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by The Republic of Marvinville. . 172 reads.

The Electoral Commission Act of 2021

The Electoral Commission Act of 2021

Authors: Marvinville, Brototh & Taungu
Sponsor: Marvinville
As amended by: Rhyssuan peoples & Primo order

Preamble:

To reform and revise the Electoral Commission and for other purposes.

Congress hereby agrees,

  • Section I - The Electoral Commissioner is responsible for organizing and conducting all elections and referenda in an impartial, timely manner.

    • I. The Commissioner shall have the ability to nominate a Deputy Commissioner and up to 3 Assistant Commissioners, with approval by the President.

    • II. When the Electoral Commissioner position is vacant, the Deputy Commissioner shall serve as the Acting Commissioner until a new Electoral Commissioner has been confirmed by the House of Commons.

    • III. If the Electoral Commissioner deems the performance of their Deputy or an Assistant unsatisfactory, they can recommend their dismissal to the President, and if approved, the person in question is immediately removed from their position.

  • Section II - The Electoral Commissioner shall be nominated by the President and confirmed by a simple majority vote in the House of Commons.

    • I. The Electoral Commissioner shall serve a term of 4 months, at which point the President may choose to renominate them, or nominate someone else.

  • Section III - If any member of the Electoral Commission is a candidate in an election, they do not have the right to participate in the election process as defined by this law.

    • I. Should the Electoral Commissioner be a candidate in any election, the Deputy Electoral Commissioner shall be in charge of running said election.

  • Section IV - If the Electoral Commissioner is suspected of breaking Thaecian laws, mismanaged an election, or abused their position to guarantee a particular outcome in an election, they may be liable to impeachment by Congress.

    • I. In order to impeach the Electoral Commissioner, an Article(s) of Impeachment, in the form of a piece of legislation, must be approved by a two thirds majority vote in the House of Commons, followed by a two thirds majority vote in the Senate. Following the votes in Congress, the Electoral Commissioner shall then be sent to an official trial before the High Court. The House of Commons may also hold a vote to send its own representative to argue in favour of the impeachment before the court, with the representative not needing to be a Member of Parliament himself. If the House of Commons does not choose a representative, it shall be the duty of the Justice Ministry to provide for a state attorney to argue in favour of the impeachment before the court. If the court rules in favour of the impeachment, The Deputy Election Commissioner shall serve as the Acting Commissioner until a new Electoral Commissioner has been confirmed by the House of Commons.

    • II. If an Electoral Commissioner has been successfully impeached and removed from office, they may not be nominated to the position again.

  • Section I - As per Article VIII, Section III of the Constitution, elections to the Legislature will use the Single Transferable Vote, specifically the Droop formula for calculating quotas in the Single Transferable Vote system and wherein only full votes may be used in the re-calculation of the same, and those to the executive shall use Instant Runoff Voting.

    • I. In the counting of votes, when it comes to re-distributing the surplus of votes over the quota received by a candidate, the Electoral Commissioner shall re-distribute votes by counting the total number of votes over the quota a candidate is, then distributing those votes proportionally to the voters' second-choice candidates.

    • II. In the event of a tie between two or more candidates for a final seat in an election which utilizes the Single Transferable Vote, the Electoral Commissioner shall break the tie as follows: (1) by the number of first place votes gained by the candidates, (2) by the number of overall second place votes gained by the candidates, (3) by the number of overall third place votes gained by the candidates, (4) by utilizing a coin flip, supervised by the Justices wherein a candidate, determined by the Justices, makes a "call" on what side the coin will land on and the winning "side" represents the victor in the election.

    • III. Thaecian voters have the right to not rank any number of candidates if they wish to do so.

  • Section II - Elections for the President, Prime Ministry, and Senate will take place every four months in the General election, which shall be held in the months of March, July, and November. Elections for the House of Commons will take place every two months, in the Midterm and General elections. These elections shall be held in the months of January, March, May, July, September, and November.

    • I. The Candidacy Election Period should end no later than 7 days prior to election day, which is to be determined by the Electoral Commissioner.

  • Section III - Inaugurations following the results of the Presidential, Prime Ministry, Senate, and House of Commons elections, shall always take place on the 10th day of the month in which the election was scheduled for.

    • I. The voting period should start no later than five days before the inauguration date, and no earlier than one week before the inauguration date.

    • II. All General and Midterm elections shall have a voting period that lasts approximately 72 hours.

    • III. The Inauguration may be delayed for up to three days to allow the High Court to verify results. This shall not change when the voting period must start, and when future elections must be held.

    • IV. Should the High Court exceed this time limit purposefully to subvert democracy or due to negligence, this may be grounds for impeachment. If they exceed this time limit because the election results are illegitimate, results may be recounted or a new election must be held.

  • Section IV - Snap elections and special elections shall be exempt from procedures laid out in Sections II and III of this law.

  • Section V - The Electoral Commissioner shall be obligated to hold a special election if a vacancy occurs within the positions of President, Prime Minister, Senate, and House of Commons.

    • I. Should a vacancy occur in the Senate or House of Commons in the 21 days before a Senate or House of Commons election, the Electoral Commissioner shall not be allowed to initiate a by-election for the vacant seat.

    • II. Should a vacancy occur in the office of President or Prime Ministry in the 28 days before a Presidential or Prime Minister election, the Electoral Commissioner shall not be allowed to initiate a by-election for the vacant seat.

  • Section VI - In the event of a vacancy that meets the requirements set by Article II, Section V, the inauguration of the newly elected official to fill the vacancy shall take place no later than 14 days following the date the vacancy occurred.

    • I. The Candidacy Election Period should end no later than 3 days prior to the special election, which is to be determined by the Electoral Commissioner.

