| Senate Quorum Act of 2015 | |
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| Tweet Topic Started: Jun 2 2015, 01:37 AM (196 Views) | |
| Airatania | Jun 2 2015, 01:37 AM Post #1 |
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Preamble: The intention of this Act is to establish rules regarding proper quorum in the Senate, and to address the need of maintaining said quorum when necessary. Article 1 – Purpose 1.1) This Act establishes protocols regarding proper quorum in the Senate in order to protect the Senate’s ability to function. 1.2) This Act establishes protocols regarding the removal or resignation of a Senator before the expiration of their term in office. 1.3) This Act gives the EC and/or Assembly the authority to appoint an Interim Senator to fulfill the remainder of a vacated term, provided said appointment abides by the rules and regulations herein. Article 2 – Proper Quorum 2.1) The Senate must operate under a full quorum whenever possible, determined by the number of Senators elected during any given term. 2.2) A quorum may be declared valid with a 2/3 majority vote of the Senate, or by declaration from the Electoral Commissioner (EC) as dictated by the Constitution. (The First Constitution Amended Edition REF#3.6) 2.3) Additionally, under extreme circumstances, the Assembly may declare a quorum valid with a Standing Order. 2.4) In the event a quorum is not present, any legislation up for vote in the Senate will be returned to the Assembly, as is dictated by the Constitution. (The First Constitution Amended Edition REF#3.8) 2.5) In the event a quorum is not present, the EC may declare that a quorum is permanently deficient. 2.6) If a quorum is declared permanently deficient by the EC, protocols regarding replacement of Senators shall commence, as stated under Article 3 of this Act. Article 3 – Replacement of Senators 3.1) Any Senator that leaves office prior to the completion of their current term, or is removed from office, may be replaced in accordance to the rules specified herein. 3.2) Any Senator may resign his/her office by submitting a letter of resignation to the Senate. 3.3) The resignation of a Senator must be formally ratified by a simple majority of the Senate in order to become legally binding. 3.4) A Senator may be removed from office by a recall vote in the Assembly. 3.5) A recall vote of any Senator must obtain at least 2/3 majority in the Assembly in order to take effect. 3.6) Upon the premature departure of a Senator from office, the Senate must immediately decide if a Proper Quorum is present. (REF#2.2) 3.7) If it is deemed that a quorum is not present, one of two options shall then be pursued:
3.8) The EC shall be responsible for determining the course of action to be taken should the Senate deem a quorum is not present. (REF#3.7) |
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| Airatania | Jun 2 2015, 01:39 AM Post #2 |
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As a Senator myself, I cannot vote on this legislation, I may only propose it, and debate it here in the Assembly. I felt it was necessary to pursue legislation that addresses the issues recently experienced by the Senate. |
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| Ajerrin | Jun 2 2015, 01:50 AM Post #3 |
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Nice! I think we should choose one here, and why not the president? If it is deemed that a quorum is not present, one of two options shall then be pursued: 1) The Vice President of the Region may be appointed as Interim Senator to fulfill the remainder of the vacated term. 2) A special election may be held to determine a replacement Senator to fulfill the remainder of the vacated term. |
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| Airatania | Jun 2 2015, 01:52 AM Post #4 |
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The reason I put Vice President is simply to not put too much on the President of the region, and to preserve the checks and balances between the Executive and Legislative offices. But I'm not opposed to changing that if it is the will of the Assembly. |
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| New Wolfeinstein | Jun 2 2015, 02:04 AM Post #5 |
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I think Vice President would be a little more reasonable, Sara is a lot more busy IRL than I am plus he has the added stress of management within the region. I'm not saying this just because I want the position (any minister would work too) I just don't think we need to burden Sara anymore |
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| Arcadia | Jun 2 2015, 02:35 PM Post #6 |
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Administrator
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The provision for the Vice President may stretch the boundaries of our separation of powers. Other than this I see no issues with the Act as stated. |
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| Herargon | Jun 2 2015, 02:54 PM Post #7 |
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It is well-structured, however, are there possible gaps? Let's say for example... a senator is not present. The Vice-president fullfills his term in that period. However, another Senator is not available. Another person thus would be elected, but what if nobody votes in that election? I presume the place then will remain vacant. But what if people still do vote in the election, and if it is a tie? Then I would propose that in the rare case that a tie is found in such an election, that only these candidates with the most votes should have a second election. In rounds of 2 days, until there has been chosen one person to become senator. It is not needed to have 51%, but to have the most votes, because this will solve the problem that rises when three senators all have the most votes. |
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| Arcadia | Jun 2 2015, 04:05 PM Post #8 |
