Law:The Election Mega-constitutional amendment: Difference between revisions
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Latest revision as of 19:36, 2 June 2015
 FAILED TO PASS |
Ziu 47th Clark 5th
Uréu q'estadra så: Martì-Paír Furxhéir |
 Cosă: Rejected |
| Per 72 — Con 86 — Aus 23 |
 Senäts: Rejected |
| Per 1 — Con 5 — Aus 1 |
L'Anuntziă dels Legeux |
View Clark Result |
47RZ27:The Election Mega-constitutional amendment
WHEREAS a big portion of the election law dates from when people mostly voted in person and when only a small portion of the citizens were online AND
WHEREAS the idea of a computerized voting form never entered the mind of the legislatures AND
WHEREAS in reality, 85% of the votes sent to the Chancery from the 47th Cosa were made using that online form AND
WHEREAS a lot of critic has been made on the fact that there were not drop-downs in the form AND
WHEREAS the law doesn't currently allow said drop-downs since anyone can vote for anything AND
WHEREAS at this moment, ANY Talossan can be elected to the Senate of ANY province, which makes it impossible to restrict the choices AND
WHEREAS a few citizens vote on Wittenberg, forget to vote for the Senate and later fill that vote and this practice isn't 100% solved under law since the Cosa vote and the Senate vote are distinct elections occurring simultaneously AND
WHEREAS the law also has certain quirks, like being unclear as to who owns seats, the Cosa Member or the Party, leading to the common interpretation that a party can strip all of the seats of one of its Cosa Member, but not the last one AND
WHEREAS certain parties have strict candidate lists which are not currently printed on ballots or enforceable in any way while other parties have very loose rules for seat assignments which the current law restricts and I believe that while any party can decide of any rule they want, it's up to the voters to decide how their vote shall be used AND
WHEREAS that's not even counting stealth parties or party hijacking when a voter votes for an un-registered party and someone else registers it for them AND
WHEREAS the request that the Secretary of State publish the rules no less than 14 days prior to an election causes a problem if the Cosâ is dissolved on the last day of the month a minute before midnight leaving the Secretary of State with less than 24 hours to publish the election rules AND
WHEREAS the law also asks the Chancery to publish the election laws on a specific day when in reality, the election law should be codified by law and not by decree AND
WHEREAS the opposition to changing that article has been "It's good to make a reminder" and while I agree, there are better ways in my opinion to approach this AND
THEREFORE the ziu resolves to:
Amend the Organic law as follows:
Article IV: The Senate
Section 4 which currently Reads: Except as otherwise provided in the Organic Law, any Talossan who may vote may be elected or appointed to the Senäts for any province. No Senator, even though elected or appointed to the Senäts, may actually vote his seat until he has been a citizen for one year, or served for six months as Secretary of State or Prime Minister, or received an order of knighthood from the King. No person may simultaneouly hold more than one seat in the Senäts.
Is replaced by:
Except as otherwise provided in the Organic Law, any Talossan who may vote may only be elected or appointed to the Senäts for his or her own province. No Senator, even though elected or appointed to the Senäts, may actually vote his seat until he has been a citizen for one year, or served for six months as Secretary of State or Prime Minister, or received an order of knighthood from the King. No person may simultaneously hold more than one seat in the Senäts.
Section 8 which currently Reads: If a voter returns more than one vote, the first one cast is counted and the others are ignored.
Is replaced by:
If a voter returns more than one vote, the first one cast is counted and the others are ignored. If a voter initially abstains to vote in the Senate, either by not casting a vote when voting for the Cosa or by explicitly Abstaining on the ballot, the voter may, until the Election Deadline, still cast a non-abstaining vote for the Senate.
Article VI: Political Parties
Section 2 which currently reads: Only "registered" political parties may obtain seats in the Cosâ. Parties which win votes but are not registered may not assume their seats in the Cosâ until they register. A party may register at any time with the Secretary of State as follows: First, the party must have at least one member designated as its "Leader." Second, the leader must provide the Secretary of State with a 50-word (or less) statement of the general aims and views of the party. Third, the Secretary of State may request from all parties a fee, to be set by law, to cover the cost of the election. This fee shall be uniform for all parties.
Is split and amended into multiple sections as follows:
Section 2:
Only "registered" political parties may obtain seats in the Cosâ. Parties which win votes but are not fully registered may not assume their seats in the Cosâ until they are fully registered.
Section 3:
To be fully registered, a party needs to both file an application to the chancery and pay any fees for registration as set by law. This fee shall be uniform for all parties.
Section 4:
To file an application, the leader of a party needs to submit to the Chancery at least 24 hours prior to Ballot day the following documentation:
• The full party name
• The party initials as defined by law the voters will use to vote
• A 50-words or less statement of the general aims and views of the party
• The name of the party leader(s)
Upon filing an application, the party is "filed" or "pre-registered" and can be printed on the Ballot as one of the choices, regardless of status of payment.
At this moment or at any point before Ballot day, the leader of the party may also submit to the Chancery the following documentation for possible display on the ballot:
• The URL of a party platform
• A candidate list for seats
Article VII: Election to the Cosâ
Section 5 which currently reads: The Secretary of State must make public the exact procedure by which he will comply with 7.4, no less than fourteen days before the Balloting Day.
