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HIGH COURT OF THE SOUTH PACIFIC
[2206.HR] REVIEW OF THE CHAIR OF THE ASSEMBLY'S DECISION TO MARK A VOTE INVALID
SUBMISSION 19 MAY 2022


DOCKET NUMBER
2206.HR

REFERENCE NAME
Review of the Chair of the Assembly's Decision to Mark a Vote Invalid

PETITIONER
im_a_waffle1

APPEAL
Ruling on Vote Openings and Changes

CASE LINK
https://tspforums.xyz/thread-10467.html

DETERMINATION OF JUSTICIABILITY - DISCUSSION OPEN TO ALL JUSTICES
DELIBERATION RESTRICTED TO CHIEF JUSTICE KRINGLE (PRESIDING) AND JUSTICE GRIFFINDOR (SECONDARY)
Clearly justicable.
I would tend to agree, plus generally I lean towards whatever path leads to an opportunity for further review when it comes to review requests. Given the nature of the case I think expedited treatment would be in order.
Agreed. This case is definitely justiciable, and I concur with granting this case expedited treatment. This should be an interesting next week or two.
What do you both think on the issue of the rotation?
I can be either primary or secondary. Since I presided over the last three cases, I am sure we should have someone else preside. I am happy with being secondary.

I also would be unlikely to be as expedient as the region would probably like, especially considering how this will be an expedited case, if I were presiding. Tounge
I don’t know if I’m clear to preside or second, given how passage of the resolution would “benefit” me. I really would like to help offload some of the burden from you, but I defer to what you both think.
We aren’t deciding whether or not the GC resolution passes, but whether the Chair had the authority to either cancel a vote of a legislator, or extend/delay the close of a vote.

So just with that fact aside, you don’t have a glaring CoI that would potentially cloud your judgement. By that same idea, we might all potentially have a CoI since a GC could result in much of our precedent being rendered obsolete, but I don’t think that merits the Court from not fulfilling its duty to review an action by another branch/official in the government.

It just so happens that the vote for the GC is close and rests upon the outcome of this case. I’m fairly certain that this case still would have arisen even if the vote was more lopsided in one direction or the other.

If you still feel as if you have a CoI, I can act as primary. Perhaps if someone was to petition for the removal of one of us from the case, then we go from there. But I think it unlikely.
What does think?
I don't think you have a CoI. If it's going to be expedited I'd prefer not to be presiding but if it's under normal procedures I could be.
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