50RZ15 - The Electoral Commission Reform Amendment

WHEREAS , [...]

THEREFORE, Organic Law Article VII, Sections 3-9 which currently read:
Section 3

All elections to the Cosa are to be conducted during a period beginning from the fifteenth day of the calendar month following the dissolution of the prior Cosa until 7:30 p.m. on the first day of the subsequent month. The first day of this period (the fifteenth) is called the "Balloting Day" and the final day is called the "Election Deadline."

Section 4

During the election period as defined in 7.3, the Secretary of State shall in every particular conduct the election according to the election laws in such a manner as a) affords to every citizen the opportunity to cast a vote for the party of his choice, and b) does not discriminate against any party or individual in the collection or tallying of votes. In the absence of a current election law, the Secretary of State shall conduct the election according to the rules under which the most recent general election were conducted.

Section 5

The Secretary of State must make public the exact procedure by which he will comply with 7.4, as soon as possible after Cosa dissolution.

Section 6

Votes for the Cosa may be submitted either publicly or privately. Votes submitted privately shall be submitted to and available only to an Electoral Commission, consisting of the Secretary of State and the three Justices of the Uppermost Court. Should any Justice be unavailable to serve on the Commission, the King shall name a Magistrate judge of a subordinate court to replace that Justice, but should no such Magistrate judge likewise be available, the Commission shall serve as otherwise constituted. It shall be a criminal act, punishable as determined by law, for the contents of any such vote to be revealed by any member of the Commission to any other person. The members of the said Electoral Commission shall independently confirm the final tally and together shall certify the election. No member of the Commission may, whilst the Commission is engaged in the process of ballot validation, simultaneously serve as a leader of a political party. If at any point in the certification process, three of the members of the Electoral Commission agree that one of the members has become unresponsive, they shall notify the King, who shall in turn remove the named individual and appoint as replacement a Magistrate judge of a subordinate court or, should no such Magistrate judge be available, the Commission shall serve as otherwise constituted. (47RZ6)

Section 7

Ballots may be cast via a secure online ballot with a voter receipt. These ballots need not be individually certified by the Commission if, prior to the election, the Commission has verified the reliability of the secure online ballot system and unanimously approved its use with a public vote. (48RZ11)

Section 8

If a voter returns more than one vote, the first one cast is counted and the others are ignored.

Section 9

When the Election Deadline has passed, a final tally of votes is publicly announced. Any votes arriving after the Deadline, even if they were posted before the Deadline, are null and void.



shall be stricken and amended to read:
Section 3

All elections to the Cosa are to be conducted during a period beginning from the fifteenth day of the calendar month following the dissolution of the prior Cosa until 11:59 p.m. on the fourteenth day of the subsequent month. All ballots must be cast by 7:30 p.m. on the first day of the subsequent month. The first day of this period is called "Balloting Day", the first day of the subsequent month is called the "Election Deadline", and the final day of the period is called the "Certification Deadline."

Section 4

The Secretary of State shall, along with an Electoral Commission, certify each election to the Cosa, including any additional ballot items, pursuant to rules, regulations, and deadlines as prescribed by the Ziu; notwithstanding that any such certification must be made following the Election Deadline and prior to the Certification Deadline, unless an order be issued by a court of competent jurisdiction to stay the Certification Deadline.

Section 5

During the election period as defined in this article, the Secretary of State shall in every particular conduct the election according to the election laws in such a manner which affords to every citizen the opportunity to cast a vote for the party of his choice, affords every citizen the opportunity the choice to vote either publicly or privately, and does not discriminate against any party or individual in the collection or tallying of votes. The Secretary of State shall make public the exact procedures by which he will comply with election law, subject to certification by an Electoral Commission as prescribed by law.

Section 6

When the Election Deadline has passed, a tally of votes is publicly announced. Any votes cast after the Election Deadline, are null and void. Furthermore, if a voter returns mor than one vote at any time during the election period, the first one cast is counted and the others are ignored.

Noi urent q'estadra så,
Sir Lüc da Schir (Senator-BE)
Dien Tresplet (Senator-MA)