We may need to make alterations to Article 2.9 because our Bill of Rights, in all of its grand liberty, restricts the right to vote exclusively to citizens. Given how useless it is as clause (it doesn't enfranchise anyone, it just disenfranchises people), I think one idea would be to simply remove Article 2.9. Alternatively, it could be rewritten to suggest only citizens have a right to vote in elections. I'd still argue, however, that a clause dedicated to disenfranchising people has no place under a Bill of Rights and doesn't need to be stipulated.

I'm curious what others think with regards to that...

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I think I would leave the runoff for a future discussion.

1. Because we could be considering electoral reform in the future which would replace the need for runoffs.
2. Because it'd complicate the proposal more. Best work out the kinks later, as opposed to proposing something too unwieldy to begin with. 
3. I'm not sure that bloke would run a second time if he just went through two really unfortunate votes.
4. It's unlikely to become an issue.

I actually think it could be updated with a quick change to the election law. As it stands, the Chair doesn't need 50%+1 of the vote ... it just needs a plurality. So this could become a serious issue unless we're not electing Chairs with the rest of the Cabinet.

-tsunamy
[forum admin]

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I think I would leave the runoff for a future discussion.

1. Because we could be considering electoral reform in the future which would replace the need for runoffs.
2. Because it'd complicate the proposal more. Best work out the kinks later, as opposed to proposing something too unwieldy to begin with. 
3. I'm not sure that bloke would run a second time if he just went through two really unfortunate votes.
4. It's unlikely to become an issue.

I actually think it could be updated with a quick change to the election law. As it stands, the Chair doesn't need 50%+1 of the vote ... it just needs a plurality. So this could become a serious issue unless we're not electing Chairs with the rest of the Cabinet.

It can be. But I thinking of doing it as an amendment down the road. As opposed to attaching more preconditions on the proposal - we may need to attach a constitutional amendment to the Bill of Rights too, bear in mind. 

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It can be. But I thinking of doing it as an amendment down the road. As opposed to attaching more preconditions on the proposal - we may need to attach a constitutional amendment to the Bill of Rights too, bear in mind. 

Yes ... but let's add this (in blue). And we're done.

Section 2 - Position Specificities

1. The Delegate and Vice Delegate will run on a joint ticket and be elected by a majority vote of the Assembly. If no ticket receives a majority vote a runoff election with the two tickets receiving the most votes will occur.
2. Cabinet offices will be voted on separately by The Assembly and be elected by a plurality vote.
3. Court Justices will be voted through a single ballot in The Assembly, with the three candidates who receive the most votes winning seats.
4. The Legislative Chair will be elected by a vote of 50%+1 in the Assembly subject to an approval vote of 50%+1 of the Legislative Chair-designate in the General Congregation. If no candidate receives a majority vote in the Assembly, a runoff election with will occur.

5. The Assembly may by a majority vote of 75% in favour override the decision of the General Congregation in the event of a failure to approve the Legislative Chair-designate.
6. In the event that the override vote fails to achieve the majority vote of 75% or the Legislative Chair-designate withdraws their candidacy nominations for the Legislative Chair will be reopened in the Assembly.
7. In all elections an option to re-open nominations will be included. For non-judicial elections, if this option receives the most votes the nomination period for that office will be restarted.
8. For Court Justice elections, if the option to Re-Open Nominations receives enough votes to be placed within the top four, then the nomination period will be restarted for all seats with lesser votes than this option. The candidates who receive the top votes will win however many seats are left to be filled.

We're already changing the CoL, might as well add the additional line. Other aspects can certainly be changed later.

-tsunamy
[forum admin]

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Fine, I don't see the point, but fine.

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"a runoff election with will occur."

Think you have a bit of a mistake there Tsu.

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I've added in Tsu's words in blue (with the error spotted by Aram corrected) in Post #24 as I think it closes a problem before it arises. If the election rules need tweaking separately then it should be a fairly simple matter to make the necessary alterations.

(This post was last modified: 01-22-2015, 06:34 PM by Overseer Staedtler.)

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I've amended the original proposal in Post #1 of this thread as the changes have been made and kept a change log there for information. For clarity, I'm also reposting the proposal here, which is identical to Post#1.

I'd like to thank everyone who took the time to comment and contribute to the evolution of this Bill, and in particular TSU who's proposals form the core of this one. Whatever happens from here, I'd like to thank everyone for making me feel welcome. It's been a really positive experience developing this Bill.  

In summary, this Bill offers an evolutionary first step in the development of a bicameral legislature with modest (but significant in terms of the principle) opportunities for a RMB legislature while still maintaining safeguards to protect the interests of the Assembly and TSP as a whole.

