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TAC Saxton · 07-13-2015, 11:45 AM

http://thesouthpacific.x10.mx/thread-2828.html

This question was submitted by Farengeto, in regards to Article 3.2 of the Election Act.

(07-12-2015, 10:59 PM)Farengeto Wrote: Honourable Justices,

According to the Code of Law special elections occur as follows:

Quote:2. Vacancies in office occur when the office holder resigns, is recalled, or no longer holds citizenship. In the event of a vacancy in office a special election will begin within 72 hours of the office becoming vacant, unless the vacancy occurs in the month prior to the start of the term for the position in question; in this case the Cabinet will appoint a Citizen to fill the vacated position for the remainder of the term.
For the purposes of this article, when does "in the month prior" refer to, particularly in the context of judicial special elections?

"unless the vacancy occurs in the month prior to the start of the term for the position in question"

Now, because of how it is worded, I am of the belief that it applies to any time during the month prior to the start of the term, regardless of what is implied.

We should also recommend it be taken to the Assembly to be amended for clarity.

I am a Super Villain

Hileville · 07-13-2015, 12:03 PM

I think I might need to sit this one out because I stated my belief in it before the question was filed.

TAC Saxton · 07-13-2015, 12:27 PM

If that is your decision, we will have to petition The Assembly to appoint an Acting Justice.

I am a Super Villain

Apad · 07-17-2015, 12:36 PM

With Hopo's appointment now confirmed, we can move forward with this question.

With that in mind I agree with TACs take on this. The wording on this to me means anytime in the prior month. I dont buy the 30 day argument.

Apad
King of Haldilwe

Hopolis · 07-17-2015, 02:33 PM

Hi all,

I also don't agree with the 30 day argument.

The Charter tends to be specific where it has a specific limited timeframe in mind. For example, it says 72 hours not 3 days when it means 72 hours. If the Charter meant 30 days it would say 30 days. Also, the use of the wording "in the month prior" to me would seem to very clearly mean anytime in the month preceding the election (i.e. any point in July).

I've had a look through the archive and can't see that I'm missing any precedent in terms of previous legal questions.

I think we've got ourselves a decision? Cool

Given the current elections going on, I think it would be good if we could get a decision drafted as soon as possible and put this one to bed?

TAC Saxton · 07-17-2015, 02:37 PM

I'm writing up a draft right now.

I am a Super Villain

TAC Saxton · 07-17-2015, 03:00 PM

[Image: HCSeal.png]

[HCLQ1513]

July 17th, 2015

Petitioner

Farengeto

Presiding Justices

Apad, TAC and Hopolis (Acting Justice)

Non-Presiding Justice
N/A

Question: when does "in the month prior" refer to, particularly in the context of judicial special elections?

Majority Opinion

Apad, TAC and Hopolis (Acting Justice)

Quote:2. Vacancies in office occur when the office holder resigns, is recalled, or no longer holds citizenship. In the event of a vacancy in office a special election will begin within 72 hours of the office becoming vacant, unless the vacancy occurs in the month prior to the start of the term for the position in question; in this case the Cabinet will appoint a Citizen to fill the vacated position for the remainder of the term.

The Court has unanimously agreed that "in the month prior" to the start of the term for the position in question; does not refer to "thirty days prior" to the start of a term, instead it refers to any point in the month prior to the start of a term.

Thoughts?

I am a Super Villain

Apad · 07-17-2015, 03:45 PM

I have no objections to this draft

Apad
King of Haldilwe

Hopolis · 07-17-2015, 04:03 PM

I also have no objections to the draft.

I guess that's my time as an acting justice done! Angel