First Pseudo-Clark Voting Thread (Jan. 1-13)

[Munditenens Tresplet]

Happy New Year to all!

Those eligible to vote in this First Pseudo-Clark are listed below:

	A #1	A #2	A #3	A #4	A #5	A #6	A #7
The King
King John
Members of Cosa
Sir Alexandreu Davinescu
Béneditsch Ardpresteir, O.SPM.
C. Carlüs Xheraltescù	PËR	PËR	PËR	PËR	CON	AUS	PËR
Cresti da Ion Nouacastra
E.S. Bornatfiglheu	PËR	PËR	PËR	PËR	CON	AUS	PËR
Eðo Grischun
Éovart Xhorxh
Erschéveþ da Schir
Ian da Bitour
Marti-Pair Furxheir S.H.
Miestrâ Schivâ, UrN	PËR	PËR	PËR	PËR	CON	AUS	PËR
Colonel Mximo Carbonèl	PËR	PËR	PËR	PËR	CON	PËR	PËR
Tariq Zubair
Viteu Marcianüs |iteu Marcianüs	PËR	PËR	PËR	PËR	CON	AUS	PËR
Þon Txoteu É. Davinescu
(Túischac'h) Munditenens Tresplet	---	---	---	---	---	---	---
Members of the Senäts
Sevastáin Pinátsch	PËR	PËR	PËR	PËR	CON	AUS	PËR
Alèx Soleighlfred
Sir C. M. Siervicül	CON	PËR	PËR	AUS	PËR	CON	CON
Ian Plätschisch	PËR	PËR	PËR	PËR	CON	PËR	PËR
Lüc da Schir	PËR	PËR	PËR	PËR	PËR	CON	PËR
Trotxâ  Betiñéir
Gödafrïeu Válcadác’h

Finally, I'm pleased to open voting on the following amendments to the Draft Organic Law:

Amendment #1: (An amendment) To keep the current election cycle

Replace the word "six" in Chapter III, Article 1, Section 5, Part 1, to read:

Duration of the Ziu. The Ziu shall sit for no more than seven Clarks. [...]

Ureu q'estadra så - Lüc da Schir (Senator - BE)

Amendment #2: (An amendment) To allow procedure changes during the whole term

The words "and may only be modified during the first Clark of a term" be struck from Chapter III, Article 2, Section 4 to read:

The Senäts shall enjoy the right to set forth its parliamentary procedure, which shall be inherited from preceding session of the Senäts. The Senäts shall enjoy the right to govern itself as it deems necessary and proper.

And the words "and may only be modified during the first Clark of a term" be struck from Chapter III, Article 3, Section 4 to read:

The Cosa must continuously profess its confidence in the ability of the Seneschal and the Government to function, which is demonstrated by a vote of confidence taken with each Clark by those sitting in the Cosa. The Cosa shall enjoy the right to set forth its parliamentary procedure. The Cosa shall enjoy the right to govern itself as it deems necessary and proper.

Ureu q'estadra så - Lüc da Schir (Senator - BE)

Amendment #3: (An amendment) To amend the MC removal process

Chapter III, Article 3, Section 4 (Removal from the Cosa), Part 1 to 4 be struck in full and replaced by the following:

Part 1. Repugnant Behavior. The Cosa shall retain authority to determine conduct that it deems repugnant warranting removal of a sitting member. All repugnant conduct shall be inherited from the preceding Cosa, and may be modified by a three-fifths majority of the Cosa.

Part 2. Procedure for Investigation. Pursuant to procedures set forth by the Cosa, any member may charge another member with repugnant conduct, and upon a petition signed by two-fifths of the Cosa being presented, the sitting member is deemed under investigation. No member shall be investigated due to repugnant conduct that went into effect after the action was committed.

Part 3. Procedure for Removal by the Cosa. When a member is under investigation, an internal trial shall be held according to a procedure established under the rules and procedure of the Cosa. At the conclusion of that trial, upon an affirmative vote of three-quarters of the sitting members, the member under investigation is deemed removed, with the seats to be reallocated by the Party who has an interest in those seats.

Part 4. Procedure for Removal by the Party. A Party may, upon a petition signed by two-fifths of the Cosa being presented, recall one of its members and reallocate their seats according to its own procedures.

Ureu q'estadra så - Lüc da Schir (Senator - BE)

Amendment #4: (An amendment) To amend the process set out for First Clarks

Chapter III, Article 5, Section 3 (Formation of the Government) be struck in full and replaced by the following:

Part 1. Intent to Form a Government. Upon certification of the general election, and apportionment of seats, until the day before the first Clark of the upcoming Cosa, which shall begin on the first day of the month following the last day of the Election, any Party may announce to the Secretary of State their intent to form a government. Such a statement of intent shall include a candidate for Seneschal, a candidate for Distain and a list of ministers.

