Clarks
Cosa Menu
50th Cosa - Clark #2
View Cosâ Members View Bills View All Bills from Cosa View Clark Votes View Cosa Election Result View Saved PDF version View Dynamic PDF version
Prime-Minister: Lüc da Schir
Secretary Of State: Martì-Páir Furxhéir
Bills
Statute
This is bill id#1212 (this information has no legal importance and is technical in nature.
WHEREAS The number one duty of any senator is to represent their province, and
WHEREAS Party politics gets in the way of this duty, and
WHEREAS There is already plenty of party politics in the Cosa, so it is not needed in the Senate, and
WHEREAS Voters who vote for a party in a Senate election may not even know who they are actually voting for, and
WHEREAS This is problematic, because provinces are represented by individuals in the Senate, not by parties
THEREFORE, Org.IV.5, which currently reads:
is hereby repealed.
Uréu q'estadra så:
- Ian Plätschisch - (MC-MRPT)
- Glüc da Dhi - (MC-MRPT)
- Éovart Grischun - (Sen-VD)
Statute
This is bill id#1213 (this information has no legal importance and is technical in nature.
WHEREAS Senate elections are now conducted using Ranked Choice Voting, and
WHEREAS There is some concern that there are not enough specifics regarding how RCV is to be implemented, and
WHEREAS I guess I better write some specifics
THEREFORE, the following provisions shall be added to el Lexhatx:
B.14.1: Voters shall rank the candidates for Senator for their province in order of preference. Voters may rank as many or as few candidates as they please.
B.14.2: At the conclusion of the election, each candidate is assigned all ballots which express him as first preference. The candidate with the fewest ballots assigned to him is eliminated. Each ballot cast for the eliminated candidate is reassigned to the next expressed preference on the ballot.
B.14.3: Once the ballots are reassigned, the candidate with the fewest ballots assigned to him is eliminated and the ballots cast for him reassigned according to B.14.2. This process is repeated until one candidate wins by having a majority of non-abstention ballots assigned to him.
B.14.4: If, after any iteration, there are two or more candidates with the fewest ballots assigned to them, the candidate with the fewest first preferences assigned to him shall be eliminated. If these candidates all have the same number of first preferences assigned to them, the candidate with the fewest second preferences assigned to him shall be eliminated, and so forth.
B.14.5: If any ballot assigned to an eliminated candidate does not express a next preference, the ballot is treated in the same way as an abstention.
B.14.6: A candidate may not be assigned ballots after he has been eliminated. A ballot that would otherwise be reassigned to an eliminated candidate is instead assigned to the highest-ranked candidate that has not been eliminated, or treated as an abstention according to B.14.4.
Uréu q'estadra så: Ian Plätschisch - (MC-MRPT)
Rejected by the Senäts
This is bill id#1214 (this information has no legal importance and is technical in nature.
WHEREAS This is all well and good, but we need some more revenue streams if the government ever wants to start paying for its own web presence, and
WHEREAS It is not unreasonable to expect successful Senate candidates to pay a small fee as well, since they partake in the election process just as much as political parties do
FURTHERMORE, upon the ratification of the above amendment in a referendum, Lex.B.9, which currently reads:
FURTHERMORE, upon the ratification of the above amendment in a referendum, Lex.B.12.3 shall be added, which reads:
Uréu q'estadra så: Ian Plätschisch - (MC-MRPT)
Statute
This is bill id#1215 (this information has no legal importance and is technical in nature.
WHEREAS Every citizen has their own concept of the perfect role of the King in Talossa today, and
WHEREAS I realized that my own such concept was founded on a highly romanticized version of the King, in which he was omnibenevolent and respected the will of the people except in the direst circumstances, and
WHEREAS Even if this were currently the case, it would be no reason to believe that the Crown would always behave this way, and
WHEREAS I have just recently grasped the full consequences of an unelected head of state possessing such broad powers, and
WHEREAS Despite this, misdeeds by one King is no reason to abolish the office entirely, and
WHEREAS in a country as small as Talossa, retaining the same, heavily involved head of state is good for stability, even if the King is not as involved as we would like, and
WHEREAS The Crown has, does, and will likely continue to provide valuable advice concerning matters of governance, so he should retain at least some amount of political power, and
WHEREAS This is the heart of the matter: while an unelected official can offer new perspectives and encourage legislators to stop and think, someone without a democratic mandate should not have final say on anything, nor even be able to indefinitely put roadblocks in the path of the duly elected Ziu, and
WHEREAS for all these reasons, applying the concepts of the ¾ Majority Amendment to regular legislation seems like a pretty good idea
THEREFORE, Org.X.6, which currently reads:
is amended to read:
Uréu q'estadra så:
- Ian Plätschisch - (MC-MRPT)
- Magniloqueu Épiqeu Ac’hlerglünä da Lhiun - (Sen-MM)
Statute
This is bill id#1216 (this information has no legal importance and is technical in nature.
