Law:El Lexhatx

Also see El Lexhatx.

Reference to a (sub)section of el Lexhatx is made by appending the letter of the specific title, and then by adding the number of the (sub)section. I.e: Lexh.G.6.9.

Scribe note

REVIEW OF THE TEXT COMPLETED! Formatting, notes and references still in progress. See talk page.

EL LEXHATX

A. General Crime

1. General provisions of Talossan jurisprudence:

1.1. Talossan courts shall interpret Organic and Statute Law through the lens of the Covenants of Rights and Freedoms, and otherwise in accordance with Talossan juridical precedent. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding.

1.2. Only crimes described in Talossan Organic and Statute Law may be prosecuted in Talossan courts.

1.3. A single action of a defendant may be considered to break more than one law and may be charged accordingly.

2. Felonies and misdemeanours. All crimes against Talossan law shall be classed as misdemeanours unless stated otherwise.

3. Authorized punishments for all crimes classed as felonies shall be as follows:

3.1. Banishment. Banishment may be ordered in conjunction with revocation of citizenship in any felony case. Banishment prohibits the former citizen from entering the territory of the Kingdom of Talossa. A former Talossan who has been banished may not be reinstated as a citizen.

3.2. Revocation of citizenship. A sentence of revocation of citizenship directs the Chancery to remove the offender from the list of Talossan citizens. Simple revocation is without prejudice to a future reapplication for citizenship.

4. Authorized punishments for all crimes classed as either felonies or serious misdemeanours shall be as follows:

4.1. Civil disability. Civil disabilities may include any or all of the following, for a maximum term of 5 calendar years for a felony or 1 calendar year for a serious misdemeanour:

4.1.1. Bar from holding national executive office

4.1.2. Bar from holding national judicial office

4.1.3. Bar from holding national legislative office

4.1.4. Bar from holding provincial office

4.1.5. Bar from performing military service

4.1.6. Bar from service in the Royal Civil Service

4.1.7. Bar from posting on Wittenberg

5. Authorized punishments for all crimes shall be as follows:

5.1. Fines. When a fine is imposed as a component of any sentence, the court shall specify the period within which the sum must be paid, which period shall not be less than thirty days. The court may, in the interests of justice, allow the offender to pay the sum in more than one installment, according to a schedule prescribed by the court. Willful failure to pay a fine within the time provided is punishable as criminal contempt of court. The maximum fine that may be levied is ℓ500 for a felony, ℓ100 for a serious misdemeanour or ℓ50 for a misdemeanour.

5.2. Restitution. When imposing sentence for any crime, a court, in addition to any other penalty authorized by law, shall order the offender to make full or partial restitution to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. The court must specify a reasonable period of time, not less than thirty days, within which the offender must make restitution. Willful failure to make restitution within the time provided is punishable as criminal contempt of court. Court-ordered restitution shall not bar any victim from pursuing any civil remedies available at law to recover any amount or type of damages not covered by the order of restitution.

5.3. Reprimand. In all criminal cases, a court may reprimand the offender in addition to (or in lieu of, where no minimum punishment applies) any other authorized punishment.

6. Suspended sentences:

6.1. A court may order the suspension of all or part of any sentence, for a period of time not to exceed five calendar years. At the end of the period of suspension ordered by the court, the suspended punishment is rescinded if the offender has not violated any condition of the suspension.

6.2. If a court determines, by a preponderance of the evidence, that the offender violated any condition of his suspension during the period of the suspension, the suspension shall be revoked and the original punishment imposed. Nothing in this paragraph shall be construed to prohibit prosecuting an act violating a condition of suspension as a criminal offense in its own right, either in the same or a separate action as the revocation of suspension.

6.3. Refraining from committing any further crimes is an implicit condition of every suspended sentence. Other conditions which may be imposed by the court include, but are not limited to:

6.3.1. Injunction from requesting or accepting royal honours

6.3.2. Injunction from violating Wittiquette

6.3.3. The performance of a fixed amount of community service under the supervision of a public body or not-for-profit organization, as directed or approved by the court.

6.4. Civil disabilities may be imposed in conjunction with a suspended sentence upon conviction of a felony, but where a sentence of revocation of citizenship has been suspended.

7. Talossan Criminal Code

7.1. Definitions.

7.1.1. “Fraud” shall mean any act of deception carried out for the purpose of unfair, undeserved and/or unlawful gain, or the assumption of a false identity to such deceptive end.

7.1.2. “Harassment” shall mean engaging in a course of conduct or repeatedly committing acts which harass, intimidate or distress a person and which serve no legitimate purpose.

7.2. Crimes against the Kingdom.

7.2.1. Treason. Whoever knowingly endangers the existence of the Kingdom of Talossa, its laws, institutions and state property, by enlisting or attempting to enlist the aid of non-Talossans, commits the felony of treason.

7.2.2. Perverting the course of justice. Whoever uses fraud, harassment, physical or sexual violence or threats thereof to attempt to influence an active case in any Cort under the Organic Law is guilty of the felony of perverting the course of justice.

7.2.2.1. Perverting the course of justice shall also include fabricating or disposing of evidence, as well as suborning perjury.

7.2.3. Sedition. Whoever uses fraud, harassment, physical or sexual violence or threats thereof to attempt to influence any election or any other decision made under the Organic Law of Talossa (outside of an active case in any Cort), or to remove or replace officials duly empowered by that Organic Law, is guilty of the felony of sedition.

7.2.4. Contempt of court. Contempt of court is a serious misdemeanour consisting of intentional:

7.2.4.1. Misconduct in the presence of the court which interferes with a court proceeding or with the administration of justice, or which impairs the respect due the court;

7.2.4.2. Disobedience, resistance or obstruction of the authority, process or order of a court;

7.2.4.3. Refusal as a witness to appear, be sworn or answer a question; or

7.2.4.4. Refusal to produce a record, document or other object.

7.2.5. Perjury. Whoever under oath or affirmation orally makes a false material statement which the person does not believe to be true, in any matter, cause, action or proceeding, before the Ziu, any committee of the Ziu, or court of law, is guilty of the serious misdemeanour of perjury.

