Post by Eðo Grischun on Feb 13, 2019 13:00:02 GMT -6
1. I wish to lodge a petition for an emergency injunction with the Cort pu Inalt to ask that the Chancery be required to collect such information during the prospective referenda on 52RZ19 as would enable the Chancery to determine the success or failure of this law within each individual province. The Chancery today announced that it would not collect this information should 52RZ19 pass the Ziu and go to referendum.
2. This injunction is necessary to prevent irreparable damage to a larger action that holds a reasonable chance of success otherwise. I will argue that 52RZ19 alters the representation within the Senats of my province, and accordingly it must only be deemed to be passed by referendum if my province agrees to this alteration. My request is lodged with standing as a voter and a citizen of the Kingdom of Talossa, whose rights under the law would thereby be irreparably damaged.
3. Simply put, we cannot resolve this in two weeks, and if the Chancery doesn't accurately record votes, it will be too late to go back and fix this. And since there's a decent chance of success for my larger request to apply the requirements of Org.XV.5 to an 52RZ19 referendum, and since it's reasonable to ask the Chancery to acquire the capability to do something it is Organically required to be able to do, I pray for relief.
STANDING
4. I have a direct interest in seeing my vote accurately recorded and tabulated under the terms of Org.XV.5, which guarantees that
5. I am a citizen of the United Provinces of Vuode and Dandenburg (or, for short, and herein, Vuode) and a voter in good standing, and a failure to follow the referendum process would disenfranchise me in contravention of my Organic rights.
NECESSITY OF PROMPT ACTION
6. The Chancery has announced:
In the current situation, we would not see which province voted which.
I could check every vote individually, including database votes, but I would strongly prefer not to, as these votes are cast privately. And then still, you would either need to trust me or have the EC sample votes as well.
If we do want an official results on the referendum for every province, changes would need to be made to the database asap. If someone therefore is going to argue before the CpI that I'm wrong and XV.5 does apply, I would suggest they do so URGENTLY.
Glüc da Dhi
Secretary of State
7. The database's technical limitations are unfortunate, and hopefully can be easily overcome, but they do not permit the Chancery to decline to collect information that it is required to collect under the Organic Law in order to accurately tabulate the results of a vote. The Chancery's official announcement indicates an intent to decline to collect said information, and this official decision is actionable.
8. I herein request an emergency injunction prior to the commencement of the election, anticipating that, given the customary slow speed of Talossan jurisprudence, it is unlikely that a complete set of hearings and a full decision on the applicability of Org.XV.5 will be complete prior to the start of the election in two weeks.
9. If the Chancery neglects to collect the relevant information, then the opportunity to do so will be entirely lost, regardless of the outcome of full proceedings. It would be unreasonable and impractical to request a second election. Failing to act now would be akin to ruling on the entire matter without a full hearing on the merits, which would be a violation of my right to due process before the law.
REASONABLE CHANCE OF SUCCESS
10. I believe there is at least a reasonable chance of success of a suit to apply the requirements of Org.XV.5 to a referendum on 52RZ19. The OrgLaw requires that any changes to its text that "affect the representation of a province in the Senäts" must be approved by that province. 52RZ19 would make significant changes to the representation of Vuode in the Senats, and so Vuode must approve the amendment before it may be allowed to pass.
11. The changes are numerous, and an exhaustive list would take some time to compile. However, a partial list must include the following prospective changes to the representation of Vuode in the Senats:
12. The eligibility and requirements to be a Senator would be changed. It would no longer required for a year to pass before a citizen is eligible to be elected to the Vuode seat.
13. The terms under which the order of elections to the Senats would be changed, allowing them to be altered with a simple majority of the Cosa rather than a 2/3 majority of the Cosa.
14. The simultaneity of Cosa and Senats election would no longer be protected, allowing them to be scheduled at different times.
15. The current method of election to the Senats when conducted by the Chancery, Ranked Choice Voting, would be eliminated.
16. The current procedure for the Chancery conducting Senatorial elections for Vuode would be altered, and no longer assured to be the demesne of my province absent an official request.
17. The method by which a Senator is replaced is altered, shifting from interim appointment to immediate plebiscite.
18. This list was generated by a single pass through Org.IV by a trusted colleague, and numerous more examples are available if that same colleague, or myself, is/ are given time. However, in the interests of expediency and swiftness, I wished to present this petition as quickly as possible. Any single valid example would suffice.
19. I am not arguing the merit of any changes, or indeed arguing the merit of the bill in any way, but only arguing that the Organic Law explicitly requires that changes to how my province is represented must be approved by my province. Should the changes be acceptable and good to the voters of Vuode, then we can expect the province to accede to them.
