[AMENDMENT] Amendment to the Endorsement Cap Act: Forced Violations + Conspiracy of such

The Magisterium
1

— Begin quote from ____

BE IT ENACTED by the Magisterium of the East Pacific:

SECTION I. TITLE
…1.1-This act shall be known and cited as the “Endorsement Caps Act”.

SECTION II. DEFINITIONS

…2.1- For the purposes of this act, the following terms are defined as:
…2.1.1- Qualified Endorsement Cap- “a cap with a qualifier to be subjected to it, that is set by the Viziers and confirmed by the Magisterium”;
…2.1.2- Endorsement Cap Violator- “a nation that has more endorsements than the cap set for that particular nation”
…2.1.3- Unendorsement Campaign- “the in-game action of reducing a nation’s endorsements using actions including, but not limited to, telegrams, dispatches, private messages, and general off-site announcements”;
…2.1.4- Compliance Officer- “the Delegate and any Regional Officer with Border Control who is a Vizier or a member of the Eastern Pacific Police Service”;
…2.1.5- Corrected- “a nation that has been brought below their Qualified Endorsement Cap through the action(s) of Compliance Officers”

SECTION III. ENDORSEMENT CAPS

…3.1- The Viziers may, following a confirmatory vote of the Praesidium, propose to the Magisterium any number of Qualified Endorsement Caps. These proposals shall be confirmed via a normal majority vote by the Magisterium.
…3.2- No Qualified Endorsement Cap may exceed the number of current Delegate Endorsements for any reason.
…3.3- The current Qualified Endorsement Caps are as follows:
……3.3.1- The “Qualified Endorsement Cap” shall set the cap for nations endorsing the Delegate at 400 endorsements.
…3.3.2- The “Non-Delegate Friendly Cap” shall set the cap for nations not endorsing the Delegate at 35 endorsements.
…3.4- Any Qualified Endorsement Cap may be repealed by a ⅔ majority vote of the Magisterium.
…3.5- The Delegate must display the current numerical value of all Qualified Endorsement Caps on the Region’s World Factbook Entry.
…3.6- The Delegate and the Viziers are not subject to any Qualified Endorsement Caps.

SECTION IV. VIOLATIONS OF ENDORSEMENT CAPS

…4.1- Any nation who becomes an Endorsement Cap Violator shall be “Notified” by a Compliance Officer via an in-game telegram and a mention in an in-game dispatch for at least 3 days before any in-game action is taken.
…4.1.1- If an emergency situation exists in which Viziers believe the legitimate Delegacy is in danger, the Viziers may waive the 3-day response time and provide an explanation to the Conclave as to why.
…4.2- Any nation, having been under Notice for three days and remaining in violation of this Act, shall be subject to an unendorsement campaign, ejection, OR banishment at the discretion of Compliance Officers in order to be Corrected.
…4.3- The Viziers may temporarily suspend punishment under this Act for no more than fourteen days if the offending nation has proven a willingness to comply with the Cap
…4.4- Influence-spending concerning bans and ejections will be relegated to the Delegate when possible. Nations reserve the right to appeal to the Conclave on any ejection, ban, or unendorsement campaign taken against them.

SECTION V: FORCED VIOLATION

…5.1- Pushing a nation over the Cap with the intent to get them punished within the East Pacific is a crime punishable by no more than 3 months ban from the East Pacific.
…5.2. Conspiring to push a nation over the Cap with the intent to get them punished within the East Pacific is a crime punishable by no more than 30 days ban from the East Pacific.
…5.3. A trial in Conclave is to be held for violation forcing and conspiracy to commit violation forcing.

— End quote

[spoiler]BE IT ENACTED by the Magisterium of the East Pacific:

SECTION I. TITLE
…1.1-This act shall be known and cited as the “Endorsement Caps Act”.

SECTION II. DEFINITIONS

…2.1- For the purposes of this act, the following terms are defined as:
…2.1.1- Qualified Endorsement Cap- “a cap with a qualifier to be subjected to it, that is set by the Viziers and confirmed by the Magisterium”;
…2.1.2- Endorsement Cap Violator- “a nation that has more endorsements than the cap set for that particular nation”
…2.1.3- Unendorsement Campaign- “the in-game action of reducing a nation’s endorsements using actions including, but not limited to, telegrams, dispatches, private messages, and general off-site announcements”;
…2.1.4- Compliance Officer- “the Delegate and any Regional Officer with Border Control who is a Vizier or a member of the Eastern Pacific Police Service”;
…2.1.5- Corrected- “a nation that has been brought below their Qualified Endorsement Cap through the action(s) of Compliance Officers”

