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[DRAFT] Repeal: “Promoting Democratic Stability Act”

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Hulldom
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[DRAFT] Repeal: “Promoting Democratic Stability Act”

Postby Hulldom » Sat May 21, 2022 8:26 pm

Target: GAR#579 “Promoting Democratic Stability Act”

After talking it over with IA, I’ve decided to go with the preemptive repeal. Yes, I’m aware Tin is trying her hands at it too. That being said, I’m not letting someone snipe a repeal of my thing when I’m in a reasonable position to do it. That being said, let’s try to make this one snappy so I can move on to a replacement.

The General Assembly,

Cognizant of the need to ensure democratic freedoms in nations adhering to that ideology and promote nascent democracy where it is emerging,

Aware of one such resolution that assisted with such a need in [resolution=GA#579]GA# 579: Promoting Democratic Stability Act[/resolution],

Regretting that the resolution has several flaws and earnestly needs repeal, finds the following:
  1. Clause 2(c) restricts nations from enforcing compulsory voting schemes. Given that nations may not discriminate against a person “for not casting a vote”, this clause indirectly renders compulsory voting schemes unenforceable.
  2. The non-exhaustive list of classes and clauses protected under clause 2(d) allows for nations to restrict the franchise on the basis of characteristics which are not immutable, thereby having World Assembly sanction to reduce democratic freedoms under title of not limiting the franchise due to “some immutable characteristic”.
  3. Clause 6 potentially runs into a question of unenforceability as the blanket declaration that the Office of Electoral Administration “must investigate allegations of voter intimidation, voter fraud, and other fraudulent or dishonest practices” does not detail upon what basis that complaints shall be considered valid.

Therefore finding the resolution in question wholly unsatisfactory,

Hereby Repeals [resolution=GAR#579]Promoting Democratic Stability Act[/resolution].
Last edited by Hulldom on Sun May 22, 2022 8:17 pm, edited 5 times in total.
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The Forest of Aeneas
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Postby The Forest of Aeneas » Sat May 21, 2022 8:29 pm

Ambassador Cecilia Maro. 'As I said to the Ambassador from Tinhampton not long before now, the Forest of Aeneas believes that a ban on forced voting is beneficial. However, we support this repeal.'
Last edited by The Forest of Aeneas on Sat May 21, 2022 8:29 pm, edited 2 times in total.
=> World Assembly Ambassador Cecilia Maro, author of GA#611.

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Hulldom
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Postby Hulldom » Sat May 21, 2022 8:31 pm

The Forest of Aeneas wrote:Ambassador Cecilia Maro. 'As I said to the Ambassador from Tinhampton not long before now, the Forest of Aeneas believes that a ban on forced voting is beneficial. However, we support this repeal.'

JLM: “Surely the ambassador from The Forest of Aeneas would realize that such a thing would likely fall afoul of the ideological ban rule, no?”
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Minskiev
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Postby Minskiev » Sat May 21, 2022 8:33 pm

I would add that the target only applies to national elections when it arguably should also cover local elections

Edit: this is patently false and I don't have the slightest clue when I was led to think this
Last edited by Minskiev on Sat May 21, 2022 8:33 pm, edited 1 time in total.
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The Forest of Aeneas
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Postby The Forest of Aeneas » Sat May 21, 2022 8:33 pm

Hulldom wrote:
The Forest of Aeneas wrote:Ambassador Cecilia Maro. 'As I said to the Ambassador from Tinhampton not long before now, the Forest of Aeneas believes that a ban on forced voting is beneficial. However, we support this repeal.'

JLM: “Surely the ambassador from The Forest of Aeneas would realize that such a thing would likely fall afoul of the ideological ban rule, no?”

'GA#579 does so, so evidently not.'

OOC: Why would it? Banning forced voting is not a ban on democracy, after all. Sorry if this sounds snarky, but if forced-voting-democracy-ism is protected by the ideological ban rule, is oligarchic-democracy-ism also protected by the same, despite GA#579?
Last edited by The Forest of Aeneas on Sat May 21, 2022 8:35 pm, edited 2 times in total.
=> World Assembly Ambassador Cecilia Maro, author of GA#611.

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Postby Bears Armed » Sat May 21, 2022 8:36 pm

Hulldom wrote:
The Forest of Aeneas wrote:Ambassador Cecilia Maro. 'As I said to the Ambassador from Tinhampton not long before now, the Forest of Aeneas believes that a ban on forced voting is beneficial. However, we support this repeal.'

