If we approve the new Constitution as presented in the other thread, we will need to approve a new Elections and Referendums Law to go along with it. The main function of my amended version here is to make the rules for Fiovan elections much more flexible, in the same way that Kingdom elections are, i.e. the SoS has some discretion to set their own rules; and also make it easier to delegate any and all of our elections to the Chancery. It also includes a provision for "write-in" candidates, to make our elections run by the same rules as Senäts elections.
Part One
TITLE I: Responsible Officials
1. The Secretary of State shall be responsible for carrying out the provisions of this Act.
2. The Secretary of State may appoint other officials to assist him or her in his duties.
3. The Secretary of State shall be authorized to prepare rules for the upcoming election governing the procedure by which s/he will comply with this Law and the Constitution, and submit such rules to the Praisideu and the General Assembly for review and certification. The Secretary of State shall also make such rules publicly available, and until such a time as the rules are certified, conspicuously note that the rules are subject to certification by the Praisideu and the General Assembly.
3.1. The Secretary of State may declare, as part of this setting of rules, that they will delegate any or all of their functions under this act to the National Chancery. Any functions thus delegated shall be held in accordance with the election rules set by the National Chancery.
3.2. Should the Secretary of State fail to submit rules to the Praisideu and the General Assembly at least one month prior to Balloting Day, the Praisideu and General Assembly may accept a late submission of rules at their discretion; or else, the rules governing the previous Fiovan election shall be reviewed and certified.
3.3. The Praisideu and the General Assembly shall review the proposed rules for compliance and amend them as necessary prior to certification.
3.4. Either the Praisideu or the General Assembly shall certify rules for the election no later than two weeks prior to Balloting Day. Should the Praisideu and the General Assembly fail to certify any rules by this deadline, then the rules shall govern the election absent the certification, except where such rules are in conflict with election law.
TITLE II: Voting Procedure
1. This section shall apply equally to all elections and referendums held under the Constitution and Laws of Fiova, and to elections for Senator from Fiova where those are to be held by the Provincial Chancery.
2. Subject to the provisions of this Act, the Secretary of State shall for each vote establish a voting system which enables all citizens willing and eligible to vote to do so. The Secretary shall not be liable for citizens being unable to vote due to unforeseeable circumstances.
2.1. This system may involve online voting, paper ballots, or any other method of recording votes consistent with this Act and with the Constitution. If the election is to be conducted electronically, the Secretary of State will also devise and publish a non-electronic method of voting if there are citizens who lack such access.
2.2. Every method of voting used shall be anonymous, whereby each voter's identity is recorded as having voted, but it is not possible to connect any voter with any particular vote.
3. The voting period for all elections shall be at least the same length as that for Kingdom elections, beginning once the ballot paper has been made available to all electors. The Secretary of State may, if in the circumstances it seems expedient to the creation of fairer elections, extend the deadline for voting.
4. The ballot paper shall be designed as provided elsewhere in this Act. It may also contain other impartial information, including instructions on how to cast a valid vote. The Secretary of State shall not publish any information that can reasonably be seen to create an advantage for any party to the vote.
5. The Secretary of State shall maintain a list of electors, with their contact details attached, and shall communicate the ballot paper and voting instructions to the electors in a personalised manner, such as by email, postal mail, telephone call or text message once the ballot paper is available, as well as providing this information to the Chancery and otherwise making it publicly available to all citizens. The Secretary of State shall issue two reminders in a personalised manner as above with the same information to voters, the first no later than seven days before the deadline for voting, and the second no later than three days before the deadline for voting.
6. All vote totals and count details, except those which might undermine the secrecy of the ballot, shall be published by the Secretary of State after the election is completed, to ensure the transparency of the system. No details of votes or counts shall be published before the election is completed.
7. All people who are or become citizens of Fiôvâ during the voting period, and are of at least fourteen years of age, are eligible to vote in any election covered by this Code.
TITLE III: Procedures for Elections
1. The Secretary of State shall call for nominations for Senator or for the Praisidíeu whenever an election for this position becomes due under the Constitution, or Organic Law in the case of the position of Senator.
