Elections Amendment Act #2

[Tomb]

So folks, we obviously have some room for improvement in our overall election process, and so with the feedback I received from Raven, Tim, and many others, I would like to propose the following addition.

1.) The following will be added to the Election Administration Act under Sections 2 and 3: (In bold)

Election Administration Act

Section 1: Electoral Administration

1. Elections for Keeper of the Deshret will be administered by the Pharaoh of the Osiris Fraternal Order. Elections for Pharaoh will be administered by the Keeper.

2. In the event that an electoral administrator is standing for office in an election they are designated to administer or the office of the electoral administrator is vacant, administration of that election will pass to the most senior member of the Deshret who is not standing for that office and is available to serve as electoral administrator.

3. In the event of a tie, the electoral administrator will vote to break the tie and otherwise will not vote in an election they are administering.

Section 2: Election Procedure

1. The election period for any elected office will begin with a three day period for submission of candidacy, followed by a two day period for additional campaigning, followed by a three day period for voting. Candidates may campaign throughout an election period.

2. An election period will begin eight days before the expiration of an elected official's term or as soon as practical after an elected office is vacated. Should an election period for any reason be delayed, the incumbent official will continue to hold office until conclusion of the election period.

3. In any election, members of the Deshret may vote for one eligible candidate who has submitted candidacy or may vote abstain/present. Votes of abstain/present will count only toward participation in the vote for the purpose of retaining membership in the Deshret.

4. In the event that only one candidate stands for an election the Deshret will hold a confidence vote for that candidate.
In a confidence vote councilors may vote Aye, or Nay on the candidate.

5. In the event that the candidate fails to obtain a majority of the vote then the office shall be declared vacant.

6. Candidates running for any office must file and post a public Conflict of Interest Disclosure upon their acceptance of a nomination or self-nomination.

Section 3: Definitions

1. For the purposes of this Act, the following definitions will apply:

(a) Electoral administrator: The individual empowered to administer an election, through adoption of such procedures and methods as they see fit provided such procedures and methods do not contradict this Act or other laws of the Osiris Fraternal Order.

(b) Most senior member of the Deshret: The member of the Deshret who has maintained membership in the Deshret for the longest continuous period of time.

(c) Elected official: An official designated by the State Code of Osiris as an elected official.

(d) Elected office: An office held by an elected official, as defined by this Act.

(e) The Conflict of Interest Disclosure: An official statement made by any candidate standing for office that must include all of the positions held by the candidates, all of the aliases used by the candidate, and all of the organizations that the candidates have participated in throughout their time in NationStates.

Any thought, comments, ideas? I'd also be happy to reword anything that you guys think sounds redundant or controversial. And while we're at it, do you guys have any other suggestions or ideas for this particular section?

[Severisen Montresor]

First, part 5 is redundant and already the standard operating procedure from the Elections Administration Act. Part 6 is already accounted for in the same act. These would have to be amended.

I'd like to strongly oppose and caution against 7(a), and perhaps section 7 in general. While I agree, even vehemently, that this can be useful, it leads to a dark road of legal loopholes that can be used to disqualify an otherwise very qualified candidate.

For example, someone may have played years ago, left the game, came back, and forgot to mention that nation. Is knowledge of that former identity, especially if it was a pedestrian existence, really that critical in who that player is and what that player will do if elected? Then, an opponent who is losing discovers this, or gets a tip. Reports it. With this amendment to the code, that candidate, who hid nothing with malicious intent, is no longer eligible to participate in said election, and the region loses out on this otherwise qualified candidate.

Scenario two, the intent of the law is good meaning, I'm sure. However, what does alias mean here? Would I, as a gameplayer, be required to list every puppet I've ever made? I might acquiesce to a requirement of listing current affiliations and positions/offices held, but an all inclusive list? For some, that curriculum vitae would span thousands of characters. Is that really what you're after with the intent of these changes? This is impractical at best, and prohibitive--bordering exclusive--at worst.

I'd love to hear from the author, as well as the advisors, as to what the thought process was that went into these proposed changes.

Thank you, Mr. Keeper.

[Kajan]

About Section 2, what about there being a large number of terms (5 or 6), and the person in those positions can be re-elected for another term if 70% of the Deshret (or some similar number) votes for said person in power to have another term, in which case they can serve up to another 5 before being re-elected.

Sorry if this was a little complex.

[Rach]

2. There will be no limit to the number of terms any elected official may serve.

This is unnecessary, the absence of this clause is the same as having it. It's really only if you wanted to limit it would you need a clause regarding term limits.

[Lord Ravenclaw]

The feedback Tomb mentions from me is available in the thread started by Festavo called "Just do it!", I've not had any private correspondence with the Keeper, and RL stopped me drafting my own version of a CoID - I tend to prefer common sense approaches where possible.

[Revall]

2. There will be no limit to the number of terms any elected official may serve.

But there should be a consecutive terms limit at the very least. "no limit" is just a scary thing sometimes

[Amy]

Is there anyway we can change the language so that it outlines penalties for those who fail to provide accurate information?

[Plagentine]

I'm against 7. as a whole.

I'd also agree with Noble about giving some limit to how many times you can run in a row. I think three times in a row is a pretty fair cap.

[Tomb]

FYI, I'm not ignoring this thread. I'll be posting here this evening.

[Datford-Zyvetskistaahn]

If I may, I would say that this should probably be an amendment to the Election Administration Act, rather than to the State Code, to avoid the bloating of the latter, which is, of course, also more difficult to amend, should we later regret what we pass.

With regards to earlier posts, the specification that there is no limit to the number of terms a person may serve is already part of the law, rather than something being added by this proposal (so while one could say it is unnecessary, it is also already there).

The penalty consequent on breach of election law is dealt with through the Criminal Codex of Osiris Act, through the offence of Electoral Fraud ("(c) "Electoral Fraud" is defined as any attempt to manipulate the outcome or results of any election through means which include, but are not limited to, violating electoral law or lawfully established electoral practices, impeding proper electoral administration, or officially misrepresenting electoral results."). It is a felony offence and is therefore punishable by any ban from the forum and/or region lasting less than 12 months as well as any of the following: formal censures or warnings, suspension of rights in accordance with the State Code of Osiris, forum bans, in-game ejections, in-game bans, revocation of citizenship, and prohibition of future citizenship. The offence has not been prosecuted so it is not clear precisely what the sentence/range of the sentence would be.