Failed Citizenship (Amendment) Act, 2022

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EUKBICR

The Devil
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Oct 25, 2020
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A MOTION

To bring into law the bill "Amendment to UL-006 The Citizenship Act"
Introduced into the SENATE of the Union of Democratic States on the 9th of January, 2022, by Kade.
As follows:


BELIEVING too many possible citizens are lost due to electoral delays,
CONTENDING that the Union can manage a small number of temporary ineligible voters,
THE FOLLOWING IS ENACTED AS LAW:


Section 1: Definitions and Short Title
1. This Act may be referenced as the "Citizenship (Amendment) Act, 2022"


Section 2: Provisions
1. 4.5 shall be amended to read "Applications may approved within 3 days of any election period being opened and throughout the election period, however these citizens are NOT granted the right to vote in that election."
a. 4.5.1 shall be added and read "The Minister of the Census, or their designee, shall notify the electoral comission of these ineligible citizens prior to the election finishing."
 
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Lord Speaker,

It has come to my attention that we miss out on a significant number of citizenship applications due to the lengthy UDS election period that prevents the acceptance of applications during an election period. As it stands, I have two applications that must wait until the completion of the current by-election to accept. I believe that it is possible to accept new citizens into the Union, while temporarily preventing them from voting in the ongoing election would preserve the spirit of the current rule, but still allow our citizenry to grow.

Please present the following bill to the Senate. I am happy to take questions and/or re-post this as an introduction.

v/r
Kade W. Vasentius
Deputy Minister of the Census
I open debate
 
I did think this was a good and innovative amendment, but Kron’s recent intervention has definitely put things in a different perspective. The present system is unequivocal in that NO citizen shall be denied the right to a secret ballot.

The reforms presented are unconstitutional, as Kron pointed out, but this can easily be rectified by making a provision that only extant citizens five days prior to the introduction of the ballot shall be eligible for the vote.

However, the reforms presented to the Senate would still somewhat undermine the protections afforded to our democracy. A loophole could arise that didn’t exist before. Citizenship was a guarantee for the right to vote. Under these reforms, it would be no longer. And can anyone deny this makes the Union of Democratic States more vulnerable to subversion?

And for what reason are we doing this? So that newbies can get access to some forum and Discord channels a few days earlier than they would have done otherwise? I don’t see the point.

It is a danger, and I will have to think hard before I make my decision to support or oppose this proposal.

What is certain is that this Bill has to be accompanied by a motion to amend the constitution, because Kron is right in saying this proposal is currently unconstitutional. This should’ve been introduced to the Senate with more preparation.
 
Senator,

I believe you have misinterpreted the letter, spirit, and implementation of this bill. I highly encourage you to read over the senate gallery, but I will re-state the arguments made here for completeness.

I did think this was a good and innovative amendment, but Kron’s recent intervention has definitely put things in a different perspective. The present system is unequivocal in that NO citizen shall be denied the right to a secret ballot.
At no point did this act call for OR imply that a citizen's vote would be revealed or otherwise made non-secret. I envisioned the Census minister simply messaging the EC to inform them of ineligible citizens who joined during the election, and the EC would simply invalidate those votes only and mark it on the report. Nowhere in EC procedure do we reveal who someone voted for, regardless of circumstances or pressures. The EC can be trusted to confidentially handle this. Technical controls have been suggested for the Census-side implementation (a date field + color indicator) that is easy to set up and maintain. I don't believe it is unreasonable to ask the Census to send a single message to another government body once or twice a month. If sufficient records are maintained, I don't foresee why EC couldn't set up their own automated tooling to remove the human-message element if that is of concern.

