la garçâ malpadert
Group: admins
(4379 posts total)
(last post: March 13, 2008 - 16:29)
Citizen #22:
Miestrâ Schivâ | > A less threatening question, yet a question full of suspense may be, whether Ugo is still a member of the MRP. Andy and Jim, who quit the MRP, had already assumed their seats in the CoD before this decision; but Ugo will have to be in the MRP if he wants to replace Andy, at least until he assumes his seat.
But Ugo doesn't have to "assume his seat" to be a Deputy - at least, not right away.The law says:
Where a seat becomes vacant between general elections or by-elections, the candidate to fill the vacancy shall be the next-ranking candidate on the list of the party which vacated the seat, and the Secretary of State shall inform the Túischac'h in writing of the successful candidate.
The Acting SoS, Txec E., informed me last week that Ugo was the next candidate on the list, and therefore Ugo is now a Deputy, and he will be a Deputy until the next election, or until he resigns, or if he stays away for two months. There is no provision in the law as it stands for a Deputy to lose their seat for not turning up when summoned - only if they don't turn up for two whole months can their seat become vacant again.
The more important question is: who will replace Eric? Again:
If there is no such candidate, then the party on whose list that candidate was elected shall nominate a replacement to the Secretary of State, who will then as soon as possible announce a referendum on the following question: "Shall [candidate's name] take up the [name of party's] vacant seat in the Chamber of Deputies?" If the referendum succeeds, then the Secretary of State shall inform the Túischac'h in writing of the successful candidate.
I await official Peculiarist word on who their candidate to replace Eric is. Although for the sake of the sanity of the SoS, the referendum which would be needed before this candidate could take up their seat should wait for after the Presidentials.
> As far as I'm concerned, Ugo has practicaly proven that he is not interested in an MRP membership any longer.
This is a good point, and a potential serious problem with the system. There is no provision to kick someone off your party list "after the fact" in our electoral system. In other jurisdictions there is. Perhaps this is more evidence that our electoral system needs a shakeup.
> What does this practically mean? Presently: Only something that has to be kept in mind. I will not dissolve the CoD immediately, not because I'm leaning towards indecisiveness and not because I am not entitled to do so, but because my term is running out soon and I don't think it is wise to amplify a political crisis while I'm about to pass the august powers of the President of the Republic to a successor. He or she should have a fair chance to take on the office without the burden of an inherited crisis.
A wise choice, if I say so. My interpretation is that *legally* there are four Deputies, but *practically* there are only three until Ugo turns up or until the MRP nominates a candidate to replace Eric and that candidate is approved by referendum. So I stand by my decision to finish the voting on 5RC3 and then prorogue the Chamber until there are at least four active Deputies.
Miestrâ Schivâ
Túischac'h dàl Camerâ dels Deputats
Editor, Qator Itrìns
Chief High Language Geek of the Talossan Republic
Eminençâ Grischun dels Zefençadéirs dàl Repúblicâ Talossán
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