7.2.6. Crimes against state property.

7.2.6.1. Whoever steals or diverts to their own use without authorization the monetary or physical property of the Kingdom of Talossa is guilty of a felony if the monetary value of such theft is 100 louis or above, and a serious misdemeanour otherwise.

7.2.6.2. Whoever improperly uses the intellectual property of the Kingdom of Talossa is guilty of a serious misdemeanour if with the intention of misrepresenting the Kingdom or improperly claiming the authority of the Kingdom, and a misdemeanour otherwise.

7.2.6.3. Whoever improperly accesses any computer or information system belonging to the Kingdom of Talossa is guilty of a serious misdemeanour if with the intention of committing any other crime, and of a misdemeanour otherwise.

7.2.6.4. Whoever makes a counterfeit of any official document or item pertaining to the Kingdom of Talossa and uses it to gain a benefit to which they were not otherwise entitled is guilty of a serious misdemeanour.

7.2.7. Solicitation. Whoever induces or attempts to induce any other Talossan to break the Law of Talossa is guilty of the same class of offence as that which they sought to induce.

7.2.8. Conspiracy. Whoever agrees with any other Talossan to break the Law of Talossa is guilty of the same class of offence as that which they agreed to commit.

7.2.9. Bribery. The felony of bribery is committed by:

7.2.9.1. Anyone who offers any officer of the Kingdom or witness in a Court case anything of value in return for the performance of their official duties or to influence their testimony.

7.2.9.2. Any officer of the Kingdom or witness in a Court case who accepts a bribe (as above) without revealing it as soon as may be practical to the proper authorities.

7.2.10 Bringing Talossa into disrepute. Any Talossan citizen who has been convicted by a credible foreign court, which has been deemed to abide by Talossan values, of a crime established at trial to have involved fraud, harassment, bribery, physical or sexual violence or threats thereof, has committed the crime of bringing Talossa into disrepute to the following degrees:

7.2.10.1 A felony if sentenced to penal servitude of more than 2 years.

7.2.10.2 A serious misdemeanour otherwise.

7.3. Crimes against the person

7.3.1. Whoever commits physical or sexual violence or threats thereof against any citizen or "judicial person" under Talossan law is guilty of a felony.

7.3.2. Whoever commits fraud or harassment against any citizen or "judicial person" under Talossan law is guilty of a serious misdemeanour. Whoever commits threats of the above is guilty of a misdemeanour.

7.3.3. Theft and invasion of privacy.

7.3.3.1. Whoever commits theft or misappropriation of physical or monetary property valued at 100 louis or more, or improperly publishes a Talossan citizen’s private information, is guilty of a felony.

7.3.3.2. Whoever commits theft or misappropriation of physical or monetary property valued at less than 100 louis, or of any intellectual property, or improperly accesses a Talossan citizen’s private information without publication, is guilty of a serious misdemeanour.

7.3.4. Defamation. Whoever publicly defames the reputation of a Talossan individual without justification in such a way as to bring them into hatred, ridicule and contempt is guilty of a serious misdemeanour.

7.3.4.1. No statement shall be considered to be defamation if it is justified by being true, or by being fair comment in the absence of malicious intent.

7.3.5. Whoever deprives an individual of the free exercise of their rights under the Organic Law in a way not otherwise mentioned in law commits a serious misdemeanour.

8. Public Defender: No Talossan shall be convicted of any crime under this Lexhatx unless they have had the opportunity of defending themselves in Court. The Ministry of Justice shall appoint a Public Defender who is a member of the Talossan Bar at the request of any defendant, or if the defendant is for any other reason unable to defend themselves in Court.

9.

10. The Ziu hereby recognizes the historic right of churches and other religious organizations to offer sanctuary to individuals in dire need.(33RZ13)

11. Gay Talossans are hereby accorded all the rights of their heterosexual counterparts. This simply means that the rights and responsibilities associated with property, marriage and adoption apply to all Talossans equally. Gay Talossans may not be discriminated against in any way on the basis of their sexuality with regards to any activities within the Kingdom and its territories, including employment, Government operations and military service. This law gives no preference to any Talossan on the basis of his/her sexual identification, but simply renders such a consideration absolutely irrelevant.(13RC32)

12. Marriage is a civil right, guaranteed to all consenting citizens of proper age regardless of their sex or sexual orientation. Any sacredness of marriage is between the parties involved and is a strictly personal issue. The Kingdom recognises any and all form of marriage or legal union between two persons that fall under this definition, hereby re-asserting the rights given to its citzens by the Organic Law; and provides Talossan Invincible Moral Support to those who are seeking to have the laws of their country reflect the far more progressive laws of Talossa.

13. Churches and religious communities administer their own affairs. In particular, they constitute their own institutions, inaugurate their clergy, organize the teaching of religion, and establish religious orders and similar institutions independently of state interference.(25RZ5)

13.1. The state does not have the right to intervene either in the nomination or the installation of ministers of any religion whatsoever.

13.2. Religious organizations are subject to their own rules and procedures. All Talossans have the right to leave any religious association from which they dissent.

13.3. Religious freedom can be limited only by law, if such a measure is unavoidable in a democratic society to protect health, public order, public morality, or the rights and liberties of nonmembers.

14. All cybercits are actually Talossan exiles, residing outside of Talossa against their own free will and should be officially treated as such. (25RZ11)

15. No Cestoûr (non-citizen or ex-citizen) shall have an account on Wittenberg, except by explicit permission of the Seneschál. Such permission shall be extended solely at the will of the Seneschál, and may be withdrawn at any time. (35RZ2)

15.1. Any citizen acting as Administrator of Wittenberg shall act promptly to enforce the instructions of the Seneschál as to which non-citizens, if any, may have accounts.