WHEREAS it seemed clear that the decision of the Cort pü Înalt in April 2016 which resolved the "Proclamation Crisis" and the subsequent adoption of the current text of Article XV of the OrgLaw had sorted out whether an Organic Law amendment must be "proclaimed" or "promulgated" to take effect;
and WHEREAS a recently withdrawn lawsuit, and the orders made by one CpI justice in the course of that lawsuit, and the subsequent ill-tempered threads on Wittenberg have shown that the above is surely not the case;
and WHEREAS this sort of tomfoolery should never happen again:
BE IT ENACTED by the King, Cosâ and Senäts of Talossa in Ziu assented and by the consent of the people in referendum that the text of Article XV, Section 4 of the Organic Law be amended by the addition of the following text in red:
Uréu q'estadra så:
- Miestrâ Schivâ - MC
- Lüc da Schir - Senator
- Magniloqueu Épiqeu Ac’hlerglünä da Lhiun - Senator
- Ian Plätschisch - MC
- Mximo Carbonel - MC
Statute
This is bill id#1217 (this information has no legal importance and is technical in nature.
WHEREAS Organic Law IV.11 ordains that "Senators may be removed from office by the Uppermost Cort, for criminal activity or for mis-, mal-, or non-feasance";
AND WHEREAS "nonfeasance" is defined by Merriam-Webster as "failure to act; especially : failure to do what ought to be done";
AND WHEREAS this is a great word;
AND WHEREAS Organic Law XVI.1 ordains that UC Justices may be removed from office due to "due to inactivity as defined by failure to act, rule, or appear in an open case the justice is assigned to or participating in for more than 60 days";
AND WHEREAS this is pretty much the same thing as "nonfeasance";
AND WHEREAS sauce for the legislators and justices should a fortiori be sauce for the Head of State;
AND WHEREAS an argument could be made that provisions allowing removal of the King for "violating the Organic Law" would already include nonfeasance, but legal opinion casts doubt on this, and I'm sick and tired of long semantic arguments:
BE IT ENACTED by the King, Cosâ and Senäts of Talossa and endorsed by the people of Talossa in referendum THAT Organic Law III.7 be amended as follows, with amended text in red:
Uréu q'estadra så:
- Miestrâ Schivâ - MC
- Mximo Carbonel - MC
Statute
This is bill id#1218 (this information has no legal importance and is technical in nature.
WHEREAS Talossa has a fine tradition of supporting private nautical adventuring, arrrgh mateys and all that; and
WHEREAS the Second Covenant of Rights and Freedoms states that "Separate consideration on the basis of sex may only exist in cases of propriety."; and
WHEREAS community standards on acceptable sexual conduct among Private Adventurers have changed somewhat since the classical texts of pirate popular culture were produced; and
WHEREAS the Kingdom of Talossa has no interest in condoning any possible rapey activities by our Private Adventurers, no matter how fiery-tempered or black-haired the objects of such activities may be; and
WHEREAS certain nudge-nudge-wink-wink allusions to such activities may be hilarious in boy's club locker-room talk, but have no place in our law:
BE IT ENACTED by the King, Cosâ and Senäts in Ziu assembled that Title I, Section 1.1.16.5, shall be amended by the deletion of its second sentence, as follows:
Uréu q'estadra så: Miestrâ Schivâ - Ministrâ dal Cultúrâ
Statute
This is bill id#1219 (this information has no legal importance and is technical in nature.
