, constructing, and requesting the removal of embassies and consulates.

Section 4 — Ministry of Regional Affairs
1. The Ministry of Regional Affairs will be led by the Minister of Regional Affairs.
2. The Ministry is responsible for the integration of citizens into the Community.
3. The Ministry is responsible for planning and carrying out Cultural Events for the region and with allied regions.
4. The Ministry is responsible for promoting RMB and IRC activity and promotion of the regional forums.
5. The Ministry is responsible for directing and running roleplay and the maintenance of the regional map.
6. The Ministry is responsible for creating letters about government happenings, distributing such letters to the region in-game, and posting them on the RMB.

Section 5 — Ministry of the Army
1. The Ministry of the Army will be led by the Minister of the Army.
2. The Ministry is responsible for overseeing the Armed Forces of the Coalition.
3. The Ministry is responsible for the defense of the region.
4. The Ministry is responsible for the creation of an Intelligence Network. The Ministry may appoint individuals to aid in gathering intelligence.

Article 6 — Sunshine Provisions
1. The discussions of the Cabinet shall be released every 8 months for public archival accessible to all citizens.
2. The Cabinet may institute a classification system to ensure that discussions that are still undergoing or discussions that would seriously threaten the security of the region are not released too early.
3. The Cabinet shall regularly update the classification status of its discussions and not abuse the classification system to prevent its discussions from being published.
4. The Cabinet may publish its discussions at earlier intervals if it wishes or has been petitioned to do so by a Citizen.
5. The Cabinet may refuse to publish a discussion that has been petitioned by a Citizen.  The reasons for which as well as the discussions in questions must be made available to the High Court.  The High Court may overturn the Cabinet refusal to publish a discussion.
6. In the event that Cabinet discussions older than 8 months have failed to be published, the current Cabinet must publish those discussions in a speedy manner.
7. The private discussions of the High Court, pertaining to a case, shall be made public after the period for an appeal has passed without an appeal being filed.
8. Should an appeal be filed, private discussions pertaining to the case shall be withheld until after the non-presiding justice, or his assembly appointed replacement, has announced a ruling.
#6

Legal Formation of the Judicial Branch

Preamble:
The Judicial Branch will consist of a High Court which while be responsible for ruling on laws and

Section 1 — Composition
1. The High Court shall consist of one Permanent Justice for hearing non-criminal cases.
2. The Prime Minister is responsible for appointing a well-qualified citizen to serve as Permanent Justice of the High Court.
3. The Permanent Justice must be accepted with a confirmation vote of 60% of Assembly members.
4. In order to serve on the High Court, a person must hold a legislative seat in the Assembly.
5. For criminal cases, an additional two temporary Justices shall be chosen from the Pool of Justices, the composition of which will be prescribed by law.
6. For appeals purposes, an additional appellate Justice shall be chosen from Pool of Justices.
7. The procedure for the appointment of the Permanent Justice shall be defined in a General Law.

Section 2 — Reserved Powers
1. The High Court has the sole power to declare any law, in whole or in part, void upon a determination that it violates the terms of this Charter.
2. The High Court may reconcile contradictions within the Charter and General Laws, maintaining the least amount of disruption to the intended purposes of the contradictory parts.
3. The High Court may clarify and interpret provisions of the Charter and Generals Laws, when presented with a Legal Question about them.
4. The High Court holds the sole power to remove citizenship outside of regular legislation that outlines reasonable upkeep requirements or security imperatives.
5. The High Court holds the sole power to conduct a criminal trial.

Section 3 — The Pool of Justices
1. The Permanent Justice and the Cabinet shall come together to create a list of at least four well-qualified citizens to serve as temporary and appellate Justices.
2. When selecting from the Pool of Justices, selections shall be made according to the date entrants were added.
3. Citizens in the Pool of Justices must meet all qualifications to sit as Justice when selected, but do not have to be removed automatically from the Pool upon not meeting those qualifications.
4. The Pool of Justices must be posted publicly.

Section 4 — Executive Firewall
1. No citizen may sit on the High Court while serving as a Minister, Deputy Minister, or other executive appointment.
2. For the purposes of this section, serving as an officer in the military does not count as serving in an executive capacity, as long as their officer status does not grant them access to privileged Cabinet areas.
3. Membership in the Committee on State Security does not count as serving in an executive capacity. However, a CSS-member Justice must recuse themselves in cases where the CSS is a party.    

