Electoral Code

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Electoral Code Establishment (and Reform) Act 2018
Coatofarms.png
Central Committee
An act to consolidate, reform and strengthen electoral regulation. An act to ensure that all candidates in elections follow common sense guidelines, and that votes are democratic.
Citation LA2DA23
Date passed July 12, 2018
Date signed July 13, 2018
Signed by Tarrin Kael
Date commenced July 13, 2018
Administered by Administrative Council
Introduced by Lewis Flood
Related legislation
Electoral Conduct Act 2016
Elections Act 2016
Summary
Reforms the current electoral legislation, and folds existing acts into one code.
Status: Current legislation

Electoral Code Establishment (and Reform) Act 2018

An act to consolidate, reform and strengthen electoral regulation. An act to ensure that all candidates in elections follow common sense guidelines, and that votes are democratic.

Now, therefore, BE IT ENACTED by the order of the glorious Constitution of this People's Republic, by and with the advice and consent of the democratically elected representatives of the Central Committee, in holding the public mandate, in this present committee assembled, and by the authority of the same, as follows-

Article I - Short Title

(1) This act may be cited as the “Electoral Code”

Article II - Definitions

(2) “Principal Act” refers to the act here presented.

(3) “Code of Conduct” & “Conduct” shall refer to the provisions of Article III.

(4) “Poll” shall refer to government mandated polls in which all citizens of The Communist Bloc may vote.

(5) “Appropriate body” shall refer to the bodies assigned in Article V.

(6) “Official TCB social media or outlets” shall refer to Twitter, the News & Announcements page, the World Factbook, the Announcements channel in Discord and any government mandated news source.

(7) “Spam” is defined as the excessive use of similar messages on the same or different threads.

(8) “Standing period” shall be defined as a period of time in which candidates may stand for election.

(9) "Voting period" shall be defined as a period of time in which citizens may cast their vote in an election.

(10) “Judiciary” shall refer to the body granted Judicial power by the Constitution.

(11) “Administrative Council” shall refer to the body established in the Administrative Affairs Act 2017.

Article III - The Code of Conduct

(12) No candidate may openly accuse any other candidate of lying, cheating, fraud or any other crime without first submitting a complaint to the appropriate body and waiting on their decision.

(13) If any candidate or citizen feels that a candidate has committed a crime or breached this Code of Conduct, they are to report it to the appropriate body immediately.

(14) No candidate may use official TCB social media or outlets to promote their campaign.

(15) No candidate may insult other candidates or citizens for any reason; they must criticize policy, activity, previous actions and experience in a constructive manner.

(16) No candidate, or supporter of a candidate, shall threaten to take forum action against another candidate without sufficient proof and consulting the appropriate body. In the case of admin staff banning a candidate suddenly, a valid reason must be presented to the Judiciary.

(17) Candidates should not spam anywhere on the forum, excluding their own campaign thread, to promote their campaign.

(18) Candidates may be members of bodies that oversee elections, but if said body must rule on a case involving themselves or a member of their political party then the candidate shall recuse themselves from the ruling.

Article IV - Electoral Bodies and Regulations

(19) The Administrative Council shall oversee the opening, management and voting threads of all polls.

(20) For elections to the Central Committee, for the General Secretary (and their Deputy) and the Judiciary the standing period shall last 7 days. By-elections to the Central Committee and Judiciary shall have a standing period of 3 days.

(21) For all polls, the voting period shall be 48 hours.

(22) For all polls, assuming the technical ability exists, the results shall not be visible before polls close to any party. The identities of votes shall not be visible to any party, excluding to Administrators with web access and the Judiciary during open cases. The way that a citizen voted may not be revealed, under any circumstance.

(23) All electoral voting periods, except by-election or emergency elections, shall commence on the 15th day of the month of an election.

(24) Following the conclusion of elections, the Administrative Council shall announce the names of all candidates who were victorious.

(25) For elections to the Central Committee, the candidates with the highest number of votes, equal to the number of open seats, shall be elected.