2.
2.1. A nomination as described above shall include:
the candidate's full name;
their party affiliation (if any); and
a statement, no longer than fifty words, of the candidate's aims and objectives (optional).
2.2. The above-mentioned nominations shall be communicated to the Secretary of State, no more than seven days after the opening of nominations. The Secretary of State may, if in the circumstances it seems expedient to the creation of fairer elections, extend the deadline for nomination.
2.3. Upon the receipt of the nomination, if the nomination is in order, the Secretary of State shall confirm to the candidate that their nomination has been accepted.
3. If the Secretary of State has decided not to allow write-in candidates for the election, then:
3.1. Upon the day following the close of nominations for the election of the Senator, if no nominations have been received, then the election shall be void and the Secretary shall then immediately restart the election process; if again no nominations have been received, then Fiôvâ's Senäts' seat should be declared vacant.
3.2. Upon the day following the close of nominations for the election of the Praisidíeu, if no nominations have been received, then the election shall be void and the Secretary shall then restart the election process at a time of his/her choosing. If the number of nominations received is less than or equal to the number of seats in the Praisidíeu, the Secretary shall declare all nominated candidates elected, and the remaining seat or seats to be vacant.
4. If none of the circumstances in section 3 above pertain, then the Secretary of State shall publish the names of all candidates standing, as well as their fifty word statements. Seven days following that (or a shorter period if approved as part of the election rules under Title I of this Act), s/he shall make the ballot paper available to all electors as outlined below.
4.1. A political party may endorse a candidate, whether or not the candidate his or herself states his party affiliation, by publicly acknowledging it upon their publication by the Secretary.
4.2. If the Secretary of State wishes to declare themselves a candidate for the election, then they shall either -
4.2.1 appoint one or more Deputies as provided in Title I.2, and shall delegate all their functions under this Act for the remainder of that election to such Deputies; or:
4.2.2 make a report to the Praisideu and the General Assembly explaining why it is in the best interests of Fiova for them to be a candidate, and explain the steps that they will take to maintain confidence in the fairness of the election.
4.2.2.1 The Praisideu or the General Assembly shall be entitled to reject this report and thereby disqualify the Secretary of State from being a candidate, and/or receiving any "write-in" votes, at any time before balloting day.
5. The ballot paper for an election shall be prepared so that:
5.1. the names of the candidates shall appear on the ballot paper in a random order;
5.2. the voters may indicate their preferences for between one and all of the candidates, in order of preference, with "1" being the first preference, "2" being the second preference and so on, for as many preferences as they desire;
5.3. at the discretion of the Secretary of State, the ballot paper shall also include ONE of the following options, to either:
5.3.1 "write in" the name of any citizen of Fiova, and express a preference for them as if they were a candidate; or
5.3.2 vote "PRESENT" instead of expressing a preference for any candidate.
6.
6.1. PRESENT votes shall not be counted towards any candidate, and shall not be used in determining the quota.
6.2. If more than half of the ballots are PRESENT, then the election shall be void.
6.3. A ballot paper on which no "1" preference appears shall also be counted as a PRESENT vote.
7. At the close of the voting period, the Secretary of State shall either count the votes as stipulated in Title V of this act. Unless the election is void, the Secretary shall then declare the names of the successful candidates, who shall take office immediately upon such declaration.
7.1. If the election of the Senator is void, then Fiôvâ's Senäts seat shall be declared vacant.
7.1. If the election of the Praisideu is void, the Secretary shall then restart the election process at a time of his/her choosing.
TITLE IV: Referendums
1. When a matter is submitted to the citizens of the Province by secret ballot as provided by law, the Secretary of State shall announce a referendum specifying the matter to be submitted to the electors. Seven days after this, s/he shall make the ballot paper available to all electors.
2. Subject to s.2 of Section 2 of this Act, the ballot paper shall present the question to be decided, followed by three options of equal prominence, labelled "për", "contrâ" and "austenéu".