20. Each of these changes does change that representation, in ways both large and small. It would be tedious to examine each change, although I am willing to do so if called upon.
21. As an example, altering the method of replacement of a Senator means that, subsequent to a Senator's impeachment, I would be represented by a person who was chosen for the post in a very different way. Assuredly, the method by which a Senator is chosen must fall within the limits required by Org.XV.5, which demands approval from a province for anything that would "affect the representation of a province in the Senats."
22. If such matters as the eligibility of Senators and their election to the post do not "affect the representation of a province in the Senats," then it is difficult to imagine anything that would affect representation, short of openly abolishing a Senats seat.
23. However, it would be unreasonable to rule that all changes to the Organic Law that might theoretically and in some tiny way alter the function of the Senats must require supermajority approval from every province. Accordingly, I am prepared to propose a test to be applied to a change. This test may be applied by the Chancery in the future.
24. While my arguments on this matter are rushed due to time constraints, I believe that my case stands a reasonable chance of success once it is heard with fullness. To refuse this petition would thus be fatal to a necessary action that might well otherwise succeed, and accordingly it would be a violation of my rights to due process.
FEASIBLE SOLUTION
24. It is my belief that the election database can be altered to allow the Chancery to collect the necessary information. I do not, personally, possess the technical knowledge or the technical skills of how this can be achieved, however I do possess enough knowledge of computer and computerised database systems, including official qualifications in the same, to assert my belief that the election database can be altered to allow the Chancery to collect the necessary information.
25. If the election database is incapable of tabulating votes by province, then it should probably be altered or abandoned, regardless of the merits of the suit. The Chancery should and must have the capability to run votes under the strictures of Org.XV.5, even if this Cort should rule they ultimately do not apply. My request for an injunction thus cannot be conceived as overly burdensome or onerous, since it constitutes acquisition of an ability that the Chancery should already possess in order to carry out its Organic obligations.
REQUESTED RELIEF
26. I pray that the Cort direct the Chancery to take whatever measures it deems reasonable to prepare for a full and verifiable tabulation, by province, of the vote on a forthcoming referendum on the currently-Clarked 52RZ19.
27. I pray that proceedings be scheduled for a hearing on the larger matter: the application of Org.XV.5 to a referendum on 52RZ19.
Respectfully,
Éovart Grischun
Citizen of the United Provinces of Vuode and Dandenburg
2. This injunction is necessary to prevent irreparable damage to a larger action that holds a reasonable chance of success otherwise. I will argue that 52RZ19 alters the representation within the Senats of my province, and accordingly it must only be deemed to be passed by referendum if my province agrees to this alteration. My request is lodged with standing as a voter and a citizen of the Kingdom of Talossa, whose rights under the law would thereby be irreparably damaged.
3. Simply put, we cannot resolve this in two weeks, and if the Chancery doesn't accurately record votes, it will be too late to go back and fix this. And since there's a decent chance of success for my larger request to apply the requirements of Org.XV.5 to an 52RZ19 referendum, and since it's reasonable to ask the Chancery to acquire the capability to do something it is Organically required to be able to do, I pray for relief.
STANDING
4. I have a direct interest in seeing my vote accurately recorded and tabulated under the terms of Org.XV.5, which guarantees that
Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall not be promulgated unless approved by a majority of participating voters in that province.
5. I am a citizen of the United Provinces of Vuode and Dandenburg (or, for short, and herein, Vuode) and a voter in good standing, and a failure to follow the referendum process would disenfranchise me in contravention of my Organic rights.
NECESSITY OF PROMPT ACTION
6. The Chancery has announced:
I could check every vote individually, including database votes, but I would strongly prefer not to, as these votes are cast privately. And then still, you would either need to trust me or have the EC sample votes as well.
If we do want an official results on the referendum for every province, changes would need to be made to the database asap. If someone therefore is going to argue before the CpI that I'm wrong and XV.5 does apply, I would suggest they do so URGENTLY.
Glüc da Dhi
Secretary of State
7. The database's technical limitations are unfortunate, and hopefully can be easily overcome, but they do not permit the Chancery to decline to collect information that it is required to collect under the Organic Law in order to accurately tabulate the results of a vote. The Chancery's official announcement indicates an intent to decline to collect said information, and this official decision is actionable.
8. I herein request an emergency injunction prior to the commencement of the election, anticipating that, given the customary slow speed of Talossan jurisprudence, it is unlikely that a complete set of hearings and a full decision on the applicability of Org.XV.5 will be complete prior to the start of the election in two weeks.