    • II. The voting period in a special election must last approximately 48 hours.

    • III. In the event that the vacancy has not been filled by 14 days per Section VI, the Inauguration may be delayed for up to three days to allow the High Court to verify results.

    • IV. Should the High Court exceed this time limit purposefully to subvert democracy or due to negligence, this may be grounds for impeachment. If they exceed this time limit because the election results are illegitimate, results may be recounted or a new election must be held.

  • Section VII - The Electoral Commissioner is responsible for conducting regional referenda.

    • I. The Electoral Commissioner is able to conduct votes on more than one referenda at the same time.

    • II. Regional referendums should be included with General elections, Midterm elections, and special elections if possible.

    • III. Regional referenda votes shall not begin within 7 days of a General or Midterm election.

    • IV. Regional referenda votes must start no later than 14 days once the referenda has passed Congress, unless restricted by Article II, Section VII, Subsection III of this law.

    • V. Voters have the right to leave the referenda question blank if they wish to do so.

  • Section I - The High Court of Thaecia, by a unanimous vote of the Justices who vote in any decision on verification, shall verify the results of regional elections and referenda.

    • I. In the event that a High Court Justice is a candidate in an election, they do not have the right to participate in the verification process of the election they are running in, but they may participate in the verification process of any other election which they are not a candidate in.

  • Section II - The High Court shall be given the power to deem results “illegal”, should it be confirmed that there was at least one of the following:

    • I. Electoral fraud as defined by prospective Thaecian laws.

    • II. A candidate loses their citizenship status through the course of the election.

    • III. A voter that does not meet citizenship requirements casts a ballot during the course of the election.

    • IV. A voter loses their citizenship during the election after having already voted.

    • IV. The Electoral Commissioner violated any section of this law.

    • V. A mistake by the Electoral Commissioner, such as the counting or transferring of votes, with the possibility of changing electoral results.

  • Section III - Should electoral results be deemed “illegal”, the court shall be given the power to either allow for a recount of the results if possible under specific circumstances, or call for a new election if the violations do not allow for a simple recount to be enough to correct the results.

  • Section I - The Electoral Commissioner shall inaugurate the President, Prime Minister, and Members of Parliament on the House of Commons RMB. They shall also inaugurate Senators on the Thaecian Senate RMB. This shall be done with a public statement on the applicable RMB, stating whom has won office, by the Electoral Commissioner. Once done, the individual shall take their office.

    • I. This statement must be made within the timespan provided Article II Section II and Article II Section VI.

    • II. Inauguration shall be defined as the day and/or moment an individual takes office following an election.

  • Section II - When a legislative chamber is inaugurated following an election, the Electoral Commissioner shall chair the chamber until a Speaker/Chair has been elected as per Article V. For this duration of time, they will have the permission to speak on the House of Commons and the Thaecian Senate RMB.

  • Section I - At the beginning of each term and whenever the Speakership or the Chairpersonship is vacant, the Electoral Commissioner shall initiate a standing period in which any sitting legislator may place their name forward as a candidate for the vacant chamber leadership position.

    • I. The standing period must begin by at most 48 hours after a vacancy in the leadership position, or after the swearing-in of legislators end. It should end after no later than 24 hours, or after each legislator in their chamber has declared their intent or non-intent to stand, whichever comes first.

    • II. Should a vacancy occur before the upcoming Senate or House of Commons election, any current business in that chamber shall be tabled to a later date until the next Chair/Speaker is elected.

  • Section II - Once the standing period elapses, the Electoral Commissioner will begin a discussion and statements period in which the declared leadership candidates may address their respective chamber and sitting legislators in their respective chambers may voice their views of consternation, confidence, or field any questions to the declared candidates.

    • I. The discussion and statements period must begin immediately after the standing period elapses and should last at least 12 hours and continue no longer than 48 hours.

  • Section III - Following the discussion and statements period, the Electoral Commissioner shall initiate a vote in which any sitting legislator may vote in their respective chambers;

    • I. Legislators may cast a vote either for their preferred declared candidate, which can be done by simply stating their nation name, or "Abstain" indicating an abstention from voting that is discounted from the overall total number of votes cast.

    • II. Should there be only one declared candidate for either chamber leadership position, there shall be three voting options, an "Aye" vote declares confidence in the candidate, a "Nay" vote declares no confidence for the candidate, and "Abstain" indicates an abstention from voting that is discounted from the overall total number of votes cast.

    • III. The vote should last at least 24 hours after the vote started or until each legislator has been able to cast their ballot.

    • IV. As per Article II, Section III of the Constitution, should a candidate receive a simple majority vote of 50%+1 amongst the sitting legislators in their respective chamber, that candidate shall assume the vacant position at vote. If no candidate receives a simple majority, the procedure set out in Article II, Section III of the Constitution must be followed.

  • Section I - The Electoral Commission and all individuals who have served in the commission is forbidden from publishing any individual's ballot without proof that the individual in question consented to have their ballot made public.

    • I. This applies to ballots cast in both elections and referenda.

  • Section II - A ballot being made public shall be defined as the following: "disclosure of any ballot information in such a manner that could provide indication to the identity of an individual voter to any individual who is not presently serving as Electoral Commissioner, Deputy Electoral Commissioner, an Assistant Electoral Commissioner, or a Thaecian High Court Justice, unrelated to their positions as part of the confirmation of the electoral process".

  • Section III - The punishment for violation will be left to the discretion of the High Court; however, it will be mandated for the Electoral Commissioner to step down if they are found to be in violation of this law, in addition to whatever punishment is deemed fit by the Thaecian High Court.

  • Section I - This act hereby repeals L.R. 022 The Electoral Commission and Reform Act.


The Republic of Marvinville

Edited:

RawReport