SECTION III. ENDORSEMENT CAPS

…3.1- The Viziers may, following a confirmatory vote of the Praesidium, propose to the Magisterium any number of Qualified Endorsement Caps. These proposals shall be confirmed via a normal majority vote by the Magisterium.
…3.2- No Qualified Endorsement Cap may exceed the number of current Delegate Endorsements for any reason.
…3.3- The current Qualified Endorsement Caps are as follows:
……3.3.1- The “Qualified Endorsement Cap” shall set the cap for nations endorsing the Delegate at 400 endorsements.
…3.3.2- The “Non-Delegate Friendly Cap” shall set the cap for nations not endorsing the Delegate at 35 endorsements.
…3.4- Any Qualified Endorsement Cap may be repealed by a ⅔ majority vote of the Magisterium.
…3.5- The Delegate must display the current numerical value of all Qualified Endorsement Caps on the Region’s World Factbook Entry.
…3.6- The Delegate and the Viziers are not subject to any Qualified Endorsement Caps.

SECTION IV. VIOLATIONS OF ENDORSEMENT CAPS

…4.1- Any nation who becomes an Endorsement Cap Violator shall be “Notified” by a Compliance Officer via an in-game telegram and a mention in an in-game dispatch for at least 3 days before any in-game action is taken.
…4.1.1- If an emergency situation exists in which Viziers believe the legitimate Delegacy is in danger, the Viziers may waive the 3-day response time and provide an explanation to the Conclave as to why.
…4.2- Any nation, having been under Notice for three days and remaining in violation of this Act, shall be subject to an unendorsement campaign, ejection, OR banishment at the discretion of Compliance Officers in order to be Corrected.
…4.3- The Viziers may temporarily suspend punishment under this Act for no more than fourteen days if the offending nation has proven a willingness to comply with the Cap
…4.4- Influence-spending concerning bans and ejections will be relegated to the Delegate when possible. Nations reserve the right to appeal to the Conclave on any ejection, ban, or unendorsement campaign taken against them.

SECTION V: FORCED VIOLATION

…5.1- Pushing a nation over the Cap with the intent to get them punished within the East Pacific is a crime punishable by no more than 1 year ban from the East Pacific.
…5.2. Conspiring to push a nation over the Cap with the intent to get them punished within the East Pacific is a crime punishable by no more than 2 years ban from the East Pacific.[/spoiler]

[spoiler]BE IT ENACTED by the Magisterium of the East Pacific:

SECTION I. TITLE
…1.1-This act shall be known and cited as the “Endorsement Caps Act”.

SECTION II. DEFINITIONS

…2.1- For the purposes of this act, the following terms are defined as:
…2.1.1- Qualified Endorsement Cap- “a cap with a qualifier to be subjected to it, that is set by the Viziers and confirmed by the Magisterium”;
…2.1.2- Endorsement Cap Violator- “a nation that has more endorsements than the cap set for that particular nation”
…2.1.3- Unendorsement Campaign- “the in-game action of reducing a nation’s endorsements using actions including, but not limited to, telegrams, dispatches, private messages, and general off-site announcements”;
…2.1.4- Compliance Officer- “the Delegate and any Regional Officer with Border Control who is a Vizier or a member of the Eastern Pacific Police Service”;
…2.1.5- Corrected- “a nation that has been brought below their Qualified Endorsement Cap through the action(s) of Compliance Officers”

SECTION III. ENDORSEMENT CAPS

…3.1- The Viziers may, following a confirmatory vote of the Praesidium, propose to the Magisterium any number of Qualified Endorsement Caps. These proposals shall be confirmed via a normal majority vote by the Magisterium.
…3.2- No Qualified Endorsement Cap may exceed the number of current Delegate Endorsements for any reason.
…3.3- The current Qualified Endorsement Caps are as follows:
……3.3.1- The “Qualified Endorsement Cap” shall set the cap for nations endorsing the Delegate at 400 endorsements.
…3.3.2- The “Non-Delegate Friendly Cap” shall set the cap for nations not endorsing the Delegate at 35 endorsements.
…3.4- Any Qualified Endorsement Cap may be repealed by a ⅔ majority vote of the Magisterium.
…3.5- The Delegate must display the current numerical value of all Qualified Endorsement Caps on the Region’s World Factbook Entry.
…3.6- The Delegate and the Viziers are not subject to any Qualified Endorsement Caps.

SECTION IV. VIOLATIONS OF ENDORSEMENT CAPS

…4.1- Any nation who becomes an Endorsement Cap Violator shall be “Notified” by a Compliance Officer via an in-game telegram and a mention in an in-game dispatch for at least 3 days before any in-game action is taken.
…4.1.1- If an emergency situation exists in which Viziers believe the legitimate Delegacy is in danger, the Viziers may waive the 3-day response time and provide an explanation to the Conclave as to why.
…4.2- Any nation, having been under Notice for three days and remaining in violation of this Act, shall be subject to an unendorsement campaign, ejection, OR banishment at the discretion of Compliance Officers in order to be Corrected.
…4.3- The Viziers may temporarily suspend punishment under this Act for no more than fourteen days if the offending nation has proven a willingness to comply with the Cap
…4.4- Influence-spending concerning bans and ejections will be relegated to the Delegate when possible. Nations reserve the right to appeal to the Conclave on any ejection, ban, or unendorsement campaign taken against them.

