Elections - Convocation of the Assembly

[Sir Alexandreu Davinescu]

I guess I'm the only one to have noticed that our provincial officials didn't make the appropriate request this time around to the Secretary of State to run our elections at the same time as the national elections. Current law specifies election method in a vague manner, "Candidates for assemblypersons shall be required to be at least fourteen years of age, a citizen of good standing of Maritiimi-Maxhestic, and free from any criminal record in Talossa. The time and manner of elections for assemblypersons shall be determined by law." While my Body of Law Act would so determine the election laws, it is not yet part of the law. Still, our constitution did nullify the automatic election clause of the OrgLaw. So we are in a legal morass here, with no specific directions as to the election but a certainty we need one.

Currently we have only one official, the Grand General Secretary Breneir Tzaracomprada. But with no action from that quarter, I am officially acting as a member of the Assembly and convening that body. Its current members are:

Provincial Assembly	Seats
Breneir Tzaracomprada	3
Istefan Lorentzescu	1
Sir Fritz von Buchholtz	4
Alexander Davis	5

There are thirteen seats in the Assembly, and we will convene when any majority is present and reading this thread, as indicated by a post here.

Our business is conducting the provincial election.

[Istefan Lorentzescu]

I thought the GGS and the Assembly were powerless to take any action as we are under a state of emergency.

[Breneir Itravilatx]

Thanks for pointing that out Istefan. I thought that was the case too.

[Sir Alexandreu Davinescu]

I would hold that with the dissolution of the Cosa, the "term" unspecified but spoken of in our constitution has ended, and accordingly the Assembly is once more empowered. This is an item that shall be explicitly defined by law in my upcoming bill, but in its current nebulous state, Org.XVII.9 seems to have no guidance and so I argue that the governing law is our Emergency Powers clause of the constitution. By immensely long tradition and complete default (i.e. never has it been otherwise) the term of the Assembly's predecessors in M-M law have run concurrently with the Cosa, and accordingly the "term" can be seen to refer to the duration of the Cosa. That has expired, and thus I think so has the Emergency.

Others may have a varying interpretation, but that's my opinion.

[Istefan Lorentzescu]

I would have thought as our term is up none of us would be considered to be in provincial office, but the Province has to do something Alexander's Interpretation appears to be a sensible way forward.

[Breneir Itravilatx]

I think we need legal guidance on this and would invite an opinion from a member of the UC.

I was operating under the assumption that the past Assembly was dissolved and we now await the end of the current election.

[Sir Alexandreu Davinescu]

Except that we will not have an election, because one is not currently being conducted. If we dissolve before we schedule and appoint one, there will be no incoming Assembly. Thus this meeting, to ordain an election before we dissolve for this term.

[Breneir Itravilatx]

S:reu Davis, did we have an election for Assemblypersons during the last election?

[Sir Alexandreu Davinescu]

I made sure it was conducted by the Chancery last time. I was neither Senator or GGS this term.

[Breneir Itravilatx]

There was a column for provincial voting for all provinces in the last election regardless of requests by any official. There is no such option for any province in this election. Said difference has nothing to do with the actions of any provincial official, S:reu Davis.

In any event, I look forward to an opinion from a legal expert (assuming a member of the UC) on the legality of this convention and until such legal guidance is provided I will not participate in possibly illegal activity.

[Sir Alexandreu Davinescu]

That is your prerogative, although I strongly urge you to reconsider.

Let me be clear: I do not think this matter is in any way your fault, and any implication that I do is an errant one on my part. So you don't need to worry about me pointing fingers - this is just an unfortunate circumstance. Last term I did double-check to make sure that provincial elections would be held, but that doesn't mean it's incumbent on anyone to do so. I mistakenly assumed it would be done, but we have no appointee for that. It's no one's fault.

But to do nothing is not, in my opinion, a wise move. Asking a notoriously slow Cort or its members to consider the question is tantamount to saying we're comfortable with not having an Assembly this term - such individuals have a lot of responsibility to be right about such things, and so rendering a considered opinion requires significant time and research into the legal background. I am not comfortable waiting all term.

Moreover, if a legal expert from elsewhere disagrees, then that is not a ruling. It merely means that he and I disagree. I don't think we should be looking to people outside the province about how we run it. If members of this body are not comfortable relying on their own knowledge of the law - which as legislators is something that seriously concerns me - they could try consulting a Maritiimi-Maxhestian like S:reu Preston on the matter. Vuode or Florencia or Benito shouldn't be deciding Maritiimi-Maxhestian questions. Only a serious Cort matter within their jurisdiction - which does not include how we run things! - should be considered their demesne.

In summary: if we wait and you contact for help, we risk two poor outcomes.

• No reply comes in a timely fashion, and we do nothing this term. We also risk breaking the law, because our constitution requires only a single term of Emergency.
• A reply comes, and a precedent is set that Maritiimi-Maxhestic cannot adjudicate its own matters.

Whereas, if we actually act and do so boldly, there is almost no risk. We are the duly-appointed Assemblypersons of a democratic body, acting in a legal grey area to ensure governance for the people. Not only is it the smart thing to do, it's the right thing to do.

Let's not be craven. Let's discuss and think, and act.

[Istefan Lorentzescu]

I must take an urgent absence we have a force 5 cyclone bearinge down upon us in townsville Australia within the next 24 hours and i dont expect internet access for a considerable period after that

[Istefan Lorentzescu]

while im still able to make comment I with draw my cooment
I would have thought as our term is up none of us would be considered to be in provincial office, but the Province has to do something Alexander's Interpretation appears to be a sensible way forward.

[Sir Alexandreu Davinescu]

Thank you, S:reu Lorentzescu. I hope you weather the storm okay.

[Breneir Itravilatx]

S:reu Lorentzescu, please be safe during this serious weather emergency. You will be in my thoughts and I may try and call you if it is possible within the next week.

S:reu Davis there is nothing craven or unreasoned about caution within a gray area with respect to legality. And a legal opinion from a UC Justice, the Secretary of State or the Attorney-General would not take long and I believe is fully warranted under these uncertain circumstances. This is not a personal matter between you and I nor a matter of assigning blame in my humble opinion so we agree on that matter.

Merely a moment not to assume anything and to proceed with caution.