NE: Lawsuit - cinyc v. Governor Sirnick
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  NE: Lawsuit - cinyc v. Governor Sirnick
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Author Topic: NE: Lawsuit - cinyc v. Governor Sirnick  (Read 775 times)
cinyc
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« on: January 31, 2014, 01:21:32 PM »

I am reluctantly bringing this lawsuit because the Constitution of Atlasia must be followed, regardless of the outcome.

Governor Sirnick opened a voting booth for a special Assembly election, listing Adam Griffin, New_Conservative and SomebodyWhoExists as candidates.  However, none of these people are eligible to "be a candidate in an election" because they were not registered to vote in Atlasia "seven days before the earliest possible commencement" of the election, which for Northeast purposes, is between  midnight Eastern Standard Time on Thursday and 0001 Eastern Standard Time on the following Friday.  Therefore, I seek an injunction against Governor Sirnick from declaring Adam Griffin, New_Conservative or SomebodyWhoExists as a winner of the special election.

More specifically:
Article V, Section 2, Clause 3 of the Third Atlasian Consitution states:
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While there is no similar prohibition in the Fourth Northeast Constitution, note that the Atlasian Constitution bars newly registered voters from being a candidate in an election, not just federal elections.  And under Article IV, Section 3, Clause 1 of the federal Constitution, "[r]egional authorities shall be bound by the the federal Constitution . . . as federal law shall be the highest form of law in Atlasia."

After deregistering from Atlasia for months, Adam Griffin registered in Atlasia on January 24, 2014, 08:34:18 pm, six days before the commencement of the special election.  Therefore, he cannot be a candidate in the special election under the federal constitution.

New_Conservative newly registered in Atlasia on January 25, 2014, 02:15:59 am, five days before the commencement of the special election.  Therefore, he cannot be a candidate in the special election under the federal constitution.

Finally, SomebodyWhoExists newly registered in Atlasia on January 27, 2014, 06:20:33 pm, a mere three days before the commencement of the special election.  Therefore, he cannot be a candidate in the special election under the federal constitution.

For similar reasons, I also ask that the CJO direct the Governor to ignore the votes of BrandenCordiero and anyone else who was not registered in Atlasia for more than seven days.
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sentinel
sirnick
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« Reply #1 on: January 31, 2014, 01:53:54 PM »

I am waiving my right, as Governor, to contest this charge.
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Dallasfan65
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« Reply #2 on: January 31, 2014, 05:39:26 PM »

Noted. Do any of the parties affected wish to file a brief?
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New_Conservative
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« Reply #3 on: February 01, 2014, 04:07:15 PM »

I reject to the Plantiff's charges that I am not eligible.

January 25: 1 day
January 26: 2 days
January 27: 3 days
January 28: 4 days
January 29: 5 days
January 30: 6 days
January 31: 7 days

January 31st was my 7th day of being here.
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Cincinnatus
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« Reply #4 on: February 01, 2014, 05:58:56 PM »
« Edited: February 01, 2014, 06:15:50 PM by Cincinnatus »

I reject to the Plantiff's charges that I am not eligible.

January 25: 1 day
January 26: 2 days
January 27: 3 days
January 28: 4 days
January 29: 5 days
January 30: 6 days
January 31: 7 days

January 31st was my 7th day of being here.

In order to vote or be a candidate in an election, a person must have been a registered voter seven days before the earliest possible commencement of the election.
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New_Conservative
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« Reply #5 on: February 01, 2014, 06:09:24 PM »

The commencement of the election was January 31st.
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Cincinnatus
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« Reply #6 on: February 01, 2014, 06:16:00 PM »

The commencement of the election was January 31st.

Apologies, fixed.
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cinyc
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« Reply #7 on: February 01, 2014, 06:56:28 PM »

I reject to the Plantiff's charges that I am not eligible.

January 25: 1 day
January 26: 2 days
January 27: 3 days
January 28: 4 days
January 29: 5 days
January 30: 6 days
January 31: 7 days

January 31st was my 7th day of being here.

1) You can't count both the first and last days when determining the number of days.  24 hours have not passed.  You registered on  January 25, 2014 at 02:15:59 am, so:

January 26, 02:15:59 am: 1 day
January 27, 02:15:59 am: 2 days
January 28, 02:15:59 am: 3 days
January 29, 02:15:59 am: 4 days
January 30, 02:15:59 am: 5 days
Between Midnight on January 30 and 00:01 on January 31 - commencement of election

You were registered for 5 days as of the commencement of the elecction.

2) As I said previously, technically, Northeast elections commence in between midnight Thursday and 00:01 on the following Friday.  Even under your count, you were only registered for 6 days as of January 30.
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New_Conservative
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« Reply #8 on: February 01, 2014, 08:18:37 PM »

That is not fair at all. I was here for that whole day on January 25th, that should count as a day, and today as well.
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cinyc
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« Reply #9 on: February 01, 2014, 08:25:30 PM »

That is not fair at all. I was here for that whole day on January 25th, that should count as a day, and today as well.

You can't count both the first and last days when counting days.  To put it another way, you registered on a Saturday and the election started in between a Thursday and Friday.  That's not a full week.
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sentinel
sirnick
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« Reply #10 on: February 01, 2014, 09:00:08 PM »

Question for the Chief Judicial Officer: Since no candidates would be valid for the election, if cinyc is correct, what course of action do you recommend? Cancel and reschedule the election?
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cinyc
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« Reply #11 on: February 01, 2014, 09:33:09 PM »

Question for the Chief Judicial Officer: Since no candidates would be valid for the election, if cinyc is correct, what course of action do you recommend? Cancel and reschedule the election?

There are valid write-in candidates in this election.  I don't think it needs to be rescheduled.
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sentinel
sirnick
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« Reply #12 on: February 01, 2014, 10:27:25 PM »

Question for the Chief Judicial Officer: Since no candidates would be valid for the election, if cinyc is correct, what course of action do you recommend? Cancel and reschedule the election?

There are valid write-in candidates in this election.  I don't think it needs to be rescheduled.

I didn't realize Winfield voted for himself making him eligible. This is going to end up with only Winfield winning, no one winning the second seat --then me reappointing Adam Griffin, then us having another special election in a week, isn't it?
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cinyc
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« Reply #13 on: February 01, 2014, 10:28:03 PM »

I didn't realize Winfield voted for himself making him eligible. This is going to end up with only Winfield winning, no one winning the second seat --then me reappointing Adam Griffin, then us having another special election in a week, isn't it?

Napoleon also wrote himself in, so maybe not.
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sentinel
sirnick
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« Reply #14 on: February 01, 2014, 10:30:50 PM »

I didn't realize Winfield voted for himself making him eligible. This is going to end up with only Winfield winning, no one winning the second seat --then me reappointing Adam Griffin, then us having another special election in a week, isn't it?

Napoleon also wrote himself in, so maybe not.

Oh god
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Goldwater
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« Reply #15 on: February 01, 2014, 10:41:31 PM »

Well, this is an interesting turn of events...
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sentinel
sirnick
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« Reply #16 on: February 04, 2014, 08:43:03 AM »

...should I go ahead and certify the results...?
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Dallasfan65
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« Reply #17 on: February 04, 2014, 08:56:55 AM »

After a bit of reflection, I am going to side with Representative Cinyc. While it is unfortunate, votes for Adam Griffin, Somebodywhoexists, and Brandon Cordeiro ought not to be counted.

My apologies to the affected parties here, as I am sure they would have been good Representatives.

So ordered,

CJO Dallasfan65

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