15.2. All non-citizen participants of the internet forums of the Kingdom of Talossa shall heretofore be identified by a specific avatar graphic, specifically an image indicating a passport for invited guests, and indicating a visa for prospective citizens. Further the "personal text" to be used by such persons shall also be fixed as "Applicant for Citizenship" or "Invited Guest" or "Foreign Citizen" or "International Tourist" or other such language, at the determination of the forum administrator as he or she determines appropriate.(35PD2)

16. Except as provided in A.17, whoever does any of the following is guilty of a crime subject to punishment by banishment, revocation of citizenship, any combination of civil disabilities and any other authorized punishments:(36RZ10)

16.1. Makes any fraudulent or dishonest claims or statements on his or her application for citizenship, including his or her claims or statements to the Cort, the Immigration Minister and any deputies of the minister or to Cosâ members.

16.2. Uses another person's identity or uses an identity that creates the impression of another person to post or convey messages via email or on any public forum in the Kingdom of Talossa.

16.3. Creates, for purposes of claiming citizenship or with the intent to deceive or mislead other Talossans, more than one identity for use in the Kingdom of Talossa, excepting name-changes that replace an earlier name previously held by the same person.

17.

18. The Kingdom of Talossa hereby officially recognizes, supports, and endorses the ideals and goals detailed within the United Nations Charter, and that we hereby declare our intentions to join the august body of the General Assembly of the United Nations, and avows that Talossa will meet the obligations which are a part of being a member with full faith and our greatest exertions.(39RZ6)

19. It is resolved by the Ziu of the Kingdom of Talossa that the nation shall officially adhere to the Geneva Conventions, specifically conventions I, II, III, and IV, as well as all subsequently issued "additional protocols" as of January 1, 2012.(39RZ23)

20. the Ziu hereby requires that any and all official or officially-sanctioned websites, social networking pages, online Embassies, and any other future form of Internet group be run by an assigned Ministry from the Seneschál, assigned member of the government, or private citizens, when explicit permission is granted by the Seneschál.(39RZ15)

20.1. Non-government sanctioned web sites in relation to Talossa, including social networking sites and profile names, must have clear and visible text that says the page is an UNOFFICIAL website.

20.2. It is up to the Seneschál or his delegate to decide and outline what constitutes “clear and visible” and determine any violations.

20.3. The Seneschál or his delegate shall monitor both official and unofficial Talossan websites, contact the owner as needed, and maintain a public list of official and bogus or fake sites as they are brought to the government’s attention

20.4. The Government of Talossa has the right to require the transfer of a website or a deletion of website if it is not made clear, within the government’s definition, that the existing site is UNOFFICIAL.

20.5. Violations of this provision may be considered acts of sedition or treason, punishable by warnings, fines, or revocation of citizenship.

20.6. Provincial websites shall be licensed by their respective governments under these same provisions.

21. It shall be legal in the Kingdom of Talossa to both have your cake and eat it too.(41RZ8)

22. The unauthorised usage of any official seal of the Crown, of the Government, or of any other official body, shall constitute a serious misdemeanour. Authorisation may be given by the Seneschal or the respective Minister, or by the head of the body concerned, or any of their duly designated proxies.(46RZ23)

22.1. The unauthorised bearing, signing or displaying of any official seal of the Crown, of the Government, or of any other official body, shall constitute a serious misdemeanour. Authorisation to bear any seal may be granted by the Seneschal, or the respective Minister, or by the head of the body concerned.

22.2. The use of any seal, that is attached unto a document, or a notification, or a declaration, or similar, that bears sufficient resemblance to any official seal, which is used by the creator in a document, or notification, or declaration, or similar, so as to create the impression of officiality, in order to:

(a) obtain any personal advantages or benefits; or,

(b) put a person or a body in disadvantage, or discredit a person or a body; or,

(c) obtain any benefits and advantages for another person,

shall constitute a serious misdemeanour.

22.2.1. Whether any seal, that is used in such a manner, bears "sufficient resemblance", must, in cases of doubt, be decided by the Courts on an individual basis.

22.2.2. The use of the Kingdom's colours ("El Bicoloreu") on any seal does not satisfy the requirements of "sufficient resemblance".

22.3. Any subsequent unauthorised use of any seal, committed by a formerly punished convict of this act, shall constitute a felony.

23. The Ziu fulfills its solemn duty to the people by ratifying this provision, to be known as the "Riot Act," and authorising it to be read at any time when a Talossan or Cestoûr is peeved at any other Talossan or Cestoûr. (23RZ45)

B. Elections

1. The Ziu hereby establishes guidelines for the conduct of General Elections, and instructs the office of the Secretary of State to implement them at once.(33RZ15)

2. The Secretary of State shall make available, through a website dedicated to this purpose, the text of the election ballot.(33RZ5)

2.1. The ballot shall, for the next general election, contain a space for a yes or no vote on Organic Law amendments passed during this Cosa, as well as contain spaces for provincial and senatorial voting.

2.2. The Ballot can also include for each referendum up to one 50-words essay per party with Cosa Members, each marked as being either in favor of the amendment or against the amendment. The argument's signatures are not counted in the 50 words limit.(47RZ19)

2.3 The ballot must also include, for each party contesting the election, a 50-word (or less) statement of the general aims and views of the party, and a list of citizens to whom the party intends to award Cosa seats. If a party does not submit a candidate list to the Secretary of State before the election, the party leader is assigned all seats won, and seats which cannot be held by the Party Leader are forfeited.

2.3.1. Before the conclusion of the first Clark, each party leader must submit to the Secretary of State a report containing the distribution of the seats won in the election.

2.3.1.1. The party leader may assign seats to any eligible citizen(s) they see fit, so long as the following criteria are met:

2.3.1.1.1. The party's internal procedures are followed

2.3.1.1.2. No one who was not named on the list is assigned more seats than any eligible citizen who was named on the list

2.3.1.1.3. The total number of seats awarded to those not on the list does not exceed 1/3 of all seats won by the party

2.3.1.1.4. No person occupies more than the maximum legal number of seats.

2.3.1.2. Any person assigned a seat as above may decline to take their seats in which case they will be reallocated according to the criteria of B.2.3.1.1.