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I believe your concern over gaps is addressed in 2.2 which allows the Senate or EC to declare a quorum. So let's use your example of two Senators going missing, the VP would fill one slot and the EC would declare a quorum of two. If all Senators go missing then 2.4 and 2.6 come into play. |
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| New Zaphirite Empire | Jun 2 2015, 05:11 PM Post #9 |
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I don't see any holes as of yet... I think it's solid personally, however I do need to ask; we have two senators as of now, are we holding special elections for the third, or letting the VP fill the role until next election? |
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| Airatania | Jun 2 2015, 06:01 PM Post #10 |
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I think we're moving forward with a quorum of two for now, seeing as we're getting close to the end of the term. No point in electing a new Senator for a week or two. |
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| 46566 | Jun 3 2015, 06:51 PM Post #11 |
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I wouldn't mind the VP being a senator at least temporarily. A election should happen a week after a senator resigns anyway. 1 week for candidates and 3 days for a vote. Edit: should we make it illegal to leave a position under malicious intent? In other words to leave a position in the hopes of causing ham to the region or it's government? Edited by 46566, Jun 3 2015, 08:11 PM.
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| Airatania | Jun 3 2015, 09:08 PM Post #12 |
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We could certainly explore that option, but I would imagine leaving office under such circumstances would likely involve other illegal activities. I hesitate to include that in this legislation, however. I think it would be better suited as an amendment to the Criminal Code Act, but that's just my opinion. Edited by Airatania, Jun 3 2015, 09:09 PM.
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| New Zaphirite Empire | Jun 4 2015, 04:46 PM Post #13 |
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I don't think so. If they want to leave, that's their choice for whatever reason. It may cause short term damage, but I see it as a blessing rather than harm in the long run, since they were gonna be a ticking time bombings in that case. |
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| Ajerrin | Jun 7 2015, 04:02 AM Post #14 |
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I'm good with this except for one piece - the administration must hold a vote within the next 15 days for a new Senator. If no one wins, then the VP can take the position for the remainder of the term. I think its fair to force a vote within time but if no one steps in the VP can take it. |
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| Arcadia | Jun 7 2015, 11:37 AM Post #15 |
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Administrator
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I understand your desire for a vote but my only concern with that notion Ajerrin is that there may not be time to facilitate such an election properly. |
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| Herargon | Jun 7 2015, 12:41 PM Post #16 |
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Hmm. The gaps seem fulfilled indeed. Thanks. I've decided to approve it. |
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| Airatania | Jun 7 2015, 06:18 PM Post #17 |
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I think he just means that an election take place within a certain amount of time, but that the VP can fill in until the election has been held. |
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| 46566 | Jun 9 2015, 05:48 PM Post #18 |
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Usally in other regions should someone resign then the EC looks for candidates(7 days) and then a vote happens for how ever long a election is normally held in the region, |
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| Ajerrin | Jun 9 2015, 06:26 PM Post #19 |
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I'm not so much concerned with the amount of time (I think 15 is reasonable, honestly) but so much as the fact that a Senator is a democratically elected position and should always be as such. The VP is not and is a mere placeholder until an election is made. |
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| Arcadia | Jun 9 2015, 09:42 PM Post #20 |
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Administrator
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The vote is now open, I ask the Assembly to declare their votes; Aye, Nay or Abstain. |
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| New Wolfeinstein | Jun 10 2015, 04:37 AM Post #21 |
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Aye |
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| Onza | Jun 10 2015, 04:33 PM Post #22 |
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Aye |
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| Charlie T. O. Jones | Jun 10 2015, 04:45 PM Post #23 |
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Abstention |
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| Herargon | Jun 10 2015, 05:13 PM Post #24 |
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Aye |
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| Ajerrin | Jun 10 2015, 05:43 PM Post #25 |
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aye |
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| Arcadia | Jun 11 2015, 02:31 PM Post #26 |
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Administrator
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Voting is now closed; the Act passes by a margin of 4-0-1 and shall be passed to the Senate. |
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