[VOTE] L-2023-3 The Conclave Act

[CyberiumShadow]

Citizen Zukchiva has proposed The Conclave Act on 2023-02-06T22:31:00Z. This was seconded by Provost CyberiumShadow on 2023-02-06T23:50:00Z.

@The Conclave Act

BE IT ENACTED BY THE MAGISTERIUM OF THE EAST PACIFIC

SECTION I. CITATION & DEFINITIONS

1. This Act shall be known and cited as “The Conclave Act”.

2. An Order shall be defined as any binding statement by the Conclave to compel any individual or institution to complete a legal action with an explicitly stated indictable penalty for failing to execute said action.

3. A verdict shall be defined as any binding and final ruling by the Conclave on a matter of trial or legislation interpretation. Verdicts shall not be considered Orders.

SECTION II. GENERAL CONCLAVE PROCEDURE

1. The Conclave shall apply statutory law over precedent.

2. The Conclave shall be able to recognize and consider convictions or similar decisions by other regions in its decisions.

3. The Conclave can consider any verifiable evidence presented.

4. The Conclave may not apply a law to any situation that occurred before the law was passed, excluding exceptions stated within the Concordat.

5. By default, Conclave verdicts and Orders shall be enforced against all nations currently and hereafter owned by the affected Citizen (not just the nation name used to reference the Citizen), unless the Conclave explicitly states otherwise within a verdict or Order.

6. Should a Citizen who is on trial present an in-game security risk during their trial, the Conclave may release an Order to Ban.

   1. Said ban cannot be utilized as verifiable evidence nor play a role in Conclave decision making, and it can only be executed once trial procedures have begun.
   2. Such a ban shall not forfeit a Citizen’s rights as a Citizen and, if applicable, as a Registered Voter.

SECTION III. ORDERS

1. The Conclave may only implement the following kinds of Orders, as labelled alphabetically:

   (a) “Cease and Desist” - Wherein an individual or government entity commits an action beyond the scope of their legal powers, the Conclave may direct said individual or entity to cease their act (and reverse said act, if applicable).

   (b) “Contempt of Court” - Wherein an individual has proven disruptive to Conclave proceedings at least two separate times, the Conclave may formally direct said individual to cease their behavior.

   (c) “Duty to Enforce” - Wherein an individual or government entity fails to perform an action mandated by law, the Conclave may direct said individual or entity to complete said duty.

   (d) “Order to Ban” - Wherein a Citizen currently on trial presents an in-game security risk, the Conclave may order the Delegate or Praesidium to ban said Citizen solely for the duration of the trial.

2. Conclave Orders may only be implemented, amended, or reversed following a ⅔ vote of Arbiters.

   1. A reversal of an Order shall result in the nullification of any sentence the Conclave granted in trial for violations of said Order.

   2. The Conclave may, by the same vote majority, nullify or lessen any sentence granted in trial for Order violation at any point in time after the trial itself concludes. Sentences cannot be extended or renewed.

   3. Changes to the indictable penalty of an Order during or after a trial dealing with a violation of said Order shall not affect the sentence given in said trial, if one is given.

3. The following may be the only kinds of indictable penalties handed out by a Cease and Desist Order, Duty to Enforce Order, and an Order to Ban, as labelled alphabetically:

   (a) Removal from a government position, but only if the relevant Order concerns actions in such a position.

   (b) Prohibition from serving in a specific government position, but only if the relevant Order concerns actions in such a position. Such a prohibition shall last for up to a maximum of one year.

4. The indictable penalty of a Contempt of Court Order shall be a maximum sentence of a six month ban from the Conclave subforums. This shall not limit the ability of such an individual to motion a matter before the Conclave via counsel, as guaranteed by the Concordat.

5. Anyone found to be violating a Conclave Order shall be committing an indictable offense and shall receive a sentence in-line with the indictable penalty of the Order they violated.

SECTION IV. ADDENDUM

1. The Conclave reserves the power to remove a Vizier or Magister following Concordat and Standing Orders of the Conclave procedures.

2. The relevant government authorities must execute a Conclave verdict even though Conclave verdicts are not considered Orders.

Addendum - Provost Discretionary Edits

Pursuant to the powers granted to the Office of the Provost by Article B, Section 10 of the Concordat, I have made the following discretionary edits which will take effect should this proposal become an act, on this day 06/02/2023.

• Added formatting to Section Headers to facilitate forum-side Table of Contents

Pursuant to the Standing Orders of the Magisterium, this proposal needs a standard majority of voting Magisters to pass. In addition, the quorum of 50% must be upheld.

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Voting period of 168 hours (1 week) occurs between the following time period 2023-02-07T00:00:00Z→2023-02-14T00:00:00Z

Choices for voting:
Vote AYE or FOR if you are in favor of the proposal.
Vote NAY or AGAINSTif you are against the proposal.
Vote PRESENT or ABSTAIN if you cannot make a decision in good conscience.

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L-2023-3 The Conclave Act

• AYE | FOR
• NAY | AGAINST
• ABSTAIN | PRESENT

List of Active Magisters - 12 as of 07/02/2023

List of active Magisters (12; as of February 7th, 2023):

Altys
ArenaC
A mean old man
American-Cascadia
Cappedore
CyberiumShadow
Dabeez
Dremaur
Kyon Thomas
McStooley
Sammy23
USS Merrimack

[American-Cascadia]

TEP/WA: American-Cascadia

AYE

[Altys]

TEP/WA: Altys

Aye

[AC5230]

TEPWA ARENAC votes AYE

[Dabeez]

TEP/WA: Empire of Dabiristan

Votes: FOR

[CyberiumShadow]

TEP: Cyberstrom
WA: EPSA

Abstain

[Dremaur]

TEP/WA: Dremaur

Aye

[Cappedore]

TEP/WA: Cappedore

Aye

[McStooley]

TEP/WA Dragons Blood

Present

[Sammy23]

Sammy23 (TEP/WA New Leganes) votes FOR

[KyonThomas]

Kyon (TEP/WA West Nagato) votes FOR

[CyberiumShadow]

This vote has concluded as of 2023-02-14T00:00:00Z.

As 10 out of 12 eligible Magisters have voted, Quorum has been met.

Vote	Count	Voting % (Total %)
AYE	8	100% (80%)
NAY	0	0% (0%)
ABSTAIN	2	N/A (20%)

Non-Voting Magisters

• A Mean Old Man
• USS Merrimack

Pursuant to the Concordat and the Standing Orders, The Magisterium has unanimously voted to enact The Conclave Act as proposed.

The Bill will now be sent to the Delegate for approval.