[DRAFT #4d, I GUESS] Protecting the Right to Vote

[Tinhampton]

Character count: 4,986
Word count: 805

ICly by Lydia Anderson, third-in-line to the post of Delegate-Ambassador, who intends to submit this as soon as plausible while ensuring that it is free from any extremely serious errors around the end of August or beginning of September.

OOC: The official sequel to Fairness in Elections, the submitted version of which was Draft 1 of this proposal (and which is now almost certainly going to be defeated at vote). Thanks to all those involved in the drafting (and at-vote criticism!) of that and of Protecting Convicted Voters. Thanks also to Honeydewistania for suggesting that I include provisions about votes for expatriated prisoners.

OOC 2: On hold due to the Promoting Democratic Stability Act. Below is Draft 4d.

Protecting the Right to Vote
A resolution to increase democratic freedoms.

Category: Furtherment of Democracy

Strength: Strong

Proposed by: Tinhampton

---

Aware that no less than two attempts to replace GA#419 "Voting Equality for Freed Inmates" have been defeated due to various issues which are not present in this resolution, and

Believing that those members which hold elections or referenda should avoid making anyone unable to vote in them simply due to their circumstances...

The General Assembly enacts as follows.

Article 1: Expanding the Franchise

1. Definitions: In this resolution:
   
   1. an "election" is an election for public office or a referendum (whether binding or non-binding) held in a member state, and
   2. a "covered crime," in relation to a person seeking to vote in an election, is any crime other than:
      
      • any war crime,
      • any crime against humanity (including torture, all forms of genocide, and all forms of slave ownership and human trafficking), or
      • a crime involving proven election fraud.
2. Limits on disenfranchisement: Members must ensure that no person within their jurisdiction is prevented (or otherwise unduly restricted) from voting in an election as punishment for a covered crime; or simply because that person is currently being, or has previously been, punished for a covered crime.
3. Non-discrimination: Members are reminded that they must not prevent any person from voting in an election, nor criminalise any person, simply because:
   
   1. that person possesses or lacks any arbitrary or reductive characteristic, except where such prevention is allowed by prior and standing international law (including future international law on preventing minors from voting) or necessary to ensure that those who are not citizens of a particular member state do not vote in elections organised by that member,
   2. that person has expressed opposition to their government in a manner that fully complies with international law,
   3. that person holds any particular job, is generally employed or unemployed, or is a member or a non-member of any trade union, nor simply because
   4. that person is bankrupt or in debt.
4. Good faith compliance: No court or member government may bypass Articles 1b or 1c in relation to any person by any means, including by rescinding their citizenship.
5. Non-coercion: Prisons in member states must protect their inmates from being pressured to vote for or against any option, candidate or list of candidates (or to refrain from voting) by any entity employed by them in a manner that seriously impacts those inmates' judgement at any election.

Article 2: Access to Voting

1. Equal access for inmates: All members choosing to hold elections must provide voting access to prison inmates equivalent to the voting access enjoyed by non-inmates.
2. Constituencies of inmates: Pursuant to Article 2a:
   
   1. members which organise their elections on the basis of constituencies rather than a single nationwide district must ensure that those held in prisons within their jurisdiction vote according to the constituency they lived in when they were convicted, and
   2. prisoners who lived in a particular member when they were convicted, but are now imprisoned in another member, must be allowed to vote according to the nation (and, if required to comply with Article 2b(i), constituency) they lived in when they were convicted.
3. Equal access for disadvantaged non-inmates: Members where elections are organised:
   
   1. must make all polling stations accessible to people with disabilities,
   2. must ensure that all ballot papers given to a voter for an election, and all voter registration forms, are provided in a form which that voter can easily understand,
   3. must allow all persons unable to vote at a polling station on the day of an election, including due to not living in the area that election is being organised for, to request and cast a remote vote for that election,
   4. are encouraged to allow all eligible voters to request and cast remote votes, and
   5. are urged to promote voting among all eligible voters.
4. Non-interference: No third party may interfere with any voter's casting of a vote at an election.
5. Free voter ID: Which forms of identification (ID), if any, must be presented to vote shall be reserved to member states. However, at least one such form must be provided for free on request.
6. Automatic and same-day voter registration: Members which require eligible persons to register before voting must allow them to so register on the day of an election; and when issuing a passport, driving license, or any form of free ID described in Article 2e from that member. Article 2f does not require that any form of ID, except those forms of free ID described in Article 2e, be issued unconditionally and/or on the day it is requested.

