New FACE thread

[Peter]

Forum Affairs Commission on Elections

Previous FACE thread

I will be continuing this Commission established by my predecessor with much the same remit - the Department will use this thread to publish statutory and regulatory proposals to gain public feedback. Questions that do not deal with general policy should be directed to the Jim Fritz Forum Affairs Building.

Action in the coming weeks

1. The Department will actively support the passage of both the Consolidated Electoral System Reform Bill and the Consolidated Criminal Justice Bill in the Senate, and will be available to answer questions on both.
2. Upon passage of the CESRB, the Department will begin reconsideration of all regulations promulgated by this Department in the past.

[Democratic Hawk]

Thank you Mr Secretary

'Hawk'

[Peter]

The Department welcomes the passage of the Consolidated Electoral System Reform Act.
That which follows is a new set of Candidacy Regulations that follow in the wake of the CESRA. I have made several substantive changes, and these are discussed at the bottom. Feedback is requested.

Candidacy Regulations

Key
The standard abbreviation CESRA is used throughout - this stands for the Consolidated Election System Reform Act, F.L. 14-2.

Section 1: Controlling legislation
It is the belief of the Secretary of Forum Affairs that the Constitutional and legislative provisions listed in this subsection are all of the controlling legislation for the candidacy process.

1. Article I Section 4 Clause 6 Sentence 1 of the Second Constitution states:
"The Senate shall have necessary power to determine regulations for the procedure of and the form of Senate elections and shall have necessary power to determine a procedure for declaration of candidacy for such elections."

2. Article II Section 2 Clause 2 Sentence 1 of the Second Constitution states:
"The Senate shall have necessary power to determine regulations for the procedure of and the form of Presidential elections and shall have necessary power to determine a procedure for declaration of candidacy for such elections."

3. Article VIII Section 2 Clause 2 of the Second Constitution states:
"The Department of Forum Affairs shall be responsible for administering all elections to the Presidency and the Senate."

4. Article VIII Section 5 Clause 5 of the Second Constitution states:
"The Senate shall have appropriate power via legislation to repeal or amend anything in this Section."

5. Section 8 of the CESRA states:
"1.   The candidacy declaration deadline for regular elections to the Senate shall be seven days before the earliest possible commencement of the election and for special elections to the Senate shall be two days before the commencement of the election.
"2.   The candidacy declaration deadline for full tickets of a Presidential and Vice-Presidential candidate to declare shall be seven days before the earliest possible commencement of the election. However, should the Vice-Presidential candidate withdraw his candidacy, then the Presidential candidate may nominate a new Vice-Presidential candidate up to 72 hours before the commencement of the election.
"3.   In all cases, the assent of both the Presidential and Vice-Presidential candidate shall be necessary for them to appear together as a ticket on the ballot."

6. Section 1 Clause 5 of the CESRA states:
"In order for write-in votes for a candidate to qualify as countable votes, the person written-in must formally accept the write-in candidacy before the end of voting in the given election."

7. Section 5 Clause 2 of the CESRA states:
"None of the candidates defeated by the None of the Above option in the original may be declared candidates in the new election. However, a voter may still write-in any such candidate."

8. Section 5 Clause 3 of the CESRA states:
"The candidacy declaration deadline for the new election shall be the same as for special elections."

Section 2: Declaration Thread
1. The Department of Forum Affairs shall maintain a stickied thread in the Atlas Fantasy Elections board for handling all declarations by candidates concerning any Federal election.
2. In the case of a regular election the filing period shall begin at the conclusion of the immediately previous regular elections to the Senate.
3. In the case of a special election the filing period shall begin as soon as the need for a special election is recognized by the Department of Forum Affairs, and this shall be duly noted with a post in the stickied thread.
4. Any post concerning an election made in the declaration thread before the filing period begins shall be ignored by the Department.

Section 3: Candidacy and Withdrawl Declarations
1. Any candidates who retract their candidacy before the deadline for declaring their candidacy shall not appear on the ballot.
2. Presidential or Vice-Presidential candidates without a running mate at the time of the deadline for declaring their candidacy shall not appear on the ballot.
3. Where a Vice-Presidential candidate withdraws from a ticket after the declaration deadline, and the Presidential candidate of that ticket fails to appoint a replacement before the 72 hour deadline, then the original ticket shall appear on the ballot.
4. Declarations of candidates who are ineligible for the office shall be null and void. Eligibility shall be determined as of the declaration deadline.

Section 4: Write-In Declarations
1. Candidates who declare their intent to run after the deadline for declaring their candidacy and before the end of the election, or their intent to accept office but not to run before the end of the election shall not be listed on the ballot, but such declaration shall be considered a formal acceptance of a write-in candidacy in accordance with Section 1 Clause 5 of the CESRA.
2. A voter casting a write-in preference for himself for a Senate seat, shall be considered to have made a formal acceptance of a write-in candidacy in accordance with Section 1 Clause 5 of the CESRA unless he should declare otherwise.
3. A voter casting a write-in preference for himself for Vice President, shall be considered to have made a formal acceptance of a write-in candidacy in accordance with Section 1 Clause 5 of the CESRA unless he should declare otherwise, and acceptance of all persons listed with him as a Presidential nominee on a joint ticket.
4. A voter casting a write-in preference for himself for President, shall be considered to have made a formal acceptance of a write-in candidacy in accordance with Section 1 Clause 5 of the CESRA unless he should declare otherwise, and acceptance of all persons listed with him as a Vice-Presidential nominee on a joint ticket.

Section 5: NOTA elections
    (a) Candidates who were on the ballot for an office in an election that triggers a new election for that office under section 5 of the CESRA may not declare their intent to run for that office in the new election. This prohibition does not apply to any other office or election.
    (b) Candidates who were on the ballot for an office in an election that triggers a new election for that office under section 5 of the CESRA shall be considered as having declared their intent to accept that office unless they declare otherwise.
    (c) Candidates who had write-in votes counted for an office in an election that triggers a new election for that office under section 5 of the CESRA shall be considered as having declared their intent to run unless they declare otherwise.
    (d) Any eligible person shall have until 48 hours before such an election to declare their intent to run or to accept office, save those barred from declaring their intent to run under subsection (a).

Changes Made

• Updated controlling legislation for passage of CESRA, and references in text to such Laws.
• Filing period now begins at the conclusion of the previous regular elections to the Senate.
• Requirement on department to notify public of opening of filing period is removed except for special elections (since regular election filing is now effectively always open).
• Section 3 largely reduced due to the fact that most of what it talks about is spelt out in Section 8 of the CESRA. Now deals with withdrawls more expanisvely as this is not spelt out.
• Section 5 (Runoff elections) deleted as it is a reiteration of statute.
• New Section 5 (old 6) shall be reconsidered more fully at a later date.

[True Federalist (진정한 연방 주의자)]

I agree that the old section 5 of the original regulation was just a restatement of law, but I was trying to make the regulation a one-stop location for all procedures to be followed by candidates.