(26) In Central Committee elections, in the event of a tie for the final seat, the tied candidates shall proceed to a runoff election.

  • (i) The candidate with a number of votes greater than or equal to a majority of 50%+1 shall be declared elected. In the event no candidate receives more than 50% of the votes cast, the candidate with the lowest number votes shall be eliminated, and a new runoff election shall occur with the remaining candidates.
  • (ii) In the event a runoff election results in a tie, another runoff election with the same candidates shall occur.
  • (iii) Runoff elections shall have no standing period, and the voting period shall last for 48 hours. Runoff elections must begin within 1 day after the closing of the previous round.

(27) For elections for General Secretary and their Deputy, the candidate with a number of votes greater than or equal to a majority of 50%+1 shall be declared elected. In the event no candidate receives more than 50% of the votes cast, all candidates apart from those two with the most votes shall be eliminated and a new runoff election shall occur with the remaining candidates. Should the remaining candidates be tied, no candidate shall be eliminated, and the runoff will proceed with the same candidates.

  • (i) Runoff elections shall have no standing period, and the voting period shall last for 48 hours. Runoff elections must begin within 1 day after the closing of the previous round.

(28) Should vacancies arise on the Central Committee, the Administrative Council shall announce a by-election to the Central Committee, with the seats open to election being equal to the number of vacancies on the Central Committee.

(29) During the standing period for the position of General Secretary and their Deputy, the following restrictions shall apply to sign ups:

  • (i) Candidates may only run for one of the positions listed above, with those who run for both having their most recent sign up counted.
  • (ii) The incumbent General Secretary may run for either position, however in an emergency election for Deputy General Secretary the incumbent General Secretary may not run.
  • (iii) The incumbent Premier may not run for the position of Deputy General Secretary.

(30) Any regulation not explicitly outlined here may be made by the Administrative Council during the management of elections.

Article V - Enforcement of Electoral Regulation

(31) All breaches of the Code of Conduct shall be reported to the Administrative Council.

(32) The Administrative Council shall act as summary arbitrators in electoral Conduct cases, and thus as the appropriate body.

  • (i) Members of the Administrative Council may not use banners, or text that links directly to, their campaigns in their signatures, nor in any forum thread outside of their own campaign thread.

(33) Any member of the Administrative Council may issue warnings to candidates for breaching electoral Conduct, which in turn may be overturned by the Head Administrator or the Judiciary.

(34) Warnings shall be issued for the first and single offences, and may be levied as outlined in the previous section. Warnings shall apply for 30 days once issued, unless a shorter time is defined by the appropriate body.

(35) Failure to heed warnings, in breaching the Code of Conduct twice or more, may lead to disqualification being issued by the Administrative Council by a majority vote. Further, multiple offences may lead to disqualification from holding public office for up to three months. Either decision may be appealed to the Judiciary.

(36) If a candidate, after being successfully elected, is found to have breached the Code of Conduct such that they may be disqualified, then the case shall automatically be heard by the Judiciary. If the candidate is found to have breached the Code of Conduct twice or more then they may have their win rendered null and void, and the candidate with the next most votes declared the winner.

(37) No member of either the Judiciary or the Administrative Council may, in public or private, make threats to candidates such that they would face action from said bodies. All cases of Conduct breaches must be dealt with in the manner established.

(38) The Administrative Council may add and modify the Code of Conduct through the use of Administrative Orders, with orders that do being subject to review by the Central Committee.

Article VI - Repeals, Amendments and Further Electoral Law

(39) LA2DA2 “Elections Act 2016” is hereby rendered null and void in its entirety.

(40) LA2DA4 “Electoral Conduct Act 2016” is hereby rendered null and void in its entirety.

(41) Executive Order 15 is hereby rendered null and void in its entirety.

(42) The Central Committee shall, while the principal act is in effect, prioritise amending and appending to the principal act over the creation of any separate electoral legislation.

Article VII - Schedule

(43) The principal act shall commence upon passing the Central Committee and on the reception of the General Secretary’s signature.

(Written and proposed by Lewis Kuznetsov-Flood)