Elections Act (2012)

Calvin Coolidge

Spellcaster
Forum Administrator
Honoured Citizen
Citizen
I often get asked the question "What's your favorite holiday?" My immediate answer is "Taylor Swift's Birthday!" After an awkward couple of minutes where I stare excitedly at my conversation partner, then slowly lower my head in shame, I usually mumble "Christmas..." Speaking of holidays, the Senate recently passed an amendment to the Elections Act (2012), which deals with allowing time for holidays when starting an election. However, before we get into that amendment, another one was passed, within a few weeks, that also merits discussion. As this is the case, please hold while I come up with another opening that I can then torture into a tie-in to the amendment.

Speaking of holidays, I often go to amusement parks on holidays. (Yeah, yeah, that's good.) When I go to amusement parks my favorite thing, other than listening to hundreds of youngsters scream at me, is standing in line. (Wait for it...) Perhaps that's why I want to take a closer look at the recently passed legislation "Second Amendment to the Elections Act (2014)," which deals with the standing period in a by-election (Calvin Coolidge you've done it again.)

In this article, I'd like to examine both of these amendments, as well as the act that they affect.

To begin our analysis, the purpose of this act is, as it states, to ensure "that elections be carried out fairly and democratically." All events need someone to start them, and elections are no different. That is why section (2) states,
"Elections shall be administered by a Supreme Chancellor or his designee. Should the Supreme Chancellor be unable to administer elections or designate an alternate administrator, the Chief Justice shall administrate elections."

One can only assume that second sentence was added in after that presidential election from a few years back when HEM and Lethen were both rendered incapable of movement via Chinese finger trap. Should any conflict arise in regard to the administration of the election, section (3) tells us,

"Those who are responsible for administering elections shall have discretionary authority to resolve matters arising in connection with administration of elections, so long as the resolution of such matters is reasonable and in accordance with applicable laws."

So, if you have any problems with how I conduct an election, you can talk to the manager about that. Also, I'm the manager. And, in case any of you had any reason to suspect someone could manipulate the election in their favor, section (4) sets us straight by saying,
"No person may administer elections in which they are a candidate."
Take that, conspiracy theorists. Another important element of any election is deciding how many positions there are available. As far as how that is decided, section (5) says,
"The number of seats in the Senate in each succeeding term shall be determined by an Electoral Panel composed of the Speaker of the Senate, the President, and a representative of the Office of the Supreme Chancellor.

(i) The Panel shall convene publicly as soon as practically possible after a general election is called to deliberate on the matter, and shall return a decision at least three days prior to the commencement of voting.

(ii) Should the Panel fail to return a decision before the date described in (i) above, the number of seats in the Senate shall not be changed from the previous term.

(iii) The Panel may not implement a decision to increase the number of seats above ten (10) without approval by the Senate.

(iv) The Senate may, with a majority vote, reject the decision of the Panel prior to the commencement of voting, leaving the number of seats unchanged."
This means that there is no set number of seats in the Senate. So, that's right kids, the Senate can be a wild and crazy place. And, just to prove it to you, they put in sections 6 and 7, which state,
"(6) In any election where the number of candidates is less than the number of seats being contested, all candidates will be elected and the size of the Senate reduced to equal the number of sitting Senators or five, whichever is greater, overriding any decision of the Electoral Panel.

(7) If an election implementing s6 results in the Senate having fewer than five sitting Senators, and thus one or more vacant seats, a by-election shall be immediately held to fill the vacant seats."
Yes. Because as we all know, the only way to solve the problem of not getting enough people to run in an election is to hold another election. This next part of the act, much like a night with Anumia, might make you a little weak at the knees. That's because it deals with standing periods. (And when people stand for a while... sometimes their knees... oh, just forget it.) Just in case any readers are unaware of the vocabulary here, a standing period is the time when a person can declare their candidacy for office. The standing periods are different for every election, as sections (8) and (9) explain,
"(8) Standing periods for Presidential Elections shall be opened between 8 and 12 days prior to the scheduled end for the current Presidential term. Standing periods for general elections shall be opened between 6 and 10 days prior to the scheduled end for the current Senate term.

(9) Standing Periods for By-Elections shall be opened within 3 days of the office in question having been declared vacant, or if not vacant, between 5 and 7 days prior to the scheduled vacancy. No by-election shall be held to fill any Senate seat that becomes vacant 21 days or less prior to the next scheduled Senatorial election, unless a Supreme Chancellor decides in his discretion that holding such a by-election is advisable. If a Senate seat is left vacant pursuant to the preceding sentence, then for the remainder of that term the number of Senate seats determined pursuant to Section 5 shall be reduced accordingly. Standing periods for by-elections must be open for a minimum of 72 hours."
Hidden in the mass of text that is section (9) is one of our two amendments. Specifically, the last sentence, which is the "Second Amendment to the Elections Act (2014)." This extends the time period to 72 hours in a by-election in regards to standing, giving more time for more possible candidates. And while more candidates may sometimes split the vote, taking away the victory from a better qualified, highly intelligent, dashingly handsome candidate (Not that I'm bitter,) I think we can agree that more democracy is almost always a good thing.

