Forum Affairs Reform Act [LAW'D]

[Bacon King]

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Sponsor: Senator Fritz

(slot seven)

[Fritz]

I think it is well known that I have always opposed the HAEV at its face value.  But, as a Senator I have stood out of its way, to allow it to do its work and see what it does.  I have voted to confirm the nominees for this body, and voted in favor of their operating procedures.  The body has done an admirable job in performing a function that is based on a faulty premise.  I feel that it is my solemn duty to bring this question to the floor during this session of the Senate.

The recent ruling in JBrase vs. Atlasia completely changes the question, however.  I consider this ruling to be a victory.  I found the process that the HAEV was following to be morally repulsive, and it sickened me to watch the proceedings.  The court has thankfully and correctly ruled that this process is “repugnant to the Constitution”.

The court has further ruled that the HAEV may function, as a body that is delegated the power to define what is an “active member of the Forum” eligible to retain registered voter status.  By itself, this renders the HAEV a rather useless body, serving a function it was never intended to serve when it was created.  I believe the Senate is quite capable of creating such definitions, and did not intend to delegate that authority away when establishing the HAEV.
 
If any Senator sees a reasonable purpose in retaining the body after this ruling, I am interested in hearing your arguments.  It seems clear that the HAEV will (thankfully) not be allowed to function as it was intended.

[Hash]

I believe the Senate is quite capable of creating such definitions,

So, your solution to zombie voting would be for the Senate to pass legislation defining strict guidelines for reduction of zombie voters? If so, I'll hold you and your colleagues to that.

[Peter]

I come at this from a different angle from Senator Fritz and arrive at the same end result - the HAEV in its present form should be shut down.

Whilst I find the Senators reasoning somewhat shadey (how can a Senator vote in favour of operating procedures, describe the committee's work as "admirable", and yet call our processes "morally repulsive" and say he was "sickened" to watch our work?), he is essentially correct.

The distillation of the Court's opinion is that the only activity requirements we could enforce are wholly objective ones. e.g. We can delete voters who have attained fewer than 25 posts in the last 2 months, and there is no room for "case-by-case review" or any introduction of a subjective feeling, except arguably the possibility of notified absence. Certainly asking 3 people to make a judgement on the voting patterns of posters is totally out of the question.

There is no value in having the HAEV if all that can be passed is strict, objective standards - if we are to have several strict standards, then perhaps we need to consider splitting the Forum Affairs brief into a Federal Elections and Census Bureau department as had been proposed in the past.

I certainly haven't found the HAEV's work easy - it has been a tight rope to walk between two camps intent on attacking the HAEV. I didn't like our method of review and I said so at the time, and I even predicted the Court's method of attack (equal protection). Nonetheless, I think that the best that could be done within the case-by-case review system that was crafted. Whilst I did not always agree with my colleagues decisions, I do not think we ever endangered an active members registration.

[bullmoose88]

I agree with what my distinguished collegue, Peter, has said on the matter and particularly interested in the idea of splitting forum affairs into two separate departments.

[Meeker]

I agree with Peter and bullmoose's comments. We've been neutered and both sides hate us. There's no reason to keep the body around anymore.

[Antonio the Sixth]

Bah, let's repeal it since the HAEV has proved its uselessness anyways.

[Barnes]

As the only former member of the HAEV, I'll throw in my two cents:

While the HAEV was a gallant effort to help eliminate zombie participation and voting in Atlasia, the body has become almost meaningless over the past few month, especially after the JBrase v. Atlasia ruling, of which I agree with the court's opinion.

I fully agree with my former colleagues, Meeker and Peter, and with my distinguished successor, Bulmoose. I am also very interested in the idea of creating two separate Forum Affairs Departments, like Peter suggested.

[tmthforu94]

Months ago, I voted to give HAEV a chance, hoping it could bring positive reform to Atlasia. While I believe some of the HAEV members put in a validant effort and did well, it was plagued. And with the recent JBrase v. Atlasia ruling, I find HAEV to now be rather useless, and I'll probably vote for a repeal.