Section 5 — Procedures of the High Court
1. Procedures for the High Court, including how Legal Questions, criminal trials, and appeals are submitted and conducted, must be outlined in a General Law.
2. The High Court is primarily responsible for the production of its procedures, which must be presented to the Assembly. However, the Assembly may revisit those procedures at any time.

Section 6 — Recusals, Absenteeism, and Vacancy
1. In the event that the Permanent Justice must recuse themselves from a case, or is absent and unable to conduct business, an acting Justice will be selected from the Pool of Justices for that case.
2. The office of the Permanent Justice will be considered vacant upon resignation, recall, or excessive unannounced absenteeism that harms the functioning of the judiciary, in which case the Cabinet may appoint a new Permanent Justice to fill the remainder of the term.

Section 7 — Legal Question Procedures
1. Legal Questions may be submitted by any citizen to the Court when there is a question on what a law means or what is required or prohibited by the law.
2. When submitting a Legal Question, the Petitioner must include all relevant portions of law and the questions they seek to be answered.
3. Once submitted, the Permanent Justice will determine if the Legal Question is justiciable, or if the issues involved are too vague or of a political nature and must be denied.
4. Denial of a Legal Question may not be appealed, as no formal decision has been delivered, but the Petitioner may submit a new Legal Question that is justiciable.
5. If the Permanent Justice determines that the Legal Question is justiciable, they will analyze the issues and laws, and deliver an Opinion with all deliberate speed.
6. The Opinion of the Permanent Justice on a Legal Question may only be appealed on grounds of violation of procedural due process, a contradiction of law, or judicial misconduct.
7. If the Petitioner files for an appeal, an appellate Justice from the Pool of Justices will deliberate the validity of the appeal and decide to rehear the case, or uphold the original Opinion.
8. The Opinion on an appeal is final and may not be further appealed, except in cases of extreme judicial misconduct.

Section 8 — Filing of a Criminal Complaint
1. Any resident of The South Pacific may lodge a criminal complaint against an individual residing within the jurisdiction of The South Pacific, or have such done on their behalf by a representative. An individual doing such will be referred to as “The Complainant” and their representative as “Complainants Counsel” during the pre-trial period. An individual who has had a criminal complaint lodged against them will be referred to as “The Accused” and their representative as “Accused’s Counsel” during the pre-trial period.
2. The Complainant or Complainants Counsel must create a thread identifying the Accused party or parties, the criminal offence they believe the Accused has perpetrated, and presenting sufficient preliminary evidence to warrant a trial.
3. The Chief Justice will publicly acknowledge receipt of this complaint within 72 hours, and the High Court Justices will collectively determine whether sufficient preliminary evidence has been presented to warrant trial.
4. Should the evidence presented be deemed insufficient then the complaint will be rejected until such time that further evidence is presented.
5. Should the evidence presented be deemed sufficient then they will publicly state such, and further inform both the Complainant and the Accused or their representatives via personal message. At this point a case number will be assigned and a new thread created for the Pre-Trial stage and all subsequent stages.

Section 9 — Criminal Pre-Trial
1. Once the case enters the pre-trial stage the Complainant, the Accused, and their respective representatives will be referred to as “The Prosecution” and “The Defence”. The Complainant remains referred to as such, whilst the Accused will be referred to as “The Defendant”.
2. The Defence has one week to respond to the complaint once the pre-trial stage is entered. Should they not respond to the complaint then The High Court will proceed to formal trial, with a plea of not guilty automatically entered. In these circumstances The High Court will appoint a representative for the Defendant to act as the Defence instead.
3. In responding to the complaint the Defence must first enter a plea of either guilty or not guilty. Should the Defence enter a guilty plea then The High Court will move immediately to sentencing. A not guilty plea can be changed to a guilty plea at any point in time following this stage.
4. Subsequent to this both the Defence and the Prosecution may submit pre-trial motions, including but not limited to motions to dismiss the charges, requests for additional time, alter the charges and for one or more Court Justices to recuse themselves. Such motions should provide evidentiary reason to justify them, and will be considered by the Court Justices collectively. Such motions may be considered later at the discretion of the Court Justices, but will not be granted short of extraordinary circumstances outside of the pre-trial stage.
5. Once all pre-trial motions have been addressed the Defence and the Prosecution will have a period of at least one week to submit lists of intended witness and all other forms of evidence to the Chief Justice for review and approval. The Court Justices will collectively approve or deny each proposed witness and piece of evidence, and provide the approved lists to both the Defence and the Prosecution. The Defence and Prosecution both have the right to cross-exammine the others’ witnesses.
6. A period of time will then be allowed for the gathering of all witness testimony. This should be arranged via a means mutually agreeable to the Defence and the Prosecution, or failing this by a means determined by the Chief Justice.

