Vetoed Electoral Standards Act

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CaseyLeFaye

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CaseyLeFaye
CaseyLeFaye
Representative
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A
BILL
To

Reform Electoral and Referendary Procedures

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment
(1) This Act may be cited as the 'Electoral Standards Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by Speaker CaseyLeFaye and President UnityMaster.
(4) This Act has been co-sponsored by Representative Jabolko.

2 - Reasons
(1) To replace the procedural law from the Electoral Act.
(2) To establish a voting system that is both fairer and better to understand.
(3) To add election schedules to prevent tyranny from the DOS.
(4) To modernise and fix the law regarding referendums.

3 - Repeal
(1) The Referendum Act is hereby repealed in its entirety.
(2) End's Electoral Officer Act December 2020 is hereby repealed in its entirety.

4 - Electoral Terms and Limitations
(1) Party Affiliation. Candidates are to make their official political party affiliations known or if none, opt to run as an independent. Failure to identify a party affiliation will result in the candidate being declared an independent.
(2) Separate Listing. Each candidate is to be listed separately on the ballot. If able, with their party in parentheses by their name.
(a) Exception. A Presidential candidate will choose a running mate prior to the electoral ballot, to serve as Vice President. These candidates shall be listed together on the ballot.
(3) False Party Affiliations. False party affiliations will be excluded at the request of the relevant party leader.
(4) Party Sponsorship Limitation. Political parties cannot sponsor a higher number of candidates than seats that are up to vote.
(a) Exception. Presidential Elections are exempt from this.

5 - Federal Election Systems
(1) House of Representatives. Elections for the House of Representatives shall be conducted through a system of proportional multiple non-transferable voting as outlined in this Act.
(2) Senate. Elections for the Senate shall be conducted through a system of proportional multiple non-transferable voting as outlined in this Act.
(3) Presidency. Presidential Elections shall be conducted through a system of proportional single non-transferable voting as outlined in this Act.

6 - Proportional Multiple Non-Transferable Voting (PMNTV) System
(1) Voting Process. Voters cast up to as many votes as there are seats up for election, each vote for a separate candidate, of their choice.
(2) Winner Determination:
(a) Once voting has concluded, all votes cast to candidates of the same party are pooled. Independents shall stand on their own and for all electoral purposes are considered a 'party'.
(b) The number of votes the party or independent as a whole received shall be divided by the total number of votes cast to determine the “Party Share”.
(c) The total number of seats being contested shall be multiplied by the Party Share to determine the party’s seats.
(d) All parties and independents shall be awarded a number of seats equal to the whole number determined in the previous step.
(e) Should any seats remain unallocated, the party with the next highest decimal seats shall be granted a seat until all seats are allocated.
(f) The order in which the seats will be distributed to candidates will be determined by their popularity in the election, with seats being awarded to the most popular candidate of the party first, then going down from most popular to least popular to fill all of a party’s seats. If a party wins more seats than it has candidates, its extra seats shall be reapportioned in accordance with (2)(e) of this Section.
(g) Tie Resolution. In the case of a tie where a victor — either between parties or between candidates within party; or who wins which Senate Class — cannot be determined, a run-off consisting of a 24-hour voting period shall be conducted between the tied candidates. Should another tie occur, subsequent run-offs shall be conducted until one candidate reaches a plurality.

7 - Proportional Single Non-Transferable Voting (PSNTV) System.
(1) This shall be the same as PMNTV, except voters only get a single vote.
(a) The results for the Presidential Election shall be calculated as if the President and Vice President share one seat.

8 - Single Non-Transferable Voting (SNTV) System
(1) Voting Process. Voters cast a single vote for a candidate of their choice in a multi-member constituency.
(2) Winner Determination. Candidates with the highest individual vote counts, up to the number of available seats, are declared the winners.
(3) Tie Resolution. In the case of a tie where a victor cannot be determined, a run-off consisting of a 24-hour voting period shall be conducted between the tied candidates. Should another tie occur, subsequent run-offs shall be conducted until one candidate reaches a plurality.