2.3.1.3. If a party cannot assign all of their seats under the criteria of B.2.3.1.1., the additional seats are forfeited.

2.4 Any eligible candidates for a seat in the senate will be given the opportunity to register themselves with the Secretary of State before the start of the elections. Registered candidates will be listed as a candidate on the ballot for that province, not limiting voters ability to vote for write-in candidates.

2.5 Endorsements of Senatorial candidates by political parties shall not be listed in the part of the ballot relating to senatorial elections.

2.6. The ballot shall be in a .pdf or other graphical format. The ballot shall have space on it for the voter to indicate his name and relevant contact information.

2.7. Clear voting instructions in both Talossan and English will be included with each ballot.

2.8. In order to be counted in the election, the ballots must be received by the Secretary of State on or before election day.

3. Any citizen of Talossa may download, make copies of, and distribute said ballot. Any citizen of Talossa may vote on the ballot and send it in, by mail, to the Office of the Secretary of State. In addition, the Office of the Secretary of State shall make available e-mail contact information so voters can cast their votes through that medium. The Office of the Secretary of State may additionally opt to provide other secure means to vote such as an electronic form on a website or a phone number. Votes posted on Wittenberg shall also be counted.

4. All votes cast are be presumed to be valid. The validity of any vote may be challenged by any Talossan citizen after it is counted, by presenting the challenge as a case to the Uppermost Cort, with all available evidence. Should the Cort choose to hear the case, and subsequently find that a ballot has been cast or counted illegally, the final vote tally shall be adjusted to disregard the invalid vote. Special attention shall be paid to non-citizens who might attempt to forge ballots in order to interfere with or embarrass Talossa's democratic electoral process.

5. Votes that are cast during the General Elections and are specified as votes for the cosa election shall not be counted as votes for provincial elections, unless the provincial legislation of the province for which these provincial elections are conducted specifically instructs otherwise, as determined by the Chancery.(45RZ5) )

6. At each general or special nation-wide election, the Chancery shall provide to each voter a personal security code (PSC). The PSC shall be a number or password which can serve to authenticate the voter's ballot.(36RZ9)

6.1. The Chancery shall take care that the PSCs are assigned in an unpredictably random fashion, and that the list of assigned PSCs is kept secure.

6.2. The Chancery may email a PSC to any voter who has a known email address, and shall mail a PSC to each voter who has no known email address (but whose physical address is known) together with that voter's ballot papers.

6.3. Every ballot or vote cast on Wittenberg, and every ballot or vote cast otherwise that contains the voter's correct PSC, shall be counted. But if a ballot or vote not cast on Wittenberg does not contain the voter's correct PSC, the Chancery shall attempt by whatever means the Secretary of State deems necessary and sufficient to determine whether the vote is valid, and shall not count the vote unless its validity can be so established. The Chancery shall report to the Uppermost Cort, before the final results of the election shall be certified, regarding each such vote, the means used to determine its validity, and the conclusion reached.

7. Each party has the responsibility of communicating to the Secretary of State a list of its authorized agents and the name of its leader, and of updating the same.(43RZ16)

7.1. In any case where the authorized agents of a party or its leadership are a matter of dispute in a manner affecting party registration or the filling of empty seats in the Cosa, the Secretary of State shall make a good-faith effort to determine which disputant has the best right to name such, taking into consideration the internal rules of the party. Each other disputant shall have the opportunity to register under a party name that differentiates it from the other disputants.

7.2. In any case where the authorized agents of a party or its leadership are a matter of dispute in a manner affecting party registration or the filling of empty seats in the Cosa, and the Secretary of State is unable to determine that any of the disputing claimants to a party has a best right to name such, each disputant shall have the opportunity to register under a party name that differentiates it from the other disputants. In such a case as to leadership, the original party shall be considered to not have a functional leader

8. The name or abbreviation of a political party applying for registration must not resemble the name or abbreviation of another party. There is a resemblance between party names or abbreviations when, in the opinion of the Secretary of State, there is a risk of confusing them. If the party intends to adopt Talossan and English versions of its name, both versions must be submitted with the application.(32RZ3)

8.1. If, during an election to the Cosâ, an elector makes a mistake when writing or typing the name or abbreviation of the party he intends to vote for, and in the opinion of the Secretary of State the intention of the voter was clear, the Secretary of State may appropriately correct the vote. Any electors may contest this in Cort.

8.2. Two or more registered parties may apply to the Secretary of State to merge their parties and become a single registered party. If during an election to the Cosâ, an elector vote for a party that has reported a merge to the Secretary of State prior to the election, the Secretary of State may credit the vote to the new party. Any electors may contest this in Cort.

8.3. If during an election to the Cosâ, an elector vote for a party that is not registered, and that this vote cannot be attributed to another party, this vote shall be considered “spoiled ballot”. Any electors may contest this in Cort.

9. The Secretary of State, or his appointed agent, shall charge a registration fee of 6¤40 (six louise and forty bence, equivalent to $10 USD) to each political party, and a registration fee of 3¤20 (three louise and twenty bence, equivalent to $5 USD) to each successful candidate in a Senäts election. in forthcoming elections. Any Party or Parties which fail or refuse to pay the fee shall be deemed not registered, and no successful candidate in a Senäts election shall be declared elected until they pay the fee.

9.1. The fee may only be paid by:

9.1.1. Sending a Money Order, Cash or Cheque by snail mail to the Burgermeister of Inland Revenue: Only fees which have been received in full, by the Burgermeister of Inland Revenue will be deemed paid. Fees that are in transit, delayed, lost in the mail or not received by the Burgermeister of Inland Revenue for any reason, shall not count as paid fees, even if accompanied with proof of postage. Payments made by Money Order or Cheque shall not be deemed as paid until they have been cleared, the Burgermeister of Inland Revenue, will notify the nation when such fees have cleared or if said payments have bounced. If a party’s or successful candidate's cheque or money order bounces, they shall be liable to pay costs incurred by the Kingdom for their payment bouncing and shall not be registered until their fee plus these costs have been paid.

