Office of Northeast Chief Judicial Officer cinyc

[cinyc]

Notice of Special Northeast Election:

There is ONE vacancy in the Northeast Assembly, caused by the decision of Lt. Governor Winfield to take that post instead of his Assembly seat.  

Because I only certified the last other elected member of the Assembly today, a voting booth to fill the vacancy will be opened next Friday, July 1 at 12:00:00AM and shall remain open until the end of the day Sunday, July 3 at 11:59:59pm Eastern time.

Candidates who wish to have their name placed on the special election ballot shall declare their intention to run in the special election on the Candidate Declaration Thread before 12:00:00 Eastern time on Thursday, June 30.

[crypto-fascist superhero]

Lt. Governor wormyguy - please explain how Lt. Governor fezzyfestoon's absence was temporary if he never swore in.

The point is not whether it was temporary, but that he was absent.  Napoleon tried to recall and threatened to impeach Gov. Ghost_white over not opening a voting booth (a power the constitution specifically delegates only to the CJO), when there had not even been an election for the position of CJO.  You may disagree with both of us, but I would say that is not an issue here.  If Napoleon and I are both of the same legal opinion on this matter, I believe he does not then have any grounds for this lawsuit, and it ought to be dismissed.  If he claims not to be, then he is admitting to being a gross hypocrite.

If we are sticking with the "temporary absence" argument, it could be said that there was an implicit leave of absence from the moment Fezzyfestoon's term legally started until the hypothetical moment he swore in.  Having been elected to that position, it could be said that not swearing in represents an implicitly-stated unwillingness to perform the duties of the position during the time he was not sworn in, and therefore the duties would revert to the executive.

[Robespierre's Jaw]

Me thinks, you, if anyone should be Governor.

[cinyc]

Lt. Governor wormyguy - please explain how Lt. Governor fezzyfestoon's absence was temporary if he never swore in.

The point is not whether it was temporary, but that he was absent.  Napoleon tried to recall and threatened to impeach Gov. Ghost_white over not opening a voting booth (a power the constitution specifically delegates only to the CJO), when there had not even been an election for the position of CJO.  You may disagree with both of us, but I would say that is not an issue here.  If Napoleon and I are both of the same legal opinion on this matter, I believe he does not then have any grounds for this lawsuit, and it ought to be dismissed.  If he claims not to be, then he is admitting to being a gross hypocrite.

If we are sticking with the "temporary absence" argument, it could be said that there was an implicit leave of absence from the moment Fezzyfestoon's term legally started until the hypothetical moment he swore in.  Having been elected to that position, it could be said that not swearing in represents an implicitly-stated unwillingness to perform the duties of the position during the time he was not sworn in, and therefore the duties would revert to the executive.

Thanks.

The validity of the recall amendment is not before this court... well, unless you want it to be.  I'd be more than happy to hear that case.  I've practically been begging for it.

How does one know if an absence is supposed to be only temporary if someone has yet to swear in?  When would it become permanent?

[homelycooking]

Notice of Special Northeast Election:

There is ONE vacancy in the Northeast Assembly, caused by the decision of Lt. Governor Winfield to take that post instead of his Assembly seat.  

Because I only certified the last other elected member of the Assembly today, a voting booth to fill the vacancy will be opened next Friday, July 1 at 12:00:00AM and shall remain open until the end of the day Sunday, July 3 at 11:59:59pm Eastern time.

Candidates who wish to have their name placed on the special election ballot shall declare their intention to run in the special election on the Candidate Declaration Thread before 12:00:00 Eastern time on Thursday, June 30.

cinyc, since you didn't open this at the time you said you would, does that mean the special election must be postponed for a week?

[Senator Napoleon]

Notice of Special Northeast Election:

There is ONE vacancy in the Northeast Assembly, caused by the decision of Lt. Governor Winfield to take that post instead of his Assembly seat.  

Because I only certified the last other elected member of the Assembly today, a voting booth to fill the vacancy will be opened next Friday, July 1 at 12:00:00AM and shall remain open until the end of the day Sunday, July 3 at 11:59:59pm Eastern time.