9 - General Elections
(1) Definition. An election that is regularly scheduled.
(2) Schedule. The schedule for all General Elections for Congress and the Presidency shall be as follows:
(a) Declarations. Declarations shall open the first day of the election month and close 72 hours (three days) thereafter.
(b) Validation. After declarations have closed, the Department of State shall have one day to verify that the declared candidates meet the running requirements. Candidates who do not meet the requirements at the time of validification must be excluded from the ballot.
(c) Voting. Voting for a General Election shall open one day after declarations have closed and will close 72 hours (three days) thereafter.
(d) Calculation. The Department of State shall calculate the results of the election.
(e) Announcement. The Department of State shall announce the results of the election, and the victors shall assume their seats. Any needed run-off elections shall be announced at the same time.
(i) Exception. For the Presidential Election, victors shall assume their seats as described in the Constitution.

10 - Special Elections
(1) Congressional Proposal. Congress may propose a motion to have a special election to fill one or more Congressional vacancies.
(2) Approval. Approval requires a simple majority in both chambers.
(3) Initiation. Within 24 hours of the Department of State being notified of either the passage of approval described in 10(2) or the automatic trigger of a special election described in 11(1)(b), the Special Election Schedule shall commence. Immediate public notification will allow candidates to campaign and formally submit their intent to run.
(4) Special Election Schedule. The schedule for all Special Elections for Congress shall be as follows:
(a) Declarations. Declarations shall be open 48 hours.
(b) Validation. After declarations have closed, the Department of State shall have one day to verify that the declared candidates meet the running requirements. Candidates who do not meet the requirements at the time of validification must be excluded from the ballot.
(c) Voting. Voting for special elections shall open one day after declarations have closed and will close 48 hours (two days) thereafter.
(d) Calculation. The Department of State shall calculate the results of the election.
(e) Announcement. The Department of State shall announce the results of the election, and the victors shall assume their seats. Any needed run-off elections shall be announced at the same time.
(5) No Caretaker Mode. The enactment of caretaker mode will not result from a special election.
(6) Results and Subsequent Election Period. The results of a special election will become the most recent election, initiating another 14-day period.
(7) Voting System. A special election for a chamber shall use the same voting system as general elections for that chamber.

11 - Vacant Seats
(1) Where a seat in a chamber becomes vacant, that chamber’s presiding officer is obligated to do the following:
(a) Nominate the next winning candidate according to the electoral system used in the election. For the nominee to assume office, they must attain a simple majority approval in the chamber to which they are being nominated.
(i) Any candidate nominated to the Congress of Redmont must meet all requirements to run for their position at the time of their nomination.
(ii) If this nomination fails in either chamber, the presiding officer must nominate the next winning candidate. Failure of this motion shall result in this step being repeated.
(b) Congress must vote on a nomination within four days of the seat becoming vacant. A special election will be automatically triggered when there are no suitable candidates in the most recent election, four days have elapsed and the vacancy has not been filled, or a special election has been successfully motioned.
(i) If a special election is automatically triggered for a vacancy, then all nominations for that vacancy shall automatically fail.

12 - Electoral Fraud Process
(1) Where electoral results are flagged for fraudulent behavior, the Government will be responsible for contesting the votes in Court.
(a) During this period, the former Government will remain in caretaker mode.

13 - Department of State
(1) The Department of State is charged with ensuring that elections are carried out in accordance with the wording and spirit of this act.
(2) The Department of State is charged with ensuring that elected offices with activity requirements are met and maintained.
(3) The Department of State is charged with serving as the steward of free and fair elections.