Is replaced by:
The Secretary of State must make public the exact procedure by which he will comply with 7.4, as soon as possible after Cosa dissolution.
Section 9 is repealed.
Article VIII: Composition of the Cosâ
Section 3 which currently reads: Each party shall assign its seats to such individuals as it sees fit, provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats. The Ziu may by law establish a maximum number of seats that any one Member of the Cosa may hold by law, but the minimum number of Members of the Cosa shall be no less than the number of Senators, and the same limit shall apply to all Members of the Cosa, and any changes to the limit shall take effect no earlier than the distribution of seats after the next General Election.
Is replaced by: Each party shall assign its seats to such individuals as it sees fit, provided that each such individuals are eligible to serve in the Cosa under this article and is assigned a whole number of seats.
As new Section 4 is added, which reads: The Ziu may by law establish a maximum number of seats that any one Member of the Cosa may hold by law, but the minimum number of Members of the Cosa shall be no less than the number of Senators, and the same limit shall apply to all Members of the Cosa, and any changes to the limit shall take effect no earlier than the distribution of seats after the next General Election.
The former Section 4 of the Organic Law which currently reads: Each person holding one or more seats is a representative known as a "Member of the Cosa" (MC). MCs may not be removed from office except by a two-thirds vote by the Cosâ and approval by the King. An MC vacates his seats if he fails to vote on two consecutive Clarks, or if he resigns from office or dies. Any seats left unassigned at the end of the first Clark of the government are considered vacant.
Is replaced by this new Section 5: Each person holding one or more seats is a representative known as a "Member of the Cosa" (MC). MCs may be removed from office by a two-thirds vote by the Cosâ and approval by the King. A MC vacates his seats if he fails to vote on two consecutive Clarks, or if he resigns from office or dies. Any seats left unassigned at the end of the first Clark of the government are considered vacant
A new section 6 is added which reads:
Before the publication of a Clark, each party may modify the list of Cosa Members representing it, including changing the number of seats for each Cosa member, adding new Cosa Members and even removing existing Cosa members, provided the following conditions are met:
6.1: Seats cannot be removed from a Cosa Member which was listed on candidate list for that party on the previous ballot without his or her consent 6.2: Notwithstanding article 6.1, seats can be removed equally from all Cosa members of a party to make room for a new Cosa member, provided that all Cosa members who loses seats using this method keep at least one 6.3: Notwithstanding article 6.1, A Cosa member listed on the candidate list on the previous ballot who resigns from his or her party may be asked to resign his or her seats if he or she refuses to respect the official party line of his or her former party on bills not authored by that Cosa Member
The former Section 5 which reads:
Each MC will represent, for ceremonial purposes, a particular geographical "constituency." The exact procedure will be determined by law.
Is renumbered Section 7 and reads: Each MC can represent, for ceremonial purposes, a particular geographical "constituency." The exact procedure will be determined by law.
The former Section 6 is renumbered Section 8 and kept intact.
Article IX: The Secretary of State, the Hopper, and the Clark
Section 2 which currently reads: Any Member of the Cosâ, or Senator, or the King, shall have the right to submit legislative proposals and bills to the Secretary of State for consideration by the Ziu according to the procedures specified in this article.
Is replaced by:
Any Member of the Cosâ, or Senator, or the King, shall have the right to submit legislative proposals and bills to the Secretary of State in "The Clark" for consideration by the Ziu according to the procedures specified in this article. Only citizens who reasonably believes he will qualify to submit legislative proposals and bills in the next "Clark" can submit proposals to "The Hopper".
Section 5 is corrected to that the 6th word (the single letter t) is removed from the text.
Section 13 which currently reads: Notwithstanding Sections 2 and 5 of this Article, the Ziu may make laws regulating the number of bills a Member of the Cosâ or a Senator may submit for one Clark without the need to amend the Organic Law.
Is replaced by: Notwithstanding Sections 2 and 6 of this Article, the Ziu may make laws regulating the number of bills a Member of the Cosâ or a Senator may submit for one Clark without the need to amend the Organic Law.
Article XIII: Duration of the Cosâ and the Government
Section 1 which currently reads:
Duration of the Cosâ. The Cosâ convenes two weeks after general elections, on the first day of the month, to coincide with the publication of the first Clark. Its term is roughly six months, each month coinciding with a Clark. During its last month the King shall issue a Writ of Dissolution ending its term. At the time the Cosâ is dissolved, all its members shall resign, but any Members holding positions in the Government may remain in those positions till the outcome of the election is resolved.
Is replaced with:
Duration of the Cosâ. The Cosâ convenes on the first day of the month after general elections, to coincide with the publication of the first Clark. Its term is roughly six months, each month coinciding with a Clark. During its last month the King shall issue a Writ of Dissolution ending its term. At the time the Cosâ is dissolved, all its members shall resign, but any Members holding positions in the Government may remain in those positions till the outcome of the election is resolved.
Uréu q'estadra så:
Martì-Paír Furxhéir - (Secretary of State)
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