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Review Request (overturn a decision by a government institution or official) [2206.HR] Review of the Chair of the Assembly's Decision to Mark a Vote Invalid
#9

Honorable Justices of the Court,

Status of philipmacaroni's vote

I submit an amicus brief in support of the petitioner's argument to record legislator philipmacaroni's vote as an aye on A2205.02 "Assembly Resolution to Call a Great Council (Modified)". Before the deadline of 13 May 2022 at 18:08 Pacific Daylight Time, legislator philipmacaroni cast their vote as an aye and did not change their vote. It was not until after the deadline that the legislator requested their vote be switched to an abstain, a request made on 18 May 2022 at 18:21 Pacific Daylight Time. Honorable Chair Cryo, without providing any legal justification, decided that legislator philipmacaroni's aye vote on A2205.02 would not stand but instead be recorded as "present". Again, there is no legal pretext for this action, which the petitioner rightfully points out.

Retroactive votecasting by the chair

I also submit this amicus brief in support of the petitioner's argument to nullify any attempt by the honorable chair, Cryo, to cast a retroactive vote on A2205.02. As the petitioner rightfully argues, there is no existing provision in the Charter or any of the Coalition's laws that allows the chair of the Assembly to cast a vote after the deadline. Since Chair Cryo did not cast a vote in the five days that A2205.02 was at vote, the only legal conclusion to make is that the chair did not cast a vote and has no legal authority to make one after the deadline.

Interpretation of time

In this response to legislator Ryccia's amicus brief, I ask you not to entertain their interpretation of time. There is nothing vague in the duration of five days. If you were to use Google to convert five days into different units, you would find that it converts five days into 120 hours, 7200 minutes, 432000 seconds, and 432000000 milliseconds. All of these units are precise figures that interpret five days as five days, zero hours, zero minutes, zero seconds, and zero milliseconds and not a millisecond more or less. When the voting thread for A2205.02 "Assembly Resolution to Call a Great Council (Modified)" was created, it was done so on 13 May 2022 at 18:08 Pacific Daylight Time, and in this instant, the poll opened for legislators to cast their votes.

As petitioner im_a_waffle1 points out, Article 1, Section 3 of the Legislative Procedure Act states, "Constitutional laws, constitutional amendments, resolutions dealing with matters of constitutional law, and treaties will remain at vote for five days." In pursuance of this law, the poll remained open until 18 May 2022 at 18:08 Pacific Daylight Time. Legislator philipmacaroni attempted to change their vote on 18 May 2022 at 18:21 Pacific Daylight Time, which is roughly thirteen minutes after the poll automatically closed due to having been open for exactly five days.

Legislator philipmacaroni could argue that the deadline mentioned in the thread was 18 May 2022 at 18:30:03 Pacific Daylight Time, and while it is true that this was the deadline specified in the post, it conflicts with the timestamp of the thread in which the poll was created. Cryo, the honorable chair of the Assembly, stated that the discrepancy was accidental. As such, the true deadline was 13 May 2022 at 18:08 Pacific Daylight Time. The Legislative Procedure Act stipulates that resolutions such as A2205.02 must be voted upon for the duration of five days, not five days and twenty-two minutes. It is for this reason I ask you not to accept legislator Ryccia's interpretation of time.
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Messages In This Thread
Notice of Reception - by Kris Kringle - 05-19-2022, 10:57 PM
Determination of Justiciability - by Kris Kringle - 05-20-2022, 06:25 PM
RE: [2206.HR] Review of the Chair of the Assembly's Decision to Mark a Vote Invalid - by Jay Coop - 05-20-2022, 09:23 PM
Opinion - by Kris Kringle - 05-26-2022, 09:56 PM



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