Article 3: Disclaimer

This resolution does not mandate that elections be organised in any member state.

[Tinhampton]

PREVIOUS DRAFTS

Draft 3 (3,499 characters; 560 words)

Protecting the Right to Vote
A resolution to increase democratic freedoms.

Category: Furtherment of Democracy

Strength: Significant

Proposed by: Tinhampton

---

Recalling that no less than two earlier attempts to allow prisoners to vote after the repeal of GA#419 "Voting Equality for Freed Inmates" have been defeated due to various issues which are not present in this resolution, and

Believing that those member states which choose to hold democratic elections or referenda should refrain from rendering anyone unable to vote in them simply due to their circumstances...

The General Assembly hereby:

1. defines, for the purposes of this resolution:
   
   1. an "election" as an election for public office or a referendum (whether binding or non-binding), and
   2. a "relevant crime," in relation to a voter seeking to vote in an election in any given member state, as any one of:
      
      • any war crime,
      • any crime against humanity (including torture, all forms of genocide, and all forms of slave ownership and human trafficking), and
      • a crime involving proven election fraud,
2. requires members to ensure that no person within their jurisdiction is prevented (or otherwise unduly restricted) from voting in a election as punishment for any crime other than a relevant crime; or simply because that person is currently being, or has previously been, punished for a crime other than a relevant crime,
3. forbids all member states, all courts of the World Assembly Judiciary Committee, and all courts that may be established by future resolution from bypassing Articles b or d in relation to any person by any means, directly or indirectly, including by rescinding that person's citizenship,
4. reminds member states that they must not prevent any person from voting at any election organised in that member, nor criminalise any person, simply because:
   
   1. that person possesses or lacks any arbitrary or reductive characteristic, except where such prevention is allowed by prior and standing international law (including future international law on preventing minors from voting) or necessary to ensure that those who are not citizens of a particular member state do not vote in elections organised by that member,
   2. that person holds any particular job, is generally employed or unemployed, or is a member or a non-member of any trade union, nor simply because
   3. that person is bankrupt or in debt,
5. requires each prison in member states to protect their inmates from being pressured to vote for or against any option, candidate or slate of candidates (or to refrain from voting) by any entity employed by that prison in all elections in a manner that seriously impacts those inmates' judgement,
6. orders that those members which choose to hold elections provide adequate voting access to prison inmates equivalent to the voting access enjoyed by the non-incarcerated population,
7. clarifies, pursuant to Article f, that:
   
   1. members which organise their elections on the basis of constituencies rather than a single nationwide district shall ensure that those held in prisons within their jurisdiction vote according to the constituency they lived in at the time they were convicted, and that
   2. prisoners who lived in a particular member state when they were convicted, but are now imprisoned in another member, must be allowed to vote according to the country (and, if required to comply with Article g(i), the constituency) they lived in at the time they were convicted, and
8. further clarifies that this resolution does not mandate that elections be organised in any member state.

Draft 2 (4,093 characters; 656 words)

Electoral Equality Act
A resolution to increase democratic freedoms.

Category: Furtherment of Democracy

Strength: Significant

Proposed by: Tinhampton

---

Recalling that no less than two earlier attempts to allow prisoners to vote after the repeal of GA#419 "Voting Equality for Freed Inmates" have been defeated due to various issues which are not present in this resolution, and

Believing that those member states which choose to hold democratic elections or referenda should refrain from rendering anyone unable to vote in them simply due to their circumstances...

The General Assembly hereby:

1. defines, for the purposes of this resolution:
   
   1. an "election" as an election for public office or a referendum (whether binding or non-binding), and
   2. a "relevant crime," in relation to a voter seeking to vote in an election in any given member state, as any one of:
      
      • any war crime,
      • any crime against humanity (including torture, all forms of genocide, and all forms of slave ownership and human trafficking),
      • a crime involving proven election fraud,
      • a crime involving the deliberate killing or injury of other people, successful or not, in order to facilitate a political goal, and
      • a crime involving the overthrow of the government of that member or any of its political subdivisions, subject to Article d(i),
2. requires members to ensure that no person within their jurisdiction is prevented (or otherwise unduly restricted) from voting in a election as punishment for any crime other than a relevant crime; or simply because that person is currently, or has previously been, punished for a crime other than a relevant crime,
3. forbids all member states, all courts of the World Assembly Judiciary Committee, and all courts that may be established by future resolution from bypassing Articles b or d in relation to any person by any means, directly or indirectly, including by rescinding that person's citizenship,
4. reminds member states that they must not prevent any person from voting at any election organised in that member, nor criminalise any person, simply because:
   
