Recall Procedures

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WHEREAS the people of Benito seek adequate representation in Provincial and National politics and

WHEREAS our representative to the Senate is directly elected by the people of Benito and

WHEREAS it is expected that our Senator will conduct themselves in the best interest of our people so

THEREFORE, we establish these procedures for the recall of the Benitian Senator pursuant to Organic Law:

1. Recalls shall be initiated for misconduct which has or may result in formal charges being filed in any Talossan or Provincial Court or for any conduct which causes the people of Benito to lose confidence in their ability to fairly represent them in the Senats.

2. Recalls shall be initiated by a member of the Provincial Chancellery who shall propose a measure requesting recall of the accused Senator, stating the reason for recall and the name and qualifications of a worthy, qualified and willing replacement.

3. Upon passage by a simple majority of the Chancellery, the Maestro shall initiate a provincial referendum pursuant to Organic Law, affording all citizens of Benito the opportunity to vote "UC" or "NON," where "UC" shall favor recall, and "NON" shall oppose it. Votes of abstention shall be deemed invalid and disregarded at the final tallying.

4. If the measure passes referendum with a 2/3 majority of valid votes cast, the Senator shall be recalled. Results of the election shall be transmitted to the Secretary of State and the President of the Senate, who shall ensure the recalled Senator immediately vacates their seat and the named replacement is immediately seated.

5. A Judge or Justice of the High Court may issue an order temporarily preventing a recall if evidence is presented which indicates the recall was conducted improperly, the referendum was conducted in secret, or the rights of the accused Senator guaranteed under the Covenants of Rights and Freedoms have been infringed upon.

6. Such an order shall remain in effect for no more than 7 days. During such time, the High Court shall consider all evidence and make a final ruling which may be appealed, by the recalled Senator or the Provincial Government, to a Talossan Court for final consideration.

[Flip Molinar]

I think we need a quorum for a recall though. If only 3 vote, and 2 vote yUC a senator could be removed by a minority vote. I know our provinces are small and inactive, but two votes should not be enough to remove a senator.

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If the entire province is indifferent to a referendum that is widely publicized, then what can we do?

If we hold a General Election and only 3 people vote for a Senator, are 2 votes enough to put someone in office?

If they are, why can't the same two people remove the Senator?

All we can do is initiate a referendum and publicize it. We can e-mail every single citizen. Ultimately, it is up to them to vote. If they don't, the people who do shouldn't be punished.

Again, I will cite the General Election. What if only 20 people turn out? Do we disregard the vote?

[Flip Molinar]

I see both sides of this issue. Can section 4 be amended to read as such:

4. If the measure passes referendum with a 2/3 majority of valid votes cast, the Senator shall be recalled. Results of the election referendum shall be transmitted to the Secretary of State and the President of the Senate, who shall ensure the recalled Senator immediately vacates their seat and the named replacement is immediately seated. However, the measure must receive at least two valid votes cast in favor of said measure to take effect. If less then two valid votes are received in favor of the measure, it shall be considered to have failed.

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It is now a non-issue. I cannot express what a blow this is to democracy. Since this amendment was passed and this initial law was drafted specifically to get Nic Casalmach removed from office, we can only hope she has the common decency to respect the will of her people and end her term early.

I do not anticipate that happening.

Democracy was defeated by the pocket votes of those who will hold onto power indefinitely and will see that progress is stamped out at every turn.

I encourage all citizens of our province to burn effigies, post placards and be otherwise politically annoying. The Province of Benito, now protected under a new Constitution still remains without representation in the Senats.

We will carry on.