Section 10 — Criminal Trial
1. The Prosecution will have one week to present their case, including all evidence and witness testimony.
2. The Defence will then have one week to cross-examine the prosecution's witness testimony and offer rebuttal to the Prosecution's case.
3. The Defence will then have one week to present their case, including all evidence and witness testimony.
4. The Prosecution will then have one week to cross-examine the defence's witness testimony and offer rebuttal to the Defence’s case.
5. The Prosecution will have one week to present their closing argument.
6. The Defence will have one week to present their closing argument.
7. The Chief Justice may permit delays upon request at his or her discretion.
8.The case will then proceed to verdict and sentencing.

Section 11 — Criminal Verdict
1. The Court Justices will collectively reach a verdict amongst themselves by majority decision with the Defendant to be found either guilty or not guilty
2. Should a guilty verdict be reached then the case will proceed to sentencing immediately.
3. Should no majority decision be reached then a mistrial will be declared. The Defendant is found neither guilty nor not guilty.

Section 12  — Criminal Sentencing
1. Upon reaching a guilty verdict the Court Justices will also pass sentence, to be announced at the same time.
2. Sentences involving bans more than a year in length shall be subjected to a review by the Parole Board, in accordance with guidelines stipulated in Article 7 of the Code of Laws.

Section 13 — Other Court Procedures
1. All verdicts will be accompanied by an explanatory opinion explaining how and why the High Court reached the verdict, and why any particular sentence was imposed. When a Court Justice dissents from a majority verdict they may attach a dissenting opinion. In event of a mistrial then the Chief Justice is responsible for providing the explanatory opinion as to the reasons behind the Court’s decision to declare a mistrial.
2. Should the Chief Justice be unavailable, absent, recused, or otherwise unable to preside over a case then a Court Justice will act in his stead.
3. Should a Court Justice recuse themselves then the remaining Justices will select a replacement from volunteering citizens. Should all Court Justices recuse themselves then the Appellate Justice will select replacements from volunteering citizens.
4. The Complainant must be a past or current resident of The South Pacific and their complaint must be related to The South Pacific.
5. The Defendant may or may not be a past or current resident of The South Pacific and the complaint against them must be related to The South Pacific.
#7

Formation of the Committee for State Security

Section 1 — Membership and Approval
1. Membership in the Committee for State Security (CSS) requires a nation with World Assembly membership in the region, and the approval of the Assembly.
2. The Delegate shall serve as an observer on the CSS, with no voting rights.
3. At all times, there should be at least seven and no more than 10 members for the Committee of State Security.
4. The Prime Minister is responsible for nominating members when needed.
5. Applicants for the Committee for State Security require a 60% majority vote in favor of admittance by the Assembly and a 70% favor in by current Committee for State Security (CSS) members.
6. At least two members of the Committee on State Security will be granted the Border Control power, which they are authorized to use in accordance with regional law.

Section 2 — Powers
1. The Committee for State Security is responsible for the internal security of The Coalition.
2. The Committee for State Security is responsible for establishing and and enforcing the endorsement cap.
3. The Committee for State Security may remove citizens from legislative seats with a 70% affirmative vote.
3. Council members must never exceed the amount of WA endorsements obtained by the elected Delegate.
4. The member will the second most number of endorsements shall act as Chair for the CSS.
5. The line of succession to the Delegacy is determined according to the WA endorsement levels of CSS members at the time in question, running from highest to lowest.