Part 2. No Statement of Intent. If the Secretary of State does not receive a statement of intent from any party, the Secretary of State shall postpone the first Clark by one month, and the maximum number of Clarks in the upcoming session of the Ziu, as defined elsewhere in this Organic Law, shall be reduced by one. If the Secretary of State still does not receive a statement of intent from any party, the Secretary of State must promulgate a Writ of Dissolution and a new election must be held.

Part 3. Election of the Seneschal. During the First Clark, the Cosa shall select between the various candidates for Seneschal using Instant Runoff Voting, with one option being the election of no Seneschal. The Monarch shall appoint the Seneschal elected by the Cosa, who shall take the office from the previous Seneschal.

Part 4. Appointment of Ministers. Each Minister must receive a simple majority vote of the Cosa. A Minister shall hold office until a new Minister is appointed to that portfolio, provided the Minister does not leave office in some other manner.

Part 5. Failure to Elect a Seneschal. In the event that the Cosa does not elect a Seneschal, a new ballot shall be held during the second Clark; the parties shall be empowered to amend or rescind any statement of intent that they had previously submitted, until the day before the second Clark. If again the Cosa does not elect a Seneschal, the Secretary of State must promulgate a Writ of Dissolution and a new election must be held.

Part 6. Royal Assent to Ministers. The Seneschal shall immediately seek Royal Assent for each Minister, excluding the Seneschal. If the Crown is silent for a period of two weeks, assent shall be deemed automatic, and if Royal Assent is withheld for a specific Minister, the Cosa may reconfirm the Minister by a simple majority.

Chapter III, Article 1, Section 5, Part 1 (Duration of the Ziu), the words "The First Clark shall consist only of electing a Seneschal and cabinet and of considering any outstanding Royal Veto. The subsequent Clarks shall consist of introduction, passage, and certification of legislation." be struck in full to read:

[...] Each Clark shall last from the first day to the twenty-first day of a month, and Clarks shall take place in consecutive months unless otherwise specified elsewhere in this Organic Law. The Final Clark, to occur immediately preceding the next general election, shall consist only of elections to the Electoral Commission, or for passage of bills in their second recording, as described elsewhere in this Organic Law, or of considering any outstanding Royal Veto. [...]

In Chapter V, Article 2, Section 5, Part 3 (Overcoming Royal Veto), the words "be the only legislation that may be submitted to vote in the First Clark and may" be struck from Provision (c) to read:

[...] (c) a Third Reading shall not contain any changes

Noi urent q'estadra så - Lüc da Schir (Senator - BE), Ian V. Plätschisch (Senator - MM)

Amendment #5: (An amendment) To maintain His Majesty's Privy Council

A new Article 5 be added to Chapter II to read:

Article 5. Privy Council
Section 1.
Upon accession to the Throne, and subsequently every year on or about Independence Day, the Monarch shall name a Privy Council (Sabôr) consisting of a number of Privy Counsellors (Guaïrs) with whom he or she shall consult whenever possible on all matters of grave importance to the Kingdom, and whose duty shall be to offer the Monarch the benefit of their individual and collective wisdom and advice. Should at any time they deem it wise or necessary to do so, one or more Privy Counsellors may publicly issue a "Letter to the Monarch" about any matter of grave importance to the Kingdom. Privy Counsellors shall be entitled to add the honorific initials "GST" to their signatures, for "Guaïr del Sabôr Talossán", and shall serve at the pleasure of the Monarch.

Section 2.
The Monarch shall take care to include in this council those citizens with the longest and deepest connections to the ongoing historical life of the Kingdom, those citizens who have made significant contributions to the Kingdom, both in recent and earlier times, and those citizens who have significant experience in poltical or cultural fields.

Ureu q'estadra så - Lüc da Schir (Senator - BE)

Amendment #6: Democratic Way to Remove Monarch

II.3, which currently reads:

Article 3. Deposition
In the event that the Monarch is determined by a medical authority to be incapable of executing their duties, or if they are otherwise deprived of their natural liberty due to crimes committed in another sovereign State, or if they are convicted of high crimes to be determined by the Ziu by a two-thirds vote of both houses and immediately certified by a two-thirds vote in a referendum, the Monarch shall be deemed to have abdicated the Crown.

is amended to read:

Article 3. Deposition
In the event that the Monarch is determined by a medical authority to be incapable of executing their duties, or if they are otherwise deprived of their natural liberty due to crimes committed in another sovereign State, or if they are convicted of high crimes to be determined by the Ziu by a two-thirds vote of both houses and immediately certified by a two-thirds vote in a referendum, the Monarch shall be deemed to have abdicated the Crown.
At any other time, two-thirds of both houses may vote to depose the Monarch, and a referendum on the question shall be put to the people during the next General Election. If two-thirds of the people vote to depose the Monarch, the succeeding Ziu may again vote by a two-thirds majority of both houses to depose the Monarch, and another referendum on the question shall be put to the people during the next General Election. If two-thirds of the people vote to depose the Monarch, the Monarch shall be deemed to have abdicated the Crown.