9.1.2. PayPal: Fees may be paid by electronically transferring the appropriate funds into the Kingdom of Talossa’s PayPal account managed by the Burgermeister of Inland Revenue. The Burgermeister of Inland Revenue is to notify all Political Parties in advance of the Election of details regarding the PayPal account into which they may deposit their fee. Once a fee has been received by the Burgermeister of Inland Revenue from a party or successful candidate, he shall notify the Nation publicly that said fee has been received and arrange for said fee to be deposited in the Kingdom’s Account.

9.1.3. Payment directly to the Burgermeister of Inland Revenue: Payment may be made directly in person to the Burgermeister of Inland Revenue, by cash, cheque or money order. The Burgermeister of Inland Revenue shall notify the nation which such payments have been received. The policy of Cheque and Money orders in 9.2.1. applies equally in this instance.

9.2. Once a fee has been received by the Burgermeister of Inland Revenue and/or their appointed agents, it is not refundable for any reason. If, however, a party or successful candidate overpays or pays more than once for any given election period, excess fees may be credited to the party or successful candidate against their next payment of fees or refunded, at the discretion of the Burgermeister of Inland Revenue, minus any fees or costs incurred.

9.3. A Senator who was not elected, but appointed under the provisions of Organic Law III.7, will not be liable for any fee.

10. Notwithstanding the purely traditional practice of "keeping the polls open" till midnight of the last day of an election (or of a month, for Clark purposes), the Secretary of State is hereby instructed to keep a sort-of conventional "business day" where the deadline for any official business (ballots, Clarks, etc.) is set at 7:30 p.m. of the day in question.(16RC3)

11. All campaign literature issued by any individual or party must contain on said literature the name(s) of the writer(s) of said literature, in such form as to be legible and comprehensible to the average reader of said literature. This does not apply to the 50-word statement given to the Secretary of State.(18RC6)

12. In accordance with Article V, Section 6 of the Organic Law, the fixed order for the election of Senators to the Senate shall be described as follows:

12.1. Upon the dissolution of a Cosa, election to three Senate seats shall be held, in addition to those by-elections necessary to elect Senators to unfilled terms being held on an interim basis by an appointed Senator.

12.2. Senatorial seats shall be elected at each Cosa according to the following rotation: Vuode, Atatürk, Cézembre, Florencia, Maricopa, Fiova, Maritiimi-Maxhestic, and Benito.

13. The Electoral Commission and the Secretary of State shall fulfill the duty of certifying results of elections conducted by the Chancery according to the following guidelines.

13.1. The election period as defined by this section shall begin on Balloting Day, and shall end on the Certification Deadline.

13.2. The Electoral Commission shall be comprised of one Uppermost Cort Judge to be appointed by the Cort, one Senator whose term will not expire at the conclusion of the Cosa term to be appointed by the Mençei, and one member to be appointed by the King upon recommendation of the Seneschal, pursuant to the following subsections. The Secretary of State shall be a permanent ex officio member of the Commission, and shall not be entitled to a vote nor affect quorum.

13.2.1. The Secretary of State shall communicate to the Cort, the Mençei, the Seneschal, and the King of their responsibilities of recommending or appointing members no later than two months prior to Balloting Day.

13.2.2. No person shall be eligible to serve on the Commission who is an officer of any registered or unregistered political party, or who plans to or is a candidate for election to the Senäts in the upcoming election.

13.2.3. The appointments shall be communicated to the Secretary of State, who shall confirm with the appointees their willingness and availability to serve on the Commission.

13.2.4. All members of the Commission shall be appointed at least one month prior to Balloting Day. If the Cort, the Mençei, or the King shall fail to submit their appointment(s) by the deadline, the Secretary of State shall be empowered to appoint the member or members.

13.2.5. Should a vacancy arise on the Commission prior to or during the election period due to death, disability, resignation, or disqualification, such vacancies shall be filled by the Secretary of State. The Secretary of State shall endeavor to select and appoint any member recommended by the individual or body which appointed the departing member, but at no time shall delay an appointment for this purpose for more than 24 hours.

13.3. The Secretary of State shall be authorized to prepare rules for the upcoming election governing the procedure by which s/he will comply with the relevant election laws, and submit such rules to the Commission at least one month prior to Balloting Day for review and certification. The Secretary of State shall also make such rules publicly available, and until such a time as the rules are certified, conspicuously note that the rules are subject to certification by the Commission.

13.3.1. Should the Secretary of State fail to submit rules to the Commission, the rules governing the previous election shall be reviewed and certified.

13.3.2. The Commission shall review the proposed rules for compliance and amend them as necessary prior to certification.

13.3.3. The Commission shall certify rules for the election no later than two weeks prior to Balloting Day. Should the Commission fail to certify any rules by this deadline, then the rules shall govern the election absent the certification, except where such rules are in conflict with election law.

13.4. The Secretary of State shall accept votes submitted publicly or privately pursuant to the rules governing the election. Votes submitted privately shall only be available to the Electoral Commission.

13.5. Immediately following the Election Deadline, the Secretary of State shall post unofficial elections results on Wittenberg and notify the members of the Commission that the unofficial results have been posted.

13.6. The Commission shall review and certify the unofficial results within 14 days following the Election Deadline, pursuant to the following subsections.

13.6.1. The Commission, sua sponte or upon notification by a third party, shall review any ballots or results in which a potential irregularity has been spotted. The Ministry of Justice shall, in consultation with the Secretary of State, make available to the public forms which such notification can be made to the Commission.

13.6.2. Notwithstanding the above, the Secretary of State shall be empowered to correct any irregularity in the tabulation of results found prior to the Commission taking jurisdiction over the matter.

13.6.3. If the Commission, upon a majority vote, confirms the existence of an irregularity which affects the outcome of an election item, it shall correct the problem prior to certification as provided in the following subsections.

13.6.3.1. If the Commission finds that a vote (or votes) has (or have) not been properly counted, it shall direct the Secretary of State to correct the results as necessary.