JLM: “Surely the ambassador from The Forest of Aeneas would realize that such a thing would likely fall afoul of the ideological ban rule, no?”

OOC: It wouldn't. As long as you neither make elections themselves compulsory nor forbid them altogether (nor, in my opinion -- which might not be shared by all of the other GenSec members -- try to specify whether or not they can/must be multi-party) precedent says that you're allowed to regulate them.
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Hulldom
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Postby Hulldom » Sat May 21, 2022 8:38 pm

Bears Armed wrote:
Hulldom wrote:JLM: “Surely the ambassador from The Forest of Aeneas would realize that such a thing would likely fall afoul of the ideological ban rule, no?”

OOC: It wouldn't. As long as you neither make elections themselves compulsory nor forbid them altogether (nor, in my opinion -- which might not be shared by all of the other GenSec members -- try to specify whether or not they can/must be multi-party) precedent says that you're allowed to regulate them.

Huh, interesting. I wouldn’t want to ban such a scheme (compulsory voting) even if I think it ridiculous in practice.
Minskiev wrote:I would add that the target only applies to national elections when it arguably should also cover local elections

Edit: this is patently false and I don't have the slightest clue when I was led to think this

A clause mentions “national, regional, and local…”. So between my Ministerial micromanagerial brain and something down the line, we got there!
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Honeydewistania
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Postby Honeydewistania » Sat May 21, 2022 8:53 pm

What’s the difference between this and Tinhampton’s repeal?


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Hulldom
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Postby Hulldom » Sat May 21, 2022 8:55 pm

Honeydewistania wrote:What’s the difference between this and Tinhampton’s repeal?

Clarity, I’d like to think mine is a bit clearer.

I focus on clause 3, she does not.

Perhaps her’s is “more extensive”, but if the resolution is so flawed, merely highlighting the most egregious faults should more do than the job.
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Imperium Anglorum
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Postby Imperium Anglorum » Sat May 21, 2022 10:02 pm

Hulldom wrote:
Honeydewistania wrote:What’s the difference between this and Tinhampton’s repeal?

Clarity, I’d like to think mine is a bit clearer.

I focus on clause 3, she does not.

Perhaps her’s is “more extensive”, but if the resolution is so flawed, merely highlighting the most egregious faults should more do than the job.

I feel shorter repeals that are more to the point ought to be preferred.

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Honeydewistania
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Postby Honeydewistania » Sun May 22, 2022 1:05 am

Hulldom wrote:
Honeydewistania wrote:What’s the difference between this and Tinhampton’s repeal?

Clarity, I’d like to think mine is a bit clearer.

I focus on clause 3, she does not.

Perhaps her’s is “more extensive”, but if the resolution is so flawed, merely highlighting the most egregious faults should more do than the job.

Okay, so why not make these suggestions in her thread instead of writing a whole competing repeal?


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West Barack and East Obama
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Postby West Barack and East Obama » Sun May 22, 2022 2:37 am

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Postby Fachumonn » Sun May 22, 2022 2:50 am

Honeydewistania wrote:
Hulldom wrote:Clarity, I’d like to think mine is a bit clearer.

I focus on clause 3, she does not.

Perhaps her’s is “more extensive”, but if the resolution is so flawed, merely highlighting the most egregious faults should more do than the job.

Okay, so why not make these suggestions in her thread instead of writing a whole competing repeal?

My thoughts are the same.


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Anne of Cleves in TNP
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Postby Anne of Cleves in TNP » Sun May 22, 2022 5:07 am

Hulldom wrote:Target: GAR#579 “Promoting Democratic Stability Act”

After talking it over with IA, I’ve decided to go with the preemptive repeal. Yes, I’m aware Tin is trying her hands at it too. That being said, I’m not letting someone snipe a repeal of my thing when I’m in a reasonable position to do it. That being said, let’s try to make this one snappy so I can move on to a replacement.

