Currently gameside LC elections are govered by the 2 year old LC Elections Laws found at https://www.nationstates.net/page=dispatch/id=815384
This is a very different law from the Forum side Elections Act which governs all other government positions.
These differences have given rise to numerous court complaints and Legal Questions, namely:
HCRR1804 Review of the Certification of the November 2018 Local Council Election
http://tspforums.xyz/thread-6620.html
[CC] [1907] Concrete Slab v. New Haudenosaunee Confederacy
http://tspforums.xyz/thread-6929.html
[LQ] [ 1912] Identity Theft and Concealed Identities
http://tspforums.xyz/thread-6986.html
These differences in the game side election law and the apparent loophole this leaves in LC elections prompted me to post a poll to have gameside formally adopt the forumside Elections Act.
Should the Election Commission have jurisdiction to settle Local Council election-related disputes by the Local Council formally adopting the forum side Elections Act?In Cabinet, Assembly, and Delegate elections, regulated under the Elections Act, the Election Commission is empowered with original jurisdiction over election-related disputes (Article 1.5). This provision does not exist within the Local Councils Elections Law, which only tasks the Election Commission with organizing the technical aspects of elections. Should the Local Council pass a law accepting the jurisdiction of the forum side Elections Act (found at http://tspforums.xyz/thread-4112.html) over Local Council Elections?This poll posted here:
https://www.nationstates.net/page=poll/p=139171
This region chose overwhelming to not just reject extending the forum side Elections Act, and rather than accept the second "status quo" option the region, by a wide margin, chose the option that directed the LC to develop new game side election regulations.
This thread is a place to propose ideas and discussion what new game side election regulations you would like to see adopted. I encourage anyone making proposals of specific text also publish a dispatch on game side so that your proposals can be seen more widely game side.
Legislator | Local Councilor | Aspiring TSP Curmudgeon
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(This post was last modified: 03-24-2019, 04:45 AM by Volaworand.)
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I've made this Google Doc outlining my proposed changes to the LC Elections Laws. Additions are in green. Subtractions are in red. Please comment or make suggestions via the comment or suggest feature.
Midwesterner. Political nerd. Chipotle enthusiast.
Minister of Culture of the South Pacific // Former Prime Minister
Hello LC, I am delighted to offer a proposed LC elections Act and a code of conduct, which together with Praries proposal may promote further discussion.
Local Council Elections Act
An Act to provide for elections of members to the Local Council and related matters.
Article 1: Timing of Elections
1. Elections will be held every June, October, and February. The exact date will be decided by the sitting LC, but the nominations period must start at some point during these months.
Article 2: Election Process
Section 1: Appointment of an Elections Commissioner
1. On or before the first of the month in which an Election is to be held, the sitting LC must appoint an Elections Commissioner:
• to promote awareness of matters relating to elections by dispatches and RMB posts or any means it chooses so long as it remains impartial; and
• to publish material on matters relating to the Election, including (but not limited to) processes and procedures (provided these accord with the provisions of this Act), candidates conflict of interest statements and campaigns; and
• To organise and conduct the public ballot/s, and declare the results of the public vote.
1A. The sitting LC must appoint a nation of upstanding moral character to the position of Elections Commissioner, who must uphold the values of the South Pacific.
2. For the purposes of clarity, the Elections Commissioner is neither an elected nor prohibited position, meaning that the Elections Commisioner may hold another elected position with the South Pacific whilst fulfilling the functions as LC Elections Commissioner.
2A. The appointed Elections Commissioner may not run as a candidate in an election they are overseeing.
2B. To avoid a conflict of interest, a sitting Local Councillor may not be appointed to the position of Elections Commissioner.
