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Amendment 23

Renegalle

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on: May 24, 2020, 04:28:00 pm
Amendment 23: Absence and Election Reform Act

Purpose: To solidify the way in which elections work, cover extraordinary circumstances, and create a better functioning system for when absences do occur.

Existing Article, Article E: The House of Representatives

1. The House shall consist of Representatives from each region in the Union, proportional to the total number of World Assembly members in each region.
2. The total number of seats in the House of Representatives shall be decided at the start of every House election. Each region will be able to elect one Representative for every 5 World Assembly nations they have. If a region does not fill all of its seats in an election, the vacant seats will not be considered absent and thus, not subject to Article G of this Constitution.
3. The House shall hold the power to pass and repeal laws.
4. The House may pass or repeal any of its laws with a simple majority vote by its members in favor of the change.
5. The House may override an Executive Order from the Prime Minister with a 2/3 majority vote by its members in favor of the change.
6. The House may hold impeachment proceedings against any government official, except House Representatives, Cabinet Ministers, and the Founder.
6.1. Any House member may initiate impeachment proceedings by writing articles of impeachment specifying the official to be impeached and the reasons for why they are being impeached. If these articles are seconded by another House Representative, they must be put to vote.
6.1.1. The Prime Minister and Justices shall require a 2/3 majority vote of the House to be impeached.
6.1.2. All other government officials, besides those excluded from impeachment in E.6, shall require a simple majority vote to be impeached.
6.2. If the House passes articles of impeachment against any official other than a justice, those Articles of Impeachment shall go to the Justices for a vote on whether the reasons within those articles warrant removal from office. If the Justices vote with a simple majority in favor of removal, the official shall be removed from office.
6.2.1. In considering whether or not the articles warrant removal from office, the Justices must consider all factors: the specific circumstances, the opinion of the public on whether that official should be removed, and any other factors brought up in or related to the Articles of Impeachment. If the impeachment was for reasons other than breaking the law, the Justices must only consider those factors and not whether a law was broken, in choosing whether the official should be removed. Once they have come to a decision, the Chief Justice must write a detailed explanation of why they believe the official should or should not be removed from office.
6.3. If the House passes articles of impeachment against a justice, then those Articles of Impeachment shall go to the citizens for a vote on whether the reasons within those articles warrant removal from office. If the citizens vote with a simple majority in favor of removal, the Justice shall be removed from office.
7. Any member of the House may propose an amendment to this Constitution. Once every member of the House has had the chance to review the Amendment, the Amendment may be seconded and subsequently, sent to vote. If the House votes in favor of it, with a simple majority, it will then be sent to the citizens for a vote, lasting 4 days. If the citizens approve of the amendment with a 2/3 majority, the amendment will be sent to the Founder for approval.
7.1. If the Founder signs the amendment, the Constitution shall be amended and the amendment shall become law. In signing it, the Founder may fix any spelling errors in the passed amendment and that fixed version shall become law.
7.2. If the Founder vetoes it, providing reasoning for their veto, it shall not become law, with no option to override the veto.

New Article, Article E: The House of Representatives

1. The House shall consist of Representatives from each region in the Union, proportional to the total number of World Assembly members in each region.
2. The total number of seats in the House of Representatives shall be decided at the start of every House election. Each region will be able to elect one Representative for every 5 World Assembly nations they have.
3. The House shall hold the power to pass and repeal laws.
4. The House may pass or repeal any of its laws with a simple majority vote by its members in favor of the change.
5. The House may hold impeachment proceedings against any government official, except House Representatives, Cabinet Ministers, and the Founder.
5.1. Any House member may initiate impeachment proceedings by writing articles of impeachment specifying the official to be impeached and the reasons for why they are being impeached. If these articles are seconded by another House Representative, they must be put to vote.
5.1.1. The Prime Minister and Justices shall require a 2/3 majority vote of the House to be impeached.
5.1.2. All other government officials, besides those excluded from impeachment in E.6, shall require a simple majority vote to be impeached.
5.2. If the House passes articles of impeachment against any official other than a justice, those Articles of Impeachment shall go to the Justices for a vote on whether the reasons within those articles warrant removal from office. If the Justices vote with a simple majority in favor of removal, the official shall be removed from office.
5.2.1. In considering whether or not the articles warrant removal from office, the Justices must consider all factors: the specific circumstances, the opinion of the public on whether that official should be removed, and any other factors brought up in or related to the Articles of Impeachment. If the impeachment was for reasons other than breaking the law, the Justices must only consider those factors and not whether a law was broken, in choosing whether the official should be removed. Once they have come to a decision, the Chief Justice must write a detailed explanation of why they believe the official should or should not be removed from office.
5.3. If the House passes articles of impeachment against a justice, then those Articles of Impeachment shall go to the citizens for a vote on whether the reasons within those articles warrant removal from office. If the citizens vote with a simple majority in favor of removal, the Justice shall be removed from office.
6. Any member of the House may propose an amendment to this Constitution. Once every member of the House has had the chance to review the Amendment, the Amendment may be seconded and subsequently, sent to vote. If the House votes in favor of it, with a simple majority, it will then be sent to the citizens for a vote, lasting 4 days. If the citizens approve of the amendment with a 2/3 majority, the amendment will be sent to the Founder for approval.
6.1. If the Founder signs the amendment, the Constitution shall be amended and the amendment shall become law. In signing it, the Founder may fix any spelling errors in the passed amendment and that fixed version shall become law.
6.2. If the Founder vetoes it, providing reasoning for their veto, it shall not become law, with no option to override the veto.

