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**Belschaft** · 08-09-2014, 01:40 PM

Draft opinion;

Quote:
HCLQ14??
- ??.08.14 -

Petitioner
Tsunamy

Presiding Justice
Belschaft

Associate Justices
God-Emperor, Gustave Berr

"Since it has been codified by the Assembly that individuals cannot hold two governmental positions at the same time, it appears that there is a question as to whether or not an elected official must officially resign his position before assuming the next position. Or, is that simply implied by the election to the second position?"

Majority Opinion
Belschaft, ??God-Emperor??, ??Gustave Berr??
The High Court, having considered the question referred to it by Tsunamy in regards to the procedure relating to resignation when an incumbent official being elected to a second position, has reached the ??unanimous?? opinion that according to Article One, Clause Six of the Code of Laws (CoL-1.6) the incumbent in question must formally resign their office before assuming the one they have been newly elected to.

CoL-1.6 states as follows;

"No one can run for or hold more than one Cabinet position, or more than one Justice position, or both a Cabinet and a Justice position at any given time."

We believe that this language clearly and unambiguously prohibits an individual from holding multiple Cabinet positions, multiple Judicial positions or Cabinet and Judicial positions simultaneously. Whilst we believe that it allows an incumbent to run for and be elected to a different office, doing such does not in of itself constitute resignation of the existing office. Whilst such resignation is implicitly intended within the decision to seek election to a new office, it is not explicit, and a formal resignation must occur before the new office can be assumed. Similarly, until such time as the formal resignation has occurred a special election cannot begin for the existing office as it is not yet vacant.

Please either sign off on the above or otherwise asap.

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

PREVIOUS ROLES

Gustave Berr · 08-10-2014, 04:03 PM

I concur.

United States of Kalukmangala

Former High Court Justice

God-Emperor · 08-10-2014, 04:16 PM

As do I.

The Third Imperium
Journalist, South Pacific Independent News Network (SPINN)
Provost, Magisterium
Sergeant, East Pacific Sovereign Army
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Foreign Affairs Minister, The West Pacific