AVFOINPG vs. Senate of Atlasia (user search)
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  AVFOINPG vs. Senate of Atlasia (search mode)
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Author Topic: AVFOINPG vs. Senate of Atlasia  (Read 505 times)
OBD
Junior Chimp
*****
Posts: 5,578
Ukraine


Political Matrix
E: -5.16, S: -6.26

« on: March 26, 2024, 07:28:38 PM »

I, OBD, chief counsel for Atlasian Voters For Originality In Naked Power Grabs (AVFOINPG), humbly request that the Supreme Court issue an immediate injunction preventing the seating of Wulfric AKA Dwarven Dragon in the Senate by the President Pro Tempore.

On March 26, 2024, Party Chair of Hui Liliʻuokalani, Lawer, appointed Wulfric AKA Dwarven Dragon to the Senate seat vacated by Laki, under the authority granted to Party Chairs by Article III, Section 2, Clause I.iii of the Atlasian constitution. It is the view of AVFOINPG that this appointment was not legitimate under Atlasian law, and that Wulfric AKA Dwarven Dragon should not be seated by the Atlasian Senate.

Article III, Section 2, Clause I.iii of the Atlasian Constitution covers procedures for the filling of vacancies in the Senate. I have attached the relevant text below.

Quote from: Fifth Constitution
iii. At-large Senate vacancies shall be filled through appointment by the executive of the former Senator’s Party; but should a vacancy occur as the result of the death, expulsion, or resignation of an at-large Senator not being a member of a major Party, then a special election shall be held within twenty days of the vacancy to choose a replacement to serve the remainder of the existing term.

The bolded text is the crux of this case - can Hui Liliʻuokalani be considered a major party? I present as Exhibit A the most recent census, and Exhibit B the most recent legislation governing the definition of a major party.

Exhibit A
Atlasia Census
March 24, 2024


DAFedGOPHLLabLibNKTPaxSNPIndOthTotal
Lincoln11 (---)8 (---)0 (---)0 (---)17 (---)4 (---)2 (---)8 (---)1 (---)5 (---)0 (---)56 (---)
South0 (---)9 (---)0 (---)0 (---)2 (---)0 (---)0 (---)6 (---)39 (---)2 (---)0 (---)58 (---)
Fremont2 (---)5 (---)3 (---)3 (---)6 (---)0 (---)1 (---)17 (---)0 (---)6 (---)3 (---)47 (---)
Total13 (---)22 (---)3 (---)3 (---)25 (---)4 (---)3 (---)31 (---40 (---)13 (---)3 (---)161 (---)

This job is easier than I expected


Exhibit B
Quote from: Redraft
Quote
Amendment to the Census Act

Section I: Title
1. This act shall be known as Census Act of 2023

Section II: Defining Major Party

Section 2 of The census act will be amended as following

1. The Cabinet member assigned the portfolio of Census Administrator shall maintain a census document listing all registered voters in Atlasia. For each voter, the census shall list:

a. Their permanent Atlas Forum username
b. The federal and regional political parties they are registered with
c. The state they are registered in
d. The region they reside in
e. Whether or not the voter voted or attempted to vote in each of the last three federal elections.
f. If, according to the provisions of this act, a voter is presently ineligible to move regions, the date by which they shall become eligible to move regions
2. The Census shall be made publicly available to view by all Atlasian citizens.

3. The Census Administrator shall publicly update the census regularly; they are recommended to do so once per week.

4. At least ninety-six hours prior to the start of any federal election, the Census Administrator shall post a public census update indicating the registered voter roll exactly as it stood one hundred and sixty-eight hours prior to the start of the election, so that all citizens shall have access to the accurate list of voters with eligible registrations for the election.

5. Following a federal election, the Census Administrator shall, with all appropriate haste, post an update in which they clearly indicate the voters who have been automatically deregistered according to the provisions of this act, as well as update the census document to reflect these deregistrations.

6. a. For census purposes, a major party will be defined as having three or more registered users being part of them, minor and other parties with less than three users registering for them will be classified in "other".

b. Additionally, a party will only be considered major if it has a party information thread outlining platform, party color and bylaws, has a party chair, and has opened a convention at least once within the past eight months.



Section 3: Enactment

This act will be immediately in effect.

At the time of the most recent Census, on March 24, 2024, Hui Liliʻuokalani was a major party, with three members - HL23, ReallySuper, and Laki. However, on March 25, 2024, Laki deregistered from Atlasia, formally removing major party status from Hui Liliʻuokalani by reducing their membership to two. Hence, as Hui Liliʻuokalani lost major party status, a special election should have been triggered under Article III, Section 2, Clause I.iii.

Exhibit C
Deregistering

It's my last wish HL23 fullfills my term.

In conclusion, under Atlasian law, Hui Liliʻuokalani, former Senator Laki's former party, ceased to be a major party on March 25, 2024. Hence, under Article III, Section 2, Clause I.iii of the Atlasian constitution, a special election for the seat should have been triggered, and Lawer AKA Classic Liminal lacks the constitutional authority to appoint a new member to the seat. I humbly request that this honorable body provide immediate clarity to the situation and ensure that the special election owed to the Atlasian people by the Constitution go forward.

Logged
OBD
Junior Chimp
*****
Posts: 5,578
Ukraine


Political Matrix
E: -5.16, S: -6.26

« Reply #1 on: March 27, 2024, 09:46:17 PM »

Updated filing:

Since AVFOINPG has filed this case, Dwarven Dragon AKA Wulfric has resigned from his 'Senate seat' - if he can be considered to have held it in the first place. However, Wulfric was a member of the Peace Party at the time of resigning the 'seat', so if his appointment was legitimate (which AVFOINPG disputes) this would then grant appointment power over the seat to the chair of the Peace Party (currently vacant). We request urgent clarification from the Supreme Court regarding this matter - who, if anyone, holds appointment power over the seat, or shall a special election be ordered?
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