Section 3 — State of Emergency
1. In the event of a State of Emergency, the Delegate and Prime Minister must confer with the Committee for State Security (CSS) before carrying out any actions.
2. The Delegate may lower or increase the endorsement cap or ask that the region endorse a CSS member as a proxy.
3. The Delegate may also make statements to the region with regards to the situation, and delegate responsibilities or directives to other Cabinet members to ensure cohesion in the region.
4. A State of Emergency may be declared by a 70% vote in favor.
5. During a State of Emergency, actions may be taken through committee votes with 70% in favor, up to and including removal of elected officials.
#8

Formation of the South Pacific Special Forces

Section 1 — Structure of the South Pacific Special Forces
1. The South Pacific Special Forces, herein referred to as the SPSF, is established as the sole Armed Force within the Coalition of the South Pacific.
2. The SPSF will be led by the Minister of the Army and a panel of Generals, herein referred to as the General Corps, selected by the Assembly and serving a life term.
3. The Minister of the Army will recommend Citizens to serve in the General Corps upon the passage of this document and in the event of a vacancy. The nominee must be approved by the Assembly, which will recommend replacements if the reject a nomination.
4. The General Corps is responsible for the planning of and overseeing of all missions of the SPSF.
5. The SPSF must, at all times, observe our laws, policies, the charter and our legal and contractual obligations, defend The South Pacific, refrain from conduct abroad which contradicts foreign policy and make an effort to include, welcome and accommodate all citizens as members, regardless of their beliefs.
6. The SPSF will be permitted to carry out offensive, defensive, support, and various types of operations as seen fit by the Minister of the Army.
7. The SPSF will be responsible for carrying out all operations relating to a Declaration of War passed by the Assembly. A declaration of war is not inherently necessary for the SPSF to act against a foreign entity and/or organization.

Section 2 — South Pacific Special Forces Code of Conduct
1. Command Structure
  • The SPSF will be led by the Minister of the Army and a panel of three Generals, herein referred to as the General Corps.
  • Further ranks will be bestowed at the discretion of the General Corps.
  • All new SPSF members will be designated the rank of Trainee until such time as they have a a complete understanding of the Code of Conduct and NS military gameplay.
  • Beyond the MoA and General Corps, the rankings will be as follows from next highest on down; Officer, Soldier, Trainee.
  • The General Corps is responsible for the planning of and overseeing of all missions of the SPSF.
  • Officers can lead operations and give orders on behalf of The General Corps.
2. Requirements of Membership
  • SPSF members must have a nation residing in The South Pacific that is in full compliance with the Charter and Code of Laws.
  • Members must be able to join the WA with a nation for use in operations.
  • SPSF members are required to return their WA nation or WA status, if not being used, to a nation in The South Pacific and endorse the Delegate, Vice Delegate, and the CSS. Members are not forbidden to use it on other missions, but if not in use, they should reside in The South Pacific and endorse the relevant, aforementioned authorities.
  • SPSF members must treat each other with respect and offer assistance to one another whenever possible.
  • SPSF members are expected to sign in during roll call
  • SPSF member must never publish mission details, including upcoming, current and past, in any public area of the forum or any other regional or in-game forum, without first receiving special clearance from the Minister of the Army or the Generals.
3. Disciplinary Regulations, Procedures and Actions
  • Disciplinary Regulations
  • Aiding the enemy; Giving an enemy region or organization any information or assistance, in particular serving in enemy forces or spreading enemy propaganda.
  • Disgraceful conduct; Conduct unbecoming of a member of the SPSF.
  • Disobeying a lawful command; Intentionally or recklessly disobeying a lawful command.
  • Espionage; obtaining or attempting to obtain information of a confidential, restricted or private nature with the intent to disclose said information to an individual or individuals not authorized to possess it.
  • Ill-Treating Subordinates; Bullying, humiliating, degrading or using unnecessarily harsh behavior against a subordinate.
  • Misconduct towards a superior officer; Disrespectful behavior or communication to a superior officer.
  • Obstructing an operation; Putting at risk or otherwise delaying, disrupting or discouraging a lawful operation.
  • Failure to meet membership requirements; Failing to meet the SPSF requirements of membership.
4. Disciplinary Procedures
1. Discipline is at the discretion of the MoA and The General Corps and is limited to:
  • Demotion.
  • Dishonorable Discharge.
  • Honorable Discharge.
  • Private apology.
  • Public apology.
  • Suspension.
#9