[Fmr. Pres. Duke]

I would vote to repeal this at present. While I always stated that the HAEV was a novel idea, and that the zombie/proxy/sock voting was something that could destroy the game, the HAEV has been present with an impossible task of trying to judge who is a zombie and who isn't while, at the same time, having to balance politics. There are other methods we could explore to help stop some of the zombie voting. Hopefully the recently passed proxy bill is a step.

[Badger]

Last month the Senate passed a bill (subsequently vetoed) to hold the HAEV's decisions in abeyance for 30 days to see if it could operate with complete restraint and non-partisanship. Like others I was skeptical as the body's statutory mission seemed to destine it to deregister anyone who wasn't a compulsive Atlasia poster and be subject to partisan nominations on all sides. I said many times, and will again now, the only reason I supported seeing how the commission worked for a month instead of pulling the plug outright was the quality of the people serving on the HAEV. And even then I wasn't at all sure that'd be enough to save the HAEV.

Well, 30 days later and I found myself reconciled to the HAEV. The last month showed they would act with admirable restraint, making voter deregistration the rare exception rather than rule. While the body was initially plagued with blatantly partisan nominations for deregistration, it didn't effect the fairness of actual rulings in the slightest. The wave of partisan voter purges many warned about never materialized. The GM put it best last week:

I just want to say, this is exactly the result I want to see from the HAEV. Very narrow and deliberate removals.

I admit to still having some concerns. I didn't like the lack of direct notice to persons being considered for deregistration and planned to introduce legislation requiring notice by PM, and I would've also vigilantly prodded the body to keep deregistration a relative rarity saved for true zombies. That said I would've been otherwise willing to let any cooling off period expire and let the HAEV go on about its job.

All a moot point now with the JBrase ruling, though. I have to echo Peter's sentiments that the ruling basically makes the HAEV an unworkable entity. Duke's suggestion of trying to limit zombies in more specific ways like the proxy ban is a good one. I was working on a proposal a couple weeks ago with Peter's help, so I'll get back to work on it and see if it might be passed in the next Senate term.

<Sigh> My heart genuinely goes out to the HAEV members, having put so much effort into developing the most controversial agency created in recent memory into a functioning and worthwhile entity, only to see it struck down by the courts (even though I can't really fault the decision's reasoning).

[Purple State]

In the interest of efficacy, could the Senate use this legislation as a vehicle for implementing other reforms that would fix the problem most of us believe exists? Seems like leaving a vacuum would not be desirous.

[Southern Senator North Carolina Yankee]

In the interest of efficacy, could the Senate use this legislation as a vehicle for implementing other reforms that would fix the problem most of us believe exists? Seems like leaving a vacuum would not be desirous.

I think that ship has sailed, Mr GM.

[Purple State]

In the interest of efficacy, could the Senate use this legislation as a vehicle for implementing other reforms that would fix the problem most of us believe exists? Seems like leaving a vacuum would not be desirous.

I think that ship has sailed, Mr GM.

Hmph. Was worth a shot. There are other reforms that are more needed at the moment, so I shall simply stand ashore and wave goodbye.

[Marokai Backbeat]

The HAEV was hijacked from the start from forces intent on it's destruction. It's sad to see it go, but here we are.

[Fritz]

Earlier in this thread, several persons mentioned an idea of splitting the Department of Forum Affairs.  Would someone be willing to draft a proposal for this?  It could perhaps be passed as an amendment to this bill.

[Peter]

I looked over the 2006 debate on a similar measure. I think that the following bill should cover everything.

Forum Affairs Reform Act

Section 1: The HAEV
1. The HAEV Act is repealed.
2. The members of the HAEV are discharged from their duties.

Section 2: Division of Department of Forum Affairs
1. The Department of Forum Affairs is divided into:
   a) The Census Bureau, presided over by the Registrar General
   b) The Department of Federal Elections, presided over by the Secretary of Federal Elections
2. Both the Registrar General and the Secretary of Federal Elections shall have Cabinet rank, and are appointed by the President with the advice and consent of the Senate.