WHEREAS while the hit television situation comedy Happy Days was in fact set in the immediate vicinity of the Greater Talossan Area, it depicts Cestoûr culture of the 1950s rather than Talossan or proto-Talossan culture; and
WHEREAS we are not Arthur Fonzarelli and "cool" is nowhere defined as a Talossan virtue, and
WHEREAS if it were, I would be wearing a bitchin' leather jacket; and
WHEREAS in the same sense as the previous Cosâ decided that encouragements and suggestions were not appropriate for law, the same should be said for "cool";
BE IT ENACTED by the King, Cosâ and Senäts of Talossa in Ziu assembled that the word "cool" should be deleted from el Lexhátx, as specified below:
1. Title D, Section 2.7 to be amended thus:
2. Title D, Section 3 to be amended thus:
3. Title F, Section 6 to be amended thus:
4. Title I, Section 1.1.16.4 to be amended thus:
5. Title I, Section 1.2.5 to be deleted in its entirety:
Uréu q'estadra så: Miestrâ Schivâ - Ministrâ da Cultúra
Rejected by the Senäts
This is bill id#1220 (this information has no legal importance and is technical in nature.
WHEREAS the role of the Scribery of Abbavilla, viz. keeping the public record of the laws of Talossa up-to-date is vitally important;
and
WHEREAS we have had problems for years keeping the Scribery not only staffed, but active and actually doing their job; and
WHEREAS the power of the elected Government to make this happen is attenuated due to the Scribery being part of the Royal Household, and thus overseen by the King rather than the Seneschál and Ministers, and;
WHEREAS the King of Talossa clearly has better things to do with his time than actively oversee the activity of officials of the Royal Household, and;
WHEREAS in civilised countries the laws are published by the Ministry of Justice or equivalent
BE IT ENACTED by the King, Cosâ and Senäts of Talossa in Ziu assembled as follows:
1. Title C, Section 1.2 of El Lexhátx, reading as follows:
1.2.1. The Scribe of Abbavilla shall maintain all laws in L'Anuntzia dels Legeux, insofar as possible, with the same content that was approved by the Ziu, except that amending acts that refer to section numbers in pre-existing statutes that were changed by the Scribery shall be construed as referring to the equivalent section numbers in the amended statutes as originally enacted. (45RZ25)
1.2.2. The Scribe of Abbavilla shall maintain el Lexhatx in accordance with the directions in Title Z. The Scribe shall thus advise all proposers of bills to the Clark on proper formatting of their bills to conform with Title Z. (47RZ14)
1.2.3 If the Scribe, or their deputy(s), finds an error in the formatting, grammar, or spelling of a bill which is currently in the Clark, or is alerted of same, they shall work with the sponsor of the bill to fix said error(s). (48RZ22)
1.2.3.1 The Scribe, or their deputy(s), shall publicize any proposed changes to a bill, with the approval of the author. The changes are deemed to have been implemented after they have been public for seven days, unless the changes are disallowed by the conditions of C.1.2.3.2 (48RZ22)
1.2.3.2 If, before the proposed changes are implemented, a petition of MCs representing at least 1/3 of the seats in the Cosa, or a petition of at least 1/3 of the Senators, goes before the Scribe in protest of the proposed changes to a bill, the changes cannot be implemented. (48RZ22)
is hereby deleted.
2. A new section of El Lexhátx, to be numbered as Title D, Section 2.5.2, to be added, as follows:
2.5.2.1. The Scribe of Abbavilla shall maintain all laws in L'Anuntzia dels Legeux, insofar as possible, with the same content that was approved by the Ziu, except that amending acts that refer to section numbers in pre-existing statutes that were changed by the Scribery shall be construed as referring to the equivalent section numbers in the amended statutes as originally enacted. (45RZ25)
2.5.2.2. The Scribe of Abbavilla shall maintain el Lexhatx in accordance with the directions in Title Z. The Scribe shall thus advise all proposers of bills to the Clark on proper formatting of their bills to conform with Title Z. (47RZ14)
2.5.2.3 If the Scribe, or their deputy(s), finds an error in the formatting, grammar, or spelling of a bill which is currently in the Clark, or is alerted of same, they shall work with the sponsor of the bill to fix said error(s). (48RZ22)
2.5.2.3.1 The Scribe, or their deputy(s), shall publicize any proposed changes to a bill, with the approval of the author. The changes are deemed to have been implemented after they have been public for seven days, unless the changes are disallowed by the conditions of C.1.2.3.2 (48RZ22)
2.5.2.3.2 If, before the proposed changes are implemented, a petition of MCs representing at least 1/3 of the seats in the Cosa, or a petition of at least 1/3 of the Senators, goes before the Scribe in protest of the proposed changes to a bill, the changes cannot be implemented. (48RZ22)
Uréu q'estadra så:
- Miestrâ Schivâ - MC
- Magniloqueu Épiqeu Ac’hlerglünä da Lhiun - Senator
Rejected by the ZIU
This is bill id#1221 (this information has no legal importance and is technical in nature.