3. The Secretary of State shall officially announce the result of the referendum as soon as possible after the close of the voting period. If more 'për' votes have been received than 'contrâ' votes, then the referendum shall be deemed to have passed; otherwise, it shall be deemed to have failed.
Part One
TITLE I: Responsible Officials
1. The Secretary of State shall be responsible for carrying out the provisions of this Act.
2. The Secretary of State may appoint other officials to assist him or her in his duties.
3. The Secretary of State shall be authorized to prepare rules for the upcoming election governing the procedure by which s/he will comply with this Law and the Constitution, and submit such rules to the Praisideu and the General Assembly for review and certification. The Secretary of State shall also make such rules publicly available, and until such a time as the rules are certified, conspicuously note that the rules are subject to certification by the Praisideu and the General Assembly.
3.1. The Secretary of State may declare, as part of this setting of rules, that they will delegate any or all of their functions under this act to the National Chancery. Any functions thus delegated shall be held in accordance with the election rules set by the National Chancery.
3.2. Should the Secretary of State fail to submit rules to the Praisideu and the General Assembly at least one month prior to Balloting Day, the Praisideu and General Assembly may accept a late submission of rules at their discretion; or else, the rules governing the previous Fiovan election shall be reviewed and certified.
3.3. The Praisideu and the General Assembly shall review the proposed rules for compliance and amend them as necessary prior to certification.
3.4. Either the Praisideu or the General Assembly shall certify rules for the election no later than two weeks prior to Balloting Day. Should the Praisideu and the General Assembly fail to certify any rules by this deadline, then the rules shall govern the election absent the certification, except where such rules are in conflict with election law.
TITLE II: Voting Procedure
1. This section shall apply equally to all elections and referendums held under the Constitution and Laws of Fiova, and to elections for Senator from Fiova where those are to be held by the Provincial Chancery.
2. Subject to the provisions of this Act, the Secretary of State shall for each vote establish a voting system which enables all citizens willing and eligible to vote to do so. The Secretary shall not be liable for citizens being unable to vote due to unforeseeable circumstances.
2.1. This system may involve online voting, paper ballots, or any other method of recording votes consistent with this Act and with the Constitution. If the election is to be conducted electronically, the Secretary of State will also devise and publish a non-electronic method of voting if there are citizens who lack such access.
2.2. Every method of voting used shall be anonymous, whereby each voter's identity is recorded as having voted, but it is not possible to connect any voter with any particular vote.
3. The voting period for all elections shall be at least the same length as that for Kingdom elections, beginning once the ballot paper has been made available to all electors. The Secretary of State may, if in the circumstances it seems expedient to the creation of fairer elections, extend the deadline for voting.
4. The ballot paper shall be designed as provided elsewhere in this Act. It may also contain other impartial information, including instructions on how to cast a valid vote. The Secretary of State shall not publish any information that can reasonably be seen to create an advantage for any party to the vote.
5. The Secretary of State shall maintain a list of electors, with their contact details attached, and shall communicate the ballot paper and voting instructions to the electors in a personalised manner, such as by email, postal mail, telephone call or text message once the ballot paper is available, as well as providing this information to the Chancery and otherwise making it publicly available to all citizens. The Secretary of State shall issue two reminders in a personalised manner as above with the same information to voters, the first no later than seven days before the deadline for voting, and the second no later than three days before the deadline for voting.
6. All vote totals and count details, except those which might undermine the secrecy of the ballot, shall be published by the Secretary of State after the election is completed, to ensure the transparency of the system. No details of votes or counts shall be published before the election is completed.
7. All people who are or become citizens of Fiôvâ during the voting period, and are of at least fourteen years of age, are eligible to vote in any election covered by this Code.
TITLE III: Procedures for Elections
1. The Secretary of State shall call for nominations for Senator or for the Praisidíeu whenever an election for this position becomes due under the Constitution, or Organic Law in the case of the position of Senator.
2.
2.1. A nomination as described above shall include:
the candidate's full name;
their party affiliation (if any); and
a statement, no longer than fifty words, of the candidate's aims and objectives (optional).