   1. that person has provided any support to any association which is critical of the government of any nation or political subdivision (or any of that government's objectives) and which does not call for the removal of that government through means that are violent or otherwise contradict international law,
   2. that person possesses or does not possess any arbitrary or reductive characteristic, except where such prevention is allowed by prior and standing international law (including future international law on preventing minors from voting) or necessary to ensure that those who are not citizens of a particular member state do not vote in elections organised by that member,
   3. that person holds any particular job, is generally employed or unemployed, or is a member or a non-member of any trade union, nor simply because
   4. that person is bankrupt or in debt,
5. requires each prison in member states to protect their inmates from being pressured to vote for or against any option, candidate or slate of candidates (or to refrain from voting) by any entity employed by that prison in all elections in a manner that seriously impacts those inmates' judgement,
6. orders that those members which choose to hold elections provide adequate voting access to prison inmates equivalent to the voting access enjoyed by the non-incarcerated population,
7. clarifies, pursuant to Article f, that:
   
   1. member states which organise their elections on the basis of constituencies rather than a single nationwide district shall ensure that those held in prisons within their jurisdiction vote according to the constituency they lived in at the time they were convicted, and that
   2. prisoners who lived in a particular member state at the time they were convicted, but are now imprisoned in another member state, must be allowed to vote according to the country (and, if required to comply with Article g(i), the constituency) they lived in at the time they were convicted, and
8. further clarifies that this resolution does not mandate that elections be organised in any member state.

[Araraukar]

forbids all member states, all courts of the World Assembly Judiciary Committee, and all courts that may be established by future resolution from bypassing Articles b or d in relation to any person by any means, directly or indirectly, including by rescinding that person's citizenship,

OOC: Is this saying former citizens must still be allowed to vote even if non-citizens were otherwise not allowed to vote?

that person possesses or does not possess any arbitrary or reductive characteristic, except where such prevention is allowed by prior and standing international law (including future international law on preventing minors from voting) or necessary to ensure that those who are not citizens of a particular member state do not vote in elections organised by that member,

And really, ONLY international law? Not, say, a national law saying non-citizens are not allowed to vote? What the hell, woman?

requires each prison in member states to protect their inmates from being pressured to vote for or against any option, candidate or slate of candidates (or to refrain from voting) by any entity employed by that prison in all elections in a manner that seriously impacts those inmates' judgement,

This didn't make sense before; why are prisons allowed to let outsider propagandist in to brainwash the prisoners to vote in a particular manner?

prisoners who lived in a particular member state at the time they were convicted, but are now imprisoned in another member state, must be allowed to vote according to the country (and, if required to comply with Article g(i), the constituency) they lived in at the time they were convicted,

So you're forcing a nondemocratic country to hold another country's elections for them??? WTF?

[Thermodolia]

Against. Just stop. Please for the love of god

[Refuge Isle]

Recalling that no less than two earlier attempts to allow prisoners to vote after the repeal of GA#419 "Voting Equality for Freed Inmates" have been defeated

This is, perhaps, a sign.

[Wallenburg]

Perhaps some time is what this proposal idea needs, rather than another attempt so soon after the last.

[CoraSpia]

In a shocking and highly unexpected twist, the Haven will provide its full support to this proposal.

[Kenmoria]

“Seeing as my issues with the previous draft have been addressed, I find myself obligated to support this, whenever it may be submitted. To avoid nations growing weary of voting on the same matter thrice in succession, however, a period of some time before doing so is advised.”

[WayNeacTia]

Why even bother drafting this? Just submit it now. The outcome will be exactly the same as the last two tries.

[CoraSpia]

Why even bother drafting this? Just submit it now. The outcome will be exactly the same as the last two tries.

What is the issue?

[WayNeacTia]

Why even bother drafting this? Just submit it now. The outcome will be exactly the same as the last two tries.

What is the issue?

Tinhampton is well aware of the issue.

[CoraSpia]

What is the issue?

Tinhampton is well aware of the issue.

So it's just you not liking Tinhampton?

[Wallenburg]

What is the issue?