WHEREAS the role of the Royal Society for the Advancement of Knowledge, viz. conducting and promoting academic study is vitally important;
and
WHEREAS we have had problems for years keeping the Royal Society not only staffed, but active and actually functioning; and
WHEREAS the power of the elected Government to make this happen is attenuated due to the Royal Society being part of the Royal Household, and thus overseen by the King rather than the Seneschál and Ministers, and;
WHEREAS the King of Talossa clearly has better things to do with his time than actively oversee the activity of officials of the Royal Household, and;
WHEREAS in civilised countries science and education are the responsibility of the elected government, and since we don't have a Ministry of Science or Education, Culture is closest; and
WHEREAS cut-and-paste is a beautiful thing:
BE IT ENACTED by the King, Cosâ and Senäts of Talossa in Ziu assembled as follows:
1. Title C, Section 1.8 of El Lexhátx, reading as follows:
1.8.1 Schools may be created within the Society for the purpose of focusing on a specific subject. The exact procedure for establishing a school shall be chosen by the President, who shall also appoint a dean to supervise each school.
is hereby deleted.
2. A new section of El Lexhátx, to be numbered as Title D, Section 2.7.3, to be added as follows, to the list of bodies under the Ministry of Culture:
2.7.3.1 Schools may be created within the Society for the purpose of focusing on a specific subject. The exact procedure for establishing a school shall be chosen by the President, who shall also appoint a dean to supervise each school.
Uréu q'estadra så: Miestrâ Schivâ - MC
Statute
This is bill id#1222 (this information has no legal importance and is technical in nature.
WHEREAS, as per Lex.D.2.1.5,
2.1.5.1. a detailed budget listing all planned expenses of the State through the current Cosa, specifying the amounts to be requisitioned for each Cabinet Ministry or Officer of the Royal Household and the purpose of each such expense;
2.1.5.2. any amount of the Treasury to be set aside for investment as directed by the Finance Minister and the investment policy that will be pursued;
2.1.5.3. the total amount in louise of any planned currency minting and printing, and postage issuance to be executed by the Royal Bank & Post during the term of the current Cosa.
2.1.5.4. the total amount in louise of any planned donations proposed to be requested from Talossan citizens towards the upkeep of the State. This section shall not entitle any budget to impose compulsory taxation or mandatory donations of any kind.
WHEREAS Organic Law directs that each government submit a budget by the second Clark of their Cosa term, and
WHEREAS this bill has been approved by all members of the Cabinet; so
A. Financial Report
THEREFORE, His Majesty's Government reports the following financial report and balance sheet to the Ziu, as certified by the Burgermeister of Inland Revenue on 26 Feb 2017:
$1,990.21 Kingdom of Talossa savings account, held in trust by Burgermeister of Inland Revenue Istefan Perþonest.
$ 53.04 Kingdom of Talossa PayPal account for online transactions (stamps@kingdomoftalossa.net).
Non-monetary assets:
$ 228.50 Value of 577 0¤20 stamps in circulation
$ 961.50 Value of 1,923 unsold 0¤20 stamps held by Burgermeister of Inland Revenue
Printing & Minting Transactions:
ℓ0 ($0 USD) None.
Changes to balance since Feb 13, 2016
-$192.56 Donation to GiveDirectly
-$20.00 Donation to IFES.org
$61.00 Party fees and party donation to cover PayPal fees
-$0.60 PayPal fees on Party Donations
$42.90 Sale of 74 stamps plus shipping charges
-$2.79 PayPal fees on stamp sales
-$5.90 Payment to Istefan Perþonest for US postage to mail stamps
$2.05 Interest earned on bank account
Additional Change:
$87.52 Net transfer from PayPal account to bank account
Current value of the Louis:
1.50 USD, 1.97 CAD, 1.21 GBP, 1.42 EUR
1.51 CHF, 2.08 NZD, 1.95 AUD, 168.27 JPY
10.31 RMB, 5.62 SAR, 1697.04 KRW, 1350.00 KPW
B. Appropriations Request
FURTHERMORE, His Majesty's Government hereby submits to the Ziu a request for the appropriation of funds from the Royal Treasury totaling ℓ1,080 ($1,620 USD) for the specific purposes and subject to restrictions as outlined herein:
Purchase of a Seneschal's Chain of Office - 33¤20 ($50 USD)
Purchase of a 3' x 5' Talossan Flag to be displayed at events and for any future purpose - 46¤40 ($70 USD)
Miscellaneous expenses - 16¤40 ($25 USD)
FINANCE MINISTRY
Minting of coins - up to 766¤40 ($1150 USD; ~$350 die costs, ~$750 coin costs, up to $50 S&H)
Miscellaneous expenses - 33¤20 ($50 USD)
MINISTRY OF STUFF
Webhosting fees - ℓ150 ($225 USD)
INTERIOR MINISTRY
Miscellaneous expenses - 16¤40 ($25 USD)
FOREIGN AFFAIRS MINISTRY
Miscellaneous expenses - 16¤40 ($25 USD)
FURTHERMORE, notwithstanding the above allocations, no funds shall be disbursed without a notice of disbursement having first been transmitted to the Ziu at least fourteen days prior to the disbursement, except that disbursements solely for the purpose of postage may be made with no less than 24 hours notice. Notices shall contain details of the purchase and a cost estimate for the purchase, or a copy of any invoice or receipt if seeking funds for reimbursement.