Section 3: The Census Bureau
The duties of the Census Bureau, performed by the Registrar General shall be:
1. To update and maintain the Registered Voter Roll of those eligible to vote in Federal Elections.
2. To remove persons from the Registered Voter Roll when required by legislation.
3. To publish revisions to the Registered Voter Roll for public use at least once every two weeks.
4. To provide any officer of the Federal Executive or Federal Judiciary, or any Regional official responsible for Regional elections, with a copy of a section of the Registered Voter Roll as required for their duties.
5. To maintain historical statistics related to the Registered Voter Roll.
6. Carry out any duties previously incumbent on the Secretary of Forum Affairs related to the 20th Amendment.
7. To maintain a list of organized political parties for the purposes of Article V, Section 1, Clause 8

Section 4: The Department of Federal Elections
The duties of the Department of Federal Elections, performed by the Secretary shall be:
1. To act in most cases as the Administrator of any federal voting booth and absentee voting booth, including for elections to the Presidency, Vice-Presidency, Senate, and any nationwide federal poll, excepting Impeachment Trial polls.
2. To administer the declaration of candidacies for federal elections.
3. To represent the Federal Government in any federal election dispute, with such assistance from the Attorney General as shall be expedient.
4. To provide consultancy to the Regions on matters of electoral administration and federal electoral precedent when requested by a Regional official responsible for elections.
5. To administer a Regional election when requested by a Region, but only with the consent of the President, and with possibility of review by the Senate within 5 days.

Section 5: Deputy Secretary of Forum Affairs (DSoFA)
1. The Deputy Secretary of Forum Affairs is a non-Cabinet rank executive post, appointed by the President, without confirmation by the Senate, but reviewable by the Senate within 5 days of the appointment. The President shall have power to dismiss the DSoFA.
2. The DSoFA shall assist the Registrar General and Secretary of Federal Elections as directed by those Officers, with any dispute over workload or conflicting instructions decided exclusively by the President.
3. In the event of a vacancy in the position of the Secretary of Federal Elections or Registrar General, or absence of one month or greater thereof, the DSoFA shall assume the duties of that officer, but does not attain cabinet rank when acting for said officers.

Section 6: Miscellaneous and Transitional Provisions
1. The Secretary of Forum Affairs in office upon passage of this Act shall be appointed as either Secretary of Federal Elections or Registrar General as determined by the President without recourse to a Senate confirmation.
2. Any residual duties of the Department of Forum Affairs not assigned to the Census Bureau or Department of Federal Elections in this Act shall be assignable by the President by executive order.
3. Any Law determining the line of succession to the Presidency shall expire 30 days after the passage of this Act due to the restructuring required to take account of this Act and the Cabinet Restructuring Act which created the office of Secretary of Internal Affairs.
4. The Deputy SoFA Act is repealed

[Barnes]

^As a former HAEV member, I endorse this bill wholeheartedly.

You guys need to pass this exactly as written.

[segwaystyle2012]

Well we have been victorious, i question the need to consistently create new cabinet positions.

[Southern Senator North Carolina Yankee]

Peter saves the day. I support the amendment.

[Marokai Backbeat]

What exactly does that do and what exactly does that address?

[Filuwaúrdjan]

What exactly does that do and what exactly does that address?

Quiet at the back. You'll break the spell.

[Peter]

What exactly does that do and what exactly does that address?

It splits the Forum Affairs dept into a Dept of Elections and a Census Bureau responsible for the electoral rolls. It addresses the fact that the voter rolls are not maintained regularly (presently the last update was in February!) which makes life difficult for any Regions using the federal rolls, and in the event that the SoFA disappears (as has happened a couple of times) means the successor doesn't have hell getting one up to date. Also I think we need to start using the rolls to compile some statistical history - party registration over time etc., because what knowledge we have is communicated through the oldies like myself and by those who choose to read the old threads.

[tmthforu94]

That's a great idea, Peter. I fully support this amendment.

[Fritz]

You've obviously put some work into this, Peter.  I thank you for stepping up to the plate.

I'm willing to give this a shot.