Candidates who wish to have their name placed on the special election ballot shall declare their intention to run in the special election on the Candidate Declaration Thread before 12:00:00 Eastern time on Thursday, June 30.

cinyc, since you didn't open this at the time you said you would, does that mean the special election must be postponed for a week?

He hasn't been online in a few days.

[Cincinnatus]

Notice of Special Northeast Election:

There is ONE vacancy in the Northeast Assembly, caused by the decision of Lt. Governor Winfield to take that post instead of his Assembly seat.  

Because I only certified the last other elected member of the Assembly today, a voting booth to fill the vacancy will be opened next Friday, July 1 at 12:00:00AM and shall remain open until the end of the day Sunday, July 3 at 11:59:59pm Eastern time.

Candidates who wish to have their name placed on the special election ballot shall declare their intention to run in the special election on the Candidate Declaration Thread before 12:00:00 Eastern time on Thursday, June 30.

cinyc, since you didn't open this at the time you said you would, does that mean the special election must be postponed for a week?

The special election must take place no less than 5 days following the vacancy and the booth shall open at 12:00 AM EST on the nearest Friday, provided that Friday is at least 5 days since the vacancy occurred and shall close on that Sunday at 11:59 PM EST, to be administered by the appropriate official.

- Vacancy Filling Act

§ I. Duration of voting
All elections and referendums conducted shall start at 12:00am Eastern Standard Time on a Friday and last until 11:59pm Eastern Standard Time on a Sunday.

§ II. Opening of the polls
Section I
Polls shall be opened by the Governor of the Northeast between 12:00am Eastern Standard Time and 11:59am Eastern Standard Time on the day appointed for the election to begin.
Section II
In the event that the polls shall not have been opened by 7:00 am Eastern Standard Time on the day appointed for the election to begin, any member of the Atlasian Supreme Court, the Secretary of Forum Affairs or the Lieutenant Governor of the Northeast has the authority to act in the event of the inability of the Governor and they shall be authorized to open the polls and conduct the vote.

Ehh.. I'm genuinely interested, am I missing something?  

Edit:  I know the CJO holds the elections for Assembly [as granted in the constitution], I just came across this when looking up our voting statutes.

[LINCOLN REPUBLICAN]

Northeast Chief Judicial Officer cinyc, please give us the judiciall ruling on the following matter.

In other words, is the election of homelycooking as Speaker legal?

Thank you.

Quote from: La cucina brutta on Today at 10:24:39 pm
Winfield, Cincinnatus, Napoleon, I appreciate your desire to keep this session moving forward, but I see this in the Northeast Assembly Speaker Act and worry that my assuming the job of Speaker is not legal.


Quote
The Northeast Assembly shall elect a Speaker from among its members by a majority vote of all members of the Northeast Assembly at the start of each new Northeast Assembly term.


I received 50% of the vote, as did Wormyguy. Neither of us attained a majority, unless Winfield claims that he is a member of the Assembly as well.

I'm sorry, but I only want the proper procedure to be followed, and I don't want to be an illegal Speaker.



I would interpret "all members of the Northeast Assembly" to mean all members present at the time of the vote.  All members had ample notice of the vote for Speaker.  As you see, the Northeast Assembly has never had all elected members present, and has Redocmmander even sworn in?

In the event of a tie, the Lieutenant Governor casts the tie breaking vote.  As Governor, in the absence a Lieutenant Governor, I was acting, constitutionally, in the capacity of the Lieutenant Governor, to break the tie.

Anyway, I shall take this matter up with the Northeast Chief Judicial Officer.

[homelycooking]

Winfield, that voting booth you set up could very easily be challenged as an illegal one, since it was not opened on a Friday.

From the Vacancy Filling Act

The special election must take place no less than 5 days following the vacancy and the booth shall open at 12:00 AM EST on the nearest Friday, provided that Friday is at least 5 days since the vacancy occurred and shall close on that Sunday at 11:59 PM EST, to be administered by the appropriate official.