FURTHERMORE, any funds allocated by this section shall be retained in the central fund by the Burgermeister of Inland Revenue until such time as they are disbursed. Funds not disbursed prior to the end of the government term shall remain in the central fund.
C. Fundraiser, Minting, and Other Authorizations
FURTHERMORE, the Minister of Finance may make available coins for pre-sale at a discounted rate prior to minting. The pre-sale shall be open to any interested party, and funds raised from the pre-sale shall be held by the Burgermeister in a separate fund until such time as the coins are minted and shipped. If coins are not minted by the conclusion of this term, all money shall be refunded. Funds raised pursuant to this pre-sale shall not be included in any fundraising campaign totals but shall be reported as a separate item in the monthly financial reports.
FURTHERMORE, the Minister of Finance, or his appointed deputy, shall undertake to create, manage, and promote a voluntary fundraising campaign to the citizens of Talossa and other interested parties over the course of this term. The targeted amount for this campaign shall be ℓ200 ($300 USD), in accordance with the direction of Lex.D.2.1.5.4. The proceeds from seigniorage, sales of stamps, TalossaWare proceeds, and other contributions shall be included in this total except as provided elsewhere.
FURTHERMORE, pursuant to authorized disbursement of funds for the purpose, the Royal Bank & Post shall be authorized to mint up to 300 coins worth up to ℓ5 ($7.50 USD) each, for a maximum of ℓ1,500 ($2,250 USD).
FURTHERMORE, the Burgermeister of Inland Revenue, in consultation with the Minister of Finance, shall transmit the first five coins minted, as determined by the Burgermeister, to the following individuals for commemorative purposes: 1) The King of Talossa, 2) The Seneschal, 3) The Minister of Finance, 4) The Burgermeister of Inland Revenue, 5) The Royal Archivist. Postage and other costs related to these coins shall be disbursed from the miscellaneous allocation of the Ministry of Finance, pursuant to proper notice.
FURTHERMORE, the Burgermeister of Inland Revenue, in consultation with the Minister of Finance, shall be authorized to loan up to 50 coins and 150 stamps to the Ministries of Finance, Interior, or Foreign Affairs upon request for the purposes of in person fundraising at TalossaFests or other conventions and conferences. Any such funds raised by the respective Ministries shall immediately be transmitted to the Burgermeister, along with any unsold coins and stamps, following the conclusion of the event. Notice of loans made under this section shall be transmitted to the Ziu no less than twenty-one days prior to the event. Outstanding loans shall be included in the monthly financial report. The cost of postage for such loans shall be disbursed from the miscellaneous allocations of the respective Ministries, pursuant to proper notice.
FURTHERMORE, Lex.2.8.2.3.1. which currently reads:
is amended to read:
D. Investment Policy
FURTHERMORE, His Majesty’s Government hereby directs the Burgermeister of Inland Revenue to continue to invest all held funds into an interest-bearing savings account.
Uréu q'estadra så:
- Ian Plätschisch - (MC - MRPT)
- Lüc da Schir - Seneschal (Senator - BE)
- Munditenens (Dien) Tresplet - Finance Minister (Senator - MA)
Rejected by the ZIU
This is bill id#1223 (this information has no legal importance and is technical in nature.
Whereas that the king refuses to respect the decision of the Court of Justice.
Whereas that the task of king requires a great respect of the rules.
Whereas that the people of Talossa have already suffered from the tyranny of an ancient monarch.