3. The Elections Commissioner's tenure automatically expires 7 days after the official final declaration of results.
Section 2: Eligibility of Candidates
1. A candidate may only run for one seat on the LC.
2. Nobody holding the following positions may run for the LC:
• Cabinet Minister
• Deputy (or equivalent) Minister
• Delegate
• Chair of the Assembly
• Justice of the High Court
3. The CRS can prevent any candidate from running if they deem them to be a security threat.
4. To be eligible, any nation running must be a resident of The South Pacific, and all candidates must file a Conflict of Interest disclosure, detailing their positions in other regions.
Section 3: Nomination and Campaign Period
1. Prior to the opening of the first voting period of the LC election, there will be a period of not less than 4 days where residents can nominate candidates, and candidates can accept nominations, which will commence after a region-wide telegram sent by the Election Commissioner.
1A. No campaigning may take place prior to the nomination period.
1B. A candidate who accepts a nomination in this period, must refrain from campaigning during this period, and the sitting LC may suppress posts which include campaign material posted during period, without the requirement to unsuppress at a later time.
2. This will be followed by 4 days where candidates can accept nominations, and can campaign, which will commence after the Election Commissioner has notified every nation that has been nominated.
Article 3: Voting
1. The election will be three gameside polls, each lasting three days. the winner of each poll will be elected onto the Local Council, and all remaining candidates will move on to the next poll, until three candidates have been elected.
1A. If there are three candidates or fewer, all candidates will be automatically elected.
1B. If there are fewer than three candidates, the Delegate will assign any remaining spaces on the Local Council which need to be filled.
1C. If there are between four and eleven candidates, the election will occur as stated.
1D. If there are more than eleven candidates, the vote will be split into two three day polls with the top eleven vote-receiving candidates continuing onto the set of normal voting periods.
2. Re-open nominations (RON) must be an option on all of the three normal voting periods
3. In the event of a tie, all tied candidates will be elected unless this takes the number of Local Councillors to greater than three
3A In the event that a tie results in the number of candidates elected to Local Council prior to that poll being greater than three the Elections Commissioner will discuss with the Delegate and any Local Councillor elected from previous rounds as to whether tied candidates should be elected or a separate three day poll for the tied candidates should be held.
4. In the event of RON winning a poll, any candidates elected prior to that poll will be allowed to take their place on the Local Council without running again, and the nominations would re-open for the remaining places.
Article 4: Tenure
1. Any Local Councillor can serve a maximum of two consecutive terms.
1A. If they serve that maximum, they must wait for one full term before they can run for the LC again.
2. Any former member of TSP's cabinet must wait one full LC term after leaving the cabinet before they can run for the LC.
Article 5: Special Elections
1. In the event that a Local Councillor is removed, barred or expelled from office or resigns, a special election shall be held following the processes set out in this Act for the remaining period of the tenure.
Conduct of Parties
South Pacific Elections Code of Conduct
Introduction and Remit
This code of conduct sets out the expectations of candidates and citizens during an election campaign for Local Council.
The code of conduct is not legally binding, however all South Pacificans are expected to follow the guidelines contained within.
Failure to follow the code of conduct may be used by the Elections Commissioner and/or any member of the Council on Regional Security, or official of the South Pacific as a reason to support any disciplinary matter.
Nothing within this code of conduct should be construed as pertaining to forum elections, nor exceeding the limitations set out within the Charter of the Coalition.
This code of conduct should be read in conjunction with the laws of the Local Council.
1. Candidates
Candidates are expected to make themselves aware of the Local Council election laws
In line with Local Council laws, all candidates must prepare a conflict of interest statement detailing all their positions and interests in other regions. This includes details of all puppets and positions of power, past and present. Candidates must declare they will uphold the laws of the South Pacific.
All candidates are expected to present a 'manifesto' or 'campaign dispatch' (other formats are also acceptable) which provides information to citizens on the candidate and how the candidate expects to operate in the role.
Candidates are expected to present a positive position on their views and expectations in the role.
Candidates must not blackmail or seek to blackmail voters or other candidates by means of embarrassment or the use of compromising or injurious information.
Candidates must not pay for votes or suggest payment for votes, this is corruption.
