Term 6 - Judiciary

[donsig]

Sorry, terminology problem...

I meant someone who wants the proposed amendment changed.

BTW your proposed change of just not having a time specified at all would be fine with me. My objection is to unnecessary delays of any kind. What's bothered me the most about all of this is that we had a delay in declaring that delays are needed, followed by a delay in approving an amendment to clarify when delays are needed, followed by yet another delay in approving that same amendment. The whole past 3 terms has been one delay after another, all of which have been unnecessary.

Not really a terminology problem. The only change I really want in the amendment is for it to go away - which is what happened until you put the call out to have it re-reviewed and robboo took your bait. I see nothing wrong with the three day waiting period. I have no overwhelming desire to keep the waiting period either. I'm only offering to make a different proposal because I think it would be a shame if the judiciary were used to run the amendment through as is. What should be happening is someone who wants a change made should be proposing a change that hasn't already been nixed.

 

[donsig]

Here is the new proposal for filling vacancies. We need to give it some time for discussion then we have to post a mock poll then we can request as ratification JR.

Thanks,
A Concerned Citizen

 

[Sigma]

The ratification poll for the DP amendment has been closed for over a week now. Are we going to get the process finished?

 

[donsig]

I would like the following law reviewed:

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Text of section to be replaced.
Section 8 - Office Limits and Vacancies

A) Limits to Running for Offices.
I. No Citizen may run for more than one office during an election cycle.

B) Limits to Holding Office
I. No member of the Triumvirate or the Judiciary may hold a second office.
II. Governors and Members of the Cabinet may hold up to two offices at the same time.

C) Vacancies
I. A Vacancy occurs when an office is empty due to the office holder resigning, judicial action, impeachment, if no citizen ran for election for that office or when a new office is created.
II. Triumvirate Vacancies

IIA. If there is a Vacancy in the Triumvirate, the President shall nominate a citizen to that office. If the Presidency is Vacant, the Secretary of State, or Secretary of War if the Secretary of State is also Vacant, shall nominate a citizen to that office. The citizen must accept the nomination prior any further steps.​

IIB. The Judiciary shall confirm the appointment. If confirmed, the citizen takes office immediately. If not confirmed, a different citizen must be nominated.​

IIC. The nominee may be any citizen that does not currently hold a Triumvirate or Judicial position. If the nominee holds another office, they must resign immediately upon confirmation.​

IID. This appointment may not be challenged by a confirmation poll.​

III. Cabinet Vacancies

IIIA. The President must offer the position to the Deputy, if there is one.​

IIIB. If there is no deputy, the President must request interested citizens that do not currently hold office to contact them. If no such citizen contacts the President within 72 hours of the office being declared Vacant, the President may appoint any citizen to the office.​

IIIC. This appointment may be challenged by a confirmation poll.​

IV. Governor Vacancies

IVA. The Governors Council must request interested citizens that do not currently hold office to contact them. If no such citizen contacts the Council within 72 hours of the office being declared Vacant, the Council may appoint any citizen to the office.​

IVB. If there is no Governors Council, the Minister of Interior must request interested citizens that do not currently hold office to contact them. If no such citizen contacts the Minister of Interior within 72 hours of the office being declared Vacant, the Minister of Interior may appoint any citizen to the office.​

V. Judicial Vacancies

VA. The President must request interested citizens that do not currently hold office to contact them. If no such citizen contacts the President within 72 hours of the office being declared Vacant, the President may appoint any citizen to the office.​

VB. This appointment may be challenged by a confirmation poll.​

VI. All vacancy appointments which are subject to a confirmation poll are provisional until the time for a confirmation poll has passed, or when a confirmation poll for that appointment concludes with a 'Yes' majority.

Note: section VIA is a previous amendment which has been posted in the constitution / CoL thread but has not been edited into the CoL.
VIA. Any citizen may post a confirmation poll for an appointment to a Vacant office within 48 hours of the appointment. This must be a private poll, asking the question "Should the appointment of <citizen name> as <office> be confirmed", with the options Yes, No and Abstain. This poll must last for 3 days. If the poll closes with more no votes than yes votes, the appointment is reversed. This citizen may not be appointed to that office again that term. The appointee holds the office and is free to exercize the full powers of the office until such time as the appointment is reversed.​

VIB. A Citizen who holds office may apply for a new office before the 72 hour waiting period provided they write in their application that they will resign from their current office. That citizen does not have to resign until the provisional period passes.​

VII. Being a member of the Designated Player Pool is not considered holding an office and thus is not counted against a Citizen in terms of being able to run for and hold multiple offices.

