Request for a Ruling from the Presiding Officer of the Senate

[True Federalist (진정한 연방 주의자)]

PPT MasterJedi,
  Unless a Senator should change their vote, both myself and Bono shall be approved for the new cabinet.  As SoFA, it will be my duty to handle special elections should they be needed.  Since the question has been raised as to whether Bono's appointment will create a vacancy and the question involves an interpretation of the "regulations for the procedure of and the form of Senate elections" which under Article I Section 4 Clause 6 of the Second Constitution are to be determined by the Senate, I hereby ask for a ruling by the Presiding Officer of the Senate (yourself under the OPSR or the VP if I receive no answer within 7 days) as to whether there will be a vacancy in the Senate upon Bono's acceptance of the office of Secretary of the Treasury.

SoFA-designate Ernest

[Q]

Unless a Senator should change their vote

None may, per Section 3, Clause 3 of the OSPR:

"Once said Nominee has garnered enough votes to pass or fail, all Senators who have voted will be prohibited from changing their votes."

[Emsworth]

Doesn't the President of the Senate, rather than the President pro tempore, have the power to make this ruling in the first place, rather than after seven days?

[True Federalist (진정한 연방 주의자)]

Not according to the OPSR.  Section 1 Clause 1 of the OPSR says the PPT is the Presiding Officer while Section 2 Clause 2 of the OPSR says the VP acts as PO in the absence of the PPT.  Now if one wants to argue that the OPSR is unconstitutional, go ahead, but I don't see where anyone but the VP or a Senator would have standing to sue, and since I'm not either of those.  In any case, I don't have any particular reason to care who the PO is, I just need a ruling from the Senate as to whether there is indeed a vacancy.

[Q]

I hereby ask for a ruling by the Presiding Officer of the Senate (yourself under the OPSR or the VP if I receive no answer within 7 days) as to whether there will be a vacancy in the Senate upon Bono's acceptance of the office of Secretary of the Treasury.

My opinion, should you desire it either now or in seven days, is that there is no vacancy in the Senate.  Senator Hawk was duly elected by the residents of District 4 and will serve in the Twelfth Senate as the sole representative of that district, and is thus entitled to all the rights of a Senator, not to be shared with any other person, as no other person elected in February 2006 by the electors of District 4 will be eligible, upon the swearing in of Secretary Bono, to share these rights.

[Peter]

I'd like to note that if Q's opinion (issued by whomever) carries I will lodge a formal objection. Further, presuming Bono leaves the Senate, I will challenge any vote cast in the confirmations that are/were his through all appropriate channels unless he is appropriately replaced.

Note that I'm not going to force a special election on this matter because it would be ridiculous, but I do however feel that Bono and Demo Hawk came to an agreement, and it should not be violated because it has become convenient to

[MasterJedi]

I agree with what Q has said above.