Proposed Text, CDSL 20-02 By-Election Procedures Act

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Lyubov
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Proposed Text, CDSL 20-02 By-Election Procedures Act

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Proposed text to update CDSL 20-02 By-Election Procedures Act, https://cdsdemocracy.org/faqs/cdsl-20-0 ... dures-act/ This item is on the agenda for tomorrow's RA meeting (28 October).

The change is to replace language referring to a “resignation” with “vacancy”, to allow for a vacancy occurring for any reason, not only a resignation. The dates whereby a runner-up may be considered as a replacement is also extended, from only the first one-third of a term, “before July 31st or January 31st”, to “before April 1st or October 1st”. The effect of this change would be that for any vacancy occurring during the first two-thirds of the term, a runner-up from the most recent election would first be offered the position. Only if there was no runner-up, or if all declined, then the by-election process would be triggered. If the vacancy occurs in the final third of the term, then the position would remain vacant for the balance of the term, as is the current process.

Draft text follows:

Preamble:

The laws of the CDS do not provide a clear set of directions for the SC to use in scheduling by-elections. This act is intended to provide a clear procedure to use in scheduling by-elections, that complies with CDSL 16-04 Citizenship membership publication for election purposes, CDSL 13-09 Campaigning Act, CDSL 13-04 Chancellor Direct Election Constitutional Amendment Act, CDSL 13-05 Chancellor Election Act and the Constitution.

Section 1 – Vacancies from the RA or Chancellorship:

Where a vacancy occurs on or before April 1st or October 1st, and the regular elections for the sitting RA and Chancellor had excess candidates who did not attain a seat, the regular election software will be run again using the data from the regular election, to establish the order in which the unsuccessful candidates would have been elected, had there been additional seats on RA available or multiple positions for Chancellor. The Dean of the SC will ask such candidates, in order, if they wish to fill the vacant RA seat or Chancellorship. Once a candidate accepts, the Dean will publish the results and announce the name of the candidate who has accepted. That candidate will be sworn into office as soon as possible.

Where there were no unsuccessful candidates in the regular election, or where no qualified candidate accepts the seat or Chancellorship, a by-election will be held as per Section 2.

Section 2: Schedule for Byelections:

To ensure a current Citizen List is in place in the event of a by-election, a census will be taken on the last Friday of July, August, January and February and will be used to create a Citizen List, using the procedures legislated in CDSL 16-04 Citizenship membership publication for election purposes.This Citizen List shall be posted in the Forums, on the portal, and inworld by the Chancellor,(or in the event of a Chancellor vacancy, the Dean of the SC) with information on how to challenge inclusion or exclusion from the list . Any citizen may challenge inclusions or exclusions within 14 days of publication, by notecard to the Dean of the SC. Where no challenges have been received, or once any challenges have been resolved, the Citizen List will be declared accurate and official.

If a vacancy occurs on or before March 31st, or on or before September 30th, the most recent Citizen List shall be used to establish those who qualify to stand for election or to vote.

The SC shall meet and create a schedule for the by-election, ensuring that all of the following timeframes are observed:

The Dean of the SC will open new applications on the day notice was officially published in the Forums and close applications after a week.
The Dean of the SC will declare the Citizen List to be official once the deadline for challenges has passed, and when any challenges have been resolved.
Only those citizens whose names appear on the official Citizen List may run for office or vote in the by- election.
The Dean of the SC will ensure that all candidates are listed on the Citizen List and will publish an official list of candidates to the Forums and inworld.
The campaigning period may begin at noon SLT on the Saturday following the publication of the official candidate list, but not before noon SLT on the 22nd day following the date the census was conducted.

The polls for by-election may open at noon SLT the following Saturday, but not before the 29th day following the date the census was conducted, and will remain open for 168 hours. In the event of a server outage which prevents citizens from casting ballots and which lasts more than 12 hours, the Dean of the SC has the authority to adjust or extend the election schedule.

Section 3: Vacancies During the Last Third of a Term:

Where a vacancy occurs after April 1st or October 1st no by-election will be held and the seat or Chancellorship will remain vacant until the next regular elections.

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Lyubov
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Re: Proposed Text, CDSL 20-02 By-Election Procedures Act

Post by Lyubov »

At Monday's RA meeting, the proposed text was approved. The Code of Laws on the Portal will be updated to reflect these changes. Meeting transcript available at http://forums.slcds.info/viewtopic.php?f=2&t=9207

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