Tinhampton is well aware of the issue.

Do you have anything to contribute, or are you just going to continue bad-faith attacks against Tinhampton?

[Tinhampton]

This proposal is going nowhere fast, to clarify a particularly prominent concern that has been voiced multiple times in this thread and in the Fairness in Elections thread.

forbids all member states, all courts of the World Assembly Judiciary Committee, and all courts that may be established by future resolution from bypassing Articles b or d in relation to any person by any means, directly or indirectly, including by rescinding that person's citizenship,

OOC: Is this saying former citizens must still be allowed to vote even if non-citizens were otherwise not allowed to vote?

It is saying that member states must not deprive citizens of their citizenship simply because they have committed a crime etc.

Acknowledging the efforts of GA Resolution #454 to prevent debts from inhibiting a citizen's right to vote,

Understanding though brevity is important in many cases, the extreme it was brought to in this resolution was counter productive,

Seeing numerous loopholes in the resolutions that more cruel states could employ, such as, but not limited to... passing legislation revoking the citizenship of a citizen, and thus their right to vote if they are indebted

GA#455 "Repeal "Debtor Voting Rights"" by Nagatar Karamuttu Chettiar, 22nd January 2019

that person possesses or does not possess any arbitrary or reductive characteristic, except where such prevention is allowed by prior and standing international law (including future international law on preventing minors from voting) or necessary to ensure that those who are not citizens of a particular member state do not vote in elections organised by that member,

And really, ONLY international law? Not, say, a national law saying non-citizens are not allowed to vote? What the hell, woman?

Incorrect - consider reading that particular passage in full

requires each prison in member states to protect their inmates from being pressured to vote for or against any option, candidate or slate of candidates (or to refrain from voting) by any entity employed by that prison in all elections in a manner that seriously impacts those inmates' judgement,

This didn't make sense before; why are prisons allowed to let outsider propagandist in to brainwash the prisoners to vote in a particular manner?

Good point - this should be rectified with Draft 3.

prisoners who lived in a particular member state at the time they were convicted, but are now imprisoned in another member state, must be allowed to vote according to the country (and, if required to comply with Article g(i), the constituency) they lived in at the time they were convicted,

So you're forcing a nondemocratic country to hold another country's elections for them??? WTF?

It is the responsibility of the country organising the elections, not the responsibility of the country where the expat lives, to directly/immediately/whateverly facilitate the ability of said expat to vote in the former country's elections.

[Potted Plants United]

OOC: Pretend this is an Araraukar OOC post.

It is the responsibility of the country organising the elections, not the responsibility of the country where the expat lives, to directly/immediately/whateverly facilitate the ability of said expat to vote in the former country's elections.

So how's that going to work? If the person is prisoner in a nation that doesn't have elections of any sort, what's to stop that nation from saying "Lol, no" (only in more diplomatic manner and likely taking up several pages of a diplomatic response) at the election nonsense? Usually voting requires an election official to be present, or for the prisoner to have some privacy in which to draw something on the vote slip. That could be (from the prison staff's POV) an attempt to send illegal communications out of the prison if they're not allowed to check the contents of the envelope (into which vote slips are sealed at least here, if you vote somewhere/somewhen else but on the election day in your designated voting place). So why should they allow a potential security breach just because some other nation still believes in the mass psychosis¹ known as democracy?

That would be close to what an Araraukarian prison supervisor might say, not what I think OOCly. And obviously in IC it'd be dressed up more diplomatically, like I already said. Well, not by the prison supervisor, but by whoever did the translating...

[Herby]

Oy vey. As they say in da hood. Once again we object to allowing those who are incarcerated to vote. Those in prison are there for a reason and have forfeited their freedoms and we ain’t gonna let them out on a furlough just so they can vote.

[Trellania]

"Given that we are an absolute monarchy with all positions appointed by the Crown, a representative of the Crown, or nobility... What reason would we have for voting in favor of this?" Dame Allania Trueblood asked. "I do not see the point in interfering in the governance of other nations and would be tempted to vote no for that reason. But given the nature of this assembly, I leave myself open to considering other stances."

[Kenmoria]

"Given that we are an absolute monarchy with all positions appointed by the Crown, a representative of the Crown, or nobility... What reason would we have for voting in favor of this?" Dame Allania Trueblood asked. "I do not see the point in interfering in the governance of other nations and would be tempted to vote no for that reason. But given the nature of this assembly, I leave myself open to considering other stances."

