New Cosăs are a mess and need to be reformed

[Miestră Schivă, UrN-GC]

I will now be opening the Call for Bills as time is running low - I had been holding off on doing so because we don't have a new Túischac'h, Mençei and A-X to form a new CRL, but time is running low

This keeps happening. There is simply never enough time after the official announcement of results (15th of the month) and the First Clark (1st of the next month) to elect Chairs of the Houses and to organise the State Opening of the Cosă.

Ways around this might include:
1) authorizing the Túischac'h to be elected before the 15th;
2) accelerate the Electoral Commission's certification of elections;
3) bringing in a provision that the First Clark can't happen until a Túischac'h is elected, which might delay the First Clark by a month

[Sir Lüc]

I would strongly caution against 3, but would welcome 2 and would suggest 1 be tweaked so that the outgoing Túischac'h be allowed to perform every statutory function after Dissolution until a new incumbent is in place (so CRL, Chancery oversight and so on).

[Baron Alexandreu Davinescu]

I'm not sure your tweaked #1 will work, since the Tuischac'h automatically leaves office at the end of the Cosa because the Cosa has been dissolved and there are no more MCs.  The Tuischac'h is the head of the Cosa, after all.  We'd need to write special provisions allowing that the Cosa continues even after its dissolution, but only in the person of the Tuischac'h, but also that they can't exercise any of the powers of the Cosa in their own person except for the ones specifically for their office.

I do agree that #3 is not a good idea... too easily manipulated.  That would essentially just be according any new Government the opportunity to extend their authority an additional month, since a majority can delay the election at will.

I think the solution might be simpler: rely on seniority when there is no elected Tuischac'h.  Whichever MC has been in office the longest should be accorded the privileges of Tuischac'h until one is elected.  In this case, I'm almost certain that would be Miestra, and (if she's conflicted out) MPF second.

[Breneir Tzaracomprada]

The Tuischac'h is the head of the Cosa, after all.  We'd need to write special provisions allowing that the Cosa continues even after its dissolution, but only in the person of the Tuischac'h, but also that they can't exercise any of the powers of the Cosa in their own person except for the ones specifically for their office.

+1 on this.
I also think some reform of the Electoral Commission is needed independent of the Tuischac'h issue.
We also need to move beyond the CRL framework. I still support first reading, second reading, etc.

[Sir Lüc]

I'm not sure your tweaked #1 will work, since the Tuischac'h automatically leaves office at the end of the Cosa because the Cosa has been dissolved and there are no more MCs.  The Tuischac'h is the head of the Cosa, after all.  We'd need to write special provisions allowing that the Cosa continues even after its dissolution, but only in the person of the Tuischac'h, but also that they can't exercise any of the powers of the Cosa in their own person except for the ones specifically for their office.

I am aware, and I was consciously suggesting we enact exactly those provisions. The rationale being that we have given the Túischac'h some additional powers, beyond their core mission of moderating debate, that we also accept will go in abeyance for two months. How would you apply Lexh.C.2.1 and Lexh.C.3.1 during those two months?

(For the record - I would personally go even beyond that, and stipulate that outgoing MCs may also exercise some powers after dissolution, such as the power to petition for a prospective citizen's application to require a Ziu vote.)

But of course, it would be much simpler (but not equivalent, because this still means almost two months without a Túischac'h to wield those additional powers) to add a seniority provision similar to what is already used in the Senäts.

[Mic’haglh Autófil, O.Be]

(For the record - I would personally go even beyond that, and stipulate that outgoing MCs may also exercise some powers after dissolution, such as the power to petition for a prospective citizen's application to require a Ziu vote.)

To perhaps extend this line of thought further, I note that in some countries, one legislature's term has not yet ended (giving them at least the option to convene) even as the next session is being elected.

[Miestră Schivă, UrN-GC]

In Aotearoa New Zealand, the clerk of the House organizes the election of the Speaker of every new Parliament.

The Talossan equivalent would be to empower the Secretary of State to act in place of the Túischac'h until one is elected.

I think this has the virtue of elegance.

Also: change El Lexhatx B.13.6 to read 10 days instead of 14 days?

[Miestră Schivă, UrN-GC]

In Aotearoa New Zealand, the clerk of the House organizes the election of the Speaker of every new Parliament.

The Talossan equivalent would be to empower the Secretary of State to act in place of the Túischac'h until one is elected.

I think this has the virtue of elegance.

Also: change El Lexhatx B.13.6 to read 10 days instead of 14 days?