9. If the Chancery neglects to collect the relevant information, then the opportunity to do so will be entirely lost, regardless of the outcome of full proceedings. It would be unreasonable and impractical to request a second election. Failing to act now would be akin to ruling on the entire matter without a full hearing on the merits, which would be a violation of my right to due process before the law.
REASONABLE CHANCE OF SUCCESS
10. I believe there is at least a reasonable chance of success of a suit to apply the requirements of Org.XV.5 to a referendum on 52RZ19. The OrgLaw requires that any changes to its text that "affect the representation of a province in the Senäts" must be approved by that province. 52RZ19 would make significant changes to the representation of Vuode in the Senats, and so Vuode must approve the amendment before it may be allowed to pass.
11. The changes are numerous, and an exhaustive list would take some time to compile. However, a partial list must include the following prospective changes to the representation of Vuode in the Senats:
12. The eligibility and requirements to be a Senator would be changed. It would no longer required for a year to pass before a citizen is eligible to be elected to the Vuode seat.
13. The terms under which the order of elections to the Senats would be changed, allowing them to be altered with a simple majority of the Cosa rather than a 2/3 majority of the Cosa.
14. The simultaneity of Cosa and Senats election would no longer be protected, allowing them to be scheduled at different times.
15. The current method of election to the Senats when conducted by the Chancery, Ranked Choice Voting, would be eliminated.
16. The current procedure for the Chancery conducting Senatorial elections for Vuode would be altered, and no longer assured to be the demesne of my province absent an official request.
17. The method by which a Senator is replaced is altered, shifting from interim appointment to immediate plebiscite.
18. This list was generated by a single pass through Org.IV by a trusted colleague, and numerous more examples are available if that same colleague, or myself, is/ are given time. However, in the interests of expediency and swiftness, I wished to present this petition as quickly as possible. Any single valid example would suffice.
19. I am not arguing the merit of any changes, or indeed arguing the merit of the bill in any way, but only arguing that the Organic Law explicitly requires that changes to how my province is represented must be approved by my province. Should the changes be acceptable and good to the voters of Vuode, then we can expect the province to accede to them.
20. Each of these changes does change that representation, in ways both large and small. It would be tedious to examine each change, although I am willing to do so if called upon.
21. As an example, altering the method of replacement of a Senator means that, subsequent to a Senator's impeachment, I would be represented by a person who was chosen for the post in a very different way. Assuredly, the method by which a Senator is chosen must fall within the limits required by Org.XV.5, which demands approval from a province for anything that would "affect the representation of a province in the Senats."
22. If such matters as the eligibility of Senators and their election to the post do not "affect the representation of a province in the Senats," then it is difficult to imagine anything that would affect representation, short of openly abolishing a Senats seat.
23. However, it would be unreasonable to rule that all changes to the Organic Law that might theoretically and in some tiny way alter the function of the Senats must require supermajority approval from every province. Accordingly, I am prepared to propose a test to be applied to a change. This test may be applied by the Chancery in the future.
24. While my arguments on this matter are rushed due to time constraints, I believe that my case stands a reasonable chance of success once it is heard with fullness. To refuse this petition would thus be fatal to a necessary action that might well otherwise succeed, and accordingly it would be a violation of my rights to due process.
FEASIBLE SOLUTION
24. It is my belief that the election database can be altered to allow the Chancery to collect the necessary information. I do not, personally, possess the technical knowledge or the technical skills of how this can be achieved, however I do possess enough knowledge of computer and computerised database systems, including official qualifications in the same, to assert my belief that the election database can be altered to allow the Chancery to collect the necessary information.
25. If the election database is incapable of tabulating votes by province, then it should probably be altered or abandoned, regardless of the merits of the suit. The Chancery should and must have the capability to run votes under the strictures of Org.XV.5, even if this Cort should rule they ultimately do not apply. My request for an injunction thus cannot be conceived as overly burdensome or onerous, since it constitutes acquisition of an ability that the Chancery should already possess in order to carry out its Organic obligations.
REQUESTED RELIEF
26. I pray that the Cort direct the Chancery to take whatever measures it deems reasonable to prepare for a full and verifiable tabulation, by province, of the vote on a forthcoming referendum on the currently-Clarked 52RZ19.
27. I pray that proceedings be scheduled for a hearing on the larger matter: the application of Org.XV.5 to a referendum on 52RZ19.
Respectfully,
Éovart Grischun
Citizen of the United Provinces of Vuode and Dandenburg
