I've brought forth an amendment to clarify who is a resident and who is a citizen in TSP given the recent ruling by the High Court. I don't believe the current wording in the Charter and our laws are sufficient in defining who is a member. Instead, we've had to rely on the High Court to define this term.

THE CHARTER OF THE SOUTH PACIFIC

...

III. RIGHTS AND FREEDOMS

Establishing citizenship and residency in the South Pacific.

(1) Residents of the South Pacific shall be those individuals with a nation that resides within the region in good faith.

(2) Citizens of the South Pacific shall be those individuals who maintain native World Assembly membership in the region, as defined by NationStates, in good faith or who are registered as a Legislator of the Assembly.

Recognizing the democratic rights and freedoms of all citizens and residents members of the Coalition.

(3 1) All residents members of the South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable moderation policies.

(4 2) The right to a fair trial and defense against criminal accusations will not be abridged. No resident member may be subject to any bill of attainder, be tried for the same crime more than once, or be tried ex post facto.

(5 3) No resident member, who had joined the region in good faith, may be banned or ejected from the in-game region without the due process of law.

(6 4) No citizen member may be denied the right to vote or hold office, unless otherwise stated in the Charter or prohibited by constitutional law.

...

VI. THE EXECUTIVE

...

Elections

(5) Executive elections will be held every four months, where the Prime Minister and all Cabinet positions will be up for election amongst the members of the Assembly.

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VII. THE DELEGATE

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(1) The Delegate will be the head of state of the Coalition. They will be responsible for helping maintain the security of the region, promoting growth and activity, and serving as an advisor to the forum-side government. Barring reasonable circumstances, the Delegate will hold the in-game Delegate seat. No citizen person may be Delegate if they have participated, in whole or in part and at any time, in any coup d'etat of the Coalition or any of its allies, excluding normal raiding, defending, or liberation efforts as part of an organized military.

...

(3) The Delegate must fulfill in-game actions required by law but assigned to others if those actions can only be taken by the citizen person holding the in-game Delegate seat.

IX. THE COUNCIL ON REGIONAL SECURITY

...

(1) The Council on Regional Security will be composed of experienced and trustworthy citizens members of the Coalition, and will be responsible for monitoring and responding to regional security issues. The Council will choose a Chair as needed, who will fulfill all secretarial requirements of the Council that may arise.

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(3) Eligible citizens members may become members of the Council on Regional Security via two methods, either application to the Council itself, or nomination by the Delegate and Prime Minister.

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(5) The Delegate and Prime Minister may jointly nominate any citizen person meeting the requirements for membership and who are well suited to protect regional security. Prior to the nomination, the Delegate and Prime Minister will consult with the Council for their advice. To ensure collegiality and prevent dysfunction, if two-thirds of the members of the Council object to the prospective nominee’s membership, the nomination will not move forward. If no such objection exists, then the nomination will be submitted to the Assembly for approval via simple majority vote.

Addendum 1 (Amendment to the Elections Act)

Elections Act
An act establishing elections for office

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3. Office of the Delegate

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(2) On the first of every January and July, the Assembly will convene for the first round of Delegate elections.

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d. The two candidates with the highest number of approvals will move to a second round of voting conducted via a poll amongst citizens of Native World Assembly members.

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(3) After receiving the top candidates in the forum election, an Election Commissioner will create a week-long regional poll accessible to nNative World Assembly members as defined by NationStates, instructing them to vote for their preferred candidate.

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b. Citizens who are unable to vote in the regional poll Members of the South Pacific Special Forces who are on deployment for the whole duration of the regional poll are eligible to cast a vote one, provided that they identify where and why they maintain World Assembly membership elsewhere if that is the case. The Minister of Military Affairs shall provide a list of deployed personnel to the Election Commissioner. Members on the list Citizens who send the Commissioner their vote through a telegram and a public post on the Regional Message Board which tags the Election Commissioner and notes who their vote goes towards shall have it added to the final tally.

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6. Vacancies of Office

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(2) Should the office of Delegate become vacant, the next citizen person in the line of succession will become interim Delegate until the next regularly scheduled election. If no citizen person qualifies for the office, then a special election will be held.

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7. Separation of Powers

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(5) No citizen person holding a Cabinet office or the office of the Delegate may hold any equivalent office in a foreign region or organisation.

Addendum 2 (Amendment to the Judicial Act)

Judicial Act
An act to establish operational principle, procedures, and best practices for the High Court

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3. Case Procedure

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(3) Any resident member of the South Pacific may request the recusal of the assigned justice at any time, which will be reviewed by the High Court. If granted, the High Court will assign another justice.

(4) Any resident member of the South Pacific may submit information, evidence, or opinions on the matter. To facilitate this, a case may not run for less than 72 hours.

(5) The assigned justice may, as necessary, request information, evidence, or opinions from any resident member or institution. With the approval of another justice, a resident member or institution may be compelled to answer such a request.

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4. Legal Questions

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(2) Legal questions can be submitted by any resident member of the South Pacific.

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7. Appeals

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(2) An appeal may be filed by any resident member of the South Pacific or by any non-resident member with a vested interest in the case, for at least one of the reasons described in this article.

Addendum 3 (Amendment to the Legislator Committee Act)

Legislator Committee Act
An act to establish a commission to manage legislators

1. Scope

(1) The Legislator Committee is the commission responsible for granting and revoking legislator status to residents members.

