[DISCUSSION] Fixing The Senatorial Election Balls-Up

[Miestrâ Schivâ, UrN]

I am going to suggest the following amendments to the Fiovan Elections and Referendums Law:

AMEND Title II, Section 3 to read: "The voting period for all elections shall be fourteen days." (Conforming with Federal elections, which will save confusion in future senatorial elections.)

AMEND Title II, Section 5 to read:

The Secretary of State shall maintain a list of electors, with their electronic and postal details attached, and shall communicate the ballot paper and voting instructions to the electors in a personalised manner, such as by email, postal mail, telephone call or text message once the ballot paper is available, as well as making this information publicly available on the National Webspace. The Secretary of State shall issue two reminders in a personalised manner as above with the same information to voters, the first no later than seven days before the deadline for voting, and the second no later than three days before the deadline for voting.

(The point of this? At the moment it is legal to just post something on Witt and you've "communicated to the voters". This will mandate email or similar reminders.)

[C. Carlüs Xheraltescù]

I'm wholeheartedly in favour of this amendment.

[Üc R. Tärfâ]

Seconded

[Üc R. Tärfâ]

There're other parts of the law which needs to be polished, i'll post the needed amendments here this afternoon (cézembre time)

[Üc R. Tärfâ]

I'm suggesting to add these:

AMEND Title II, Section 2.1 to read:

«This system may involve online voting, paper ballots, or any other method of recording votes consistent with this Act and with the Constitution. If the election is to be conducted electronically, the Secretary of State will also devise and publish a non-electronic method of voting to ensure the rights of if there are citizens who lack such access.»†

AMEND Title III, Section 3 to read:

«Upon the day following the close of nominations for the election of the Capitán, if no nominations have been received, then the election shall be void and the Secretary shall then restart the election process at a time of his/her choosing. Otherwise, the Secretary of State shall publish the names of all candidates standing, as well as their fifty word statements. Seven days following that, s/he shall make the ballot paper available to all electors as outlined in the subsequent sections of this Section and in Section 5. in this law»

AMEND Title III, Section 4 to read:

«At the close of the voting period, the Secretary of State shall count the votes in accordance with Section 5 of this Act. Unless the election is void, the Secretary shall then declare the successful candidate to be Capitán of Fiôvâ, or in the case of the Senatorial election, Senator of Fiôvâ. Upon the day following the close of nominations for the election of the Senator, if no nominations have been received, then the election shall be void and the Secretary shall then immediately restart the election process; if again no nominations have been received, then Fiôván Senäts’seat should be declared vacant. Otherwise, the Secretary of State shall publish the names of all candidates standing, as well as their fifty word statements. Seven days following that, s/he shall make the ballot paper available to all electors as outlined in this law.»††

ADD Title III, Section 5 to read:

«At the close of the voting period, the Secretary of State shall count the votes in accordance with Section Title 5 of this Act. Unless the election is void, the Secretary shall then declare the successful candidate to be Capitán of Fiôvâ, or in the case of the Senatorial election, Senator of Fiôvâ. If the election of the Senator is void according to Section § V.II.3.1, then Fiôván Senäts’seat should be declared vacant.»††

ADD Title III, Section 6 to read:

«If Fiôván Senäts’seat is vacant, the Capitán shall appoint a Senator to sit until the next General Election or the next election for the Capitán, whichever is sooner, at which time a Senatorial By-Election to serve the remainder of the term should be called following the provisions of this Act. In the case the Senatorial By-Election is conducted simultaneously with the election for the Capitán, if the nomination process of one of the two elections is delayed in accordance with the provisions of this Act, then the voting period of the other election is delayed in order to hold both simultaneously.»††

ADD Title V, Part I, Section 4 to read:

««A political party may endorse a candidate, whether or not the candidate himself states his party affiliation, by publicly acknowledging it upon their publication by the Secretary.»

Reasons:
† The current reading is a potential source of legal petitions.
†† Bring the law in accordance with Article IV of the Organic Law, mainly sections 2 and 10.

[Üc R. Tärfâ]

I whish to suggest another amendment to the electoral law:

REMOVE Title II, Section 2.8

ADD Title VI. Challenging the result of the Election.

«1. A citizen may petition the Landsdoom to challenge the validity of the election, of any vote cast or the conduction of the election if he feels that his rights under the Constitution and law of Fiôvâ have been violated. Such a petition shall be filled within thirty (30) calendar day from the ending of the election.

2. The Landsdoom may either dismiss the case, by declining to hear it, or begin hearing arguments in the matter as presented by all relevant parties.

3. The Landsdoom shall rule on the case within twenty (20) calendar days from the reception of the petition. Should this time elapse and no decision be rendered as to whether the Landsdoom will hear the matter brought before it, an unwillingness to hear the case is implied.

1. The Landsdoom may issue an injuction to restrain the Secretary of State to certify the result of the election until the ruling.

4. Should the Landsdoom rule in favour of the plaintiff, it may rule either that:

1. there be a recount of the ballots by a person or persons independent of the Office of the Secretary of State, and that the result of this recount shall be certified as the official result of the election;
2. the final vote tally shall be adjusted to disregard an invalid vote, include a wrongly discarded vote or include a new vote;
3. the election be declared void and a new election held under the procedures outlined in this Act.

5. The decision of the Landsdoom may be appealed to the Uppermost Cort.»

Sir Tamorán dal Navâ I'd like to hear your opinion on this one.