Office of Northeast Chief Judicial Officer cinyc

[Napoleon]

I am requesting a court injunction on the possible implementation of The Un-Stealing Act so that its constitutional status may be determined.

[Napoleon]

I'd also suggest preventing Ghostwhite's order from going into effect until this is resolved.

[Napoleon]

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.

[Napoleon]

I don't see definition parks can be considered unimproved under any definition.

This law should not be allowed into effect as stands. It is ambigiuous to the point of laughability and if it breaches any existing contracts, we would be held liable.

[Napoleon]

Judicial precedent in Rowan Brandon's ruling forbids us from breaking a contract. From what I can tell, the penalties against unions (so they do exist!) were overturned because it was found that unions have a right to strike enshrined in the Constitution. That doesn't automatically overturn the precedent set regarding contracts being broken by either party.

Had the Un-Stealing Act been on the wiki of Assembly alegislation, I'd have known of its existence and questioned it while working on the SRC.

[Napoleon]

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

[Napoleon]

The governor has no constitutional ability to perform the duties of the Lt. Governor except in the case of TEMPORARY absence. Unless there is a declaration of absence, the Governor may not just assume absence. You can't just usurp power permanently because you are the Governor!

[Napoleon]

IIRC, Fezzyfestoon never actually even swore in after being elected, so the position was vacant throughout all of Hantheguitarman's term.

So there was no temporary absence, meaning the Governor violated the Constitution in assuming his powers rather than appointing a new one. An obvious case of permanent absence and gubernatorial power theft right here.

[Napoleon]

Thank you CJO cinyc.

[Napoleon]

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.

[Napoleon]

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.

[Napoleon]

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.

Have you any evidence of votes I illegitimately discounted?
Unless the Lt. Governor has proof of illegal action, this is totally frivolous.

[Napoleon]

That's is a lie considering I posted the vote count earlier today when I closed a vote and have in the past as well. Evean if I missed a couple, that has no significant effect on fulfilling my duties as Speaker.

[Napoleon]

I urge that this case be dropped, as the accused has no concrete evidence to back up his egregious allegations.

[Napoleon]

My right to free speech is guaranteed by the Constitution. I retain the right to publicly brainstorm.

[Napoleon]

It's all fine and dandy; unfortunately,  none of that is proof of evidence or wrongdoing on my part.

[Napoleon]

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

[Napoleon]

Your honor,

Three pieces of legislative have been discovered by me that were passed illegally during the term of Governor Han The Guitar Man. The legislation in question is offered at its signing by the Governor: The Un-Stealing Act, The Self-Ownership Bill (Or, the If You Are Pro-Choice and You Oppose This Then You Are a Hypocrite Bill), and The Freedom to Enjoy One's Self in public Act.

In each of these three cases, the Governor signed the bill into law while the bill stood at a tie in the Northeast Assembly. I present this section from Article V of the Northeast Constitution:

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These laws were signed without attaining the designated 50%+1 of actual votes. Any attempt at considering these acts law in our region would be nothing more than a shallow attempt at circumventing the clear text of the Constitution.

I feel compelled to demonstrate that only the Lieutenant Governor of the Northeast has the authority to break ties in the Northeast Assembly as the Constitution states here:

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[Napoleon]

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.

[Napoleon]

Since the Un-Stealing Act was repealed, only the other laws stand. I believe they should be struck down due to being passed illegally.

An absence should only be considered temporary when it is declared to be so by the officeholder going absent.

[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.

[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

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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.

[Napoleon]

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

[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.

[Napoleon]

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