[Senator Napoleon]

Winfield, that voting booth you set up could very easily be challenged as an illegal one, since it was not opened on a Friday.

From the Vacancy Filling Act

The special election must take place no less than 5 days following the vacancy and the booth shall open at 12:00 AM EST on the nearest Friday, provided that Friday is at least 5 days since the vacancy occurred and shall close on that Sunday at 11:59 PM EST, to be administered by the appropriate official.

It also says five days and nearest, I'm not sure why you think Friday takes precedent above all. Ghostwhite opened booths late and we ended up fine.

[LINCOLN REPUBLICAN]

Winfield, that voting booth you set up could very easily be challenged as an illegal one, since it was not opened on a Friday.

From the Vacancy Filling Act

The special election must take place no less than 5 days following the vacancy and the booth shall open at 12:00 AM EST on the nearest Friday, provided that Friday is at least 5 days since the vacancy occurred and shall close on that Sunday at 11:59 PM EST, to be administered by the appropriate official.

The voting booth was opened July 1.  July 1 was a Friday.

Does anyone want to vote? 

Does anyone want to get the Northeast Asembly moving?

Or does everybody want to continue to bring up reasons why we should all remain at a standstill and not move on?

Challenge the Speaker election.

Challenge the vacancy election.

Challenge the authority of the Governor for acting within the constitution.

I have been asking the Assembly since the first day I became Governor to send me a name for a new Lieutenant Govenor.  No action.

Bottom line?  Nothing is getting done.   

[Cincinnatus]

I have no problem with the voting booth.  My only concern would be the election of the Speaker.  I'm not challenging your constitutional right to act as Lt. Gov.  I'm concerned about your lawful right to break a tie for the election of Speaker. 

Regarding the Lt. Gov, there's really not a whole lot of people left to take that position.  Unless of course, you want leave the Assembly unbalanced.  I'm sure this can be taken care of, and the special election will be crucial in getting someone in who can break ties we may currently have. 

[Senator Napoleon]

If you have problems, use the search function and see what you fine. It works really well.

[LINCOLN REPUBLICAN]

I have no problem with the voting booth.  My only concern would be the election of the Speaker.  I'm not challenging your constitutional right to act as Lt. Gov.  I'm concerned about your lawful right to break a tie for the election of Speaker. 

Regarding the Lt. Gov, there's really not a whole lot of people left to take that position.  Unless of course, you want leave the Assembly unbalanced.  I'm sure this can be taken care of, and the special election will be crucial in getting someone in who can break ties we may currently have. 

Due to constitutional concerns, I will invalidate the Speaker election in the Assembly, and call for a new Speaker election, and we will wait until ALL MEMBERS have voted.  I don't know how long we will have to wait for ALL MEMBERS to vote, but we will take our chances.

I have an idea for the office of Lieutenant Governor.  One of the members of the Assembly could resign his Assembly seat and the other members of the Assembly could present his name to the Governor to become the new LG.  We would then hold a vote for a replacement Assembly member.     

[LINCOLN REPUBLICAN]

Quote from Cincinnatus

Amendment to the Northeast Assembly Speaker Act

Quote
------------------------------------------------------------------------------------------------------------------------
The Northeast Assembly shall elect a Speaker from among its members by a majority vote of all members of the Northeast Assembly at the start of each new Northeast Assembly term. In the event that the members of the Assembly cannot come to a decision 48 hours after voting has commenced, the Lt. Gov [or in the case of vacancy, the acting Lt. Gov] shall break any ties and declare the new Speaker.
------------------------------------------------------------------------------------------------------------------------

Ought to clarify any problems we have.

[homelycooking]

Due to constitutional concerns, I will invalidate the Speaker election in the Assembly, and call for a new Speaker election, and we will wait until ALL MEMBERS have voted.  I don't know how long we will have to wait for ALL MEMBERS to vote, but we will take our chances.

Look, I know this is going to be a major delay to make sure that the Speaker has a majority of all the Representatives' votes, but again, that is what the law requires us to do. We don't have to wait until all members have voted, but we do have to wait until one candidate wins three votes - a majority.