Therefore, be it resolved that the Secretary of State conduct a referendum in the next general election. That the referendum will be conducted under the same rules as the referendums to amend the Organic Law. That the referendum be effective as soon as the certified results are announced. That the question of the referendum be as follows:
We Talossa's people demand that JOHN I abdicate his duties as King of Talossa and of all his Realms and Regions, King of Cézembre, Sovereign Lord and Protector of Pengöpäts and the New Falklands, Defender of the Faith, Leader of the Armed Forces , Viceroy of Hoxha and Vicar of Ataturk.
Uréu q'estadra så: Mximo Carbonel - (MC-REP)
Statute
This is bill id#1224 (this information has no legal importance and is technical in nature.
WHEREAS the question of the Monarchy has long plagued Talossa;
WHEREAS the legitimacy of the State, its regime, and its ability to govern, and all derivative institutions solely rest upon the perception of the People;
WHEREAS democracy demands that those who consent to the State’s governance be asked to determine the legitimacy of all aspects and institutions of the State;
WHEREAS such a census may be achieved through regular, free, and fair elections;
WHEREAS when such elections fail to measure the People’s perception of legitimacy for institutions not subject to the democratic process, then the State must resort to other means to ensure that the People support continued existence of that institution;
THEREFORE the Ziu, pursuant to Article XX of the Organic Law, hereby instructs the Chancery, during the next election, to administer the following non-binding referendum to the People of Talossa:
(1) Do you think that Talossa should continue to be a monarchy? Yes___ No___
(2) Notwithstanding the prior question, do you think that the Crown should have no political power in any form, and function only as a figurehead? Yes___ No____
FURTHER the Ziu directs the Chancery to reveal the result of this referendum with the final results for the upcoming election.
Uréu q'estadra så: Viteu Marcianüs - (MC)
Statute
This is bill id#1225 (this information has no legal importance and is technical in nature.
WHEREAS, [...]
THEREFORE, Organic Law Article VII, Sections 3-9 which currently read:
All elections to the Cosa are to be conducted during a period beginning from the fifteenth day of the calendar month following the dissolution of the prior Cosa until 7:30 p.m. on the first day of the subsequent month. The first day of this period (the fifteenth) is called the "Balloting Day" and the final day is called the "Election Deadline."
Section 4
During the election period as defined in 7.3, the Secretary of State shall in every particular conduct the election according to the election laws in such a manner as a) affords to every citizen the opportunity to cast a vote for the party of his choice, and b) does not discriminate against any party or individual in the collection or tallying of votes. In the absence of a current election law, the Secretary of State shall conduct the election according to the rules under which the most recent general election were conducted.
Section 5
The Secretary of State must make public the exact procedure by which he will comply with 7.4, as soon as possible after Cosa dissolution.
Section 6
Votes for the Cosa may be submitted either publicly or privately. Votes submitted privately shall be submitted to and available only to an Electoral Commission, consisting of the Secretary of State and the three Justices of the Uppermost Court. Should any Justice be unavailable to serve on the Commission, the King shall name a Magistrate judge of a subordinate court to replace that Justice, but should no such Magistrate judge likewise be available, the Commission shall serve as otherwise constituted. It shall be a criminal act, punishable as determined by law, for the contents of any such vote to be revealed by any member of the Commission to any other person. The members of the said Electoral Commission shall independently confirm the final tally and together shall certify the election. No member of the Commission may, whilst the Commission is engaged in the process of ballot validation, simultaneously serve as a leader of a political party. If at any point in the certification process, three of the members of the Electoral Commission agree that one of the members has become unresponsive, they shall notify the King, who shall in turn remove the named individual and appoint as replacement a Magistrate judge of a subordinate court or, should no such Magistrate judge be available, the Commission shall serve as otherwise constituted. (47RZ6)
Section 7
Ballots may be cast via a secure online ballot with a voter receipt. These ballots need not be individually certified by the Commission if, prior to the election, the Commission has verified the reliability of the secure online ballot system and unanimously approved its use with a public vote. (48RZ11)
Section 8
If a voter returns more than one vote, the first one cast is counted and the others are ignored.
Section 9
When the Election Deadline has passed, a final tally of votes is publicly announced. Any votes arriving after the Deadline, even if they were posted before the Deadline, are null and void.
shall be stricken and amended to read:
All elections to the Cosa are to be conducted during a period beginning from the fifteenth day of the calendar month following the dissolution of the prior Cosa until 11:59 p.m. on the fourteenth day of the subsequent month. All ballots must be cast by 7:30 p.m. on the first day of the subsequent month. The first day of this period is called “Balloting Day”, the first day of the subsequent month is called the “Election Deadline”, and the final day of the period is called the “Certification Deadline.”
