We have a situation where the CDS does not have enough candidates for the 34th term of the RA to fill the Constitutionally specified number of seats. We need to resolve this according to the Constitution and Code of Laws. While there are procedures addressing by-elections, they only partially address the situation we find ourselves in right now. Below I have copied the section of the Constitution and also CDSL 20-02 By-Election Procedures Act, and CDSL 32-1 Election Bill (STV Quota). While the SC can call for a by-election, the procedures as currently written would require us to either use the census from the end of July or wait for the end of January census, neither of which is ideal for a by-election to fill an under-filled term before it begins or shortly thereafter. To address our situation legally, we need to review the current laws and I believe recommend an amendment to cover a situation when there are insufficient candidates during a scheduled election which then require us to hold a by-election. Please read these and comment.
The Constitution, Article I - The Representative Body, Section 2
The number of representative seats in the RA is equal to five.
In each RA election, voters shall select from among the candidates using Single Transferable Voting (a ranked voting method).
Vacancies in RA positions will be filled by by-election administered on a schedule set by the Scientific Council consistent with other applicable CDS law.
CDSL 20-02, By-Election Procedures Act
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 By-elections:
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.
CDSL 32-1 Election Bill (STV Quota)
The CDS Constitution specifies that the electoral system will use the Single Transferable Vote method to allocate seats to the Representative Assembly following an election. The CDS will use the ‘Droop quota’ to determine the minimum number of votes a candidate needs in order to be elected.
Droop quota is understood to mean: without the decimal part.
In the event that the number of declared candidates for the Representative Assembly is equal to the number of seats, the declared candidates shall be acclaimed into office without a campaign period or polling.
In a case where the number of candidates declared for the Representative Assembly is less than the number of seats, the Scientific Council may call for a by-election in an attempt to fill any available seat(s). Seats that remain open after one by-election shall remain vacant for the balance of the term.