SECTION V: FORCED VIOLATION

…5.1- Pushing a nation over the Cap with the intent to get them punished within the East Pacific is a crime punishable by no more than 3 months ban from the East Pacific.
…5.2. Conspiring to push a nation over the Cap with the intent to get them punished within the East Pacific is a crime punishable by no more than 1 year ban from the East Pacific.
[/spoiler]

Because loopholes. Thanks Aivintis.

2

Pretty lenient IMO. Make it harsher to, say, 3 year maximum for pushing a nation and 1 year maximum for conspiring.

3

— Begin quote from ____

Pretty lenient IMO. Make it harsher to, say, 3 year maximum for pushing a nation and 1 year maximum for conspiring.

— End quote

I mean, that would more be based on repeat consequences. I’ll give it 2 years max and 1 year max

4

If there are no further objections, I shall move to vote at 01Z.

5

I second.

6

I think it needs to be specified that a trial is nessecary before the bans of these two sentences are enacted. Very well written proposal, though!

Also, I would suggest giving some more time (at least a week) before moving legislation to vote, for something like this. Most legislative items should be considered for longer periods of time before going to vote. The RMBRA went to vote out of necessity; my CitiAct amendment went to vote because it merely completed an amendment I had proposed prior. Typically speaking I give around a week to a month for my legislative proposals and I’d suggest the same here.

The Magisterium is a bit slow (with 9 active proposals on the table, that is to be expected), but nonetheless time should be given for more Magisters to comment.

7

I am in support.

8

— Begin quote from ____

I think it needs to be specified that a trial is nessecary before the bans of these two sentences are enacted. Very well written proposal, though!

— End quote

Is it really necessary to specify it if the Right to Trial is already in the Concordat? Wouldn’t it be implied and be pretty much beyond doubt that before someone can be punished for a crime they have to be taken to the Conclave?

9

— Begin quote from ____

— Begin quote from ____

I think it needs to be specified that a trial is nessecary before the bans of these two sentences are enacted. Very well written proposal, though!

— End quote

Is it really necessary to specify it if the Right to Trial is already in the Concordat? Wouldn’t it be implied and be pretty much beyond doubt that before someone can be punished for a crime they have to be taken to the Conclave?

— End quote

The confusion comes from summary offenses for violating endorsement caps in the same act- those which do not require a trial. I feel like AC’s amendments could be confused with endocap violations and be thought of as summary offenses when this [AC’s amendments] aren’t.

10

— Begin quote from ____

— Begin quote from ____

— Begin quote from ____

I think it needs to be specified that a trial is nessecary before the bans of these two sentences are enacted. Very well written proposal, though!

— End quote

— End quote

Is it really necessary to specify it if the Right to Trial is already in the Concordat? Wouldn’t it be implied and be pretty much beyond doubt that before someone can be punished for a crime they have to be taken to the Conclave?

The confusion comes from summary offenses for violating endorsement caps in the same act- those which do not require a trial. I feel like AC’s amendments could be confused with endocap violations and be thought of as summary offenses when this [AC’s amendments] aren’t.

— End quote

I thought we got rid of Summary offenses. Sorry, you are right, It’s better if this is clarified.

11

— Begin quote from ____

— Begin quote from ____

— Begin quote from ____

— Begin quote from ____

I think it needs to be specified that a trial is nessecary before the bans of these two sentences are enacted. Very well written proposal, though!

— End quote

— End quote

— End quote

Is it really necessary to specify it if the Right to Trial is already in the Concordat? Wouldn’t it be implied and be pretty much beyond doubt that before someone can be punished for a crime they have to be taken to the Conclave?

The confusion comes from summary offenses for violating endorsement caps in the same act- those which do not require a trial. I feel like AC’s amendments could be confused with endocap violations and be thought of as summary offenses when this [AC’s amendments] aren’t.

I thought we got rid of Summary offenses. Sorry, you are right, It’s better if this is clarified.

— End quote

I will put that down. Hold on

12

…5.3. A trial in Conclave is to be held for violation forcing and conspiracy to commit violation forcing.

How is this?

13

When (and when not) to hold a trial is determined by the Concordat.

14

If someone is endotarting and pushes somebody at 400 over the cap but doesn’t notice would this still be targeted by the law? Or is there supposed to be a measure of intent?

15

— Begin quote from ____

If someone is endotarting and pushes somebody at 400 over the cap but doesn’t notice would this still be targeted by the law? Or is there supposed to be a measure of intent?

— End quote

It punishes intent. The Conclave will have to determine in each case if there was intent or if it was an accident.

16

That’ll be interesting at trial.