Fritz
JLD
Junior Chimp
Posts: 5,668
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« on: December 08, 2010, 10:59:02 AM » |
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Since the Bacon King incident, there has been a lot of discussion regarding what the Senate rules mean and how they should be applied. There was even a constitutional amendment proposed, which failed.
Here is how I see it: according to Senate rules, after 21 days of no Senate activity, that person's seat is deemed vacant by the Senate. As this rule is part of Senate procedures, and not law, it is deemed vacant for Senate procedural purposes only. So when votes are counted and the inactive Senator doesn't vote, his lack of vote is not counted towards the total. Thus the number of votes needed to achieve a majority is that much less. Normally 5 votes would not constitute a majority, but in this circumstance it would.
However, the Senate most vote to expel the inactive Senator in order for the seat to be deemed legally vacant, requiring a special election or appointment to re-fill.
In the current situation we have 9 Senators, Libertas having been banned. Now Barnes has been inactive for more than 21 days, so procedurally his seat is vacant. So we have 8 Senators. BUT if Barnes returns before his term expires, and resumes activity in the Senate, nothing prevents him from doing so.
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