13.6.3.2. If the Commission finds that a vote was cast by an ineligible voter, it shall direct the Secretary of State to invalidate such a vote and correct the results as necessary, and notify the Ministry of Justice of any potential civil or criminal violation.

13.6.3.3. If the Commission should find multiple irregularities which significantly alter the results of an election, it may recommend to the King that the incoming Cosa be dissolved and a new election be called. In such a case, the Commission shall continue to serve as constituted.

13.6.4. If the Commission should find any other irregularity not otherwise specified, it may take any action appropriate within its power proportionate to the circumstances.

13.6.5. Should the Commission fail to certify the unofficial results prior to the Certification Deadline, the results are considered to be official, unless the Commission should lodge a petition with the Uppermost Cort seeking additional time to review a potential irregularity. Such petitions shall be submitted to the Uppermost Cort on forms prescribed by the Ministry of Justice following a 2/3rds vote of the Commission.

13.6.6. The Uppermost Cort shall immediately review any petition laid before it by the Commission, shall grant such petition upon finding there is sufficient evidence to warrant the request, and shall limit the delay in certification only to such races or ballot items which the outcome would be affected if the potential irregularity were found to be true. If the petition is not granted within 21 days following the Election Deadline, the results shall be considered certified and the petition denied as moot.

13.7. Following certification of all election results, the Commission shall be dissolved, unless otherwise provided for in this section.

13.8. For elections called early due to failure of a Vote of Confidence, the provisions outlined in the following subsections shall apply.

13.8.1. The Cort, the Mençei, the Seneschal, and the King shall all be immediately notified by the Secretary of State of their responsibility of recommending or appointing members to the Commission. Members shall be appointed at least five days prior to Balloting Day. If the Cort, the Mençei, or the King shall fail to submit their appointment(s) by the deadline, the Secretary of State shall be empowered to appoint the member or members.

13.8.2. The rules governing the previous election shall govern the election, except where such rules conflict with election law.

13.9. The procedures set forth within this section shall not apply to referenda elections called by a Seneschal pursuant to Article VII, Section 13, unless otherwise directed by the Ziu prior to an election being called.

13.10. The Secretary of State shall keep all records of any discussions and votes taken by the Commission for a period of two years.

13.10. For the purposes of serving a complaint, summons, or subpoena against the Electoral Commission as a body, the Secretary of State shall be considered the agent responsible for accepting service.

14. In accordance with Org.IV.6, Ranked Choice Voting shall be conducted in the following manner:

14.1. Voters shall rank the candidates for Senator for their province in order of preference. Voters may rank as many or as few candidates as they please.

14.2. If a voter submits a ranked list of preferences in which a candidate is listed multiple times, only the highest preference for that candidate is valid and the lower preferences for that candidate are invalid.

14.3. A preference for someone who is not eligible for the contested senate seat because they are either not a citizen of the province represented by the contested senate seat or not eligible to vote is considered invalid.

14.4. If a voter submits a ranked list of preference which includes both valid preferences for candidates and invalid preferences, such as described by B.14.2. or B.14.3., then the invalid preferences are ignored but the vote itself will still be valid and the preference for candidates will be considered in the order of the valid preferences.

14.5. At the conclusion of the election, each candidate is assigned all ballots which express him as first preference. The candidate with the fewest ballots assigned to him is eliminated. Each ballot cast for the eliminated candidate is reassigned to the next expressed preference on the ballot.

14.6. Once the ballots are reassigned, the candidate with the fewest ballots assigned to him is eliminated and the ballots cast for him reassigned according to B.14.5. This process is repeated until one candidate wins by having a majority of non-abstention ballots assigned to him.

14.7. If, after any iteration, there are two or more candidates with the fewest ballots assigned to them, the candidate with the fewest first preferences assigned to him shall be eliminated. If these candidates all have the same number of first preferences assigned to them, the candidate with the fewest second preferences assigned to him shall be eliminated, and so forth.

14.7.1. If no such distinction can be made between these candidates because all have the same number of votes on every level of preference, the remaining iterations shall be conducted under multiple scenarios. Each scenario shall eliminate one of the tied candidates.

14.7.1.1 If the different scenarios described by B.14.7.1. result in the same winner of the election overall, the winning candidate shall become the Senator.

14.7.1.2 If the different scenarios described by B.14.7.1. result in different winners of the election overall, the result will be considered a tie between the winners of the different scenarios and will be resolved in accordance with Org.IV.6.

14.8. If any ballot assigned to an eliminated candidate does not express a next preference, the ballot is treated in the same way as an abstention.

14.9. A candidate may not be assigned ballots after he has been eliminated. A ballot that would otherwise be reassigned to an eliminated candidate is instead assigned to the highest-ranked candidate that has not been eliminated, or treated as an abstention according to B.14.8.

15. In the event of a single seat being divided among two or more parties mathematically, the party with the highest number of total votes will be used, and in case of a tie, percentile dice will be used to determine a single owner for the divided seat, with chances proportional to the percentage of the vote received.

C. The Royal Civil Service

1. The following offices are henceforth to be styled the Offices of the Royal Civil Service. The head of each such office shall be considered an Officer of the Royal Civil Service, and the duties and functions of the offices shall be those described below (52RZ4)

1.1. The various Offices of the Cabinet Ministries, headed by Permanent Secretaries. (52RZ4)

1.1.1. A Minister of the Cabinet may recommend to the King the creation of an Office within their Ministry and the appointment of a Permanent Secretary to that office based upon their qualifications, willingness to work and taking into consideration the applicant’s performance in prior positions. All Permanent Secretary positions shall exist within the Royal Civil Service and shall be non-political appointments which shall be held until lawful dismissal, resignation or incapacitation. (52RZ4)

1.1.2. Secretaries shall serve as the administrative chief of their respective Offices tasked with the day to day operation of the Office’s work, and/or for any other special role assigned to them when their position is created. Secretaries shall implement Government policy within the bounds of Organic and statutory law, in the manner in which they deem appropriate. The functions of all Offices and the job descriptions of their Permanent Secretaries shall be made publicly available by the relevant Ministry.(52RZ4) (53RZ2)

Job descriptions shall be set by the Minister at the time of the appointment of a new Permanent Secretary, and during the time in office of that particular Secretary, may only be changed with the consent of that Secretary.