Section 4
The Secretary of State shall, along with an Electoral Commission, certify each election to the Cosa, including any additional ballot items, pursuant to rules, regulations, and deadlines as prescribed by the Ziu; notwithstanding that any such certification must be made following the Election Deadline and prior to the Certification Deadline, unless an order be issued by a court of competent jurisdiction to stay the Certification Deadline.
Section 5
During the election period as defined in this article, the Secretary of State shall in every particular conduct the election according to the election laws in such a manner which affords to every citizen the opportunity to cast a vote for the party of his choice, affords every citizen the opportunity the choice to vote either publicly or privately, and does not discriminate against any party or individual in the collection or tallying of votes. The Secretary of State shall make public the exact procedures by which he will comply with election law, subject to certification by an Electoral Commission as prescribed by law.
Section 6
When the Election Deadline has passed, a tally of votes is publicly announced. Any votes cast after the Election Deadline, are null and void. Furthermore, if a voter returns mor than one vote at any time during the election period, the first one cast is counted and the others are ignored.
Uréu q'estadra så:
- Lüc da Schir - (Senator - Benito)
- Munditenens (Dien) Tresplet - (Senator - Maricopa)
Statute
This is bill id#1226 (this information has no legal importance and is technical in nature.
WHEREAS, We've had multiple issues regarding the electoral commission during the last few elections, and
WHEREAS, The delay in certifying the last election caused significant confusion and delayed the start of this Cosa by a month, and
[...]
THEREFORE, El Lexhatx Section B.13 which currently reads:
13.1. The SoS will send them a reminder of their duties at the start of the election. They should notify the SoS that they are willing and able to verify ballots, while the election is still going on. If they fail to respond to a further reminder, the Secretary of State should notify the nation. (47RZ6)
13.2. After the election is concluded, within one week the members of the Commission should go through the ballots and mark them as valid or invalid, by whatever procedure is established by the Chancery. Each ballot need only be validated by three members of the Commission unless there is a discrepancy, and after they have finished, they should notify the Secretary of State that they are done. This process should be completed within one week after the end of the election. (47RZ6)
13.3. If there is any discrepancy, the Commission shall confer in private, and discuss the matter until they reach a consensus. It is suggested that a vote should be taken with regards to each disputed ballot, and majority opinion among the Commission should then govern the Commission's decision with respect to that ballot. The Commission should notify the Secretary of State when they have finished this process, so that he can declare the elections certified. (47RZ6)
Shall be stricken entirely and amended to read:
13.1 The election period as defined by this section shall begin on Balloting Day, and shall end on the Certification Deadline.
13.2. The Electoral Commission shall be comprised of one Uppermost Cort justice to be appointed by the Cort, one Senator whose term will not expire at the conclusion of the Cosa term to be appointed by the Mençei, and one member to be appointed by the King upon recommendation of the Seneschal, pursuant to the following subsections. The Secretary of State shall be a permanent ex officio member of the Commission, and shall not be entitled to a vote nor affect quorum.
13.2.1. The Secretary of State shall communicate to the Cort, the Mençei, the Seneschal, and the King of their responsibilities of recommending or appointing members no later than two months prior to Balloting Day.
13.2.2. No person shall be eligible to serve on the Commission who is an officer of any registered or unregistered political party, or who plans to or is a candidate for election to the Senäts in the upcoming election.
13.2.3. The appointments shall be communicated to the Secretary of State, who shall confirm with the appointees their willingness and availability to serve on the Commission.
13.2.4. All members of the Commission shall be appointed at least one month prior to Balloting Day. If the Cort, the Mençei, or the King shall fail to submit their appointment(s) by the deadline, the Secretary of State shall be empowered to appoint the member or members.
13.2.5. Should a vacancy arise on the Commission prior to or during the election period due to death, disability, resignation, or disqualification, such vacancies shall be filled by the Secretary of State. The Secretary of State shall endeavor to select and appoint any member recommended by the individual or body which appointed the departing member, but at no time shall delay an appointment for this purpose for more than 24 hours.
13.3. The Secretary of State shall be authorized to prepare rules for the upcoming election governing the procedure by which s/he will comply with the relevant election laws, and submit such rules to the Commission at least one month prior to Balloting Day for review and certification. The Secretary of State shall also make such rules publicly available, and until such a time as the rules are certified, conspicuously note that the rules are subject to certification by the Commission.