Candidates must not commit electoral fraud, which is the manipulation of the democratic process in an unfair or egregious manner.
Whilst negative campaigning is not illegal it is discouraged. Negative campaigning may fall foul of NS rules particularly in relation to defamation, slander or bullying/harassment. The rules and etiquette guide of the RMB must be followed at all times.
Telegramming individual nations seeking their vote is not illegal, but is generally discouraged. Mass telegrams may not be used in the election process.
All candidates should maintain an element of professionalism during their campaigns. In saying this, it is acknowledged that playfulness, sarcasm and role-playing are an important part of the election process. Such elements can be used, however care must be taken by candidates as to the appropriate use of such elements.
Candidates must not employ or request citizens or external parties undertake actions on their behalf as to overcome the limitations set out in this code.
2. Citizens
Citizens are strongly encouraged to read the manifestos and campaigns of the candidates and to choose the candidate they feel will best represent them in the local council.
Citizens are permitted to show their support for one or more candidates and are encouraged to show their support in a respectful and appropriate manner on the RMB whilst being cognisant of the etiquette and rules of the RMB.
Citizens must not seek payment for their vote or seem to blackmail or corrupt any candidate.
Citizens must not manipulate the process of the election in a manner which may bring the process into disrepute or in any way question the validity of the election process.
Citizens must be respectful to all candidates, even those who hold views significantly different to their own.
Citizens should understand that candidates may use role playing, sarcasm, or other means as a way to win votes. Not all posts, campaigns, etc, should be taken literally.
3. Elections Commissioner
Candidates and/or Citizens may raise a complaint regarding potential breaches of the code of conduct with the Elections Commissioner.
The Elections Commissioner has sole discretion as to whether to pursue a complaint or not.
The Elections Commissioner may refuse to consider complaints on any grounds, including that they are vexatious, repetitive or without substance.
The Elections Commissioner may approach the CRS, Cabinet, High Court or any other person or citizen the Commissioner deems appropriate for advice, guidance or support in considering a complaint.
The Elections Commissioner in finding any violation of law or guideline may remove any candidate from the election process should the commissioner consider the actions of any candidate warrant such action. The Elections Commissioner may choose to issue a warning to a candidate rather than removal.
The Elections Commissioner in finding any violation of law or guideline may invalidate, cancel or rerun any poll should the commissioner consider the actions of any candidate or citizen warrant such action.
If the Elections Commissioner deems it appropriate, the Commissioner may pass the matter to the CRS, High Court or Cabinet.
Candidates and Citizens must respect the position of the Elections Commissioner. The Elections Commissioner decision is final, save the measures limited by the Charter.
(This post was last modified: 03-22-2019, 09:59 PM by Beepee.)
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Amerion
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What is the due date for these proposals?
Well initially this was going to be a project after the one month test of the new relaxed rules on RP and profanity RMB guidelines came to an end the first week of the month.
Given recent Court developments, we're looking at options. I have little appetite for a new election under the current act. I'm thinking that the current LC might appoint an interim member to the LC, finish work on this project and then proceed to a special election to permanently fill the third seat.
Of course this would assume the Region approves a new gameside election act proposal and doesn't send this whole project back to the drawing board. I really though we'd just adopt the forum side law and be done with it... but I read the room incorrectly so here we are.
I will bring up setting a deadline at our meeting today.
Legislator | Local Councilor | Aspiring TSP Curmudgeon
Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services
Of course this is perfectly within your remit to appoint the LC,imo.
Also remember, The Local.Council does not require the approval of the citizens to implement laws. If theres one you and auphelia like or agree on you can publish it.
(03-24-2019, 03:50 AM)Beepee Wrote: Of course this is perfectly within your remit to appoint the LC,imo.
Also remember, The Local.Council does not require the approval of the citizens to implement laws. If theres one you and auphelia like or agree on you can publish it.
