Office of Northeast Chief Judicial Officer cinyc

[cinyc]

This thread will serve as the office of Northeast Chief Judicial Officer cinyc.  All election notices, official Northeast election results and official court business will be consolidated on this thread, even if it appears elsewhere.

[cinyc]

Amended Notice of Special Northeast Election:

There is ONE vacancy in the Northeast Assembly, caused by the resignation of Jake Matthews when he became Lt. Governor 

Because this vacancy occurred after 12:01AM on Sunday, April 17 (i.e. less than 5 days before 12:01AM on Friday, April 22), a voting booth to fill the vacancy will be opened next Friday, April 29 at 12:00:00AM and shall remain open until the end of the day Sunday, 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, April 28.

[cinyc]

Certification of April 29, 2011 Northeast Assembly Special Election:

Jake Matthews, a.k.a. 20RP12, is the only person who wrote himself in.  No one declared or agreed to accept write-ins after Jake Matthews vacated his old Assembly seat by swearing in as Lt. Governor on April 19.  Thus, all votes other than None of the Above are invalid. 

It is certified that Jake Matthews has won the April 29, 2011 Northeast Assembly Special Election with 3 votes.  1 vote was legally cast for "None of the Above".

Please note that Governor Ghost_white previously certified the following Atlasians as winners of the April Northeast Assembly general election:

Giovanni, Homelycooking, Jake Matthews, Napoleon, Sbane, and EarlAW

That certification will remain in effect unless someone successfully sues to overturn it.

[cinyc]

Speaker Napoleon -

Please post the full Un-Stealing Act or at least a link to it, as well as Ghost_white's order.

I also need an explanation of why a preliminary injunction is required.  In particular, please explain how irreparable injury would likely occur absent an injunction and your argument regarding the unconstitutionality of the Un-Stealing Act would likely succeed on its merits.

Lt. Governor wormguy -

Do you want to officially argue against the injunction and for the constitutionality of the Act?

[cinyc]

If the Un-Stealing Act has not already been implemented, I am issuing an executive order to begin its implementation immediately.

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An injunction is required because the land would be difficult to impossible to get back. As for why an injunction is needed, not only is it unclear by not appropriately defining "undeveloped", but that we would be breaking union contracts with workers at parks (if parks could even be considered undeveloped).
Because of potential irreversible consequences, I request that the law and executive order be prevented from going into effect.

Well, the Act may or may not be bad public policy, but why is it unconstitutional?  Was it properly passed?  Who was the Lt. Governor at the time?

[cinyc]

The bill was not properly passed. It was signed into law while standing a tie in the Assembly.

That's what the record seems to indicate.  Article V, Section xii of the New Northeast Constitution states:

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A 2-2 vote is a not a majority vote .  It is a tie vote. 

Article V, Section xiv gives the Lt. Governor the power to break ties, but, best I can tell, did not do so here - unless one of the people who voted was the Lt. Governor.

Given that, Lt. Governor wormguy, can you please explain how the Un-Stealing Act was legally passed?

[cinyc]

I am going to grant Speaker Napoleon's request for a temporary injunction against Governor Ghost_white's executive order implementing the Un-Stealing Act.  Speaker Napoleon has demonstrated irreparable injury - once the land is given away, it might be sold or used in a manner inconsistent with the policies of the Northeast - and a substantial likelihood of prevailing on the merits, given that the official Assembly vote was a tie.

This, however is NOT the end of the case.  No final judgement on the merits has been reached. I will entertain further arguments regarding the constitutionality of the Un-Stealing Act.  I will also contact the Governor to allow him to make arguments on its own.  

This case shall be known as Napoleon v. Ghost_White.

[cinyc]

I have notified Governor Ghost_white of this lawsuit and asked him whether he wished to represent himself or appoint Lt. Governor wormyguy or someone else to argue on his behalf.  

I want a little more structure to these proceedings.  Once I hear back from the governor, I'm going to ask for more formal argument in the form of "briefs", first from Speaker Napoleon and a few days later from the governor's side.  The Speaker may submit a rebuttal brief a few days after the governor's brief.  

The parties may raise whatever arguments they see fit, but I'm most interested in how you think I should reconcile Article IV, Section xiii's delegation of certain powers to the Governor in the Lt. Governor's temporary absence with the Lt. Governor's explicit power to break Assembly ties in Article V, Section xiv, as well as how "temporary absence" should be defined.

Regardless of what the governor decides, I will allow Lt. Governor wormyguy to file an amicus brief at the same time the Governor's brief is due.  Anyone else who wishes to file a formal argument should notify me in this thread.

I ask that the parties not cross-talk on this thread until the briefs have been filed or further discuss the merits of the case in this thread until we have heard back from the governor.
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How much time will the Speaker need to prepare an initial argument?  Again, it doesn't need to be anything formal, just a bit more complete than what you'd write if just arguing back and forth.

[cinyc]

I am also seeking an injunction against the signing of the Un-Stealing Act, as it is not presently on the floor and has not been introduced at all during this session.

I have no power to enjoin the Governor from signing a bill.  I will consider the constitutionality of the actions leading to the re-signing of the bill if the governor does re-sign it.

