It was hard for me to shed some light on the confusion of the current, ongoing elections, mostly because so much of it was shrouded in rumour and private communications/notecards/emails; while official statements were sparse and incomplete, and often told a different story. My whole purpose of stirring up the community was to force some people to come up with public statements about their view of the issue, support their views, argue with others, accept or contradict opinions, and so forth, in order to come up with some solutions — that's participative open debate, another of the many pillars of democracy
So, taking into account a lot of things that were publicly said, it's now a bit clearer for me that any "solution" to this problem requires cutting at the root: addressing the citizenship validation before elections start. And for an insight on what has to be done, I'm forever grateful to Sudane's clarification. To quote her on the crucial issue here:
Sudane Erato wrote:The citizenship qualification laws are a mass of contradictions, exacerbated in this cycle by the incorrect qualification dates posted by one of our esteemed citizens.
She continues explaining that a lot of the procedures happening quietly on the backstage are mostly traditional and not clearly set on legislation. This also explains, for example, why Tor can legitimately claim that the Executive is not bound to make sure the voting booths are out in time.
Roughly speaking, I think that we can resume the issues to roughly the following key points:
Who is a citizen?
Who is allowed to vote?
Who is allowed to get elected?
Who validates all the above?
What are the dates related to the election process?
Who oversees the technical implementation of the voting system?
Who oversees the procedures during election, and how are they overseen? (i.e. nomination for candidacy; campaigning; actual election process)?
Who announces the results (i.e. validating the election results and confirm that they're correct?
How (and when) are irregularities identified and corrected?
I think it can be helpful at this stage to look for similes in the real world, where obviously all those points require to be addressed. To simplify the issue, I'm not going to use a real country as an analogy, but merely an association (say, a not-for-profit) with members who elect their own Board of Directors, and where each and every member has both a vote and the right to get elected.
In that scenario,
There is a membership list, maintained by a secretary or similar function in the organisation.
In order to vote or get elected, members have to pay their membership fees and owe nothing to the organisation. A treasurer usually keeps a record of who has paid the fees and who has not.
One of the official organs of the organisation will have the task to set the dates for the next election, notify members to accept candidacies, and validate the procedure. Depending on the organisation, this task might be set up by a General Assembly of all members, the Board itself, or a special Election Committee (I have at least seen all those possible solutions). Sometimes the whole procedure is simply a routine, set up in the Charter, and a secretary just goes through the list.
When voting, members are usually validated simply by checking marks on a "member roll" which reflects their current status. On Internet-based organisations, of course, this is far easier to do: either you have a login/password which allow you to vote, or you haven't (meaning that you owe the organisation some fees; your membership was not accepted; or you have been expelled as a member.
Irregularities can be dealt with either by the Board or the General Assembly, usually by petition or similar mechanism. In general, however, for small organisations there will be few irregularities — mostly related to someone who did, indeed, pay their fees but for some reason wasn't listed by the treasurer or the secretary on the member roll.
This seems pretty straightforward to me.
Now part of the mess comes from being very, very hard to know who is a citizen and who isn't; and among the valid citizens, who have a right to vote and get elected, and who haven't either (or both) of those rights. Originally, of course, things were pretty easy: if you owned land in the CDS and were not delinquent in paying the monthly fees related to the land ownership, then you could vote and get elected.
At some stage, however, we hopelessly confused everything by noting that some citizens didn't actually own land, but their group did own land on their behalf. And thanks to that "loophole", it was pretty easy to add cartloads of new group members (some being alts, some being genuinely different people), none of which would pay a single cent to the CDS treasury, but all of theme earning the right to vote and get elected. This pushed us to create the 28-day-rule and complicate the CDS citizenship to the point that we came up with the complex and almost-impossible-to-read CDSL 13-10 Citizenship Bill.
Furthermore, at some stage, the RA simply set the dates of the next elections, based on a complex mathematical formula expressed on the Constitution. Since originally there was just one election day, the formula was not hard to figure out. But the many laws around the formula calculations and the citizenship requirements diverged over the years, as they were independently addressed, and this means that it became harder and harder to interpret; several commissions dealt with the issue in the past and proposed increasingly more complex solutions to make sure that the legislation was more inclusive, didn't discriminate among the many different "types" of citizens, and was more reliable and less prone to discussion about dates and requirements. This is why, for instance, the description of the procedures for electing a Chancellor are easier to read and simpler to follow.