13.3.1. Should the Secretary of State fail to submit rules to the Commission, the rules governing the previous election shall be reviewed and certified.
13.3.2. The Commission shall review the proposed rules for compliance and amend them as necessary prior to certification.
13.3.3. The Commission shall certify rules for the election no later than two weeks prior to Balloting Day. Should the Commission fail to certify any rules by this deadline, then the rules shall govern the election absent the certification, except where such rules are in conflict with election law.
13.4. The Secretary of State shall accept votes submitted publicly or privately pursuant to the rules governing the election. Votes submitted privately shall only be available to the Electoral Commission.
13.5. Immediately following the Election Deadline, the Secretary of State shall post unofficial elections results on Wittenberg and notify the members of the Commission that the unofficial results have been posted.
13.6. The Commission shall review and certify the unofficial results within 14 days following the Election Deadline, pursuant to the following subsections.
13.6.1. The Commission, sua sponte or upon notification by a third party, shall review any ballots or results in which a potential irregularity has been spotted. The Ministry of Justice shall, in consultation with the Secretary of State, make available to the public forms which such notification can be made to the Commission.
13.6.2. Notwithstanding the above, the Secretary of State shall be empowered to correct any irregularity in the tabulation of results found prior to the Commission taking jurisdiction over the matter.
13.6.3. If the Commission, upon a majority vote, confirms the existence of an irregularity which affects the outcome of an election item, it shall correct the problem prior to certification as provided in the following subsections.
13.6.3.1. If the Commission finds that a vote (or votes) has (or have) not been properly counted, it shall direct the Secretary of State to correct the results as necessary.
13.6.3.2. If the Commission finds that a vote was cast by an ineligible voter, it shall direct the Secretary of State to invalidate such a vote and correct the results as necessary, and notify the Ministry of Justice of any potential civil or criminal violation.
13.6.3.3. If the Commission should find multiple irregularities which significantly alter the results of an election, it may recommend to the King that the incoming Cosa be dissolved and a new election be called. In such a case, the Commission shall continue to serve as constituted.
13.6.4. If the Commission should find any other irregularity not otherwise specified, it may take any action appropriate within its power proportionate to the circumstances.
13.6.5. Should the Commission fail to certify the unofficial results prior to the Certification Deadline, the results are considered to be official, unless the Commission should lodge a petition with the Uppermost Cort seeking additional time to review a potential irregularity. Such petitions shall be submitted to the Uppermost Cort on forms prescribed by the Ministry of Justice following a 2/3rds vote of the Commission.
13.6.6. The Uppermost Cort shall immediately review any petition laid before it by the Commission, shall grant such petition upon finding there is sufficient evidence to warrant the request, and shall limit the delay in certification only to such races or ballot items which the outcome would be affected if the potential irregularity were found to be true. If the petition is not granted within 21 days following the Election Deadline, the results shall be considered certified and the petition denied as moot.
13.7. Following certification of all election results, the Commission shall be dissolved, unless otherwise provided for in this section.
13.8. For elections called early due to failure of a Vote of Confidence, the provisions outlined in the following subsections shall apply.
13.8.1. The Cort, the Mençei, the Seneschal, and the King shall all be immediately notified by the Secretary of State of their responsibility of recommending or appointing members to the Commission. Members shall be appointed at least five days prior to Balloting Day. If the Cort, the Mençei, or the King shall fail to submit their appointment(s) by the deadline, the Secretary of State shall be empowered to appoint the member or members.
13.8.2. The rules governing the previous election shall govern the election, except where such rules conflict with election law.
13.9. The procedures set forth within this section shall not apply to referenda elections called by a Seneschal pursuant to OrgLaw Article XX, unless otherwise directed by the Ziu prior to an election being called.
13.10. The Secretary of State shall keep all records of any discussions and votes taken by the Commission for a period of two years.
13.10. For the purposes of serving a complaint, summons, or subpoena against the Electoral Commission as a body, the Secretary of State shall be considered the agent responsible for accepting service.
FURTHERMORE, this Act shall only take affect upon passage of the The Electoral Commission Reform Amendment into law.
Uréu q'estadra så:
- Lüc da Schir - (Senator - Benito)
- Munditenens (Dien) Tresplet - (Senator - Maricopa)
- Mximo Carbonel - (MC - REP)