Now, we can't think of writing an act about elections without talking about voting. That's where these next sections come in. Sections (10) and (11) deal with when, and how long, the voting period is. They say,
"(10) Voting for Presidential Elections, general elections, and by-elections shall occur immediately following the closure of the standing period, and shall be of 24 hours duration, within practical reason.

(11) Runoff Elections shall occur immediately following the closure of the election whose result they pertain to."
This makes everything swift (Tee hee, Swift) and painless, as the voting only lasts one day. Even if we have a runoff, this thing will end before the sun goes down, gosh darn it! I've got to keep up on my stories, and this "democracy" thing is really cutting into my personal time!

Sorry you had to see that. Anyway, along the lines of cutting into people's personal time: what to do in the event of a tie. Essentially, this act has taken care of almost all the possible scenarios, each detailed in a series of sections under the title "Regarding Ties and Runoff Elections." I'm going to put all of the sections here, for the sake of completion, but if you find it rather repetitive, I do, and I also do. (See what I did there?)
"(12) In the event of a tie in any Presidential Election, General Election, or By-Election, a Runoff Election shall be held to break said tie as per the provisions of this Act, as well as in any other circumstances as required by legislation.

(12a) If no candidate in a Presidential Election receives more than 50% of the total votes cast, a Runoff Election between the first and second placed candidates shall be held 48 hours after the conclusion of the preliminary voting. If two or more candidates are tied for second place, the tie shall be broken by a vote of the Senate.

(13) In the event of a tie in any such Runoff Elections, where this circumstance is not already provided for by other legislation, the Senate shall vote to break this tie. If they are unable to break this tie, then the tie shall be broken by the Office of the Supreme Chancellor. Should a majority of the Supreme Chancellors be unable to reach a consensus, the tie shall be broken by the Chief Justice.

(14) Runoff Elections shall only be conducted where the election of candidates is contested, and not to determine the order of elected candidates, unless otherwise required."
Zzz... wha-? Huh? Oh, it's over. Well, now that that's out of the way, let's get to everybody's favorite candidate: None of the Above. In this act, there are two whole sections talking about this, and here they are:
"(15) In any Presidential election where less than two people seek the office, 'None of the Above' will be an official option on the ballot.

(16) If the option to vote 'None of the Above' attains a majority of all votes cast, the Presidential election process will start again at the Standing Period and continue as prescribed above. The incumbent President will continue to serve in an acting capacity."
So, if you ever wondered how None of the Above gets on the ballot, with no prior experience and a very noncommittal attitude, now you know. We have now reached the last section of this act, but it might as well be a visit to your grandmother's house, because it is full of potpourri. This last section, titled, "Regarding Other Matters" contains three sections, each with a fun fact about elections. They state,
"17) In any official election, the maximum number of votes each voter may be provided to allocate to candidates shall be equal to the number of positions or seats available.

(18) Should an Election not be completed by the end of the sitting Official's term, the sitting Official shall continue to act with the Powers and Responsibilities of the Office he is vacating until the election process has ended.

(19) The administrator(s) of an election may open the vote within 48 hours on either side of the required date, provided that the public is given notice at least a week before commencement of the election."
In case you were wondering when that other amendment was coming in, you can rest easy. The final section is the amendment that was designed to allow for time discrepancies due to holidays. This gives the person in charge a time cushion that they can use to make things easier for everybody. Sort of like how real cushions make things easier for everybody. I don't know about you, but I've never found an accountant half as good as my cushion. Just me? Okay.

To conclude, the Elections Act (2012) is an expansive law that spells out how we conduct our elections here in Europeia. Many different scenarios are anticipated, and we have a clear chain of command in this regard. With the two new amendments, this act shows that just because everybody is out for blood in elections doesn't mean we can't be civil about our process. As always, I encourage any reader that wants to find out more about this topic to check out the Law Index, or look at the discussions of these amendments in the Senate, titled, "Amendment to the Elections Act (2012)" and "*Second* Amendment to the Elections Act (2014)." Until next time, I'm Calvin Coolidge, filing my tax returns with my cushion.
 
My only complaint here is how long this post is, and how everything is broken up into paragraphs of a single sentence; that makes it almost as difficult to read as a singular block of text :p
 
Using quote /quote would do really well here on the eyes! (along the lines of what Anumia said)
 
Back
Top