---------------------------------------------------------
Text of section to be added in place of the above original text.
Section 8 - Office Limits and Vacancies

A) Limits to Running for Offices.
I. No Citizen may run for more than one office during an election cycle.

B) Limits to Holding Office
I. No member of the Triumvirate or the Judiciary may hold a second office.
II. Governors and Members of the Cabinet may hold up to two offices at the same time.
III. Being a member of the Designated Player Pool is not considered holding an office and thus is not counted against a Citizen in terms of being able to run for and hold multiple offices.

C) Vacancies

An office is vacant if any of the following conditions is met:

1. No candidates accept a nomination for the office during elections
2. The current office holder resigns.
3. The current office holder is impeached / recalled.
4. The current office holder is removed from office as the result of judicial action.

D. Filling of Vacancies

A vacant office must be filled via the first method in this list which applies to the situation.

1. A deputy exists for the vacant office: the deputy is automatically installed as the new officeholder.
2. The office of President is not vacant: the President appoints a citizen to the vacant office.
3. The office of Secretary of State is not vacant: the Secretary of State appoints a citizen to the vacant office.
4. The office of Secretary of War is not vacant: the Secretary of War appoints a citizen to the vacant office.
5. The office of Censor is not vacant: the Censor appoints a citizen to the vacant office.
6. The office of Minister of the Interior is not vacant: the Minister of the Interior appoints a citizen to the vacant office.
7. The office of Minister of Culture is not vacant: the Minister of Culture appoints a citizen to the vacant office.
8. The office of Minister of the Science is not vacant: the Minister of the Science appoints a citizen to the vacant office.
9. The office of Director of Intelligence is not vacant: the Director of Intelligence appoints a citizen to the vacant office.

E. Confirmation Polls

Any citizen may post a confirmation poll for an appointment to a vacant office within 48 hours of the appointment. This must be a private poll, asking the question "Should the appointment of <citizen name> as <office> be confirmed", with the options Yes, No and Abstain. This poll must last for 3 days. If the poll closes with more no votes than yes votes, the appointment is reversed. This citizen may not be appointed to that office again that term. The appointee holds the office and is free to exercise the full powers of the office until such time as the appointment is reversed.
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Mock poll.

Discussion thread.

[]Thank you.[/i]

 

[DaveShack]

The ratification poll for the DP amendment has been closed for over a week now. Are we going to get the process finished?

Technically, the process as recorded in the law was finished, however I did copy it into the Constitution/CoL thread and posted a request to edit the CoL.

 

[DaveShack]

Donsig's request is accepted and replaces the text of case 6-6 as a new version of the amendment.

Although the 24 hours for the mock poll have not passed, I see no reason not to review the law in parallel with the mandatory waiting period for comments. At worst, if there were a substantial change proposed by the citizens, the Judiciary would need to reconsider. At best, we shave unnecessary delay off the time to get this amendment before the citizens.

My fellow Justices may rule on the new amendment as early as they like.

The effective time of the amendment would be upon its ratification. Any appointments made after that time would be subject to the new law, regardless of whether the vacancy predated the amendment.

 

[GeorgeOP]

I approve the mock poll. Let it procede to a real poll.

 

[Vind2]

Urgent Question: Does the new ammendment apply to my current TC? Can i reschedueal it?

 

[GeorgeOP]

This new ammendment has yet to be voted on by the public. It is still a couple of steps away from being law. You will have to use the current CoL. But I do urge everyone, including my fellow justices, to remember that sometimes RL intrudes itself onto this game and to be flexable if some small rules are stretched.

 

[Vind2]

I think it's already been added. Check the CoL

 

[GeorgeOP]

You're right. I was thinking of the Vacancy bill that's working it's way through the system. The DP bill is finished and you must follow it. My mistake.

 

[DaveShack]

I have reviewed the proposed amendment on vacancies, case 6-6, and find no conflicts.

Two of three justices having ruled that the amendment may proceed, it will now go to a ratification vote. Justice Black_hole may still choose to rule on it if desired.

 

[Black_Hole]

Although I believe these articles are unconstituional:

A) Limits to Running for Offices.
I. No Citizen may run for more than one office during an election cycle.

B) Limits to Holding Office
I. No member of the Triumvirate or the Judiciary may hold a second office.
II. Governors and Members of the Cabinet may hold up to two offices at the same time.
III. Being a member of the Designated Player Pool is not considered holding an office and thus is not counted against a Citizen in terms of being able to run for and hold multiple offices.

The court has ruled they are not in a previous ruling, so I this amendment has no conflicts with the constitution and may proceed to polling.