If no-one has strong objections to this I'm going to go with it

[Sir Lüc]

I have thoughts on B.13.6 that basically boil down to: even 10 days is needlessly long 99% of the time, and while I recognise that the certification tools might be improved to speed up work, I suspect there's been a fair few instances of commissioners basically waiting until the deadline to get to work. And since we must wait for everyone to be done to wrap up, one slow commissioner will balance out the other commissioners who do recognise the sooner the election is certified, the faster we can get back to business.

So my counterproposal is: 7 days by default, 7 more days if two EC members feel like there's something substantial that needs more time investigating, and leaving untouched the already existing proposals governing extensions granted by the UC.

[Miestră Schivă, UrN-GC]

Right. So the amendments here are:

13.6. The Commission shall review and certify the unofficial results within 14 seven days following the Election Deadline, pursuant to the following subsections. [41]

    13.6.1. The Commission, sua sponte or upon notification by a third party, shall review any ballots or results in which a potential irregularity has been spotted. The Ministry of Justice shall, in consultation with the Secretary of State, make available to the public forms which such notification can be made to the Commission. [41]
    13.6.2. Notwithstanding the above, the Secretary of State shall be empowered to correct any irregularity in the tabulation of results found prior to the Commission taking jurisdiction over the matter. [41]

13.6.X. If the Commission, upon a majority vote, believes that there is a substantial issue that requires more time to investigate, the Certification Deadline shall be extended to 14 days following the election deadline.

    13.6.3. If the Commission, upon a majority vote, confirms the existence of an irregularity which affects the outcome of an election item, it shall correct the problem prior to certification as provided in the following subsections. [41]

        13.6.3.1. If the Commission finds that a vote (or votes) has (or have) not been properly counted, it shall direct the Secretary of State to correct the results as necessary. [41]
        13.6.3.2. If the Commission finds that a vote was cast by an ineligible voter, it shall direct the Secretary of State to invalidate such a vote and correct the results as necessary, and notify the Ministry of Justice of any potential civil or criminal violation. [41]
        13.6.3.3. If the Commission should find multiple irregularities which significantly alter the results of an election, it may recommend to the King that the incoming Cosa be dissolved and a new election be called. In such a case, the Commission shall continue to serve as constituted. [41]

    13.6.4. If the Commission should find any other irregularity not otherwise specified, it may take any action appropriate within its power proportionate to the circumstances. [41]
    13.6.5. Should the Commission fail to certify the unofficial results prior to the Certification Deadline, the results are considered to be official, unless the Commission should lodge a petition with the Uppermost Cort[32] seeking additional time to review a potential irregularity. Such petitions shall be submitted to the Uppermost Cort[32] on forms prescribed by the Ministry of Justice following a 2/3rds vote of the Commission. [41]
    13.6.6. The Uppermost Cort[32] shall immediately review any petition laid before it by the Commission, shall grant such petition upon finding there is sufficient evidence to warrant the request, and shall limit the delay in certification only to such races or ballot items which the outcome would be affected if the potential irregularity were found to be true. If the petition is not granted within 21 days following the Election Deadline, the results shall be considered certified and the petition denied as moot.

And El Lexh H.4.4:

4.4. The Cosă shall elect the Túischac'h as follows.

    4.4.1. Should the position of Túischac'h be vacant and a majority of Cosă seats be filled, any Member of the Cosă may either nominate one eligible person for the office of Túischac'h, or second such a nomination made by another Member of the Cosă.

4.4.1.1. Whenever the position of Túischac'h is vacant, the Secretary of State shall perform the duties of the Túischac'h under Organic and statute law.

    4.4.2. Members of the Cosă may not nominate or second multiple different nominees.
    4.4.3. Should the Secretary of State determine that an eligible person has been nominated and seconded by members currently representing an absolute majority of seats in the Cosă, the Secretary of State shall declare the person to be duly elected as Túischac'h, to serve until the Dissolution of the current Cosă.
    4.4.4. Upon receipt of a petition declaring the Office of Túischac'h vacant from members of the Cosă representing an absolute majority the Secretary of State shall declare a vacancy in the Office of Túischac'h.[183]
    4.4.5. The Túischac'h shall have full powers to suspend an MC from Cosa debates for Contempt of the Cosa. For a first offense, this shall have a maximum term of 1 day, for a second and subsequent offenses, this shall have a maximum of seven (7) days.

And while we're at it, a new El Lexhatx H.4.6:

4.6. The Cosa shall autonomously determine the rules of its proceedings.

(want to add more details to this @Marcel Eðo Pairescu Tafial, UrGP ?)

[Marcel Eðo Pairescu Tafial, UrGP]

This seems good, nothing to add.