Modified Electoral System Reform Bill

[MasterJedi]

Modifications in green.


Modified Electoral System Reform


===Section 10: Administration of Voting Booths===
1. Whenever possible, the Secretary of Forum Affairs, or the Deputy Secretary of Forum Affairs, shall be the administrator of the voting booth. If both shall be absent or unable to administer the voting booth, then the President shall designate an executive officer to do so instead.
2. The administrator of a voting booth shall be free to design the ballot as he or she sees fit, as long as the content of the ballot is clear and unambiguous.
3. The administrator of a voting booth shall post links to all relevant statute regarding electoral law on the ballot.
4. The administrator of a voting booth shall give registered voters three days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all regular and special Senate elections
__________________________________________________________

Sponsor: Sen. Dave Hawk

[Gabu]

I see nothing wrong with this.

[ilikeverin]

I would like the deadline to be earlier, maybe four or five days.  Or have it different for special elections; five for normal, two for special elections?

[Hatman]

This is a great idea. It has my fully support.

[Democratic Hawk]

I would like the deadline to be earlier, maybe four or five days.  Or have it different for special elections; five for normal, two for special elections?

I introduced this following the ratification of the following amendment:

Flexi-time Constitutional Amendment

   1. Regular elections to the Senate and Presidency shall begin between midnight Eastern Standard Time on the second to last Thursday of the month in which they otherwise would have started and 0001 Eastern Standard Time on the first Friday thereafter, and shall conclude exactly 72 hours after beginning.
   2. Special elections to the Senate shall begin within ten days of the vacancy occurring and shall begin between midnight Eastern Standard Time on a Thursday and 0001 Eastern Standard Time on the first Friday thereafter, and shall conclude exactly 72 hours after beginning.
   3. The exact time at which a given election or vote shall begin may be determined by the voting booth administrator subject to such restrictions as may be imposed by Law.
   4. The Ninth Amendment is repealed.

I believe, my proposal, three days public notice is suitable for special elections, as well as regular elections; and, in the case of special elections, would, at least, allow for a bit of graft in the form of campaigning. If a vacancy occurs, for example, on the Monday, I see it perfectly acceptable for the election to commence a week Thursday (i.e within the ten days stipulated by the amendment)

Furthermore, in the instance of any special election, I'd like wherever possible for Senators not to actually vacate the Senate until such time as their successor is elected. At least, that way their constituents would have continuous representation . And were that to require a Consitutional Amendment, or further legislation, I'll be more than happy to submit it to the Constitutional Convention for consideration, or introduce it in the Senate

'Hawk'

[Yates]

A superb idea!

[Emsworth]

As a member of the Supreme Court, I would like to clarify the intent of the Senate on this bill, in case the issue ever comes up:

What happens to the election if the voting booth administrator fails to give notice within three days, or if he gives notice for one time but actually opens the voting booth at another?

[Brandon H]

I would be under the impression that if the Voting Time is not declared in advance, any voter who goes before the Court claiming he was not made aware of the voting time would have a very strong case.

In the original flex time amendment, I had actually proposed the voting time should be announced the weekend before the election.

[Democratic Hawk]

What happens to the election if the voting booth administrator fails to give notice within three days, or if he gives notice for one time but actually opens the voting booth at another?

Well, he'd be in breach of the Act. This modification would mandate him by Law to give three days notice and abide by that

'Hawk'

[Democratic Hawk]

I would be under the impression that if the Voting Time is not declared in advance, any voter who goes before the Court claiming he was not made aware of the voting time would have a very strong case.

In the original flex time amendment, I had actually proposed the voting time should be announced the weekend before the election.

On reflection, I do believe that this would work for regular elections, as the schedule is constant

However, I do believe as far as special elections are concerned it has the potential to be more problematic. If a Senate seat become vacant on Monday, Tuesday or Wednesday I don't see a problem in seven days advance public notice of voting times being given the immediate Thursday for elections scheduled to be held the following weekend, but if a vacancy arises on a Thursday, Friday, Saturday or Sunday, I don't how there can be seven days advance public notice without breaching the within ten days of the vacancy occurring rule specified by Clause 2 of the Flexi-Time Constitutional Amendment

Nevertheless, I'm open to considering the following amendment, which would strike my proposed Section 10 Clause 4 as it stands and replace it with the following:

4. The administrator of a voting booth shall give registered voters seven days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all regular Senate elections.
5. The administrator of a voting booth shall give registered voters seven days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all special Senate elections called on a Monday, Tuesday or Wednesday; and three days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all special Senate called on a Thursday, Friday, Saturday or Sunday

However, I seek the thoughts of my esteemed colleagues on whether to proceed along the above lines

'Hawk'

[Peter]

What happens to the election if the voting booth administrator fails to give notice within three days, or if he gives notice for one time but actually opens the voting booth at another?

