Ben Kenobi vs NeverAgain

[Wisconsin+17]

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I am formally contesting NeverAgain's actions with the intent of clarifying the election protocols in the South in the event of a tie for Speakership.

Currently the rules are ambiguous and do not say exactly what should happen in these circumstances. Rather than NeverAgain's actions, I would like clarification from Justice Brase. I am also filing for an injunction against NeverAgain's abuse of power as governor.

[JustinTimeCuber]

I am also filing for an injunction against NeverAgain's abuse of power as governor.

I'd like you to look at your username, and ask yourself: Who made YOU Speaker? Was it the 4th Chamber of Delegates Assembled? No, it was the Honorable Governor diptheriadan.

[Wisconsin+17]

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Actually, it was Speaker diptheriadan, who appointed me Speaker to fill the vacancy.

[JustinTimeCuber]

Did you forget about this?
https://uselectionatlas.org/FORUM/index.php?topic=260027.msg5553194#msg5553194

[NeverAgain]

Well, if we are going to make these things, then here is the case:

Article 4, Section 9, clearly states that the legislature has the power "select its own officers", and they will be done under "its own methods of proceedings". The methods of proceedings give no procedure for the cases of the tie in the election of their chief officer, therefore their power in this case is unclear and must be defined by the precedent set in your ruling on JustinTimeCuber vs. BenKenobi. Therefore, considering the next Speaker shall be chosen by the Judicial Branch in interpreting the law on ties, I used my powers to administer the law, under my "power to make political appointments" in Art. 3, Sect. 8 to appoint an Acting Speaker, until your body makes it's ruling.

I explained my decision here. For reference.

[NeverAgain]

I will also state that the parameters of this case will reach retroactively to past decisions:

I hereby appoint Ben Kenobi as Speaker of the Chamber of Delegates.

Governor diptheriadan

The action of the Governor to appoint Mr. Kenobi Speaker, is under different constitutional parameters, and falls into the difference between appointing an Acting Speaker, after the Chamber has failed to make a clear decision falling to the judiciary to interpret the law, and executive to execute it, and a decision by a Governor to appoint a non-elected Speaker. I see a clear difference in these two cases, but if seen by this branch to establish that my action was and is unconsitutional, than the actions of the Former Governor, as acting Governor are seen to be the same.

I am not filing a case on that front, but only stating what retroactive precedent this will have set, meaning all actions done by that Chief Officer must be put into review.

[Wisconsin+17]

If Governor NeverAgain wishes to contest my appointment to Speaker, he should have done so at the time I was appointed speaker.

[Wisconsin+17]

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Per the ruling, this applies to a vacancy in the Speakership. The position is not vacant as I remain Speaker until such a time as the vote clearly designates the will of the Southern Chamber of Delegates.

Governor NeverAgain has no authority to attempt to remove me as Speaker, let alone appoint his own acting Speaker.

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Other than the little fact that no vacancy currently exists. Had I lost election to the delegates, the position would in fact be vacant, and Governor NeverAgain would have the authority to appoint a replacement speaker.

[JustinTimeCuber]

lol
*talks about will of the Delegates*
*ignores fhtagn's vote*

also

Governor NeverAgain Delegate Ben Kenobi has no authority to attempt to remove me as Speaker create arbitrary rules, let alone appoint his own acting Speaker use them to invalidate a Delegate's vote.

[windjammer]

Speaker Kenobi, please precise clearly if you are challenging this with the whole supreme court or just the Southern supreme court.

[NeverAgain]

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You are no longer Speaker, your term expired when you took office as therefore we needed a vote on a new Speaker. I did not remove you.

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But you didn't run, and so we have had no Speaker for the past couple of days, and even if you had we would still have no Speaker... I appointed Peebs Speaker until we establish a revote and elect a new Speaker or the Judiciary makes their decision.

[Wisconsin+17]

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Hello, Justice Windjammer:

I am challenging the Southern Supreme Court, as this is a regional and not a federal issue.

[Wisconsin+17]

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Actually, it's a bit more complicated than that. I'm actually representing Diptheriadan's term, as he appointed me to fill his own vacancy.

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The rules do not state that Speakership ceases upon the start of the new session.

What they do state is the following:

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None of which have occurred here. There is nothing to appoint to, as I retain Speakership until the election of the new Speaker.

This is also why the Speakership vote is first, in order that the new session may establish their Speaker at the start of the term.

I have fulfilled my legal obligations in calling that vote.

[JustinTimeCuber]

None of which have occurred here. There is nothing to appoint to, as I retain Speakership until the election of the new Speaker.

which I shall point out happened.

[Wisconsin+17]

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The results of which put the Chamber in deadlock, which has not yet been resolved. You have contested the official results and filed a challenge with Justice Brase.

Until that court case is resolved, there is little that can be done.

[CatoMinor]

Silence peasants!

Let it be known that the plaintiff, Ben Kenobi shall have 24 hours to plead his case, and NeverAgain or a representative of his choosing shall have an additional 24 hours to respond. If either party needs more time that is fine, simply request it.

Until such time as this case (and potentially the other) is settled, the office of Speaker shall be considered  temporarily vacant, with the Chamber ran by consensus.

Let this bloodbath formally commence.

[Wisconsin+17]

I am withdrawing this, per agreement with Nev.

[diptheriadan]

Well that was anti-climactic.