Criminal and Penal Code

Section 1 — Criminal Code
1. Treason shall be defined as plotting against the Coalition, seeking to lower the delegate's endorsement count without his or her consent, breaking the endorsement cap after receiving an official warning, aiding any entity in which the Coalition is taking defensive action against, or any entity in which a state of war exists with.
2. Identity fraud shall be defined as a deception made of one's self, or knowingly abetting in another's claims to a false identity, wherein this fraud threatens the security of The South Pacific, or circumvents the laws and legal processes of The South Pacific.
3. Espionage shall be defined as an act of or attempt to obtain information that is confidential or not made publicly available for use by oneself or an entity one represents. Distribution of private information that originates on the South Pacific Forum without the express written permission of the Cabinet of the South Pacific shall be considered Espionage.
4. Blackmail shall be defined as demanding private gains from a player in return for not revealing compromising or injurious information.
5. Miscarriage of Justice shall be defined as a deliberate perversion of the justice system - conduct which prevents the judiciary from reaching a true and just result.
6. Organised crime shall be defined as involvement in a group or association with the intent of committing an unlawful act in The South Pacific.
7. Corruption shall be defined as the misuse of public office for private or personal advantage.
8. Electoral Fraud shall be defined as a manipulation of the democratic process in The South Pacific, wherein an organised body of abettors conspire to obtain citizenship with the intent to vote for private or personal advantage.
9. Vexatious Charges shall be defined as the filing of criminal charges against another player despite the filing party's knowledge that that said charges were meritless, frivolous, repetitive, and/or burdensome.
10. Conduct violations shall be defined as breaking in-game NationStates rules.

Section 2 — Penal Code
1. If found guilty of an act of treason, the offending nation will be immediately banned from the in-game region and offsite forums.
2. Conduct violations are punishable by immediate ejection and banishment from the region, albeit punished parties may appeal this decision to the court. In most cases, nations that appeal the decision and apologize should expect to have their ban lifted.
3. If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense.
#10

Election Act

The following act of law stipulates and overviews the general and specific procedures for all elections in The South Pacific.

Section 1 — General Elections
1. Elections for the delegate shall commence on the first of every January and July.
2. Elections for the Chair of the Assembly shall commence on the first of every February, June and October.
3. Elections for Prime Minister and Cabinet shall commence on the first of every March, July, and November.
3. Terms for all positions shall commence on the fifteenth day of the month of the election.
4. All elections shall consist of a pre-voting period lasting six days and a voting period lasting three days. Legislators shall have to declare their candidacy or accept their nomination within the first three days of the pre-voting period.
5. Candidates for elections may self-declare or be nominated by another legislator. Legislators must file a Conflict of Interest Disclosure at the time of their acceptance of a nomination or self-declaration.
6. Nominations may be accepted in absentia, as long as they are sent to the Election Commissioner at most two weeks before the start of the pre-voting period, and include a Conflict of Interest disclosure.
7. Conflict of Interest Disclosures must include current World Assembly Nation, all past and present aliases used, all past and present involvement in other regions and organizations, and all current positions held across NationStates.

Section 2 — Ballot Specificities
1. Voters shall list candidates from their most to least preferred on their ballot.
2. The winning candidates during a Cabinet Election race shall be the candidate, when paired up against any other candidate, who would surpass any other candidate in terms of support; if no such candidate exists, the winning candidate shall be determined by an instant-runoff vote. In the event of a tie the election for that office will be restarted immediately.
3. In elections for Prime Minister and Chair of the Assembly an option to re-open nominations will be included.
4. Delegate elections shall be run as outlined in the Legal Formation of the Head of State.

Section 3 — Vacancies
1. In the event that no candidate runs for an available office the newly elected Cabinet will appoint a Citizen to fill the vacancy.
2. Vacancies in office occur when the office holder resigns, is recalled, or no longer holds citizenship.

Section 4 — Election Commission
1. An election commissioner will be selected by the Chair of the Assembly, for Delegate and Prime Minister elections, and the Prime Minister for Chair of the Assembly elections.
2. Forum administrators and the Delegate should work with the election commission to provide access as needed.




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