Constitution of The Republic

ARTICLE II: Form of government

B) Elections and Voting Rules

NOTE: This version has been superceded and may not be up-to-date... It is provided for reference only. Please see Article II, Chapter B: Elections and Elegibility or Article II, Chapter B-2: The Hare/STV system for the most current version.

  1. All natural persons born in the republic, or of one or more citizens, or naturalized to the republic, or who were residents of the republic upon the adoption of this constitution and did not renounce their citizenship are citizens. All citizens who are legal adults may vote. The voting age shall be as described in section 3.
  2. The government shall provide rules for attaining citizenship via naturalization which are fair and do not unduly exclude any group.
  3. The Council and Parlaiment shall provide that all restrictions in legislation justified on the basis of excluding those who are too young shall permit access to all persons over the age of 21, and to all persons over the age of 15 who can demonstrate understanding af the subject under restriction sufficient to make an informed and reasoned choice or otherwise commensurate with that of adverage adults. This may be proven by any means permitted by law; but shall be deemed proven:
    1. For liscenced activities, meeting of usual lisence requirements
    2. For sex, in the case of marriage with parental consent.
    3. For voting, this shall constitute passage of an approved civics course, and demonstration of the ability to make an informed and reasoned political choice.

    Modified from pervious form

  4. Members of all branches of national government shall be elected at regular intervals with elections conducted each year on the first Monday in September. The government shall provide for a national holiday on that day such that all citizens may vote. No person may run for any national elective office (judges excepted) if they have already served for a period of 10 years in that office(9 years for members of the Republic Council), or do not have the signatures of 100 citizens pledging support.
  5. Candidates shall be selected by means of a series of partisan caucuses to be conducted at each citizen's advisory board in a manner prescribed by law and party regulations, the first to determine support for any incumbents and to determine the number of candidates, the second to nominate appropriate candidates; and, after any ineligible, declining, or failing to receive the pledge of 100 citizens have been removed; at a third and subsequent meetings to winnow the list and select candidates conforming to Section 22 below. All caucuses shall be conducted within the period of 1 month, to be completed not more than 4 months nor less than 1 month before the election.
  6. The government shall print a voter information guide which shall list for each candidate seeking each position the voter is electing at this election:

    1. a detailed statement on the issues
    2. a summary voting history (if available)
    3. party affiliation
    4. and background information.

    Similarly, the text of all items up for referendum shall be listed together with an unbiased economic analysis, statements in favour and opposed and rebuttals to those statements on both sites.

    This guide shall be mailed free of charge to all citizens registered to vote.

  7. Members of Parlaiment and the Republic Council shall be elected by the Hare (STV) system of proprortional representation: in each election each voter shall mark a "1" next to their first choice, a "2" next to their second choice, a "3" next to their third choice, etc. such that as many candidates as the voter cares to rank, or all options in the legislative case, are rank-ordered.

    Each ballot shall prominantly state the number of positions to be elected, after the word "rank" above the list of candidates, the number of candidates marked shall have no bearing on the validity of the ballot.

  8. The quota in all elections shall be one more than the number of votes in that race divided by the number of positions to be filled plus one i.e.. quota=(n/(m+1))+1. A surplus shall be defined as the number of votes in excess of the quota.
  9. If any candidate has a quota of the "1" vote in their district, or nationwide in a Council election, that candidate is automatically elected, In the event of more than one candidate having a surplus, the candidate with the largest surplus shall be elected first, then their votes redistributed as in section 10 (II.B10) below, then the unelected candidate with the largest surplus after that step elected repeating until all candidates with a quota or surplus have been elected.
  10. After a candidate is elected, a proportion of each "1" vote for them equal to the proportion of votes in surplus to that of total votes for the candidate shall be applied to the "2" vote of each voter.
  11. If no candidate receives a quota of the "1" votes, then the candidate with the fewest "1" votes is excluded, or in the legislative case, the candidate with the most last-place votes, and the votes for them cast instead for the voter's second choice, excluding candidates until someone wins.
  12. In either of the two above sections, if a voter's number "2" choice has already been excluded or elected, then substitute the voter's next valid choice in numerical order, no vote may be cast for a candidate whom the voter has not ranked. If a voter ranks two candidates equally, 1/2 of the remaining portion of the vote shall be credited to each.
  13. If, after the transferred votes have been added to the previous "1" votes, there is no new person elected, repeat the step in section 10 (II.B10) until another person is elected, repeat the step in section 11 (II.B11) each time a person is elected.
  14. Continue with the process until all votes have been spent or all candidates are elected.
  15. In all cases where a decision is made wherein a specific voting method is not specified for the Republic Council or Parlaiment, it is by either the specified supermajority or a simple majority vote of the individuals in a recorded public vote, in a vote requiring the whole number, this section shall also apply except that whichever majority referenced must be one of the whole number of members and not of an above-quorum number attending. If a majority of the members present (if their number constitutes a quorum) of the body voting do not vote in the majority at the final vote, it is not a valid decision.

    If, however, a choice must be made between competing options of similar subject matter, then the choice shall be by Concorcet rule, each member ranking the various options with the option beating or tying each of the others in a theoretical runoff, given the rankings, winning, if there is no clear winner due to a voting cycle, then any alternatives ranked below the entire cycle are excluded and the winner shall be decided by the legislative version of the electoral process used to select candidates above.
    After the Concorcet or STV winner is found, the option will again be subject to a majority vote on its passage as a single item, if it fails on majority vote, a second ballot shall be cast by Concorcet/STV rule and approved unless 3/4 of the members present vote against.