[cinyc]

It is obviously implied by precedent and the need to reintroduce legislation at the start of a new session thfat the Assembly term has no rollover. Given this, a tie can not be broken months after the fact. Also, wormyguy has no authority to break ties that weren't voted on while he serves as Lt. Governor.

I ask that this request be considered before proceeding. I may need up to 72 hours.

The governor appears to have re-signed the Un-Sealing Act - or at least tried to.  My temporary injunction extends to the implementation of the Un-Stealing Act passed in the January session in any manner, whether through the signature of the current or former governor.  I will hear arguments regarding the constitutionality of today's actions as well.  Please include them in your briefs.

I will grant the Speaker until 6PM Eastern time on Thursday, May 26  to submit his brief.  

Lt. Governor wormyguy - would you be in a position to file a response by 6PM on Saturday, May 28?  If so, I'd like any response brief from the Speaker to come by 6PM on Monday, May 30, unless either of you need more time due to the holiday weekend.

I don't want to hear any arguments on the merits from the Speaker, Lt. Governor Governor or Governor's representative in this thread until the briefs have been submitted.  

[cinyc]

May I make a brief, nonpartisan statement concerning not just this injunction but rather the condition of our region as whole? Just so I can input what I think about this nonsense? I'd understand though if my potential statement would be ruled superfluous.

Yes, on or before Thursday.  But just once.

I would be willing to submit an amicus curiae brief, should it please the "court".

Okay.  If it's in favor of Speaker Napoleon's position that the law is unconstitutional, please submit it by Thursday.  If it is in support of the constitutionality of the law, please submit it by Saturday.

For clarity, I'm not just looking for briefs on the procedural issue regarding whether the bill was properly passed.  Arguments regarding whether the Un-Stealing Act violates other provisions of the New Northeast and/or Third Atlasian Constitution, assuming it was properly passed, are also more than welcome.

[cinyc]

It has come to my attention that Speaker Napoleon is not counting votes cast by Giovanni, a duly elected Assemblyman.  Since the Speaker is illegitimately discounting votes cast by an Assemblyman, I would like to seek an injunction against all legislation introduced and passed in the current Assembly session.

I have no power to grant a blanket injunction against legislation passed without cause.  Some of those votes were likely unanimous or would have passed regardless of how Giovanni voted.  Without a specific reference to specific votes cast, I can do nothing.

Lt. Governor wormyguy - YOU are the Lt. Governor.  Under the Constitution and SOAP, you should be running the Assembly.  The Speaker only has power to do so when you declare your absence.  

As to the question of whether Giovanni has been properly elected, no one has sued to put that case to me.  Unless someone does, I have no power to overturn the Governor's vote certification - so he is a Northeast Assemblyman.  I was not CJO at the time of that certification.

If someone wishes to sue over whether Giovanni can be elected a Northeast Assemblyman, let me know.   That case will have to wait until the current one is resolved, though.

By the way, the plaintiff's briefs on Napoleon v. Ghost_white are due in about 3 hours.

[cinyc]

Ill need an extra two hours due to no computer access until 8.

Okay.

[cinyc]

Thank you, Speaker Napoleon. I will hold off on questions until I have received all briefs.

Lt. Governor wormyguy - you have until Saturday at 8PM Eastern to make your argument.

[cinyc]

Unfortunately I'm having very intermittent access to a computer today, I may require an extension as well.

Any response yet?

[cinyc]

Notice of Special Northeast Election:

There are TWO vacancies in the Northeast Assembly, caused by the inactivity of Representatives Giovanni and EarlAW.

A voting booth to fill the vacancy will be opened on  Friday, June 3 at 12:00:00AM and shall remain open until the end of the day Sunday, 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 2.

[cinyc]

Thank you, Lt. Governor wormyguy.

Speaker Napoleon?  Do you have any response to the Lt. Governor's brief before I start asking more detailed questions?

[cinyc]

Yeah but I just moved in to a new place so I'm trying to get everything set up. I may be able to have something tonight.

That's perfectly fine.  I originally gave you 2 days for a formal response, so since the Lt. Governor's statement came a bit later than expected (though perfectly justified due to the long weekend), you have until tomorrow before I start asking questions without a brief.

[cinyc]

Certification of June 3, 2011 Northeast Assembly Special Election:

JBach717 a.k.a. Cincinnatus and Marokai Blue a.k.a. Marokai Crisis have been elected as Northeast Assemblymen in the June 3, 2011 Northeast Assembly Special Election.

On the particulars, all 15 votes were validly cast.  The quota was 5 (15 votes/(2 seats+1)=5).  Cincinnatus was elected on the first ballot with 6 first preferences before even attempting to remove votes cast for people who did not accept write-ins.  Marokai Blue was first-preferenced by 4 people.  Everyone who first-preferenced Cincinnatus second-preferenced Marokai Blue, making him deemed elected on the second ballot after transferring Cincinnatus' second preferences to him.

[cinyc]

Speaker Napoleon -

Are you going to have a formal response by tomorrow afternoon or should I start asking questions?

[cinyc]

I guess there will be no formal response brief then.