The General Assembly,

Cognizant of the need to ensure democratic freedoms in nations adhering to that ideology and promote nascent democracy where it is emerging,

Aware of one such resolution that assisted with such a need in [resolution=GA#579]GA# 579: Promoting Democratic Stability Act[/resolution],

Regretting that the resolution has several flaws and earnestly needs repeal, finds the following:
  1. Clause 2(c) restricts nations from enforcing compulsory voting schemes. Given that nations may not discriminate against a person “for not casting a vote”, this clause indirectly renders compulsory voting schemes unenforceable.
  2. The non-exhaustive list of classes and clauses protected under clause 2(d) may allow for nations to restrict the franchise on the basis of characteristics which are not immutable, thereby having World Assembly sanction to reduce democratic freedoms under title of not limiting the franchise due to “some immutable characteristic”.
  3. The broad catchment of “fraudulent or dishonest practices” in clause 3 provides little clarity for election commissioners. In its vagueness, and given the lack of previous legislation on either matter, elections officials in member states unintentionally have the ability to declare just about any practice “fraudulent or dishonest” and impede the democratic process duly.
  4. Clause 6 potentially runs into a question of jurisdiction and unenforceability as the blanket declaration that the Office of Electoral Administration must “must investigate allegations of voter intimidation, voter fraud, and other fraudulent or dishonest practices” does not detail upon what basis that complaints shall be considered valid while also presenting a contradiction in terms with clause 3, thereby presenting a complex jurisdictional question.

Therefore finding the resolution in question wholly unsatisfactory,

Hereby Repeals [resolution=GAR#579]Promoting Democratic Stability Act[/resolution].

“The Clevesian people support this version more than that of the ambassador from Tinhampton. Like the other version, this has just enough clauses to breeze through to voting. Furthermore, to my enjoyment, it does not argue against clause 5 of the target resolution, since that was my biggest complaint on the Tinhamptonian delegate’s draft.”
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Hulldom
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Postby Hulldom » Sun May 22, 2022 8:18 pm

Eliminated the bit about clause 3 and the jurisdictional question. Those seem likelier than not to fall into Honest Mistake territory.
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Hulldom
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Postby Hulldom » Tue May 24, 2022 1:00 pm

Bump.
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Fachumonn
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Postby Fachumonn » Tue May 24, 2022 1:03 pm

I cannot see much of a difference between this and Tin's, except maybe Tin's is a bit more substantial.
Support Tin's, oppose this. Tin drafted first. Let her have a chance. She also has a replacement, you don't.
Last edited by Fachumonn on Tue May 24, 2022 1:03 pm, edited 1 time in total.


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Imperium Anglorum
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Postby Imperium Anglorum » Tue May 24, 2022 3:49 pm

We should always support authors in correcting errors which they agree exist and which they are willing to admit. It sets the right precedent. I offer my fullest support for this proposal, without much regard to content.

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Hulldom
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Postby Hulldom » Tue May 24, 2022 3:56 pm

Imperium Anglorum wrote:We should always support authors in correcting errors which they agree exist and which they are willing to admit. It sets the right precedent. I offer my fullest support for this proposal, without much regard to content.

Thank you, IA. As a note regarding replacement, Wymondham and I are working on one. I hope it’ll be up tomorrow, Thursday at the latest.
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Postby Fremenilia » Tue May 24, 2022 3:58 pm

From what I've seen Tin has plenty of chances drafting legislation.
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Postby Separatist Peoples » Wed May 25, 2022 3:33 am

"We prefer this version of the repeal, and are happy to oppose the alternatives in favor of this repeal."

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Postby West Barack and East Obama » Thu May 26, 2022 7:00 am

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Berenice Soviet
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Postby Berenice Soviet » Thu May 26, 2022 7:29 am

I support this fully. You created the original and as such should be first in line to edit/repeal/replace it. We will strike down any and all other proposals that do not bear your name as either the author or the co-author.

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Postby Tinhampton » Thu May 26, 2022 8:44 am

Berenice Soviet wrote:I support this fully. You created the original and as such should be first in line to edit/repeal/replace it. We will strike down any and all other proposals that do not bear your name as either the author or the co-author.

I'm not sure how "repeal everything Hulldom hasn't worked on" follows from "Hulldom should repeal something he worked on."
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Hulldom
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Postby Hulldom » Thu May 26, 2022 9:05 am

Tinhampton wrote:
Berenice Soviet wrote:I support this fully. You created the original and as such should be first in line to edit/repeal/replace it. We will strike down any and all other proposals that do not bear your name as either the author or the co-author.

I'm not sure how "repeal everything Hulldom hasn't worked on" follows from "Hulldom should repeal something he worked on."

I’ll give Tin this one, that would be a little odd. :P
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