  16. 45 members shall constitute a quorum in Parlaiment when their number is 100, 7 members shall constitute a quorum in the Republic Council.
    No quorum is required in the case of cumulative voting except for the first vote. Proxies representing a majority of shares held by the government, though not less than 2 proxies for each party, shall constitute a quorum in shareholder voting where proxies are permitted under the bylaws of the corporation.
    In case of ties in Parlaiment, the Prime Minister shall have a casting vote.
  17. Each member of the Republic Council shall receive a number of cumulative votes to be assigned according to their mandate in their year of election. For:

    1. parties with one member elected, mandate = ((P+V)/2)-R
    2. parties with two members elected, mandate = ((P+2V)/3)-R
    3. independents and parties with no members of Parlaiment, mandate = V - R

    where P equals the percentage of members of Parlaiment of that member's party, V equals the percentage of voters for whom the member was the highest ranked candidate elected, and R equals the ordinal number of the member's election.

    The mandates of all members elected in that year shall be summed, each member's mandate divided by the sum of all mandates; and that fraction multiplied by 96, rounded to the nearest whole number of votes such that the total of all cumulative votes assigned in a year equals 100.
    That number plus 1 (votes=(mandate/total mandate * 96) +1)shall be the number of cumulative votes for each member.

  18. Each Council member may distribute the total number of votes assigned to him for all cumulative votes in any one year to any issue or group of issues subject to cumulative vote with the proviso that only 59 votes may be cast on any one issue. Each provision of taxation or appropriation is to be considered one issue, as is each office to be appointed. Council members shall rotate as to who has the first chance to vote in any set of issues, with the first going to the members with the fewest cumulative votes.
  19. The government shall provide for a census of all citizens at least every 10 years and in the year of a special election of constitutional convention delegates.
  20. For purposes of Parlaimentary election, the republic shall be divided into 20 districts (when their number is 100), as nearly equal in population as recorded in the census as is practical and divided such that each district contains a group as similar in lifestyle and background as possible; each district must represent a contiguous geographical area, with a special preference for division along natural or historical boundaries, and shall have 5 seats in Parlaiment.
  21. The Board of Selectors shall draft the location of Parlaimentary and judicial districts, to be approved by the Council.
  22. No election for the Republic Council or in any district for Parlaiment may be valid in which:

    1. fewer than 6 persons in a 4 seat election, or 7 persons in a 5 seat election
    2. or more than two candidates of each party
    3. or where the second candidate of a party running two is not of the opposite sex of the first

    Elections for all seats on the Council shall be republic wide.

  23. For purposes of this constitution, two persons or parties shall be considered to be members of the same party if:
    1. they claim affiliation to the same political party OR
    2. they vote in concert at least 60% of the time on matters wherein the vote tended to breakdown along party or coalition lines.
  24. The Board of Selectors shall be composed of 3 persons of different parties on rotating six-year terms, one to be appointed every other year.
  25. Trial Judges must have a law degree and reside in the judicial district which they are running in and shall be elected every third year, rotating such that an equal number in each judicial district will be subject to election in each year. The position of judge shall be a non-partisan office elected by majority vote of the citizens, only one candidate need run in a judicial election. The judge of the capitol district trial court shall be elected at large by all persons holding elective or appointed office under the national government except trial court judges.
  26. Each appellate court shall consist of 3 members elected by the judges of the lower courts under that appellate court from their ranks and confirmed by the people and judges every 10 years by a majority vote of each. Appellate court judges must have served at least 2 terms as a lower court judge.
  27. No person who is constitutionally eligible may be deprived of their right to run for office, and if duly elected or appointed of their right to hold the office so earned except by impeachment.
  28. No person holding any governmental office in the republic may accept any title, office or emolument from any foreign state during their term, nor may any person except the Prime Minister hold more than one office under the government of the republic at one time, nor may any person who is currently bankrupt and cannot repay their debts, or who is currently imprisoned, hold any public office except as members of consensus committees and the prison's citizen's advisory board.
  29. No person may me made to hold any elective or appointed office against their will. All persons elected to any post in this constitution must swear or affirm to the following:
    "I (swear/affirm)that I will faithfully execute the office to which I have been elected, and will be loyal to and protect this republic and its constitution."
  30. The trial court in the district contested, or the trial court of the capitol in the case of a Council seat, shall have the power to determine, in case of complaint, the qualification and validity of all elections and appointments under this constitution or as otherwise provided by law.
  31. No citizen or member of Parlaiment may cast the vote of another except in the capacity of members of Parlaiment as shareholders where the bylaws of the corporation otherwise permit such.
  32. No military officer may hold any position under the ministry of justice, in any civilian trial court, nor on the Council, Cabinet (with the exception of the minister of defence), or Board of Selectors until such officer has been retired from military service for at least 5 years.
  33. No member of Parlaiment, the Cabinet, or the Republic Council may hold any debt issued by the government; the government shall immediately repay the principal with reasonable interest for any such bond. Shares in partially government owned corporations which are held by members of the above shall be placed in blind trust until the end of the member's term.


Copyright 2000-2002 Jack Durst, Last modified 5/26/2002 11:45PM PDT