I do have a few questions-

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

Speaker Napoleon  - Are you asking for me to strike down those other laws as well?  Also, when does a Lt. Governor's failure to swear in become more than a temporary absence?  After a week?  A month?  Never?

[cinyc]

cinyc,

The Northeast Constitution requires those elected in a regular election to be seated on the Tuesday after the conclusion of the vote, as well as for the election results to be declared the Monday after:

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As I may have been elected, I would respectfully request that you release the results of the election
as soon as possible, so that I and others might know what the electorate has decided.

Assemblyman homelycooking

I know.  I apologize.  I was busy yesterday and didn't have a chance to look at the Assembly results in greater detail until tonight.   Preliminary certification to follow in my next response - but I need Smid or someone else's input before certifying Redcommander due to a potential STV quirk.

This isn't a good excuse for my tardiness, but doing a PR-STV tally isn't as easy as you might think.  It takes time and thought to tally the votes.  You really need to set an hour or so aside to do it.

[cinyc]

PRELIMINARY Election Certification

I am going to partially preliminarily partially certify the results and ask a bit of help before completing the Assembly count.  This certification is PRELIMINARY - if there are any mistakes, please tell me in my office thread.

Invalid voter: Giovanni
Reason: Not a resident of the Northeast 7 days before the election, according to the Census Bureau.  Giovanni was not included on the list of Northeast voters provided to me by the Census Bureau on the date of the election and is currently listed as becoming a citizen of the Northeast on June 14:



Under the Northeast Voting Regulations,  a voter must be "registered with the Atlasian Secretary of Forum Affairs as a voter of a Northeastern state 7 days prior to the day appointed for the election" in order to be eligible to vote in the Northeast.  Either way, Giovanni wasn't according to the records provided me by the successor to the SoFA.  

Should Giovanni wish to appeal this determination, it must be done in federal court.  Section 7 of the Northeast Voting regulations allows appeals on federal issues.  Whether the Registrar General's determination is incorrect is a federal issue, not a regional one.
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Certification of Northeast Governor's Election

20RP12 a.k.a. Jake Matthews is elected Northeast Governor by a vote of 11-1.  

======================
Dallasfan65 wrote himself in, so first ballot votes for him were counted.  Ghost_white neither voted nor declared his candidacy, so first-ballot votes for him were not counted.

Please note that under Section 5 of the Northeast Voting Regulations and the New Northeast Constitution, gubernatorial elections are decided by plurality voting "with voters listing a single candidate that is on the ballot as their favored choice."  I have not allocated second preferences - though it obviously wouldn't change the result.

Certification of Northeast Lt. Governor's Election

Winfield is elected Northeast Lt. Governor with 3 votes.  

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No other votes have been validly cast.  Dallasfan65 and 20RP12 neither wrote-in themselves nor declared that they were candidates for Lt. Governor in the Candidate Declaration Thread before the voting booth closed.

Partial Certification of the Northeast Assembly Elections

homelycooking, FallenMorgan, wormyguy, Cincinnatus, Elyski729 and Winfield are elected to the Northeast Assembly.

================

The quota was 2.  Integer[(14 votes/7 Seats +1) +1] = Integer[1.75 +1] = Integer [2.75] = 2.

Write-in votes for FallenMorgan, Winfield and Redcommander are valid because each person wrote themselves in.  Write-in votes for Elyski729 are valid because Elisky279 declared an intention to accept write-ins in the Candidate Declaration Thread before the polls closed.  All other write-ins - including those for Giovanni, who wrote himself in a vote I have deemed invalid - are not valid.

homelycooking, FallenMorgan, wormyguy and Cincinnatus were elected on the first ballot.  Winfield and Elyski729 were elected on the second ballot.

Only homelycooking exceeded the quota on the first ballot.  Unfortunately, none of the overflow went directly to Redcommander.  As a result, I will need to consult with greater experts than me on PR-STV voting to determine whether Redcommander has been elected.

[cinyc]

Thank you, cinyc.

Is Winfield permitted by law to hold two offices (Lieutenant Governor and Assemblyman), or will he be forced to choose one or the other?

He will be forced to choose one or the other.  A special election will ultimately held to fill whichever office he does not choose.  If he is completely inactive, the Assembly seat will be deemed vacated if he misses three consecutive final votes on legislation.  Whether he'd still be considered Lt. Gov - well, that's part of the current case before me. 

I'm waiting for a response from wormyguy before rendering judgment - though if he doesn't respond by the end of the week, I will start drafting my opinion.

[cinyc]

I have decided to become Lt. Gov.  Thank you.

Then, there will be a special election for Northeast Assembly this week or next.  I have some loose ends to tie up, but it should be for at least one seat - and perhaps only one.

My preliminary certification is now final.  I will have to do further research to determine who wins the 7th Assembly seat.  It's not an easy issue, complicated by the fact that Giovanni wrote himself in for Assembly by an otherwise invalid vote.  Whether that's good enough needs to be researched.

I don't have time to tie up all the loose ends this evening.  I hope to have a decision by tomorrow.  In the interim, everyone else can swear in - the Governor, Lt. Governor and 6 (now 5) people mentioned as winning Assembly seats can swear in.