1.1.3. An individual may not hold the offices of Seneschal, Distain, Judge of the Uppermost Cort, Monarch, or any cabinet portfolio while simultaneously holding an active appointment to a secretary office. In addition, any Secretaries within the Ministry of Justice may not serve as a judge in any inferior court. (52RZ4)

1.1.4. Secretaries shall be styled “Honourable” during their tenure. (52RZ4)

1.2. The Chancery, headed by the Secretary of State. The functions of the Chancery are to prepare and submit the Clark, determine and report the passage or failure of each resolution considered by the Ziu, conduct, certify, and report upon all national elections, maintain the census and citizenship list, assist the citizenry in determining Talossan language personal names and registering the same, register political parties, communicate census information to political party leaders, and track and maintain legislative seating assignments. (52RZ4)

1.2.1. One member of the Chancery shall be the Royal Data Clerk, heading the Office of Dynamic Data Management. The function of the Office of Dynamic Data Management is to manage all computer records owned by the Kingdom of Talossa for its official functions and delegated to its care in order to help other Royal Households, Ministries or any other organization of the Kingdom which needs data management. The Royal Data Clerk may be the same person as the Secretary of State. The Royal Data Clerk shall be considered an Officer of the Royal Household. (52RZ4)

1.2.1.1. Once the first Royal Data Clerk accepts his position, and once two members of the Cort pü Inalt have confirmed that they are in receipt of full and accessible backups of the database system currently hosted on talossa.ca, this database shall be considered to be the property of the Office of Dynamic Data Management and thus, the property of the Kingdom of Talossa. (52RZ4)

1.2.2. The Bureau of the Census within the Chancery shall conduct a census of all citizens of Talossa, collecting demographic information and updating the Chancery's contact details for the citizenry. A census shall be performed every two calendar years, or more frequently if the Seneschal so requests. (52RZ4)

1.2.2.1. The only required questions for any respondent on the Talossan Census shall be

(a) current Talossan and non-Talossan names, and

(b) citizen contact details (preferably email).

The Chancery will provide an option for respondents to share their email address with party leaders, pursuant to D.8.5.4.(52RZ4)

1.2.2.2. Other questions on the Talossan Census shall be identical to the questions on the last census. These questions may be changed by the Chancery, either of its own volition or on request from the Seneschal, but any changes shall be approved by the Ziu, without needing to go through committee. These questions will be marked as optional, and at no time shall a citizen be forced or required to respond to an optional question.

1.2.2.3. Any information collected during the census that would individually identify any person or persons, including their contact information, shall be withheld from the public for to protect individual privacy, consistent with Lex.D.8. The only exception is that citizens may opt to have their e-mail address shared with party leaders, pursuant to D.8.5.4. Census information shall not be released under any "freedom of information" or "government transparency" requests, notwithstanding any other provisions of el Lexhatx. (52RZ4)

1.2.2.4. Demographic information and other information that does not identify the respondents shall be made available within thirty (30) days of the conclusion of any census. (52RZ4)

1.2.2.5 The Seneschál may request on behalf of the Government that a given communication shall be sent out by the Chancery to the email address of every citizen who has not "opted out" as provided in section C.1.2.2.5.4. below. The Chancery shall grant this request if, in the opinion of the Secretary of State, the following provisions are met:

1.2.2.5.1 Such communication shall pertain wholly to official Government business.

1.2.2.5.2 Such communication may not include publicity for, or any other business pertaining to, any political party or candidate for election.

1.2.2.5.3 Such communications are not sufficiently frequent or repetitive enough to qualify as "spam".

1.2.2.5.4 Citizens may "opt out" of receiving such communications by making a request to the Chancery.

1.2.3. Members of the Chancery are to be considered as if they were Deputy Secretary of State, without the ability to replace the Secretary should he become unavailable. Members may act in the name of the Secretary of State and perform official business as delegated to them by the Secretary. Once the requirements of M.2.1 above have been fulfilled, at least three members of the Chancery at any time shall have all the access required to carry out the Chancery's functions under this section. (52RZ4)

1.3. The Scribery of Abbavilla, headed by the Scribe of Abbavilla. The functions of the Scribery are to maintain and publish the Organic and statutory laws of the Kingdom. (52RZ4)

1.3.1. The Scribe of Abbavilla shall maintain all laws in L'Anuntzia dels Legeux, insofar as possible, with the same content that was approved by the Ziu, except that amending acts that refer to section numbers in pre-existing statutes that were changed by the Scribery shall be construed as referring to the equivalent section numbers in the amended statutes as originally enacted. (52RZ4)

1.3.2. The Scribe of Abbavilla shall maintain el Lexhatx in accordance with the directions in Title Z. The Scribe shall thus advise all proposers of bills to the Clark on proper formatting of their bills to conform with Title Z. (52RZ4)

1.3.3. If the Scribe, or their deputy(s), finds an error in the formatting, grammar, or spelling of a bill which is currently in the Clark, or is alerted of same, they shall work with the sponsor of the bill to fix said error(s). (52RZ4)

1.3.4. The Scribe, or their deputy(s), shall publicize any proposed changes to a bill, with the approval of the author. The changes are deemed to have been implemented after they have been public for seven days, unless the changes are disallowed by the conditions of C.1.2.5. (52RZ4)

1.3.5. If, before the proposed changes are implemented, a petition of MCs representing at least 1/3 of the seats in the Cosa, or a petition of at least 1/3 of the Senators, goes before the Scribe in protest of the proposed changes to a bill, the changes cannot be implemented. (52RZ4)

1.4. The Royal Archives, headed by the Royal Archivist. The function of the Archives is to preserve and make available the historical artifacts and information of the Kingdom in museums and other venues. (52RZ4)

