An amendment for at-large election of Senators

[Miestră Schivă, UrN-GC]

So I've been passing around a model amendment on this subject privately. I've got cautious welcome among some, criticism among others, and insistence that we need to throw a whole bunch of other Senäts amendments in there as well, which seem to me just as prone to leading to complete failure as with the Fixed Term amendment.

So what I am suggesting basically is for three Senators to be elected by the whole nation at every Cosa election, with each voter getting 1 vote. This would allow either a simple first-past-the-post vote (top three wins) or an STV election. I would much prefer the latter, with the caveat that counting ranked-choice voting for multiple vacancies is a pain in the neck which generally requires automation.

The eagle eyed will have spotted that this means 6 Senators rather than 8. Although I personally just prefer a smaller Upper House, I don't expect that to convince anyone. My main argument for this is basically that, since 3 Senators are elected each time anyway, this would be by far the easiest transition procedure.

A few other little things:
- I think we should restore the former provision that a CpI justice can't sit in the Senäts, for separation of powers reasons (having them in the Cosa is less of a big deal).
- mid-term vacancies can be filled either by a provincial government nomination, or by nominating the runner up in the election. In the case of an STV election that's doable via countback, which is eminently fair but kind of annoying to do.
- do we really want to keep the OrgLaw IV.9 provision for impeachment?

Anyway, here would be my model amendments, which, as I say, are my idea of minimal changes.

OrgLaw III:

Article III: The Senäts
Section 1
The Senäts, or in English the Senate, is the national legislative council and the upper house of the Ziu, and shall be composed of six Senators elected by the nation as a whole. It may administer itself as it sees fit.
 
Section 2
Except as otherwise provided in this Organic Law, any Talossan eligible to vote may be elected or appointed to the Senäts. No Senator, even though elected or appointed to the Senäts, may vote on Senäts business until he has been a citizen for one year, or served for six months as Seneschál or Secretary of State, or received an order of knighthood from the King. No person may simultaneously hold more than one seat in the Senäts.

Section 3
Neither a reigning King, nor his Consort, nor a Regent during his regency, nor a Judge of the Cort pü Inalt shall under any circumstances be eligible to be elected or appointed to a place in the Senäts.

Section 4
The Senäts shall have equal powers with the Cosa in respect of all proposed laws, except that bills appropriating revenue or moneys shall not originate in the Senäts, and the Government shall require the confidence of the Cosa only to remain in office. In the event of the Senäts twice rejecting a bill appropriating revenue or moneys which is passed by the Cosa, upon it being passed a third time by the Cosa, it shall not require the consent of the Senäts to be given Royal Assent and take effect. Bills for the imposition or appropriation of fines or other monetary penalties, or for the demand or payment or appropriation of fees for licenses or services, shall not be taken to appropriate revenue or moneys.

Section 5
A Senator vacates their seat if, not being disqualified from voting by law, they do not vote on two consecutive Clarks; or if they resign from office, lose their citizenship or die.

Section 6
No senator shall ever be required to vacate his place during his term of service, due to a change in the qualifications of Senators.

Section 7
If a Senator vacates his or her seat before the end of the term, the executive of their home province shall appoint a Senator to sit for the remainder of their scheduled term. If the provincial executive fails to appoint a Senator within a fortnight of the vacancy, the King or his Cunstavál shall appoint the Senator.

Section 8
Senators may be removed from office by the Uppermost Cort, for criminal activity or for mis-, mal-, or non-feasance.

Section 9
The Senate may impeach any of its members from the Chamber with a two-thirds majority vote. Following a failed expulsion, the accused Senator may not again be tried for the same offence, pursuant to the Seventh Covenant of the Covenant of Rights and Freedoms. The former Senator is not barred from running for office in future elections as long as the former Senator maintains citizenship.

Section 10
The Senäts shall, after every general election, choose one of its members to be the President of the Senäts to be called the Mençéi, or in English the Lord President; and as often as the office of Mençéi becomes vacant the Senäts shall again choose a senator to be the Mençéi. The Mençéi shall cease to hold office if he ceases to be a senator. The Mençéi may be removed from office by a vote of the Senäts, or he may resign his office or seat by writing addressed to the King, or by public declaration.

Section 11
The Secretary of State may request from all successful candidates in a Senäts election a registration fee, to be set by law, to cover the cost of the election. This fee shall be uniform for all successful candidates.

OrgLaw V.6-7:

Section 6
Elections for the filling of places in the Senäts shall be conducted simultaneously with general elections to the Cosa. Each time the Cosa shall be dissolved, there shall be an election for three Senate seats.

Section 7: Transitional Provisions
If the amendment establishing this section is ratified by a referendum concurrent with a Cosa election, then the Senators elected concurrently with that election shall serve a term lasting two Cosa terms; otherwise, the Senators elected concurrently with the previous Cosa election shall serve a term lasting two Cosa terms. The terms of all other Senators shall end at the time scheduled before this section was amended.

Section 8
The Chancery shall conduct all elections to the Senäts, according to the provisions given in Sections 2-5, above. Each voter in a Senäts election shall cast a vote for one Senator, which may be a ranked-choice vote if so established by law. In the absence of ranked choice voting, the three candidates with the most votes shall be declared the winners, with any tie to be broken by random lot by the Secretary of State. An election by ranked-choice vote shall be held under principles of proportional representation as established by law.

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NOTE: in accordance with the Confidence and Supply agreement made between the Government and @Munditenens Tresplet , no Amendment of this nature will be Clarked without co-sponsorship from either s:reu Tresplet or a Progressive Alliance legislator.

[Mic’haglh Autófil, O.Be]

Posting my feedback on the proposed changes as well.

One of the key changes is a mild reduction in the powers of the Senäts; namely allowing the Cosa to override the rejection of a bill by the Senäts by a 3/5 supermajority on regular legislation only (i.e. not OrgLaw amendments).

* This balances an increase in the power of individual Senators (because of the decrease in their number) with a reduction in their power as a body.
* It brings the Senäts more in line with the "postponement" model of upper house legislative consideration seen in most other parliamentary systems.
* It does not affect the power of a royal veto, which the King is still completely entitled to use on bills for which the Cosa has overridden Senäts rejection.
* As I mentioned earlier, the consent of the Senäts is still mandatory under this model for amendments to the Organic Law.

[Breneir Tzaracomprada]

* It brings the Senäts more in line with the "postponement" model of upper house legislative consideration seen in most other parliamentary systems.

I very much like this.