From the Northeast Assembly Speaker Act

The Northeast Assembly shall elect a Speaker from among its members by a majority vote of all members of the Northeast Assembly at the start of each new Northeast Assembly term.

[LINCOLN REPUBLICAN]

I had stated previously that I interpret ALL MEMBERS to mean all members present for the vote.

[Senator Napoleon]

Winfield, you are right about this.

Homelycooking, legislation does not supercede the Constitution. The Lieutenant Governor breaks ties and previous ties for Speaker were broken this way, all you have to do is search " speakers election tie " to find an example. If you don't want to be Speaker you can resign and another vote can be held, until then you are legally Speaker.

Winfield, another vote cannot be held until the Speaker position is vacated.

[Cincinnatus]

Even though we all know the outcome of the Special election, the results need to be confirmed (by the end of today), so that snowstalker can take office tomorrow.  Thought I'd throw that in this thread so we're aware, even if cinyc might be unavailable at the moment.   

[LINCOLN REPUBLICAN]

The election thread states the vote ends on Monday, July 4, 11:59 PM.

We cannot disenfranchise anyone in case they wish to vote up to that time.

Therefore, I will confirm the official results Tuesday, July 5.

[crypto-fascist superhero]

I would like to point out that Winfield, as Governor, broke the tie on a piece of legislation, as well as on the Speaker vote (the latter of which would actually be constitutionally suspect if he were the Lt. Governor), neither of which elicited any protest from Napoleon.

[Senator Napoleon]

If you weren't so wrong, you'd be right.

[homelycooking]

neither of which elicited any protest from Napoleon.

As to the Write-in Votes Act, Napoleon only would have protested if Winfield decided to support my bill.

If I didn't know how Winfield would break the tie, I would threaten a lawsuit.

[Senator Napoleon]

The bill fails with or without Winfield's Nay from my point of view so without the law proceeding there would be no reason or legal obligation to do so.

[cinyc]

Northeast Chief Judicial Officer cinyc, please give us the judiciall ruling on the following matter.

In other words, is the election of homelycooking as Speaker legal?

Thank you.

Quote from: La cucina brutta on Today at 10:24:39 pm
Winfield, Cincinnatus, Napoleon, I appreciate your desire to keep this session moving forward, but I see this in the Northeast Assembly Speaker Act and worry that my assuming the job of Speaker is not legal.


Quote
The Northeast Assembly shall elect a Speaker from among its members by a majority vote of all members of the Northeast Assembly at the start of each new Northeast Assembly term.


I received 50% of the vote, as did Wormyguy. Neither of us attained a majority, unless Winfield claims that he is a member of the Assembly as well.

I'm sorry, but I only want the proper procedure to be followed, and I don't want to be an illegal Speaker.



I would interpret "all members of the Northeast Assembly" to mean all members present at the time of the vote.  All members had ample notice of the vote for Speaker.  As you see, the Northeast Assembly has never had all elected members present, and has Redocmmander even sworn in?

In the event of a tie, the Lieutenant Governor casts the tie breaking vote.  As Governor, in the absence a Lieutenant Governor, I was acting, constitutionally, in the capacity of the Lieutenant Governor, to break the tie.

Anyway, I shall take this matter up with the Northeast Chief Judicial Officer.

Article IV, Section xiv of the New Northeast Constitution states that the Lt. Governor "does not take part in any vote in the Legislative Assembly unless a vote results in a perfect tie. In this case, he or she shall be allowed to vote to break said tie."  Thus, if the vote for speaker ended up in a tie, the Lt. Governor is entitled to break it.   If Winfield was Lt. Governor and not Governor at the time of the vote, his vote should count to break the tie.  

Note that I haven't yet rendered my opinion on whether the Governor is entitled to break a tie in other than the temporary absence of the Lt. Governor or when such a temporary absence would actually occur.  So if Governor Winfield was actually Governor at the time of the tie-breaking, the result might differ.   Please provide more actual facts.