Speaker Pro Tempore

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Speaker Pro Tempore

Post  Serenel on Wed Mar 16, 2011 2:17 am

So i just drafted this little diddy up.

what do you guys think?

i just want to guage opinion, if you have concerns with something bring it up so we can talk about it.

if you think something should be added, bring that up too.

this is meant to be a rough draft, so let the ideas flow.

The Speaker Pro Tempore Act of 2011

Preamble-
In the event that the Speaker of the Assembly: ascends to the Office of the Premier, resigns, or ceases to be a citizen of The Dirty South, as outlined in the Constitution. This Act shall set forth the procedure in which a Speaker Pro Tempore shall be selected.


Article 1- Powers of the Speaker Pro Tempore

1. The Office of the Speaker Pro Tempore shall be imbued with all the powers delegated to the Speaker of the Assembly, as per the constitution (Section 1, Article C), and any other powers delegated to the office by past, and future Acts of the Assembly.


Article 2-Nomination

1. The Premier shall nominate three candidates, to the General Assembly at large, to ascend to the office of the Speaker Pro Tempore.

2. The way in which the three candidates are chosen is the decision of the Premier

3. The Premier must present his candidates within five days of ascending to the office.

4. If the Premier produces an insufficient amount of candidates, they must present their reason as they also present the candidates that were chosen. It is up to the General Assembly to either accept such circumstances, or take the Premier to court, where the courts shall decide if the reasoning for present less than three candidates is sufficient.

5. If the Premier fails to present any candidates to the General Assembly within the five day period. The admins of the forum are called upon to open a self-nomination period that shall last a period of two days.


Article 3-Election of the Speaker Pro Tempore

1. The election, like all elections in The Dirty South, shall be administered by the admins of the forum.

2. The election process shall last a period of four days.

3. At the end of the election the candidate that receives a plurality of the votes shall ascend to the office of the Speaker Pro Tempore.
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Re: Speaker Pro Tempore

Post  Cool Egg Sandwich on Wed Mar 16, 2011 1:21 pm

I like it, I just wanted to point some things out.

Article 2, Clause 2 is unnecessary; Clause 1 clearly stipulates that the Premier nominates the candidates for Speaker Pro Tempore.

3. The Premier must present his candidates within five days of ascending to the office.

This clause should be amended to reflect situations in which the speaker resigns or CTE's. The current clause would only allow for "new" premiers to stipulate nominees. It should instead read something like:

3. The Premier must present his candidates within five days of the Speaker's position becoming vacant.

It's rough, and you should change it to suit your language, I just felt the need to point it out to you.

Also, Article 2, Clause 4 is a bit jumbled, perhaps you could use something like this instead:

4. If the Premier produces an insufficient amount of candidates, he must provide his reasons in addition to the chosen candidates. It is up to the General Assembly to either accept such circumstances, or take the Premier to court, where the courts shall decide if the reasons for presenting lass than three candidates were sufficient.

As I said before, please change this to suit your language; I just wanted to "clean" it up a bit, and make a couple clauses more clear to the "reader".

Article 3, Clause 1: remove the phrase, "like all elections in The Dirty South." The clause should read :

The election shall be administered by the Admins of the Forum.

I would prefer if this document didn't stipulate the length of election for all future offices in TDS. This would be a dangerous precedent to set.

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Re: Speaker Pro Tempore

Post  Serenel on Wed Mar 16, 2011 6:29 pm

Cool Egg Sandwich wrote:I like it, I just wanted to point some things out.

Article 2, Clause 2 is unnecessary; Clause 1 clearly stipulates that the Premier nominates the candidates for Speaker Pro Tempore.

I understand your point.

however the purpose for clause 2 is to show this act is not going to infringe upon the choice of the Premier as to how those 3 candidates are selected.

now of course, like you allude to, we could leave that out, and it be simply implied, rather reasonably.

i am just of the mind set personally that if we can make things as clear and as specific as we can we should, because law should be specific.

Cool Egg Sandwich wrote:
Serenel wrote:3. The Premier must present his candidates within five days of ascending to the office.

This clause should be amended to reflect situations in which the speaker resigns or CTE's. The current clause would only allow for "new" premiers to stipulate nominees. It should instead read something like:

3. The Premier must present his candidates within five days of the Speaker's position becoming vacant.

It's rough, and you should change it to suit your language, I just felt the need to point it out to you.

I see what you are getting at, and i think that is a valid concern.

i will definietly change the language to be more inclusive of such instances.

thank you for that.

Cool Egg Sandwich wrote:Also, Article 2, Clause 4 is a bit jumbled, perhaps you could use something like this instead:

4. If the Premier produces an insufficient amount of candidates, he must provide his reasons in addition to the chosen candidates. It is up to the General Assembly to either accept such circumstances, or take the Premier to court, where the courts shall decide if the reasons for presenting lass than three candidates were sufficient.

As I said before, please change this to suit your language; I just wanted to "clean" it up a bit, and make a couple clauses more clear to the "reader".

Thanks for that, i will try to make it a bit more clear to the reader.


Cool Egg Sandwich wrote:Article 3, Clause 1: remove the phrase, "like all elections in The Dirty South." The clause should read :

The election shall be administered by the Admins of the Forum.

