Notice of lawsuit (Northeast Region)

[tpfkaw]

In the recent special election to the Northeast Assembly, irregularities caused an improper winner to be declared.  "Alfred F. Jones" was placed on the ballot, and subsequently declared winner of the election, despite not properly declaring for the election in the first place.

I resigned as Northeast Assemblyman on May 4, at 12:04 PM EDT, thereby triggering an automatic special election for my seat.

I, wormyguy, do solemnly swear that I will faithfully execute the office of Senator and will to the best of my ability, preserve, protect and defend the Constitution of the Republic of Atlasia, so help me Dave.

I also resign as Northeast Assemblyman.

Governor Napoleon officially declared that the special election would be held that same day at 12:57 PM EDT.

Executive Order #6

A special election to replace Representative Wormyguy's now-vacant seat will begin Friday, May 11th.

Alfred F. Jones, however, did not declare his candidacy after the announcement of the special election, but nearly 11 days beforehand, on April 23 at 3:07 PM EDT.

I am running to fill Wormyguy's seat in the Northeast Assembly.

One cannot declare for an election that is not even scheduled to occur yet.  This would be the equivalent, in some imaginary county known as the "United States of America" of if someone had filed papers in New York for the special election for Anthony Weiner's seat... before the special election had even been declared.  Such a filing would be ignored and they would not be placed on the ballot even after the special election actually was declared.

I ask for an injunction against Alfred F. Jones's seating in the Northeast Assembly pending resolution of this matter.

[tpfkaw]

Senator, you make the claim that Alfred did not "properly" declare; I am curious what regional law was violated that would make legal action necessary, especially when taking into consideration the lax laws regarding write-in candidates.

He did not properly declare in such a way so as to be put on the ballot.  It is common sense that one cannot declare one's candidacy in a nonexistent election, only an election which exists.  In the imaginary state of New York, there would not have been any law against filing to run in a non-existent special election for Anthony Weiner's seat, but such a filing would be ignored, even after such a special election materialized.

[tpfkaw]

I am asking for a statutory definition of a proper candidacy declaration. Common sense is not a basis for a solid case, common sense was that the special election was going to happen after you went to the Senate. Comparing it to a situation where an incumbent unexpectedly resigned due to a scandal in America to a situation where the incumbent would be resigning upon swearing into higher office in Atlas Fantasy Elections is a bit of a stretch, wouldn't you agree?

Show me the legal requirement that I resign my seat.  There was no legal reason to expect that a special election would occur.  One cannot declare for a special election that is not presently occurring.  If you argue for the broadest interpretation possible regardless of common sense in the case of no laws regarding declaring for special elections to the Northeast Assembly, then I shall challenge this result on the basis that you did not include on the ballot the names of every citizen eligible to be a candidate.

[tpfkaw]

If I am understanding your point correctly, Senator, that is why I waited until Wormy actually resigned to call the election. Whose intentions were clear through the duration of this sequence of events, however, would be Alfred's. It was obvious to all of us that Alfred intended to seek this seat. But, again, no law that I know of has been broken and I doubt this case goes anywhere.

Right, but it was Alfred who announced his intent to run for Wormys vacant seat, before a vacancy had occured.

Exactly.  There was no vacancy "for any reason..." because there wasn't a vacancy, for any reason.