14 - Referendums
(1) Clarification. For all intents and purposes of this Act, a referendum is regarded as an election.
(2) Timespan. All referendums take place over a period of 48 hours.
(3) Commencement. Referendums can only be started by the Department of State.
(4) Binding. A referendum is only binding where provided specifically in law.
(5) Referendum Format. The referendum format for Bills that go to referendum shall be as follows:
Title: Referendum for <short title of bill>​
Bill in Question:​
Intent of Referendum:​
Additional Information:​
(a) The referendum format for petitions shall be the same as the petition format.
(6) Voting System. Referendum voting shall be conducted in a system of single non-transferable vote, where there shall be one option in favor and one option against.
(a) Where there is a tie, there shall not be a run-off; it shall be failed.

15 - Petitions
(1) Initiation. Petitions can be started by anyone in support of or against any matter of public importance.
(2) Required Referendum. At 20 signatures, the Department of State is lawfully required to make an official referendum on the topic.
(3) Petition Format:
Title: Petition for/against <topic>​
Username:​
Topic:​
Why you are for/against this?:​
Additional Information:​
(4) Signage. In order to sign a petition you must respond to a petition created by a player with a declaration reasonably similar to "I, (username), agree with this petition."
(5) Participation Requirements. Players must have a minimum of 6 hours of active playtime on the server within the last thirty days in order to initiate or sign a petition.

16 - Polling Places
(1) Selection:
(a) Consideration must be taken to ensure accessibility, convenience, and efficiency for voters (major landmarks, access to /spawns and public transportation).
(b) Polling places must be on public land or in public buildings.
(c) There must be at least one polling place in a recognised city or town.
(2) Restrictions. In order to ensure a neutral and focused voting environment, campaign-related advertising (Includes, but is not limited to, physical campaign propaganda and person-to-person campaigning) is prohibited within:
(a) 40 blocks of a ballot box (a block registered as a poll); and
(b) inside a building containing a polling place.

17 - Offenses
(1) Interfering with a Polling Place
(a) Classification. Summary Criminal Offense​
(b) Definition. Obstructing or interrupting the conduct of a polling place.​
(c) Punishment Per Offence. $1,000 Fine + 10 Minutes Jail Time​
(2) Harassment of a Polling Place
(a) Classification. Indictable Criminal Offense​
(b) Definition. Failure to comply with polling place restrictions as defined in 16(2) of this Act.​
(c) Punishment:
(i) Per Offence. $10,000 Fine + 20 Minutes Jail Time​
(ii) Three or more offences. Up to $50,000 Fine + Up to 40 Minutes Jail Time + Up to 1 Month Removal from Public Office​
(3) Electoral Fraud
(a) Classification. Indictable Criminal Offense​
(b) Definition. Rigging/meddling with an election through, but not limited to: the use of alternate accounts, bribery, and or threats.​
(c) Punishment Per Offence:
(i) Minimum. $2,000 Fine + 10 Minutes Jail Time + 1 Month Removal From Public Office​
(ii) Maximum. $75,000 Fine (per alt account if applicable) + 60 Minutes Jail Time + 4 Month Removal from Public Office​

18 - Electoral Emergency
(1) Declaration. The Secretary of State has the exclusive power to declare an electoral emergency.
(2) Circumstances. An electoral emergency is called when an in-game election cannot be conducted reliably.
(3) Forum Voting. Under an electoral emergency, all elections will be conducted on forums — with the same electoral system — until declared otherwise by the Secretary of State.

19 - Forum Voting Rules
(1) Voting conducted on forums shall have the following rules:
(a) The Department of State will be charged with the task of ensuring each voter meets the requirements as laid out in this bill.
(b) If a voter does not meet activity requirements as outlined in this act, the vote will be removed and the counting will proceed.
(c) When results are flagged for electoral fraud as described in 12(1), the following shall apply:
(i) Individual votes may be struck by the Court.
(ii) Non-fraudulent votes are to be counted and will continue to contribute to Party totals.

20 - Registration
(1) In order to protect the integrity of the electoral system, the Department of State will maintain voter registration.
(a) Voter registration exists to verify the validity of voters, not to limit potential voters from voting. All legitimate citizens are entitled to registration.
 
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Veto

This bill has been vetoed since the Electoral Foundations Act referendum failed, making this bill unconstitutional.

 
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