2.2. The above-mentioned nominations shall be communicated to the Secretary of State, no more than seven days after the opening of nominations. The Secretary of State may, if in the circumstances it seems expedient to the creation of fairer elections, extend the deadline for nomination.
2.3. Upon the receipt of the nomination, if the nomination is in order, the Secretary of State shall confirm to the candidate that their nomination has been accepted.
3. If the Secretary of State has decided not to allow write-in candidates for the election, then:
3.1. Upon the day following the close of nominations for the election of the Senator, if no nominations have been received, then the election shall be void and the Secretary shall then immediately restart the election process; if again no nominations have been received, then Fiôvâ's Senäts' seat should be declared vacant.
3.2. Upon the day following the close of nominations for the election of the Praisidíeu, if no nominations have been received, then the election shall be void and the Secretary shall then restart the election process at a time of his/her choosing. If the number of nominations received is less than or equal to the number of seats in the Praisidíeu, the Secretary shall declare all nominated candidates elected, and the remaining seat or seats to be vacant.
4. If none of the circumstances in section 3 above pertain, then the Secretary of State shall publish the names of all candidates standing, as well as their fifty word statements. Seven days following that (or a shorter period if approved as part of the election rules under Title I of this Act), s/he shall make the ballot paper available to all electors as outlined below.
4.1. A political party may endorse a candidate, whether or not the candidate his or herself states his party affiliation, by publicly acknowledging it upon their publication by the Secretary.
4.2. If the Secretary of State wishes to declare themselves a candidate for the election, then they shall either -
4.2.1 appoint one or more Deputies as provided in Title I.2, and shall delegate all their functions under this Act for the remainder of that election to such Deputies; or:
4.2.2 make a report to the Praisideu and the General Assembly explaining why it is in the best interests of Fiova for them to be a candidate, and explain the steps that they will take to maintain confidence in the fairness of the election.
4.2.2.1 The Praisideu or the General Assembly shall be entitled to reject this report and thereby disqualify the Secretary of State from being a candidate, and/or receiving any "write-in" votes, at any time before balloting day.
5. The ballot paper for an election shall be prepared so that:
5.1. the names of the candidates shall appear on the ballot paper in a random order;
5.2. the voters may indicate their preferences for between one and all of the candidates, in order of preference, with "1" being the first preference, "2" being the second preference and so on, for as many preferences as they desire;
5.3. at the discretion of the Secretary of State, the ballot paper shall also include ONE of the following options, to either:
5.3.1 "write in" the name of any citizen of Fiova, and express a preference for them as if they were a candidate; or
5.3.2 vote "PRESENT" instead of expressing a preference for any candidate.
6.
6.1. PRESENT votes shall not be counted towards any candidate, and shall not be used in determining the quota.
6.2. If more than half of the ballots are PRESENT, then the election shall be void.
6.3. A ballot paper on which no "1" preference appears shall also be counted as a PRESENT vote.
7. At the close of the voting period, the Secretary of State shall either count the votes as stipulated in Title V of this act. Unless the election is void, the Secretary shall then declare the names of the successful candidates, who shall take office immediately upon such declaration.
7.1. If the election of the Senator is void, then Fiôvâ's Senäts seat shall be declared vacant.
7.1. If the election of the Praisideu is void, the Secretary shall then restart the election process at a time of his/her choosing.
TITLE IV: Referendums
1. When a matter is submitted to the citizens of the Province by secret ballot as provided by law, the Secretary of State shall announce a referendum specifying the matter to be submitted to the electors. Seven days after this, s/he shall make the ballot paper available to all electors.
2. Subject to s.2 of Section 2 of this Act, the ballot paper shall present the question to be decided, followed by three options of equal prominence, labelled "për", "contrâ" and "austenéu".
3. The Secretary of State shall officially announce the result of the referendum as soon as possible after the close of the voting period. If more 'për' votes have been received than 'contrâ' votes, then the referendum shall be deemed to have passed; otherwise, it shall be deemed to have failed.