Ian Plätschisch
Senator for Maritiimi-Maxhestic
Posts: 4,001
Talossan Since: 3-21-2015
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Post by Ian Plätschisch on Aug 14, 2015 15:44:20 GMT -6
WHEREAS A voter should know which individuals they are voting for when casting a vote for a certain party, and
WHEREAS This will serve to increase accountability to the voters
THEREFORE Org.VIII.3, which currently reads;
Each party shall assign its seats to such individuals as it sees fit, provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats. The Ziu may by law establish a maximum number of seats that any one Member of the Cosa may hold by law, but the minimum number of Members of the Cosa shall be no less than the number of Senators, and the same limit shall apply to all Members of the Cosa, and any changes to the limit shall take effect no earlier than the distribution of seats after the next General Election.
shall be amended to read
Each party shall assign its seats to such individuals as it sees fit, subject to regulations regarding the reporting of such individuals prior to elections set forth by law, provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats. The Ziu may by law establish a maximum number of seats that any one Member of the Cosa may hold by law, but the minimum number of Members of the Cosa shall be no less than the number of Senators, and the same limit shall apply to all Members of the Cosa, and any changes to the limit shall take effect no earlier than the distribution of seats after the next General Election.
FURTHERMORE, upon the ratification of the above amendment by the People of Talossa, a new subsubsection B.2.3 shall added to el Lexhatx which reads;
B.2.3 The ballot must also include, for each party contesting the election, 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. B.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 B.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: B.2.3.1.1.1 The party's internal procedures are followed B.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 B.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 B.2.3.1.1.4 No person occupies more than the legal number of seats. B.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. B.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. Other subsubsections in B.2 are renumbered accordingly.
Noi urent q’estadra så: Ian Plätschisch (MC-MRPT) C. Carlüs Xheraltescù (Senator-Fiova)
Sir Alexandreu Davinescu (MC-RUMP)
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Aug 14, 2015 15:55:47 GMT -6
I don't see how this could be organic, considering Article VIII, Section 3:
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Post by Sir Alexandreu Davinescu on Aug 14, 2015 15:56:34 GMT -6
Inorganic. Parties may assign seats "as they see fit," barring certain explicit strictures.
Each party shall assign its seats to such individuals as it sees fit, provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats. The Ziu may by law establish a maximum number of seats that any one Member of the Cosa may hold by law, but the minimum number of Members of the Cosa shall be no less than the number of Senators, and the same limit shall apply to all Members of the Cosa, and any changes to the limit shall take effect no earlier than the distribution of seats after the next General Election. (Org.VIII.3)
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Post by Sir Alexandreu Davinescu on Aug 14, 2015 15:57:04 GMT -6
Haha! Beat me to it!
This clause makes good sense to have in the OrgLaw, of course, if you think about it. Otherwise any majority could also pass a law disallowing parties from assigning seats to a specific group of people -- like lawyers or socialists or whatever. No majority should be able to dictate how other parties operate.
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Ian Plätschisch
Senator for Maritiimi-Maxhestic
Posts: 4,001
Talossan Since: 3-21-2015
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Post by Ian Plätschisch on Aug 14, 2015 19:36:10 GMT -6
This is what senior legislators are for!
It did not occur to me this would be inorganic, but it makes sense now. I will change it soon.
What do you think about the content of the bill?
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Aug 14, 2015 21:04:18 GMT -6
What do you think about the content of the bill? Well, it seems consistent with some of the coalition's goals, at least. But the RUMP has always opposed mandatory, binding candidate lists or prohibiting one-man parties from competing for Cosa representation.
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Post by C. Carlüs Xheraltescù on Aug 15, 2015 1:02:25 GMT -6
The coalition is actually planning something very similar to this, but which hopes to give some flexibility to parties. Perhaps you'd like to work with us (and your party) on this? Please get in touch if you are!
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Ian Plätschisch
Senator for Maritiimi-Maxhestic
Posts: 4,001
Talossan Since: 3-21-2015
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Post by Ian Plätschisch on Aug 15, 2015 6:19:19 GMT -6
Sure! I didn't mean to go rouge, but I hadn't heard anything
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Aug 15, 2015 10:43:29 GMT -6
The coalition is actually planning something very similar to this, but which hopes to give some flexibility to parties. Perhaps you'd like to work with us (and your party) on this? Please get in touch if you are! I think I could support an amendment to OrgLaw VIII:3 that changes the first sentence of that section to say something like this (italicised language is new): "Each party shall assign its seats to such individuals as it sees fit, subject to any restrictions imposed by party rules and authorised by law, and provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats."
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Post by Munditenens Tresplet on Aug 15, 2015 15:30:54 GMT -6
I think I could support an amendment to OrgLaw VIII:3 that changes the first sentence of that section to say something like this (italicised language is new): "Each party shall assign its seats to such individuals as it sees fit, subject to any restrictions imposed by party rules and authorised by law, and provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats." This seems kind of redundant, since each party already assigns seats "as it sees fit", it would arguably be following the restrictions imposed by its internal rules already.
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Aug 15, 2015 15:59:59 GMT -6
This seems kind of redundant, since each party already assigns seats "as it sees fit", it would arguably be following the restrictions imposed by its internal rules already. The point would be to enable party constitutions to contain binding rules saying things like "seats will only be assigned to individuals included on the party candidate list prior to the election". At present, it's unclear whether a party can enforceably bind itself in such a way under the "sees fit" language.
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Post by Sir Alexandreu Davinescu on Aug 15, 2015 16:06:44 GMT -6
I'm not sure I could support such a change to the OrgLaw, since I have a feeling we'd be right back here, the month after the referendum passed, with a new bill that tries to ban single-person parties and require that all parties adopt ironclad MC lists. The leeway to allow enforceable party constitutions would be good, but I'm not sure it wouldn't bite us in the butt.
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Aug 15, 2015 16:13:58 GMT -6
I'm not sure I could support such a change to the OrgLaw, since I have a feeling we'd be right back here, the month after the referendum passed, with a new bill that tries to ban single-person parties and require that all parties adopt ironclad MC lists. The leeway to allow enforceable party constitutions would be good, but I'm not sure it wouldn't bite us in the butt. My intent was that any restrictions on a party's discretion on assigning seats would have to be established in the party's rules AND authorised by law. Any attempt to force restrictions on a party would require a new OrgLaw amendment, which is where we are now. That being said, I'm fine with the status quo too.
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Post by Sir Alexandreu Davinescu on Aug 15, 2015 16:43:35 GMT -6
Oh, I see. In that case, I think we want to work on the language slightly. I could support that, but either I just misread it (very possible!) or it's slightly ambiguous.
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Post by C. Carlüs Xheraltescù on Aug 16, 2015 2:40:37 GMT -6
If there's a single person party standing for election, how would requiring a Cosa list ban them? I'm rather confused by this.
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