“Your reasons for voting in favour, as a nation which would be largely unaffected, are mainly to do with promoting goodwill on the international stage, hence building a positive reputation, along with the minor ethical boons. This is effectively a proposal about equality, which is often stated to be the bedrock of modern society.”

[Trellania]

"After some consideration, and some reading of the legislative history, the best I can determine is that the majority of the opposition to this is not opposition to the proposal itself, but to the nation behind it.

"Setting aside the issue of personal opinions, I see no issues with the legislation as written beyond those I have already stated.

"Given I have no counterargument to the excellent point by the ambassador of Kenmoria, I will support this legislation if it goes up for vote."

[Bananaistan]

"Given that we are an absolute monarchy with all positions appointed by the Crown, a representative of the Crown, or nobility... What reason would we have for voting in favor of this?" Dame Allania Trueblood asked. "I do not see the point in interfering in the governance of other nations and would be tempted to vote no for that reason. But given the nature of this assembly, I leave myself open to considering other stances."

“Your reasons for voting in favour, as a nation which would be largely unaffected, are mainly to do with promoting goodwill on the international stage, hence building a positive reputation, along with the minor ethical boons. This is effectively a proposal about equality, which is often stated to be the bedrock of modern society.”

“See here fellow ambassadors and delegates laid bare the intentions of supporters of this nonsense. How about the whole lot of you butt out of the internal affairs of democracies and cease actively inviting backward hellholes to dictate to us how we vote?

“The intellectual inconsistency required to state that some dictatorship can build goodwill by sticking its oar in is astounding.”

[Daarwyrth]

Maria vyn Nysen sighs deeply, her expression troubled. "The arguments which the delegation from Bananaistan has been putting forward are of a convincing nature, yet at the same time this proposal aligns with the ideals that Daarwyrth has embodied as a democracy since 1848. We have witnessed the progression of this particular subject over the course of two proposals at vote so far, and I must say that the delegation of Tinhampton has been outdoing themselves to try to address all the concerns," she pauses in contemplation for a moment, then nods curtly. "No, our delegation has no grounds to oppose this proposal. When it comes to a vote, it will receive our support, Delegate-Ambassador Smith."

[Hannasea]

"Here is my suggested redraft:"

The World Assembly,

Wanting to establish electoral equality:

1. Requires that everyone have the right to vote.

Daniella Russel, MA PhD
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly

[Bananaistan]

Maria vyn Nysen sighs deeply, her expression troubled. "The arguments which the delegation from Bananaistan has been putting forward are of a convincing nature, yet at the same time this proposal aligns with the ideals that Daarwyrth has embodied as a democracy since 1848. We have witnessed the progression of this particular subject over the course of two proposals at vote so far, and I must say that the delegation of Tinhampton has been outdoing themselves to try to address all the concerns," she pauses in contemplation for a moment, then nods curtly. "No, our delegation has no grounds to oppose this proposal. When it comes to a vote, it will receive our support, Delegate-Ambassador Smith."

"I note that the general principle of this being a voting charter for murderers, rapists and kiddy fiddlers has not been addressed here."

[Daarwyrth]

"I note that the general principle of this being a voting charter for murderers, rapists and kiddy fiddlers has not been addressed here."

Maria vyn Nysen sighs again, visibly torn. "The ideal of giving everyone the right to vote looks pretty from the outside, but has several pockets of worms when examined from the inside," she pursed her lips and remained silent for a moment. "Delegate-Ambassador Smith, couldn't the crimes the delegation of Bananaistan mentioned be worked into the definition of a "relevant crime"? Or perhaps a step further: any crime that significantly violates the morals of a society? Or of civilised society? Or "the morals upheld by this august body"?"

[Trellania]

"I note that the general principle of this being a voting charter for murderers, rapists and kiddy fiddlers has not been addressed here."

"Despite being from a 'backwards hellhole' that is considering 'dictating to you how you vote,' I am curious to see what the delegate from Tinhampton has to say about this.

"Though, ambassador, I will note the only thing keeping me from supporting this in all forms just to watch you foaming at the mouth at some 'dictatorship building goodwill by sticking its oar in' is my oath to my Queen as a knight and the very serious ramifications that would befall me should I betray it. How interesting, then, that the very qualities of my nation you detest are the ones that make me more inclined to hear the answer to your charge. What great irony it is."