Nevertheless, while we start having a glimpse about a clear way to define dates, the whole procedure in itself has several stages, some technical, some administrative, and some of overseeing. Those roles are implied but not codified in law; or, when they are, they are often ambiguous.
So in an attempt to clarify the whole procedure, I propose the following three bills. The first is to supersede CDSL 13-10:
Bill #1: Citizenship Establishment
Preamble
CDSL 13-10, Citizenship Bill, attempted to define more precisely the link between citizenship and land established as a fundamental principle in the Constitution of the Confederation of Democratic Simulators (CDS) in its Article VI – Citizenship, by establishing guidelines on how to incorporate the citizenship grant made to citizens who used previous laws to become citizens without a direct relationship with land ownership.
However, in subsequent events, it was made clear that the extraordinary amount of legislation covering all possible cases for citizenship complicated the establishment of an official List of Citizens as per the requirements of NL 5-15, Citizen Information Act. As a result, this list is rarely updated and requires individual validation of each and every member on the list.
Therefore, this bill provides a new and easier method to validate citizenship by keeping to the guidelines set forth in the Constitution.
1. "Granting title to land" is henceforward defined as being listed as the sole proprietor of a parcel of land, as shown by the About Land tool (or whatever technological feature of the official Second Life Viewer shows the ownership of a parcel).
2. Citizens have full rights and duties at the moment the land sale for their first parcel owned in the CDS is completed.
3. Citizens have limited rights — but full duties — if they default on payments. Specifically, the right to vote and to be elected is temporarily suspended until proof of non-delinquency is confirmed by the Treasury.
4. Private land can optionally be set (but not deeded) to any group, but that does not entitle any member of the group a grant to the title of the land. Mistakenly deeded land should be reverted, optionally with the assistance from the Estate Owner or any similar role with the appropriate land management powers.
5. Public land, or land owned by organisations incorporated in the CDS, can be deeded to a group. As per the previous article, this does not grant members of the group any title to the land.
6. "Sponsored locations" in the terms previously defined under CDSL 13-10 are abolished. Land set or deeded to groups under the provision of CDSL 13-10 will revert to public land status and claimed by the appropriate land management group set by Government for the region.
7. Membership in any "waiting list" for acquisition of a first parcel in the CDS, to be sold by Government as soon as new regions or parcels are opened for sale, does not confer citizenship status to those members, since it does not effectively confer grant title to land, but only manifests the intention of such entitlement.
8. Citizenship status is deemed to be active as long as monthly tier fees are fully paid, according to the principles established elsewhere (see also NL 7-6, Land Sale Reform Act).
9. Any citizen that loses their citizenship status due to the revocation of CDSL 13-10, on the date this bill is ratified by the Scientific Council is encouraged to purchase a parcel of land in the CDS and shall be entitled to a waiver of the land ownership/transfer cost, only in the case that the parcel bought is the property of the CDS Government, and only for the first parcel purchased under this provision.
10. Citizens losing their status due to the revocation of CDSL 13-10, when buying their first parcel of land in the CDS, will have priority in applying for any paid Civil Service role (under the provision of NL 5-7, Civil Service Act, and subsequent legislation and regulamentation), in case any such new role is announced or an existing role has a vacancy, provided that the candidate has the adequate competences and skills required to apply for that role.
11. The Executive, and more specifically the Estate Owner or any equivalent Civil Service role responsible for complying with NL 5-15, will endeavour to keep the Citizen List up to date, as per the requirements in NL 5-15, by automating the process as much as possible.
Bill #2: Citizenship membership publication for election purposes
Preamble
In previous terms, the risk of a large amount of Second Life residents suddenly acquiring title to a land in the Confederation of Democratic Simulators (CDS) in order to swing the vote towards a candidate, and immediately abandoning their title to the land afterwards, encouraged legislators to establish a rule that only citizens which held the title to their land for over 28 days were allowed to vote and be elected. However, due to the complexities of the electoral calendar, the validation of that requirement was unnecessarily complicated.
Similarly, NL 5-15, Citizen Information Act, was a mechanism to adequately provide citizens and the election overseeing agencies (namely, the Scientific Council) with a way to publicly validate any resident claims to a title to land in the CDS, and therefore being a full citizen. Such a list has traditionally been hard to obtain, even though NL 9-3, Land Sales Listing Improvement Act, improves upon it.
