The Nonpartisan SoS Act

[Breneir Tzaracomprada]

Whereas, it is a vital national interest to have an election administration authority free of actual or reasonably perceived partisan partiality, and

Whereas, the below-proposed restrictions (as a part of ensuring this interest are modelled after those written by Dama Miestra Schiva in 53RZ2 The Civil Service (Commissioner Abolition) Bill, and

Whereas, this bill would still allow parties to appoint whoever they choose as national party officers but those officers themselves would not be permitted to serve as Secretary of State simultaneously.

Therefore, be it enacted by the Ziu, that El Lexhatx C.5 which currently reads:

5. The Secretary of State shall hold no seat in the Ziu.

Is amended to read as follows:

5. The Secretary of State shall not hold the offices of Seneschal, Distain, Judge of the Uppermost Cort, Monarch, any cabinet portfolio, any leadership office in a political party at the national level, or member of the Ziu.

Ureu q'estadra så,
Mximo Carbonel (Sen-FL)

[Sir Txec dal Nordselvă, UrB]

Just for your reference S:reu Tzaracomprada:

El Lex.H 6.1. All citizens of Talossa are entitled to participate fully in discussions and debates in the Hopper, within the bounds of law and of the decisions of the administering and presiding authorities of the Hopper. Any citizen may submit a draft of legislation to the Hopper, though these shall not be considered to be "legislative proposals" until sponsored by one or more individuals authorised to submit legislative proposals under Organic Law VII.5.

OrgLaw VII.5: Section 5
Any Member of the Cosa, or a Senator, or the King, or the Secretary of State, shall have the right to submit legislative proposals, and bills to the Secretary of State for consideration by the Ziu according to the procedures specified in this article, and specified by law. Within the bounds and rules imposed by law, tradition, and reason, the Secretary of State shall ensure that all legislators be allowed to submit their bills for consideration.

You will need a sponsor for your draft legislation.

[Breneir Tzaracomprada]

Just for your reference S:reu Tzaracomprada:

El Lex.H 6.1. All citizens of Talossa are entitled to participate fully in discussions and debates in the Hopper, within the bounds of law and of the decisions of the administering and presiding authorities of the Hopper. Any citizen may submit a draft of legislation to the Hopper, though these shall not be considered to be "legislative proposals" until sponsored by one or more individuals authorised to submit legislative proposals under Organic Law VII.5.

OrgLaw VII.5: Section 5
Any Member of the Cosa, or a Senator, or the King, or the Secretary of State, shall have the right to submit legislative proposals, and bills to the Secretary of State for consideration by the Ziu according to the procedures specified in this article, and specified by law. Within the bounds and rules imposed by law, tradition, and reason, the Secretary of State shall ensure that all legislators be allowed to submit their bills for consideration.

You will need a sponsor for your draft legislation.

Thanks Txec. Yeah, I am not sure who will, but I wanted to throw it out there since Miestra mentioned it.

[Breneir Tzaracomprada]

Just a note to say the revision brings the restrictions into line with those for permanent secretaries. With the addition of a bar from national party leadership.

Miestra I think you authored those previous restrictions.

[Ian Plätschisch]

Just a note to say the revision brings the restrictions into line with those for permanent secretaries.

Permanent secretaries can be members of the Ziu.

[Sir Txec dal Nordselvă, UrB]

I would argue this proposed law violates the third covenant.

Talossans have the right to freely organize political parties and other organizations, subject to their own laws of membership, and this right may not be abridged except with regards to organizations which advocate the use of violence or intimidation to attain political or other ends, or which seek to restrain any person or group of people from the exercise of their rights as granted under these Covenants.

[Breneir Tzaracomprada]

I would argue this proposed law violates the third covenant.

Talossans have the right to freely organize political parties and other organizations, subject to their own laws of membership, and this right may not be abridged except with regards to organizations which advocate the use of violence or intimidation to attain political or other ends, or which seek to restrain any person or group of people from the exercise of their rights as granted under these Covenants.

Sounds like something for the corts to decide. Should this be passed feel free to bring a lawsuit and let the judiciary settle it.

Heck, there could even be a request for am advisory opinion now, I think. Txec, you actually did this last term.

[Breneir Tzaracomprada]

Just a note to say the revision brings the restrictions into line with those for permanent secretaries.

Permanent secretaries can be members of the Ziu.

Just a helpful hint here...considering one element of the TNC-FreeDems negotiations... I'm referring to the cabinet portfolio 😀

[Breneir Tzaracomprada]

@mximo would you be willing to sponsor this bill? You voted for a bill encouraging an apolitical Chancery in the Florencian House of Shepherds just days ago.

[Ian Plätschisch]

Just a note to say the revision brings the restrictions into line with those for permanent secretaries.

Permanent secretaries can be members of the Ziu.

Just a helpful hint here...considering one element of the TNC-FreeDems negotiations... I'm referring to the cabinet portfolio 😀

I'm not sure what you mean.

[Ian Plätschisch]

Sounds like something for the corts to decide. Should this be passed feel free to bring a lawsuit and let the judiciary settle it.

This is really not how lawmaking is supposed to work. The citizenship oath to uphold the Organic Law applies to everyone.

[Breneir Tzaracomprada]

Sounds like something for the corts to decide. Should this be passed feel free to bring a lawsuit and let the judiciary settle it.

This is really not how lawmaking is supposed to work. The citizenship oath to uphold the Organic Law applies to everyone.

It is exactly how lawmaking works. If there is a question on a bill's compliance with the law then the judiciary can settle that question. We don't immediately assume it is not compliant at the presentation of a question...though that may serve certain people's goals well in this case.

[Sir Txec dal Nordselvă, UrB]

Actually, as SoS I am empowered to not Clark any bill I find to be inorganic, which is why I brought up the Third Covenant. It was a suggestion to reword your proposal. 

[Breneir Tzaracomprada]

Actually, as SoS I am empowered to not Clark any bill I find to be inorganic, which is why I brought up the Third Covenant. It was a suggestion to reword your proposal. 

Thank you Txec. I assumed you would ask for an advisory opinion and didn't know it was also up to your discretion as well. As mentioned in Discord, I respectfully withdraw this proposal, not assuming or trying to force your hand, but to demonstrate that other avenues would be acceptable too.

[Glüc da Dhi S.H.]

I would argue this proposed law violates the third covenant.

Talossans have the right to freely organize political parties and other organizations, subject to their own laws of membership, and this right may not be abridged except with regards to organizations which advocate the use of violence or intimidation to attain political or other ends, or which seek to restrain any person or group of people from the exercise of their rights as granted under these Covenants.

I would strongly disagree. We're not talking about the right to be a party officer. Anyone has that right. We are talking about requirements for secretary of state. This is a government function. It's is perfectly valid for the ziu to set restrictions on who can hold such a position. If this proposal were to pass anyone would still be free to become a party officer. They just could not also be sos. Super broad interpretations of convenants are dangerous, because it reduces the ability of the ziu and the people to hold the government accountable. The convenants should protect citizens from the state, not the other way round.