Existing Article, Article G: Absences

1. A government office is considered absent when:
1.1. The office holder has lost citizenship.
1.2. The office holder has not spoken or performed their duties on the NationStates website, Force forums, or Force Discord server in at least 1 week.
1.2.1. If a government official anticipates an absence this long, in order to keep their position, prior to the absence they must provide reasonable cause for it and designate another official in their area of government to take on their responsibilities. This shall not apply to the House of Representatives or Court, who are subject to G.2, regardless of the circumstances.
1.3. The office holder has resigned.
1.4. The office holder has been removed from office.
2. In the case of an absence in the office of Prime Minister, the Deputy Prime Minister shall assume the position of Prime Minister. If there is no Deputy Prime Minister, or the Deputy Prime Minister chooses to not take the office, the Speaker of the House will become Prime Minister.
2.1. In the case of there being no Speaker of the House or them choosing not to take the office, the matter shall go to the House, who shall be responsible for choosing a new Prime Minister.
2.2. Any House Representative may nominate a member of the Cabinet or House for Prime Minister, provided that the nominee has agreed to their nomination. Both the nominations period and the subsequent vote shall last for 24 hours. The nominee with a majority of the vote shall become Prime Minister.
2.2.1. If no nominee receives a majority of the vote, a second vote shall be held in which only the two nominees with the highest vote totals remain. The nominee who receives a majority of the vote after 24 hours shall become Prime Minister.
2.3. If no nominations are made, an emergency election, following the same rules as a regular election, must be held.
3. In the case of an absence of a House Representative or a member of the Court, an emergency election, following the same rules as a regular election, must be held if the next election for that position is more than one month away. Otherwise the Founder must appoint a replacement within 5 days.
4. In the case of an absence in the Cabinet, the Prime Minister must appoint a replacement within 7 days.

New Article, Article G: Absences

1. A government office is considered absent when:
1.1. The office holder has lost citizenship.
1.2. The office holder has not spoken or performed their duties on the NationStates website, Force forums, or Force Discord server in at least 1 week.
1.2.1. If a government official anticipates an absence this long, in order to keep their position, prior to the absence they must provide reasonable cause for it and designate another official in their area of government to take on their responsibilities. This shall not apply to the Court, whose members are subject to G.4, regardless of circumstances.
1.3. The office holder has resigned.
1.4. The office holder has been removed from office.
1.5. The office was left absent following an election.
2. In the case of an absence in the office of Prime Minister, the Deputy Prime Minister shall assume the position of Prime Minister. If there is no Deputy Prime Minister, or the Deputy Prime Minister chooses to not take the office, the Speaker of the House will become Prime Minister.
2.1. In the case of there being no Speaker of the House or them choosing not to take the office, the matter shall go to the House, who shall be responsible for choosing a new Prime Minister.
2.2. Any House Representative may nominate a member of the Cabinet or House for Prime Minister, provided that the nominee has agreed to their nomination. Both the nominations period and the subsequent vote shall last for 24 hours. The nominee with a majority of the vote shall become Prime Minister.
2.2.1. If no nominee receives a majority of the vote, a second vote shall be held in which only the two nominees with the highest vote totals remain. The nominee who receives a majority of the vote after 24 hours shall become Prime Minister.
2.3. If no nominations are made, an emergency election, following the same rules as a regular election, must be held.
3. In the case of an absence in the Cabinet, the Prime Minister must appoint a replacement within 7 days.
4. If all seats in the House of Representatives are vacant, an emergency election, following the same rules as a regular election, must be held if the next election for it is more than one month away.
5. In the case of an absence in the Court, the Founder must appoint a replacement within 5 days or choose to hold an emergency election for the position.
6. In the case of any other absence, unless otherwise specified by law, the office shall be considered vacant and no further action shall be taken.

