Miestrâ Schivâ, UrN
Seneschal
the new Jim Hacker
Posts: 6,635
Talossan Since: 6-25-2004
Dame Since: 9-8-2012
Motto: Expulseascâ, reveneascâ
Baron Since: Feudal titles are for gimps
Duke Since: Feudal titles are for gimps
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Post by Miestrâ Schivâ, UrN on Sept 30, 2018 15:17:31 GMT -6
You mean, party leaders handing out seats in our legislature as inducements, rather than our legislators actually having been endorsed at elections by the people? What a progressive idea. MIXED MEMBER PROPORTIONAL (20-SEATS REAL) COSA! But only if we abolish the Senäts. There just aren't enough warm bodies. We shouldn't be "drafting" barely active people to hold seats in the Cosa when they could do a better job as non-political civil servants - Talossa is too politicised already.
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Glüc da Dhi
Secretary of State
Posts: 6,112
Talossan Since: 5-14-2009
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Post by Glüc da Dhi on Sept 30, 2018 15:25:21 GMT -6
Maybe discussions about what the law should be could better be moved to another thread.
The questions I asked are not urgent anymore, since a new assignment has been posted. That said I'd still be interested in the answer to my questions about how the current law should be interpreted in case this matter comes up again.
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Lüc da Schir
Senator for Benito
If Italy wins a Six Nations match I will join the Zouaves
Posts: 4,125
Talossan Since: 3-21-2012
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Post by Lüc da Schir on Sept 30, 2018 15:27:34 GMT -6
MIXED MEMBER PROPORTIONAL (20-SEATS REAL) COSA! But only if we abolish the Senäts. Me and Glüc da Dhi have chatted extensively about an unicameral MMP Ziu last summer and yes, that's the catch. I'd love to see MMP-RC20 happen, but right now the Senate is working and there's no compelling enough argument to nuke it yet.
Edit: I apologise for hijacking the thread. I'll speak no further about this matter.
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Post by Munditenens Tresplet on Sept 30, 2018 15:30:19 GMT -6
That said I'd still be interested in the answer to my questions about how the current law should be interpreted in case this matter comes up again. OrgLaw, Article VII, Section 10 is ultimately controlling.
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Post by Sir Alexandreu Davinescu on Sept 30, 2018 17:51:34 GMT -6
Functionally, without a formal system of accepting seats, there's no way to formalize these in-between states where the seat was assigned but nothing was ever done with it. Precedent is that a seat that is assigned must be relinquished by the holder once assigned unless they lose it through due process of law (e.g. failure to vote, expulsion, cort sanctions). When people wanted to redo their assignments in the past, this was the cause of much annoyance. It's also why it's smart for the party leader to hold on to a good chunk for a few weeks, to be sure all seats are where they're supposed to be.
1. Does Lex.B.2.3.1.1. apply to vacant seats?
Without a doubt. The law is clear and simple.
2. Would candidates who vacate their seats by not voting be considered ineligible for the purposes of Lex.B.2.3.1.1.2.?
There's no loopholes here, either. Functionally, you pretty much have to give seats to people on your list. If there's anyone on your list who has no seats, even if they lost them through not voting or just don't want them, then they have to get the seats before someone not on the list. They're still eligible to receive seats, and eligible people must get more seats than anyone else. That's one of the problems with an ironclad list... it's pretty rigid.
It doesn't work to say that the person who forfeited their seats doesn't count as an eligible member of the list, because you can give someone seats even if they lost them before. And there's no way to remove someone from or add someone to your list until the next election.
The best thing to do would be to repeal the law, of course, or alter it so that parties can add or remove people to their lists under their own rules. Maybe I'll write a bill for that.
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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 Oct 1, 2018 6:25:15 GMT -6
I know this is moot now but Ben renounced on the 23rd and Martin on the 21st of September. Wait, what? Who renounced? Citizenship, or are you talking about some other kind of renunciation?
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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 Oct 1, 2018 6:27:44 GMT -6
Functionally, you pretty much have to give seats to people on your list. I agree with your analysis, but wanted to note that the law does allow for assignment of up to 1/3 of a party's seats to people not on the list, for those parties whose regulations don't prohibit use of that exception.
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Lüc da Schir
Senator for Benito
If Italy wins a Six Nations match I will join the Zouaves
Posts: 4,125
Talossan Since: 3-21-2012
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Post by Lüc da Schir on Oct 1, 2018 6:59:52 GMT -6
I know this is moot now but Ben renounced on the 23rd and Martin on the 21st of September. Wait, what? Who renounced? Citizenship, or are you talking about some other kind of renunciation? Woops, should have quoted what I was referring to. I simply meant that they both declined to sub in for Iac's old seats, in response to Glüc's question.
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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 Oct 1, 2018 7:46:42 GMT -6
Woops, should have quoted what I was referring to. I simply meant that they both declined to sub in for Iac's old seats, in response to Glüc's question. Whew, you scared me for a minute.
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Post by Munditenens Tresplet on Oct 25, 2018 10:48:29 GMT -6
I wish to resign 10 of my 11 seats.
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Miestrâ Schivâ, UrN
Seneschal
the new Jim Hacker
Posts: 6,635
Talossan Since: 6-25-2004
Dame Since: 9-8-2012
Motto: Expulseascâ, reveneascâ
Baron Since: Feudal titles are for gimps
Duke Since: Feudal titles are for gimps
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Post by Miestrâ Schivâ, UrN on Oct 25, 2018 14:34:33 GMT -6
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Post by Þon Txoteu É. Davinescu on Nov 23, 2018 0:39:48 GMT -6
I hereby reassign the MRPT's seats as follows:
Þon Txoteu É. Davinescu - 16
Cresti Nouacastra-Läxhirescu - 16
Erschéveþ (Ely) da Schir - 15
Tariq Zubair - 14
Vacant - 8 Þon Txoteu É. Davinescu, Ian Plätschisch
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