1.4.1. The Royal Archiver be always known throughout the Kingdom of Talossa as Royal Archivist. (52RZ4)

1.4.2. No Public Record or Archive under the control of a Governmental body and/or the Royal Civil Service Body shall be destroyed, erased or otherwise disposed of without the written authorisation of the Royal Archivist. This Authorisation or Refusal must be announced on Wittenberg within three days of such Authorisation or Refusal is made. Authorisation or Refusal by the Royal Archivist for the destruction of an Archive may be overturned by a resolution passed by the Ziu. (52RZ4)

1.4.3. An Archive/record that has been granted authorisation for disposal may not be disposed until after thirty days after such an authorisation is granted. (52RZ4)

1.4.4. Any person who damages or causes to be damaged any Public Archive or Record in the control of a Governmental or Royal Civil Service body; or damages or causes to be damaged any Public Archive in the control of a Private body, Community and/or Individual; or removes, destroys or erases such Public record or archive otherwise than in accordance with this provision or any other law, shall be guilty of a serious misdemeanour if such damage, removal, destruction, or erasure was wilful, or guilty of a misdemeanour if such damage, removal, destruction, or erasure was reckless.

1.4.5. The Royal Archivist may refuse to allow any person convicted of an offence in terms of these provisions, access to an archives repository for such period as he or she may deem fit, subject to an appeal to the Uppermost Cort. (52RZ4)

1.4.6. For the purpose of this provision a Public Record and Archive is hereby defined as: "Public Archive" or "Public Record" means a record/archive created or received by a governmental or Royal Civil Service body in pursuance of its activities. (52RZ4)

1.4.7. At the end of each Clark, the Archivist shall post the link provided by the Secretary of State to the Chancery website. (52RZ4)

1.5. The Royal Treasury, headed by the Burgermeister of Inland Revenue. The function of the treasury is to: (52RZ4)

1.5.1. collect all revenues due to the King, (52RZ4)

1.5.2. maintain and report to the Finance Minister and the Government on the fiduciary health of the Kingdom, at least once in every two calendar months and whenever else requested (52RZ4)

1.5.3. disburse from the treasury all funds legitimately appropriated by the Ziu, (52RZ4)

1.5.4. keep a record of all changes in the account balances of the Royal Treasury. (52RZ4)

1.5.5. audit the reported financial condition of His Majesty's investments at any time.

1.5.6. provide, upon request of the Minister of Finance and any other time stated in law, a Financial Report containing the following information:

1.5.6.1. the amount, location, liquidity, and availability of all funds held by or for the Royal Treasury,

1.5.6.2. a detailed list of all changes in the account balances of the Royal Treasury since the last Report,

1.5.6.3. a balance sheet which clearly lists all expenses linking them to the relative sheet items in the budget bills approved in the Cosa,

1.5.6.4. the total amount of louise and postal items in circulation;

1.5.7. All accounts and other monies held by the Royal Treasury shall be held in the name of both the King and the Burgermeister, in such a way that the King shall be able to perform the functions of the Burgermeister in case of the Burgermeister's absence, on his own initiative or upon request of the Minister of Finance.

1.6. The Royal Society for the Advancement of Knowledge, headed by the President of the Royal Society. The function of the Royal Society is to conduct and promote research and academic study in all areas of human endeavour. (52RZ4)

1.6.1. Schools may be created within the Society for the purpose of focusing on a specific subject. The exact procedure for establishing a school shall be chosen by the President, who shall also appoint a dean to supervise each school. (52RZ4)

1.7.

Here so by the Ziu be enacted,

as follows, in verses protracted:

that we do create

a new office of state

to accomplish the purpose abstracted.

El Metrefieir Laureat

shall the office be named, come to that,

and we won't be sorry that

this Poet Laureate

will our Royal Civil Service work at

appointed as law may discern

for an indefinite term

of true dedication

to versification

on topics of public concern. (52RZ4)

2. With the exception of the Secretary of State and the Permanent Secretaries, every Office of the Royal Civil Service shall be assigned to a responsible Minister of the Government as named below, to report and consult concerning the conduct of their office as and when requested, necessary or useful. Officers are not subject to the direction of their responsible Minister except as required by Organic and statutory law. The Scribe of Abbavilla shall be responsible to the Attorney-General, the Royal Archivist to the Minister of Immigration, the Burgermeister of Inland Revenue to the Minister of Finance, and the President of the Royal Society and the Poet Laureate to the Minister of Culture. (52RZ4)

2.1. The Secretary of State shall report to and consult with the Ziu, as represented by the Túischac’h and the Mençéi, concerning the operation of the Chancery as and when necessary, requested or useful. (52RZ4)

3. The Officers of the Royal Civil Service shall have no fixed terms of office and shall not be removed from office by the dissolution of the Cosa.

3.1 The Secretary of State is appointed by the King on the recommendation of the Seneschál, and removed by the King on the recommendation of any two of the Seneschál, the Túischac’h or the Mençei for professional misconduct, inability to perform their duties due to incapacitation or failure to perform their required duties.

3.2 The other Officers of the Royal Civil Service are appointed by the King on the recommendation of the responsible Minister, and removed by the King on the recommendation of the responsible minister for professional misconduct, inability to perform their duties due to incapacitation or failure to perform their required duties. (52RZ4)

4. Any dismissed Officers shall be entitled to judicial review of their removal, by bringing complaint before a trial court. The court shall consider if any of the petitioner's rights, afforded by law, have been violated. The court shall have the authority to order reinstatement where appropriate or dismiss the complaint, thus sustaining the dismissal. (52RZ4)

5. The Secretary of State shall hold no seat in the Ziu. (52RZ4)

6. Each Officer of the Royal Civil Service is empowered to appoint one or more deputies who may act in the place of that officer in all cases. The King and nation shall be informed of all such appointments. (52RZ4)

7. Each Officer of the Royal Civil Service is empowered to appoint and dismiss any citizen of Talossa to non-political offices within their branch of the Royal Civil Service – including the heads of those subordinate agencies within their Office described by law, and empowered to organize or reorganize his office in any manner he deems shall best effect its services to the King, and within the limits set by law. empower any subservi