NationStates Jolt Archive


Draft: Fairness in Elections

Nistraph
04-04-2009, 16:58
Category: (I think I would call it furtherment of democracy, but it might also be human rights. It doesn't really spread democracy, just improves it where it already exists)

Strength: SignificantTHE WORLD ASSEMBLY:

UNDERSTANDING that not every nation, not even every nation considered "free", holds regular elections as a part of their political system,

NOTING that these governments, so long as they do not practice powers forbidden to them by the WA, have a right to continue as such,

ALSO NOTING that in some cases where elections are held, they can actually be harmful to the safety and freedom of the citizens,

ENACTS the following resolution:

Preamble: The function of all governments, democratic or non, is to protect the interests of the governed. Therefore, all functions of that government must work toward that same goal. In the cases of elections, it is the right of the people to know that their vote has been counted anonymously and that they can in no way be punished for their political views; it is the duty of the government to assure that all candidates and issues for which a significant portion of voters have expressed interest are allowed to be voted fairly on a ballot; and it is the mandate of the World Assembly to see that all governments, democratic or non, protect the interest of their people.

Article I
All persons who meet the requirements to register to vote shall be allowed to register as candidates for any elected office providing a petition signed ten percent of the voters for that office. Neither the signers of the aforementioned petition nor the potential candidate shall be in no way punished or rewarded for signing or appearing on said petition. In all elected offices, the process for registering as a candidate shall not include any unreasonable fees, nor require affiliation with any political party, nor affirmation of any political or religious view. Upon decision of a new office holder, the powers of that office may not be changed based upon the views of the official.

Article II
Depending on the laws of the state, the candidate elected or law passed may be determined by a majority or plurality of votes. In cases of tie, or no majority reached in a state which requires it, the election shall either be determined by the representative body, if any, or by a new election.

Article III
In the cases of major law changes, such as constitutional amendment, the state may require a larger majority, never exceeding eighty percent, to see the law passed. The appropriateness of requiring a large majority shall be determined by the World Assembly.

Article IV
The state can, in no case, deny voting rights on the basis of gender, race, national origin (for naturalized citizens), religious beliefs, political views, sex, sexual orientation, physical ability, level of education, literacy, or economic status. In no case is a poll tax of any amount to be collected. Nor can laws be passed to directly or indirectly bar any member of any subset of any of these groups from the right to vote.

Article V
Citizens meeting all voting requirements cannot be prevented in any way from being allowed to register to vote. All eligible citizens can register exactly one time, either registered with a political party or independently, and can in no way receive benefit or punishment for registering under a particular party. Each registered voter may fill out one ballot which must be counted exactly one time anonymously. The state must make an earnest effort to prevent fraud in elections.

Article VI
Once again reaffirming the right of all sovereign nations to choose whether or not to hold elections and the duty of the World Assembly to protect the interests of all people, the World Assembly mandates that all measures be taken to uphold this resolution and to assure that in any nation which chooses to hold democratic elections, that they be held fairly and for the purpose of furthering the common good of the peopleI think the biggest problem here is that I don't make it clear enough that this is only to improve the election process where it already exists, not force democracy on the rest of the world.

Anyway, tell me what you think.


Edit:It is clear from your first few responses that this does not belong here. Nistraph respectfully withdraws.
Urgench
04-04-2009, 18:14
The biggest problem from our perspective is that this resolution radically rewrites whole sections of our constitution and doubtless will do so in many other member states.

On what justification should member states consent to this ?

Why is the system you outline any fairer than any other ?

And Article iv is completely unnecessary since its provisions are already covered by the Charter of Civil Rights.


Yours,
Bears Armed
04-04-2009, 19:25
Category: (I think I would call it furtherment of democracy, but it might also be human rights. It doesn't really spread democracy, just improves it where it already exists)

Strength: SignificantI think the biggest problem here is that I don't make it clear enough that this is only to improve the election process where it already exists, not force democracy on the rest of the world.

Anyway, tell me what you think.
That it would be an illegal proposal, because resolutions simply aren't allowed to target only some of the WA's member nations rather than all of them...
Gobbannium
07-04-2009, 16:48
THE WORLD ASSEMBLY:

UNDERSTANDING that not every nation, not even every nation considered "free", holds regular elections as a part of their political system,

NOTING that these governments, so long as they do not practice powers forbidden to them by the WA, have a right to continue as such,

ALSO NOTING that in some cases where elections are held, they can actually be harmful to the safety and freedom of the citizens,
These two notes are potentially irksome to democratic societies, and may thus alienate many supporters.