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2. Legislator Applications

(1) Any resident member of the Coalition is eligible to attain legislator status if
a. the Legislator Committee does not opine that they are seeking membership in bad faith,
b. they have a nation in the South Pacific,
c. are not attempting to join with multiple nations or identities, and
d. are not considered by the Council on Regional Security to be a significant risk to regional security.

(2) A resident member of the Coalition may attain legislator status through an application with the Legislator Committee. The Committee shall confirm the reception of an application within 48 hours. The Committee will determine the eligibility of the applicant, consulting any other institutions of the Coalition as needed to inform its decision, and shall strive to accept or deny each applicant within a week.

Addendum 4 (Amendment to the Political Parties Act)

Political Parties Act
An act outlining political parties and their benefits

1. Defining Political Parties

(1) A political party is any group of citizens people in tThe South Pacific, counting at least as many members as senior Cabinet officials, who organize together in an official association for political or electoral purposes.

Addendum 5 (Amendment to the Proscription Act)

Proscription Act
An act to grant authority to declare hostile persons or organizations prohibited from entering or residing in the Coalition

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3. Grant of Authority

(1) The Cabinet or the Council on Regional Security may proscribe an individual that is not a citizen member of the Coalition, or a foreign region or organization, that they determine to be hostile. The Cabinet together with the Council on Regional Security may proscribe a member or a group of members that they determine to be hostile.

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(3) Upon proscription of a region or organization, any citizens members of the Coalition affected by that proscription will have 7 days to demonstrably renounce their association to the satisfaction of the issuing authority before the proscription is enforced.

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4. Judicial Review

(1) A citizen member of the Coalition subject to a proscription may petition the High Court for judicial review under of the following procedures—
a. The individual may request that the High Court review underlying evidence of intelligence upon which their proscription is based.
b. If under a proscription of a region or organization, the individual may present an appeal that they are not a member of the targeted region or organization.

Addendum 6 (Amendment to the Regional Officers Act)

Regional Officers Act
An act providing for the granting of Regional Officer powers to government officials

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3. Executive Discretion

(1) The Cabinet and/or Delegate may grant Communications, Appearance, and Polls powers to residents regional members as they see fit.

(2) The Council on Regional Security may grant Border Control powers to residents regional members as they see fit.

Addendum 7 (Amendment to the Sunshine Act)

Sunshine Act
An act to periodically publish threads in private government forums

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2. Publishing of Discussions

(1) The significant discussions of an institution shall, in due time, be released for public archival accessible to all residents members of the South Pacific.

4× Cabinet minister /// 1× OWL director /// CRS member /// SPSF

My History

(This post was last modified: 09-13-2020, 07:20 PM by Purple Hyacinth. Edit Reason: added [FAILED] )

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Do you have any idea how much work I'm gonna have to do if I put this to vote?!

Ugh...

You're mean...

Local Councillor (3/15/20 - 6/23/20)
Deputy Minister of Educational Affairs (2/19/20 - 4/9/20)
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MoE Leadership (10/14/20 - 11/1/21)

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I support it, It required as far as I feel.

Wait I can't feel anything   my senses are down today 
 Best senseless joke 2020

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But what's going to happen to the citizen mask on Discord???

In actuality, I do think this is an interesting change that could solve our issue. My only concern as of right now is, how would the EC confirm that a non-WA native nation does indeed have an account on the forums?

I have been things

Reply

Do you have any idea how much work I'm gonna have to do if I put this to vote?!

Ugh...

You're mean...

Fear not as the almighty Thanos once said that "it's a small price to pay for salvation".

But what's going to happen to the citizen mask on Discord???

In actuality, I do think this is an interesting change that could solve our issue. My only concern as of right now is, how would the EC confirm that a non-WA native nation does indeed have an account on the forums?

We can have a res and cit mask, of course!

As for the second question, the people in question would need to provide their nation in TSP and why it isn't in the WA, like the SPSF, for example.

4× Cabinet minister /// 1× OWL director /// CRS member /// SPSF

My History

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I like this solution. It feels snazzy and clever, rather than just "let's tack on another exception".

One issue: if residents are defined as nations, then the wording of the citizen definition should be edited to clarify that having two of your puppet nations with separate forum accounts doesn't count as two citizenships.

~ Aumeltopia ~

Raccoons are bandits! First they steal your food . . . and then your heart/identity!

(This post was last modified: 08-19-2020, 01:16 AM by Somyrion.)

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I like this solution. It feels snazzy and clever, rather than just "let's tack on another exception".

One issue: if residents are defined as nations, then the wording of the citizen definition should be edited to clarify that having two of your puppet nations with separate forum accounts doesn't count as two citizenships.

I hope the changes I made are sufficient.

4× Cabinet minister /// 1× OWL director /// CRS member /// SPSF

My History

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Yes! 

This is the one solution I can comment on as being satisfactory, without any problems or moral dilemas or so on. It just works.

At least the general concept, so far... [insert jinx here]

(This post was last modified: 08-19-2020, 07:51 AM by Jebediah.)

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I think this is a great solution.

One minor thing though:

(6) No citizen member may be denied the right to vote or hold office, unless prohibited by constitutional law.

We might want to tidy up the Voting Act to make it airtight in accordance with this. Otherwise, we're could end up with all WAs being given the right to vote in Cabinet elections.

-tsunamy
[forum admin]

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I have a very visceral reaction to the word "citizen" and flashbacks to the 2014 era of TSP. 

That being said, please don't use the phrase "native World Assembly member." The game definition of "native" versus the normative definition isn't the same. In this case, I would use the direct game definition-- "World Assembly members who have more influence in The South Pacific than any other region."

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