Existing Article, Article H: Elections

1. Election Procedures
1.1. The election shall begin with candidacy declarations, which shall be open for 3 days.
1.2. Following this, a debate, open to questions by all citizens, shall be held for 3 days.
1.3. The last stage shall be voting, which shall be held for 4 days.
1.4. If an election ends with no candidate achieving a majority, voting shall continue until one does. If that election has only one candidate, a fresh election shall be held.
1.5. All stages of elections for Prime Minister, House of Representatives, and Court shall be started by and overseen by the Speaker of the House of Representatives.
1.5.1. The Speaker shall be responsible for sending a telegram to all citizens of the Union's capital region and is urged to send one to each of its states, notifying them of the start of each election stage. They shall do the same on the Force Discord Server. This, however, is optional.
1.5.2. If the Speaker is not able to perform these duties, the responsibility of doing so shall fall to the Deputy Speaker. If for whatever reason, the Deputy Speaker is unable to fulfill these duties either, the Chief Justice shall be endowed with these responsibilities.
1.6. Following the completion of one stage in an election, the next stage shall begin within 12 hours.
2. Prime Minister Elections
2.1. Elections shall start on the first of January, April, July, and October.
2.2. If there are more than two candidates, voters may rank their preferred candidates. Their favorite candidate shall be ranked 1, their second favorite 2, and so on as far as they wish to do rankings.
2.3. The candidate with the majority of votes shall be elected. Abstentions shall not be considered.
2.3.1. If no candidate achieves a majority, an instant runoff shall be triggered. The second preference of those who voted for a candidate other than the two with the most votes shall be counted and so on until a candidate has a majority of votes.
2.3.2. If all of a voter's preferences have been counted, their ballot shall not be used in further counting.
3. House Elections
3.1. Elections shall start on the first of January, April, July, and October.
3.2. Force and each of its territories with at least 5 World Assembly nations shall hold House Elections.
3.3. Each territory shall elect the candidates with the most votes to the seats available for that territory as indicated in E.2.
4. Court Elections
4.1. The three Justices shall be elected.
4.2. Elections shall start on the first of March, June, September, and December.

New Article, Article H: Elections

1. Stages
1.1. Elections shall begin with candidacy declarations, which shall be open for 3 days.
1.2. Following this, a debate, open to questions by all citizens, shall be held for 3 days.
1.3. The last stage shall be voting, which shall be held for 4 days.
1.4. Following the completion of one stage in an election, the next stage shall begin within 12 hours.
1.5. Should circumstances necessitate it, each stage may be shortened by up to one day. The length of a stage may not be changed once that stage has begun.
2. Voting
2.1. If an election ends with no candidate achieving a majority, voting shall continue until one does. If that election has only one candidate, a fresh election shall be held.
2.2. All ranked choice voting shall follow this process:
2.2.1. If there are more than two candidates, voters may rank their preferred candidates. Their favorite candidate shall be ranked 1, their second favorite 2, and so on as far as they wish to do rankings. Each candidate may only be ranked once.
2.2.2. The candidate with the majority of votes shall be elected. Abstentions shall not be considered.
2.2.3. If no candidate achieves a majority, an instant runoff shall be triggered. The second preference of those who voted for a candidate other than the two with the most votes shall be counted, then their third preference, and so on until a candidate has a majority of votes.
2.2.3.1. If the number of votes for all candidates is at parity, the second preferences of all voters shall be counted. This shall be repeated with each lower preference until two candidates have higher vote tallies than the others. H.2.2.3 shall then be followed as usual.
2.2.4. If all of a voter's preferences have been counted, their ballot shall not be used in further counting.
2.3. In elections for House Representatives, ballots shall allow residents of each territory to vote for or against each candidate running for that territory’s seat(s). They may vote, at maximum, for as many candidates as there are available seats, as indicated by E.2. The candidates with more votes for than against them shall be elected.
2.4. In elections for Court Justices, ballots shall allow citizens to vote for or against each candidate. They may vote, at maximum, for up to five candidates if there are at least that many candidates for the position. Otherwise, they may vote, at maximum, for up to three candidates. The candidates with more votes for than against them shall be elected.
3. Oversight
3.1. All stages of general and midterm elections shall be started, overseen, and run by the Speaker of the House of Representatives.
3.2. The Speaker shall be responsible for sending a telegram to all citizens of the Union's capital region and is urged to send one to each of its states, notifying them of the start of each election stage. They shall do the same on the Force Discord Server.
3.3. If the Speaker is unable to perform these duties, the responsibility of doing so shall fall to the Deputy Speaker. If for whatever reason, the Deputy Speaker is unable to fulfill these duties either, the Chief Justice shall be endowed with these responsibilities.
4. General Elections
4.1. These shall be held to elect the Prime Minister, all seats in the House of Representatives except for those from the capital territory, and all Court Justices. 
4.2. They shall begin on the first of March, July, and November.
4.3. Elections for Prime Minister shall follow ranked choice voting procedures.
5. Midterm Elections
5.1. These shall be held to elect the capital territory’s seats in the House of Representatives and all Court Justices.
5.2. They shall begin on the first of January, May, and September.
6. No emergency election for a vacant office shall conflict with a regularly scheduled election for that same office.

[Edited to comply with HB28 clause 3]
« Last Edit: June 06, 2020, 01:55:02 pm by Renegalle »


Lashnakia

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Reply #1 on: May 31, 2020, 07:32:24 am
Unanimously passed by the House, awaiting vote by the citizens.


Renegalle

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Reply #2 on: June 06, 2020, 01:23:25 pm
I hereby sign this Amendment to the Constitution into law.