Ureu q'estadra så - Ian V. Plätschisch (Senator - MM)

Amendment #7: Mandatory Private Ballot

III.5.4, which currently reads:

Part 4. Protected Rights. (a) No citizens, having achieved the age of majority as set forth in Chapter VII, article I, section 1 of this Organic law, shall be disenfranchised through the use of taxes or tests or other undue burdens; (b) all citizens shall have the right to a secret ballot, and this right survives the death of the individual; (c) the Ziu shall enforce this protection by appropriate legislation as is necessary and proper.

is amended to read:

Part 4. Protected Rights. (a) No citizens, having achieved the age of majority as set forth in Chapter VII, article I, section 1 of this Organic law, shall be disenfranchised through the use of taxes or tests or other undue burdens; (b) all voters shall use a private ballot; (c) the Ziu shall enforce this protection by appropriate legislation as is necessary and proper.

Ureu q'estadra så - Ian V. Plätschisch (Senator - MM)

Please vote Për, Con, or Aus on the above amendments by replying to this thread. Voting shall be open through the end of January 13th.

[Miestrâ Schivâ, UrN]

PËR on all except:

Amendment #5: CONTRA
Amendment #6: AUSTANÉU (I agree with the principle but the practice is far too cumbersome)

[Lüc da Schir]

I urge Those Who Can to sticky+announce this thread in a similar manner to the ordinary Clark voting thread.

[Colonel Mximo Carbonèl]

Azul,

My vote.

Per on 1 2 3 4 6 7
Contra 5

Mximo Carbonèl.

[C. Carlüs Xheraltescù]

Per: 1, 2, 3, 4, 7
Contra: 5
Austeneu: 6

[Ian Plätschisch]

1: Për
2: Për
3: Për
4: Për
5: Contrâ
6: Për
7: Për

[Sevastáin Pinátsch]

1-4: Për
5: Contrâ
6: Aus
7: Për

[Lüc da Schir]

1: Për
2: Për
3: Për
4: Për
5: Për
6: Contrâ
7: Për

[Viteu Marcianüs]

1: Për

2: Për

3: Për

4: Për

5: Contrâ

6: Austeneu - I REALLLLY want to vote for this, but "may" bothers me. I concede I am late to the game here. Here is my concern - if the Ziu approves by 2/3 and the People approve by 2/3, then the second Ziu could simply choose not to bring it up, thus ignoring the will of the People. Rather, I think the second Ziu MUST vote on it to certify the issue by a slightly lower margin, say 60%, because an informed citizenry may decide that the Monarch warrants removal but still think the party that generally supports the Monarchy should be in Government. This would mean the clear intent of 2/3s of the population is ignored and that they cannot vote nuance. I would word it as follows:

"At any other time, two-thirds of both houses may vote to depose the Monarch, and a referendum on the question shall be put to the people during the next General Election. If two-thirds of the people vote to depose the Monarch, the succeeding Ziu must vote to certify the referendum in the First Clark.  An affirmative vote of sixty-percent of both houses shall render the referendum certified.  Upon certification, the monarch shall deemed to have abdicated the throne.  If the Ziu fails to certify the referendum, the question must be presented to the People for certification during the Third Clark.  If the People adopt the measure by sixty-percent, then the matter is deemed is deemed certified and the monarch shall be deemed to have abdicated the throne." 

To map it out - 
Step 1 - Ziu votes 2/3 to ask the voters whether the monarch should be removed. 
Step 2 - The People vote 2/3s in favor of removal. 
Step 3 - The Ziu must certify the vote by 60%. If it does - the monarch is abdicated (i.e. removed). If not, see Step 4. 
Step 4 - In the Third Clark, the People are to have another referendum to certify abdication (i.e. override the Ziu).  Why the Third Clark you ask? Simple - if they must vote in the First Clark, the results may not be announced to until the Second Clark starts.  Also, it gives the SOS time to prepare for the referendum.  


7: Për

[Munditenens Tresplet]

The Call for Amendments for the Second Pseudo-Clark is now open. Voting will also continue in this thread, for the FIRST Clark, through the end of January 13th. The Second Pseudo-Clark will open on the 16th.

[Sir C. M. Siervicül]

1: Contra
2: Per
3: Per
4: Austanéu
5: Per
6: Contra
7: Contra

[E.S. Bornatfiglheu]

1 Per
2 Per
3 Per
4 Per
5 Con
6 Aus
7 Per