Nominations: Term V

[zeace]

Wow, I didn't think I'd cause such trouble with a simple change of branchs... Is it enough to promise my resignation at the end of the term?

(I suppose as a new Justice this I'd be asking this question to myself. So complicated...)

[Zoid]

Technically you have to resign before the term ends in order for me to appoint a replacement. But you may do it after the last turn chat of Term IV if you like

[zeace]

I think that I might have to do some studying on the ol' Constitution to see exactly what applies here. (I should probably study it anyway if I'm going to be a Justice) I should think that it should be possible to resign at exactly the end of the term in order to take a new post.

What happens if someone wants to change Ministries, but the only candidate for his old post does not get the support of the people? Does he continue in his old role? Does this possibility then constrain him from running for the new post?

What if he wins the new post, but the old position goes to a run-off because there was no majority? Does he take his new post? Does the president assign someone to the old post until the run-off completes?

I think everyone agrees we should be able to change roles without worrying about the election in our old role. Maybe we should be allowed to hold two posts, but only when we have been elected to a new position, and our old position has not been resolved yet. In practice this will usually be resolved quickly (President making an appointment) but conceivably it could take much longer (The courts agree to hear arguments about the election)

Ze Ace

[Zoid]

This is a bit of a grey area in the constitution. It expressly says that you can´t hold two offices at once or put yourself in a position where you might end up with two offices.

(e) No citizen may be a candidate for an elected office if such candidacy might cause this citizen to be in more than one elected office simultaneously.

It doesn´t cover all eventualities. But this is what amendements are for!

[Nimitz]

LOL yes it is. Anyways I'm starting the elections the unfilled nominations will stay openned for another 2 days for now to see if any wish to run.

[couerdelion]

Originally posted by zeace
I think that I might have to do some studying on the ol' Constitution to see exactly what applies here. (I should probably study it anyway if I'm going to be a Justice) I should think that it should be possible to resign at exactly the end of the term in order to take a new post.

What happens if someone wants to change Ministries, but the only candidate for his old post does not get the support of the people? Does he continue in his old role? Does this possibility then constrain him from running for the new post?

What if he wins the new post, but the old position goes to a run-off because there was no majority? Does he take his new post? Does the president assign someone to the old post until the run-off completes?

I think everyone agrees we should be able to change roles without worrying about the election in our old role. Maybe we should be allowed to hold two posts, but only when we have been elected to a new position, and our old position has not been resolved yet. In practice this will usually be resolved quickly (President making an appointment) but conceivably it could take much longer (The courts agree to hear arguments about the election)

Ze Ace

I think you're first para is nearer the mark. At least it makes things simpler because it avoids the “domino-effect” of positions being left empty leaving someone stuck in an old position and unable to take on a new role. If the candidate resigns from the old role then that is the only position that needs to be filled. The President – the one elected - can then nominate someone to take on the role. The term of the office is still the uncompleted “old” term which would end when an election gives us a new official.

So yes, I’d say that the nomination for a position comes with the implied resignation from an old post if the nomination results in election.

[fed1943]

Originally posted by zeace
Does he continue in his old role? Does this possibility then constrain him from running for the new post?

I think everyone agrees we should be able to change roles without worrying about the election in our old role. Maybe we should be allowed to hold two posts

Ze Ace

With no Autorithy and in poor English:

An Officier position just ends,out of resignation, when the Term is over

AND the new Officer is ellected. So,yes,he continue in his old role.

And may he run to a new post? Far from sure, but I would say yes.

But, out of doubts, since one of the positions is in the Court and the

other not, cannot take/begin/work while said condition exists.

So, a domino effect is possible, even an endless one - a closed circle

Solutions: a) Permanent solution - life is always richer than the deepest imagination and wisest analisys, so forget;

B) A solution, for here and now: ZeAce resigns from Finances this

Term, so giving Mr.P. the chance to appoint someone, and,just to be

sure,nominates again himself to Justice; P. apoints,or not, a

replacement for Finances (if someone runs for Finances that would

be the ideal replacement); and someone nominate himself to F.

And,hopefully game on. (Why people are just not as a Kelsen'

design?).

Best regards,

[rjmatsleepers]

It cannot be the case that the constitution prevents Zeace from running for justice simply because no one has nominated themselves for his current position.

Article II 1 b says "An elected Minister is charged with the duties explained in this Section 2 of this Article until the end of his/her term, which lasts 1 month, or until (s)he resigns." This must mean a maximum of 1 month, but that the term can be shorter if he or she resigns before the month has ended.

It seems to me that Zeace has conformed with the constitution in nominating himself for justice and the election can begin.

RJM

[couerdelion]

Originally posted by rjmatsleepers
Article II 1 b says "An elected Minister is charged with the duties explained in this Section 2 of this Article until the end of his/her term, which lasts 1 month, or until (s)he resigns." This must mean a maximum of 1 month, but that the term can be shorter if he or she resigns before the month has ended.
RJM

The 1 month clause is a little awkward here if used as a maximum because it does not cover the possibility that an election will overrun. In the context of the clause you quote it seems to be intended to mean that resignation can precede the conclusion of the “standard” one-month period but there is another clause which talks of the current serving member remaining in office until another candidate wins an election. This suggests the possibility of a role remaining open indefinitely if nobody is elected into the position for a new term.

We can of course resolve this by retaining the spirit of the 1-month clause but interpreting this with a little flexibility – as was done for Term III when the elections were late. With the agreement of the President and the Court, the position-holder would, after a short period of, say, a week, resign and the President could then nominate someone to fill the empty role for the new term.

At least that’s the way I would see things operating. If these things can be agreed with the least amount of hassle then the government can concentrate on running the country rather than about who is going to be doing what job.

[Zoid]

I agree that the easisest way would be for zeace to just go from being MoF to being judge and leave the MoF business to the court. It´s just a game after all...

[MMC]

Now the elections are here, all he has to do is pick which one he wants to go for and stick wih it.

[zeace]

I'd like to reaffirm my previous candidacy for Judge and annouce that I will step down from MoF at the end of this term whether there's a replacement or not...

kosher?

Ze Ace

[Nimitz]

Ok I will add you just a reminder the nominations for unfilled slots will stay open till some decides to run.

[RobWorham]

Edit : Wrong bloody thread, sorry!!

[Zoid]

Originally posted by zeace
I'd like to reaffirm my previous candidacy for Judge and annouce that I will step down from MoF at the end of this term whether there's a replacement or not...

kosher?

Ze Ace