The Assembly,

Recently, declarations closed for the 2022 January Delegate election, with only one valid candidate entering the election. Accordingly, this created legal ambiguity about how to proceed with the next round of the Delegate election.

Thus, seeking to address this time-sensitive issue of an ambiguity in a law in a way which is minimally invasive and avoids further delaying the process of the January 2022 Delegate election, the Cabinet has issued an executive order pursuant to its authority under Article VI(16) of the Charter. The executive order may be found here and is also reproduced below:

the South Pacific,

Having observed that the January 2022 Delegate election's forum-side round only has one valid declared candidate,

Concerned by the Elections Act not explicitly considering the case where only one candidate enters the forum-side vote,

Believing that Legal Question 2201.HQ, which asks the High Court for guidance on this matter, cannot be reasonably adjudicated before the conclusion of this election,

Aware that the forum-side vote has already been started by the Election Commissioner,

Asserting its authority under Article VI Section 16 to address immediate and pressing issues created by ambiguity or holes in a particular law by use of an executive order,

Fulfilling its obligation of unanimous consent under that same section,

Guided by a principle of least disruption,

Hereby:

Amends the Elections Act through executive order to include the following sub-section to Article 3 Section 2 of the Elections Act:
g. If there is only one candidate for Delegate in the first round of Delegate elections, the Assembly will vote whether to approve that candidate or re-open nominations. If the candidate receives less than 50% approval, the option to Re-Open Nominations will be "approved", and the process shall begin again at the campaign and debate period. If the candidate receives greater than 50% approval, the Election Commissioner will initiate a second round of voting conducted via a week-long poll of Native World Assembly members, with the options of the approved candidate and Re-Open Nominations. If the option to Re-Open Nominations receives the majority of the votes in the regional poll, then the process of electing a Delegate will begin again at the campaign and debate period.

According to Article VI(16) and Article VI(17) of the Charter, this executive order currently has the force of law but is now presented to the Assembly for three days of debate, followed by a vote to determine if it will be incorporated into law.

Chair, with the power vested in me as Prime Minister of the Coalition, I declare that the Cabinet has in good faith unanimously passed the above executive order in accordance with per Article VI, Section 16 of the Charter of the Coalition of the South Pacific, and request that the corresponding Assembly procedure is initiated.

Faithfully yours,
HumanSanity

Minister of Foreign Affairs
General of the South Pacific Special Forces
Ambassador to Balder
Former Prime Minister and Minister of Defense

(This post was last modified: 01-17-2022, 01:40 PM by The Haughtherlands.)

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Can the Cabinet please post their proposed amendment in accordance with the Law Standards Act?

I think if we're going to close holes here, we need to decide what to do if nobody else is going to run in a RON scenario. If it's still just that same candidate, are we just going to repeat the same election and hope the outcome is different?

(Also, just so nobody in the future is confused... even though the Cabinet is using "amends" language, executive orders do not amend laws. Only the Assembly can amend laws. The Cabinet is using an executive order to clarify an ambiguity or hole in the Elections Act, because there is an imminent issue that cannot be avoided without doing so. (In this case, the Elections Act doesn't say explicitly what should be done if only 1 candidate runs.) The Elections Act is only amended if the Assembly votes to incorporate the Cabinet's order into the law.)

(This post was last modified: 01-09-2022, 04:10 PM by sandaoguo.)

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(Also, just so nobody in the future is confused... even though the Cabinet is using "amends" language, executive orders do not amend laws. Only the Assembly can amend laws. The Cabinet is using an executive order to clarify an ambiguity or hole in the Elections Act, because there is an imminent issue that cannot be avoided without doing so. (In this case, the Elections Act doesn't say explicitly what should be done if only 1 candidate runs.) The Elections Act is only amended if the Assembly votes to incorporate the Cabinet's order into the law.)

I wrote that part of the EO and - mea culpa - you're right! The EO doesn't amend the Elections Act, but rather while the EO is in effect, the Elections Act should be read as if it included that sub-section.

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This is now at vote.

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This has passed.

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