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Started by Glüc da Dhi S.H., July 11, 2020, 04:04:50 PM
QuoteSection 4. Provincial Elections.Unless the Nimlet have passed a resolution to the contrary which be limited to one election or referendum at a time, the Chancery of Talossa shall conduct each provincial election or referendum of Florencia as a matter of right, and this clause is for all intents and purposes a perpetual request to the Chancery for the same; provided that the Constable shall be responsible for this duty if the request be refused in good faith or the Chancery be practicably and actually unable to fulfill it.The House of Shepherds shall be elected all at once for a term concurrent with that of the Cosa of Talossa, and the election for them shall be coincident with the General Election of the same, to be held on the same day in the same manner at the same times and places.A qualified elector for the House of Shepherds shall exercise such vote by written ballot and indicate thereon an exclusive preference for one political party or, if without a preference, shall participate by abstention and indicate thereon the word "Present".Section 5. Composition of the House of Shepherds.Whichever authority shall have conducted a provincial election for the whole House of Shepherds, either the Chancery of Talossa or the Constable of Florencia, shall publicly and at the same time, but not later than the tenth day following the certification of the same election: (a) Determine and fix the total number of seats for the new term of the Shepherds, which number shall be equal to the number of ballots returned in the election, less those returned and indicating "Present", plus one additional seat for each incumbent Senator for Florencia, plus one additional seat for the Governor; (b) Apportion among those political parties, which have received votes in the election, their respective proportional share of the number of remaining seats with respect to their electoral performance, after the assignments to the Senators and Governor; and (c) Fix the date for the commencement of the session of the new Nimlet, to be not later than the thirtieth day following the aforesaid certification.
Quote from: Açafat del Val on July 20, 2020, 10:22:30 AMAlthough this is a subform specifically for Florencia, I invite anyone of the greater Talossan public to comment or answer.If this is truly the case, then I wrote in a terrible provision of the new provincial constitution. I had interpreted IX.3 far differently; it seems pretty plain to me that "...may...delegate the conduction of their elections to the Chancery" includes the very basic tasks of announcing the results and fixing the proportion of seats.Florencia needs a firm answer here. If the SoS is refusing to fix the number of seats, apportion them, and delcare an arbitrary day for the commencement of the new Nimlet session, then Florencia will enter a weird grey zone because the Constitution outright specifies that the Chancery must do it. Without the Chancery, there is legally no Nimlet... and without a Nimlet, there is legally no way to amend the Constitution and prevent this.Will the SoS do this, or not?But futhermore, what is the extent to which a province may, under OrgLaw IX.3, "delegate" its elections to the Chancery?
Talossan since: 27 September 2007
Talossan since: 2004-06-12
Quote from: Miestră Schivă, UrN on August 01, 2020, 09:41:03 PMAs the SoS is resigning, maybe his successor will sort this out.
Quote from: Glüc da Dhi S.H. on August 02, 2020, 11:45:42 AMWell thanks...The Chancery does not report to the nimlet, yet without consultation you wrote a provincial law telling the Chancery what to do. Nothing is stopping you from going to the CpI if you think I'm breaking the OrgLaw. I've tried to explain my perspective on this. Fine if you disagree with my interpretation, but please don't call me obnoxious.(Edit: I'm fine with stubborn though)
Quote from: Açafat del Val on August 02, 2020, 10:47:17 AMTo be extremely clear: There is no clarity on the matter. The Chancery has to complete this for us, by provincial law, or we have to break the law. It's cut and dried.I personally would like to wait, in hopes that a successor SoS will do what his predecessor stubbornly and obnoxiously refused to do.
QuoteProvinces may conduct their elections themselves or delegate the conduction of their elections to the Chancery.
Quote from: Açafat del Val on August 02, 2020, 12:25:45 PMIt is not difficult at all to accept blame when an error has occurred.However, I stand by my assessment: the incumbent Secretary of State is being obnoxious. Perhaps he is not an obnoxious character or an obnoxious personality, but his decision in this matter is obnoxious and unduly burdensome. It is not unreasonable on behalf of this province to interpret IX.3, which says in part...QuoteProvinces may conduct their elections themselves or delegate the conduction of their elections to the Chancery....as having the power to compel the Chancery to perform a simple ministerial task of the election.I would like to point out that the incumbent Governor was invited to, and in fact did, collaborate on the same Constitution which is now posing an issue. The incumbent Constable (and King, for that matter) was invited likewise, but neglected to offer much constructive or substantial feedback. Certainly, if they had foreseen this same issue, then they would have spoken up.I also point out, perhaps to our collective chagrin, that both the Governor and the Constable have had to be reminded during the previous Nimlet term to perform their provincial duties and, at least in one case, failed completely to do so despite those reminders. Worse: in another case, one of them took offense at having been reminded and informed - not threatened - of a potential lawsuit to compel constitutionally required performance.One may call it ironic that a person would have been offended by a lawsuit seeking to remedy their own nonfeasance, but would then compliment and condone a malfeasant Secretary of State whose only defense is, "If you don't like it, sue me".It is extremely pitiful that a lawsuit, whether potential or actual, is the only thing that gets attention in Florencia and produces results.Mea culpas aren't difficult. I do hope that the named officeholders choose also to accept blame and work to fix their own errors.