Since NL 5-15 mandates that the list is published at least once every month, this bill mandates the following:
1. The Citizen List shall be published by the CDS Executive Branch, through either an automated system under the responsibility of the Estate Owner or such similar role with equivalent administrative and technical powers, one week before the last day for candidates to announce themselves for an upcoming election, through the mechanisms stipulated in NL 5-15, NL 9-3 (3 a), or any subsequent legislation which establishes alternative methods.
2. The Citizen List shall contain the avatar names of all citizens holding a title to land in the CDS and therefore entitled to vote and be elected, and that are not delinquent in the payment of their land fees. Optionally, and as per the Executive Branch discretion, a list of the delinquent citizens may be presented to the other Government branches upon request.
3. Nobody outside the published list shall be entitled either to vote of to be elected in an upcoming election, subject to appeals to the Scientific Council (in the case of list compilation mistakes or unaccounted payments made in time).
4. This bill revokes the need for citizens to have been granted title to land in the CDS for 28 days before they are allowed to vote or be elected.
5. This bill applies to all elections and by-elections of Government members, representatives, or any official polling act called by any of the Government Branches (such as referenda or public consultation) that may have legislative power.
6. This bill does not revoke any other right of citizens, specifically NL 5-21, Citizen Involvement Act, or any public contest without the force of legislative power, such as proposing a new theme for an upcoming region to be publicly opened, redesigning the CDS official presence, or similar non-legislative acts.
Bill #3: Election calendar and election responsibilities
Preamble
Calculation of the election dates and administrative procedures before an election has taken place has been a source of conflict, as different legislation apply different criteria, often requiring a pronouncement of the Scientific Council to clarify the procedure. Past Election Commissions have attempted to uniformize the language and clarify the procedures, but in several cases, proposals have failed to pass, keeping ambiguous and often contradictory definitions in place which require clarification on each election.
Similarly, in some cases, the legislation is not clear about which Government Branch is responsible for each of the many steps during the election calendar.
This bill proposes an uniform method for establishing the election calendar for any voting act in the CDS and to delegate responsibilities.
1. The election calendar shall henceforward be the following:
Four weeks before Election Day - Publishing of the Citizen List with valid citizens that can be nominated as candidates and vote in the upcoming elections, as established by [insert Bill #1 number]
Three weeks before Election Day - End of candidacy period.
Three weeks before Election Day plus one day - Scientific Council publishes List of Candidates for the upcoming elections. Appeals can be made to the Scientific Council, which is mandated to answer to them until campaigning begins.
Two weeks before Election Day - Campaigning begins
One week before Election Day - Executive Branch places voting booths on the designated Election Points (one per region). Voting system is configured with the Citizen List and the List of Candidates. Scientific Council replies to any complaints regarding the campaigning.
Election Day - Voting booths close. The system is configured not to allow any more citizens to vote.
Election Day plus one day - Scientific Council announces election results. Booths are removed from the Election Points by the Executive Branch. Scientific Council accepts appeals to the results and is mandated to answer them until the Beginning of Term.
Election Day plus one week - Newly elected candidates, as validated by the Scientific Council, are administered the oath of upholding the Constitution and Code of Laws of the CDS.
2. Terms for the Representative Assembly and Executive, Election Day, Beginning of Term, and precise hours of opening and closing the booths for voting are established by the Constitution and other applicable legislation. Terms otherwise unspecified (such as by-elections) shall take the above election calendar deadlines into account.
3. "Election Day" is defined as the last day of the election period when the booths close, using the timezone shown by the Second Life Viewer (currently Pacific Standard Time or Pacific Daylight Savings Time).
4. This bill applies to all elections and by-elections of Government members, representatives, or any official polling act called by any of the Government Branches (such as referenda or public consultation) that may have legislative power. Other polling acts (e.g. voting on a region theme) may optionally follow the same calendar guidelines to provide consistency across the CDS.
5. Placement of the voting booths (or similar devices for polls) and overseeing the campaigning billboards or similar signs is the responsibility of the Executive Branch (even for Executive elections and by-elections).
6. Overseeing the conformity to all applicable legislation, including, but not limited to, Citizenship membership publication ([insert bill #1 number here]), campaigning (CDSL 13-09, Campaigning Act), the election calendar (this bill), and the voting procedures is the sole responsibility of the Scientific Council, which is also mandated to reply to any appeals and requests for clarification within the time limits established by the calendar.
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Please comment and make suggestions. Obviously, the three bills are meant to be approved together... or else we will fall back to a similar situation as before, where partial legislation approvals sadly left inaccuracies and contradictions in the legislative texts.