ENACTS the following resolution:

Preamble:
A second preamble. How... nice. It also makes us wonder if this text came from elsewhere, though a brief search has not turned it up.

The function of all governments, democratic or non, is to protect the interests of the governed. Therefore, all functions of that government must work toward that same goal.
This philosophy is a good deal more pleasing to the average democracy.

In the cases of elections, it is the right of the people to know that their vote has been counted anonymously and that they can in no way be punished for their political views;
At this point, we would question whether this is truly preamble any more. Many people regard the assignment of rights as a central part of a resolution. While we by-and-large disagree with that notion and prefer your more imperative approach, we understand how this could raise confusion.

it is the duty of the government to assure that all candidates and issues for which a significant portion of voters have expressed interest are allowed to be voted fairly on a ballot;
This is assuredly no longer preamble, since it assigns duties.

and it is the mandate of the World Assembly to see that all governments, democratic or non, protect the interest of their people.
Many apparently disagree with this philosophy; at least, that is is the only explanation that we can put on the regrettably common attitude that the preservation of national sovereignty is an unbeatable defence against all Human Rights proposals.

Article I
All persons who meet the requirements to register to vote shall be allowed to register as candidates for any elected office providing a petition signed ten percent of the voters for that office.
The final clause appears to be missing some words. We also note that this is a very large percentage; few candidates would expect to be able to achieve it without very significant effort.

Neither the signers
"signatories"

of the aforementioned petition nor the potential candidate shall be in no way
"...in any way..."

punished or rewarded for signing or appearing on said petition. In all elected offices, the process for registering as a candidate shall not include any unreasonable fees, nor require affiliation with any political party, nor affirmation of any political or religious view. Upon decision of a new office holder, the powers of that office may not be changed based upon the views of the official.

Article II
Depending on the laws of the state,
Nation?

the candidate elected or law passed may be determined by a majority or plurality of votes. In cases of tie, or no majority reached in a state which requires it, the election shall either be determined by the representative body, if any, or by a new election.
Traditionally we draw straws. We are a little averse to restaging elections, since the cost is non-trivial, but could weather this requirement.

(OOC: drawing straws really is the legal way of resolving a tied election in the UK, just so you know!)

Article III
In the cases of major law changes, such as constitutional amendment, the state may require a larger majority, never exceeding eighty percent, to see the law passed. The appropriateness of requiring a large majority shall be determined by the World Assembly.
We do not believe that this is practical. If you are going to require this sort of thing to be overseen, create a committee to do it rather than cause a huge backlog of business in this chamber.

Article IV
The state can, in no case, deny voting rights on the basis of gender, race, national origin (for naturalized citizens), religious beliefs, political views, sex, sexual orientation, physical ability, level of education, literacy, or economic status.
There is a very large duplication of the Charter of Civil Rights here, as the honoured Khan has pointed out.

In no case is a poll tax of any amount to be collected.
We think this also falls foul of clause 8 of the WA General Fund.

Nor can laws be passed to directly or indirectly bar any member of any subset of any of these groups from the right to vote.
Again, the Chart of Civil Rights should be consulted.

Article V
Citizens meeting all voting requirements cannot be prevented in any way from being allowed to register to vote. All eligible citizens can register exactly one time, either registered with a political party or independently, and can in no way receive benefit or punishment for registering under a particular party. Each registered voter may fill out one ballot which must be counted exactly one time anonymously. The state must make an earnest effort to prevent fraud in elections.
This is a very important clause, and we have some very serious reservations about it. We consider that an individual should only be allowed to vote once for any given election to any given assembly, and that local laws for registration should follow from that rather than attempt to drive it. We are also extremely leery of being required to allow registration via poltiical parties, since historically a majority of organised voting fraud in Gobbannium has occur through that route. Finally, requiring "states" to make an earnest effort to prevent fraud seems a rather pathetic directive over a critically important point.

Article VI
Once again reaffirming the right of all sovereign nations to choose whether or not to hold elections and the duty of the World Assembly to protect the interests of all people, the World Assembly mandates that all measures be taken to uphold this resolution and to assure that in any nation which chooses to hold democratic elections, that they be held fairly and for the purpose of furthering the common good of the people
Here again the confusion of speaking of rights, and much waffle which in our opinion would be better served by an appearance in the preamble.
Philimbesi
07-04-2009, 18:04
We would respectfully request that my esteemed colleague from Nistraph keep their grubby hands off our constitution. This would as stated before rewrite entire sections of our electoral law.

Nigel S Youlkin
USoP WA Ambassador