FINAL BILL

Article 3: Legislature

Section 1 - Construction of the Legislature
1. The legislature will consist of a bicameral legislature in which any nation in The South Pacific make participate.
2. The legislature will consist of a forum-based house, hereafter referred to as the Assembly, and a game-based house, hereafter referred to as the General Congregation.
3. The Assembly will consist of citizens as designated by the Charter.
4. The General Congregation will consist of all native residents of The South Pacific.

Section 2 - Powers of the Legislature
1. The Legislature is responsible for the discussion of General Laws, and amendments to the Charter and Code of Laws.
2. The Legislature may pass and amend a Law with a vote resulting in 50% + 1 in favor, in both houses.
3. The Legislature may amend the Charter with a vote resulting in a 75% majority in favor, in both houses.
4. If the General Congregation rejects a Law or Amendment, the Assembly may override the failure. A 75% majority vote in favor of an addition or change to the Code of Law and a 75% majority vote in favor of an Amendment to the Charter will be required to override the General Congregation.
5. Proposed legislation may be moved to a vote by the Legislative Chair after a Motion and a Second to vote is lodged in either house.
6. The voting period will last three days for all General Laws and five days for Amendments to the Charter.

Section 3 - Powers Reserved for the Assembly
1. The Assembly is responsible for the drafting General Laws, and amendments to the Charter and Code of Laws.
2. The Assembly has the sole power to declare a state of war exists with another region or organization.
3. The Assembly has the sole power to pass a treaty with another region or organization.
4. The Assembly may by a vote of 50%+1 approve a resolution to debate any proposed treaty or declaration of war with another region or organisation in private session.
5. The Assembly may by a vote of 50%+1 resolve to consult the General Congregation on any proposed treaty or declaration of war with another region or organisation.
6. The Assembly may override the denial or Cabinet removal of citizenship upon the affected nation appealing and a vote resulting in a 75% majority in favor.
7. Declarations of War and Treaties require a 60% majority in favor by the Assembly to be enacted or repealed.
8. The voting period will for last five days Declarations of War and Treaties.

Section 4 - Legislative Chair and Duties of the Chair
1. The Legislature will elect a Chair which, in conjunction with the Delegate, will be responsible for the administration of all aspects of the drafting, debate, and passage of legislation.
2. The Legislative Chair has the clerical duty to maintain the Charter, Code of Laws, and all subsidiary documents, ensuring that all laws comport with proper standards and formatting, and all minor changes made are publicly recorded.
3. The Legislative Chair will serve on the Cabinet and act as the Legislative Liaison between the Cabinet and Legislature.
4. The Chair will serve a term lasting four months.
5. Procedures for the election of the Chair must be defined in Code of Laws.

Section 5 – Contradicting Legislation
1. The Chair shall use their discretionary powers to avoid opening votes on contradicting legislation or resolutions simultaneously.
2. If multiple, contradicting proposals have been proposed, the Chair may elect to hold a plebiscite to decide which proposal shall be voted on first.  

Change to the COL:

Article 1: Elections

Section 2 - Position Specificities
1. The Delegate and Vice Delegate will run on a joint ticket and be elected by a majority vote of the Assembly. If no ticket receives a majority vote a runoff election with the two tickets receiving the most votes will occur.
2. Cabinet offices will be voted on separately by The Assembly and be elected by a plurality vote.
3. Court Justices will be voted through a single ballot in The Assembly, with the three candidates who receive the most votes winning seats.
4. The Legislative Chair will be elected by a vote of 50%+1 in the Assembly subject to an approval vote of 50%+1 of the Legislative Chair-designate in the General Congregation. If no candidate receives a majority vote in the Assembly, a runoff election will occur.
5. The Assembly may by a majority vote of 75% in favour override the decision of the General Congregation in the event of a failure to approve the Legislative Chair-designate.
6. In the event that the override vote fails to achieve the majority vote of 75% or the Legislative Chair-designate withdraws their candidacy nominations for the Legislative Chair will be reopened in the Assembly.
7. In all elections an option to re-open nominations will be included. For non-judicial elections, if this option receives the most votes the nomination period for that office will be restarted.
8. For Court Justice elections, if the option to Re-Open Nominations receives enough votes to be placed within the top four, then the nomination period will be restarted for all seats with lesser votes than this option. The candidates who receive the top votes will win however many seats are left to be filled.

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Thank you so much for your hard work on this.

I really do like your final draft. I do hope that we get to see more of you around here.

My one and only Minion is Rebs.
Now to reclaim my crown.
It is a location joke.
All those who wander are not always lost...
The voices inside of my head get along with the monsters under my bed that do bone dances with the skeletons in my closet while the disco ball hangs by a thread...
one of the1st Delegates of TSP...she went crazy..naw she was already bonkers...

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Thank you so much for your hard work on this.

I really do like your final draft. I do hope that we get to see more of you around here.

Thank you!

I think the proposal is pretty much there in terms of its final form but with the extra time now granted for the Great Council I thought it might be worth saying that if anyone has any further suggestions for improving the proposal then I'm happy to consider them.  

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