Well, he'd be in breach of the Act. This modification would mandate him by Law to give three days notice and abide by that

I don't think that is the Justice's point - he wants to know what the consequences for breach are.

Say the Secretary gives notice that the election will start at 1600 on Thursday, but unfortunately gets stuck in traffic and ends up opening the booth on 1700 Thursday. Then at the end of the election somebody loses and then sues the SoFA.

What does the Court do in this circumstance? This came up in a similar way when Ernest closed the booth early in the D1 special a while back and Mike Assad began to sue the SoFA but pulled out.

What does this Senate intend that the Court do? Does it intend that the SoFA simply get a slap on the wrist with no other consequences, does it intend that the entire election be done over, does it intend that the Secretary have a closed session with Justice Emsworth and myself? What exactly is it that the Senate's intention for when at some point this inevitably doesn't quite work to standard.

Also, there is no human reason why the Secretary should have to give as much as a week's notice of the opening time of the election. The Amendment was passed to give the Secretary some flexibility, not to make him fix his diary a whole 10 days in advance. Notice is certainly needed, but an absolute requirement of full notice seven days in advance is overkill.

This however does not mean that the Secretary cannot begin to give provisional notice many days in advance, but only giving final notice two or three days in advance.

[Democratic Hawk]

Peter ,

Ideally, I don't see why the administrator of a voting booth shouldn't be able to fulfil his mandatory requirements by Law but seemingly breaches can arise so some measure, or measures, to address such a breach need to be considered by the Senate as to what action should be taken but, personally, I don't want anything too punitive since there are real-life circumstances and technical glitches, which can arise, that may mean that the administrator is unable to fulfil his mandatory requirements; in which case, ideally his number two or another appropriate federal official. I like to think there was always someone who was going to be available to open the voting booth and close it without being in breach of the Law

But one thing I will stress is that I have no desire to see is for a breached election to be declared void and conducted again in for the simple reason is that I don't think it in the least bit desirable that the consituents of the particular Class B (District) Senate seat should go needlessly too long without being represented in the Senate, unless , of course, it was both possible and permissable for a vacating Senator to continue to represent his constituents until such time as his successor is elected to replace him

Nevertheless, should any of my esteemed colleagues wish to introduce one, or a number, of measures to redress such a breach please do so

As for the Attorney General's argument for seven days notice, I'm more than happy for that to be considered by the Senate but, as I've stated previously, I see no reason why three days notice shouldn't suffice and I await the thoughts of fellow senators on that as to whether I'll take his proposal forward

'Hawk'

[MasterJedi]

Hey Hawk, is that amendment you posted above introduced or are we just discussing it? (Just checking)

[Democratic Hawk]

Hey Hawk, is that amendment you posted above introduced or are we just discussing it? (Just checking)

By tomorrow afternoon, if no-one has made any comments, I intend to introduce it as an amendment. It's just that I was seeking the thoughts of fellow senators on it. But I guess they can consider it once it's formally proposed . It's more on behalf of the Attorney General than myself

'Hawk'

[Democratic Hawk]

I, formally, introduce the following amendment:

4. The administrator of a voting booth shall give registered voters seven days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all regular Senate elections.
5. The administrator of a voting booth shall give registered voters seven days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all special Senate elections called on a Monday, Tuesday or Wednesday; and three days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all special Senate called on a Thursday, Friday, Saturday or Sunday

'Hawk'

[MasterJedi]

I hereby open up the vote on this amendment. Please vote Aye, Nay or Abstain.

4. The administrator of a voting booth shall give registered voters seven days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all regular Senate elections.
5. The administrator of a voting booth shall give registered voters seven days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all special Senate elections called on a Monday, Tuesday or Wednesday; and three days advance public notice, in both the Fantasy Elections Forum and the Voting Booth, of the hours in which voting shall take place for all special Senate called on a Thursday, Friday, Saturday or Sunday

[MasterJedi]

Aye

[ilikeverin]

Yup

[Gabu]

Aye.

[Bacon King]

Aye.

[Democratic Hawk]

I still believe that 3 days public notice would be sufficient and I think consistency would be preferable for both regular elections and special elections, therefore, I vote Nay on the amendment

Nevertheless, I wrote and introduced this amendment to reflect the Attorney General's proposal, as far as it could be allowed, and I felt it was something for the Senate to consider and decide. I cannot be any fairer than that

'Hawk'

[WMS]

Aye. Yes, I voted differently than the Hawk. Try not to have a heart attack.

[Hatman]

Nay. I agree with Hawk on this.

[Keystone Phil]

Aye

[MasterJedi]

This amendment has passed.