Post by Rogamark on Jul 17, 2021 18:16:54 GMT -5
All nonrecused members of the Court having been polled, and none voting to rehear the case, the motion is denied and the stay is lifted. As the case, however briefly, was before the full Court now, Magistrate Judge Tim wishes to enter the following opinion.
Tim, Magistrate Judge, concurring in judgment
First and foremost, I want to lead with the observation that the existence of this case should be seen as a positive for Spiritus and all residing Spiritans.
To provide some historical context, Spiritus has gone through many rises and dips in both population and participating citizen numbers. During a particularly slow period, the decision was made to re-write the Constitution and Laws to a significantly more barebones framework that was appropriate for a region in a more "dormant state". Since this occurence, we have arrived at numerous points where the size and ambition of our citizenry have surpassed previously streamlined frameworks. While a little chaotic, this is a sign of regional growth that should be welcomed.
The Elections Act, while not as simplified of a law as those of the past, is painfully vague for parts of the issue at hand. As the Defense's interpretation of Section 5 argued, the Supervisor appears to be granted near unlimited freedom in their operation of the election; albeit with consideration of the guidelines within sections 6-10. However, in concurrence with the Chief Justice's Opinion, it is important to consider what is at this point longterm Spiritus precedent. While it is certainly worth noting that many of the world's regions do run stricter election processes, Spiritus has been traditionally more laid back. Especially with the Supervisor having not formally closed nominations at the stated time, it then becomes a reasonable interpretation by the Plaintiff that the nominations period is still ongoing.
I believe this is an example of a ruling that should likely be followed by amendment to the Elections Act which establishes a clearer guideline on the nominations process. It would not feel appropriate for the court to strictly define a process that should be left to other powers, and with consideration of both the laws and extensive past Spiritus legislative and legal precedent, the necessary action is to re-conduct the July 2021 Legislative Election.
Tim, Magistrate Judge, concurring in judgment
First and foremost, I want to lead with the observation that the existence of this case should be seen as a positive for Spiritus and all residing Spiritans.
To provide some historical context, Spiritus has gone through many rises and dips in both population and participating citizen numbers. During a particularly slow period, the decision was made to re-write the Constitution and Laws to a significantly more barebones framework that was appropriate for a region in a more "dormant state". Since this occurence, we have arrived at numerous points where the size and ambition of our citizenry have surpassed previously streamlined frameworks. While a little chaotic, this is a sign of regional growth that should be welcomed.
The Elections Act, while not as simplified of a law as those of the past, is painfully vague for parts of the issue at hand. As the Defense's interpretation of Section 5 argued, the Supervisor appears to be granted near unlimited freedom in their operation of the election; albeit with consideration of the guidelines within sections 6-10. However, in concurrence with the Chief Justice's Opinion, it is important to consider what is at this point longterm Spiritus precedent. While it is certainly worth noting that many of the world's regions do run stricter election processes, Spiritus has been traditionally more laid back. Especially with the Supervisor having not formally closed nominations at the stated time, it then becomes a reasonable interpretation by the Plaintiff that the nominations period is still ongoing.
I believe this is an example of a ruling that should likely be followed by amendment to the Elections Act which establishes a clearer guideline on the nominations process. It would not feel appropriate for the court to strictly define a process that should be left to other powers, and with consideration of both the laws and extensive past Spiritus legislative and legal precedent, the necessary action is to re-conduct the July 2021 Legislative Election.