I would prefer if this document didn't stipulate the length of election for all future offices in TDS. This would be a dangerous precedent to set.

This does not stipulate the length for all elections in the region, or even the one taking place in this motion.

this merely stipulates that the admins of the forum run all elections, and while you are correct one Act should probably not stipulate a binding clause on other independant Acts, all elections will be administered by the admins of the forum.

and it could be reasonably infered, that the clause is merely commenting to re-enforce precendent that was laied out in the Constitution, where it shows that the elections are run by the admins of the forum.
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Re: Speaker Pro Tempore

Post  Cool Egg Sandwich on Wed Mar 16, 2011 9:43 pm

I suppose I misread the last clause I had you edit, regarding "like all elections in the Dirty South." I misinterpreted the effect, and I think I mixed clause 1 + 2 together. Looks good though. Sorry I wasn't around much today, but my best friend had his first born son a few hours ago...

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Re: Speaker Pro Tempore

Post  Serenel on Wed Mar 16, 2011 9:49 pm

Well congradulations to your best friend!

and no worries, sometimes RL just doesnt permit as much activity as you may want, i think we all understand that.
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Re: Speaker Pro Tempore

Post  Serenel on Wed Mar 16, 2011 11:59 pm

here is an updated version.

let me know what you think guys:

The Speaker Pro Tempore Act of 2011

Preamble-
In the event that the Speaker of the Assembly: ascends to the Office of the Premier, resigns, or ceases to be a citizen of The Dirty South, as outlined in the Constitution. This Act shall set forth the procedure in which a Speaker Pro Tempore shall be selected.


Article 1- Powers of the Speaker Pro Tempore

1. The Office of the Speaker Pro Tempore shall be imbued with all the powers delegated to the Speaker of the Assembly, as per the constitution (Section 1, Article C), and any other powers delegated to the office by past, and future Acts of the Assembly.


Article 2-Nomination

1. The Premier shall nominate three candidates, to the General Assembly at large, to ascend to the office of the Speaker Pro Tempore.

2. The way in which the three candidates are chosen is the decision of the Premier

3. The Premier must present their candidates within five days of the office being vacated.

4. If the Premier produces an insufficient amount of candidates, they must present their reasons while also presenting the candidates that were chosen. It is up to the General Assembly to either accept such circumstances, or take the Premier to court, where the courts shall decide if the reasoning for presenting less than three candidates is sufficient.

5. If the Premier fails to present any candidates to the General Assembly within the five day period. The admins of the forum are called upon to open a self-nomination period that shall last a period of two days.


Article 3-Election of the Speaker Pro Tempore

1. The election shall be administered by the admins of the forum.

2. The election process shall last a period of four days.

3. At the end of the election the candidate that receives a plurality of the votes shall ascend to the office of the Speaker Pro Tempore.
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Re: Speaker Pro Tempore

Post  Cool Egg Sandwich on Thu Mar 17, 2011 12:52 am

I really should reiterate; you really don't need Article 2, Clause 2 at all. If anything make clause 1 more specific, but I really see no reason to do so.

The Premier shall nominate three candidates

That is pretty explicit to me. I don't see how there could be any confusion regarding this. No need to add a superfluous clause to this legislation.

Otherwise it's great, and I fully support.


Saludos,

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Re: Speaker Pro Tempore

Post  Serenel on Sun Mar 20, 2011 2:08 am

clause 1 is the statment of the power.

clause 2 is the breadth of the power.

clause 2 gives the Premier the power to pick at random, throw a dart against a wall, take applications, flip a coin, do whatever s/he pleases.

and this way if some pissed off nation takes the gov't to court saying the act gives the Premier the power to choose, and a choice implies having more then one opition on the table, or some argument there of, the gov't and this act are protected as any sitting judge could simply point to clause 2 and show the Premier has ultimate leverage in such matters.

also on a more theoretical scale it is a re-enforcment of the sentiment that was developed in the constitution of giving the Premier some pretty strong powers, and having a strong central figure in our gov't.
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Re: Speaker Pro Tempore

Post  Cool Egg Sandwich on Sun Mar 20, 2011 2:26 am

Serenel wrote:clause 1 is the statment of the power.

clause 2 is the breadth of the power.

clause 2 gives the Premier the power to pick at random, throw a dart against a wall, take applications, flip a coin, do whatever s/he pleases.

Yeah, and so does clause 1. As the Premier is given authority to nominate, and there is no stipulation that the Premier does not have authority to decide in whatever fashion he chooses to, it is legally assumed that he does have such authority.

It's not like I won't support the legislation; I just see absolutely no need for that clause. Not hatin', just sayin...

Do you really need the clause?

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Re: Speaker Pro Tempore

Post  Anglenburgh on Sun Mar 20, 2011 2:48 am

I like it, the end result outlines the position well.
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Re: Speaker Pro Tempore

Post  Serenel on Mon Mar 21, 2011 9:44 pm

As the Sponsor of this bill i ask that it be taken to the vote.

and as The Speaker of the Assembly this motion shall now be taken to vote.
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Re: Speaker Pro Tempore

Post  Serenel on Mon Mar 21, 2011 9:48 pm

Voting is now taking place.

if you are having trouble finding it, here is the link:

Voting Room
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