True... which is why I'm seeking input here. The unchecked power of the LC accually distresses me a lot.
For example, in the current law, and both these proposals by yourself and Prairie: what is to prevent me from appointing one of my own puppets as Election commissioner? Nothing that I can see, accually. (well, beyond the threat of court complaints that would invariably result).
I'd like to close that glaring loophole, otherwise the next election could be overseen by Not Auphelia or Le Front de Liberation du Midand.
Frankly We could just take that out of the LC's hands by recognizing that the Election Commissioner selected by the CRS for forumside also is accepted on gameside. I trust the CRS completely.
I'd also like to add some terminology that changes to the election act require approval by a three day in game poll, perhaps even requiring a 3/5ths majority to change. Nothing checks unchecked power like democracy.
Legislator | Local Councilor | Aspiring TSP Curmudgeon
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(This post was last modified: 03-24-2019, 05:17 AM by Volaworand.)
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*whispers* never trust the CRS completely.... I've heard they dont have any biscuits! 
I think in general, having Gameside agree a law by vote is the way to go. However, I seem to recall PS got frustrated with trying to get the laws approved , as there was never a consensus and i think he said it was wearing. That always worried me about vote part fo all LC legislation.
If youd like to change the CRS to pick the elections commission, that's absolutely fine. I'd tried to cover this with the sitting LC may not be EC at 2.1.2B of my proposal. (Also Theres also nothing to say that the CRS couldnt also pick FLM as EC.)
This would result in two changes to the legislation I proposed:
1. On or before the first of the month in which an Election is to be held, the CRS must appoint an Elections Commissioner:
1A. The CRS must appoint a nation of upstanding moral character to the position of Elections Commissioner, who must uphold the values of the South Pacific.
Ive drafted up some terminology for the 3/5 majority clause.How about:
Article 6: Amendments to this Act
1. Proposed changes or amendments to this Act must be ratified by a 3/5th majority in a gameside poll lasting 3 days and with the electorate limited to native residents of the South Pacific.
I'll change these on my dispatch so Auphs can see them
(This post was last modified: 03-24-2019, 07:51 AM by Beepee.)
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(03-22-2019, 06:09 PM)North Prarie Wrote: I've made this Google Doc outlining my proposed changes to the LC Elections Laws. Additions are in green. Subtractions are in red. Please comment or make suggestions via the comment or suggest feature.
just getting a chance to accually dig into this.
Why would you like the removal of the waiting period for Cabinet members running for LC? It seems reasonable to me that they are under the same sort of waiting period as term limited LC-ers?
Why extend the official Nomination period to 7 days? Are we losing potential quality people with the 4 day period?
Just trying to understand if these solves a problem I don't know that we don't have... in the last three LC elections at least all had very large pools of good candidates running.
Legislator | Local Councilor | Aspiring TSP Curmudgeon
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(03-24-2019, 08:29 AM)Volaworand Wrote: (03-22-2019, 06:09 PM)North Prarie Wrote: I've made this Google Doc outlining my proposed changes to the LC Elections Laws. Additions are in green. Subtractions are in red. Please comment or make suggestions via the comment or suggest feature.
just getting a chance to accually dig into this.
Why would you like the removal of the waiting period for Cabinet members running for LC? It seems reasonable to me that they are under the same sort of waiting period as term limited LC-ers?
Why extend the official Nomination period to 7 days? Are we losing potential quality people with the 4 day period?
Just trying to understand if these solves a problem I don't know that we don't have... in the last three LC elections at least all had very large pools of good candidates running. 1. Considering those rules don't exist for the LC (a Local Councillor doesn't have to wait a term to run for Cabinet) I think it would be a two-way street.
2. My intention was not only to find more quality canidates, but to allow the CRS and the general populace more time to find a canidate who isn't honest in their CoI/is a security threat.
Midwesterner. Political nerd. Chipotle enthusiast.
Minister of Culture of the South Pacific // Former Prime Minister
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