As mentioned by Dyl, several large GCRs with census and election teams roughly the same size as ours are able to handle this. TEP, TRR, and TNP all have adopted a similar system with success. There is no reason why the Union couldn't pull it off.
The reforms presented are unconstitutional, as Kron pointed out, but this can easily be rectified by making a provision that only extant citizens five days prior to the introduction of the ballot shall be eligible for the vote.
I acknowledge the suggestion, but I believe that five is too long. Three has been the standard of the Union for some time now and I believe there is merit to having as many eligible voters in the Union as we can while avoiding importation issues.
However, the reforms presented to the Senate would still somewhat undermine the protections afforded to our democracy. A loophole could arise that didn’t exist before. Citizenship was a guarantee for the right to vote. Under these reforms, it would be no longer. And can anyone deny this makes the Union of Democratic States more vulnerable to subversion?
I fail to see a situation of subversion due to the inability to vote one-time to prevent voter importation. A new citizen joins in the middle of the senate election, but cannot vote or run in that specific election. Following the election, they have full privileges and voting rights. If a by-election happened immediately after, they would be eligible to vote and run. At no point does this act call for indefinite suspension of voting rights because they picked an election time to join the Union. It is a one-time blocker.
And for what reason are we doing this? So that newbies can get access to some forum and Discord channels a few days earlier than they would have done otherwise? I don’t see the point.
Our recruitment efforts are hurt by this provision, Senator. The Union spends roughly $360 a year on telegram stamps, an API computer system must be maintained, and manual recruiters spend significant effort in #recruitment-fun on our discord. In a different organization, we have a metric called the "Activation rate". In terms of the Union, activation can be seen as a newly recruited player getting involved in the region. The sooner one can get involved, the likelihood of them lasting past their first 30 days rises. Blocking citizenship for up to 6-12 days can be disappointing to new players who will instead look for new regions. Two applications dated in December were closed because the nations applied during an election period, did not get processed, and subsequently CTE'd. A rough glance at the citizenship application sub-forum does show that most of our applications come in towards the first few days of a month - prime election time.

2022-01-09-11_50_21-Book1---Excel.png

The above graph shows citizenship applications from Oct 2021 to today. As it stands, the majority of applications fell within an election period or it's 3 day look-back period, nearly 60%. An average senate election period can cover 40% of the month. It hurts our region to have such a long ineligibility period. Potential Unionists often go to other regions in this time to find a community instead of waiting on us.

It is a danger, and I will have to think hard before I make my decision to support or oppose this proposal.
I believe your fears are unfounded for the reasons I've laid out above. A technical control (Census talking to EC) preserves the prevention of voter importation, but still allows our region to grow.
What is certain is that this Bill has to be accompanied by a motion to amend the constitution, because Kron is right in saying this proposal is currently unconstitutional. This should’ve been introduced to the Senate with more preparation.
Senator, I will be honest that I take slight offense at the more preparation comment. I did not propose this with my eyes closed. I conferred with others in the region and reviewed that data that showed YES, the Union is losing out on citizens and members because of our long electoral blocking period. I do except the constitutional amendment requirement, as I did not see the clause at the end of 1.2 in the constitution. I believe this is correctable however if the Senate is in agreement with the direction of this act.

I further argue that the constitutional question is moot. However as stated prior, at no time is a citizen's vote revealed, improperly disclosed, or otherwise handled in a way that calls the integrity of the election in to question. The bestowing of citizenship is guided by the Citizenship Act.

Deputy Speaker Glaciosia floated the interesting possibility of removing the no-vote period entirely and criminalizing voter importation instead. I do not have strong feelings towards it, but offer it to the Senate in case it is of interest.

Respectfully,
Kade W. Vasentius
 
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This is interesting evidence and I will reconsider the Bill in light of it. Who is up for writing a constitutional amendment?
 
I don't believe it would require much in terms of an amendment, so I would propose the following:

Code:
[HR][/HR]
[CENTER][IMG width="164px"]https://i.theuds.org/images/2020/12/12/Coat_of_Arms_UDS.png[/IMG]
[B][SIZE=7]A MOTION[/SIZE][/B]
To amend the Constitution of the Union of Democratic States
Introduced into the Senate of the Union of Democratic States on the DATE of MONTH, YEAR, by NAME.
As follows:
[/CENTER]
[HR][/HR]
[I]ASSERTING that the appointment of Cabinet Ministers has been heretofore uncontroversial;
NOTING the considerable delays to the process of executive governance engendered by the nomination process at the start of each term;
UNDERSTANDING that the Senate continues to have the power to remove ,
BE IT ENACTED by the Senate:[/I]

[B]Section 1: Provisions[/B]
1. The phrase ", or applied during election season" shall be struck out from Article I, clause 2 of the Constitution.

v/r
Kade Vasentius
 
For this Bill to become compatible with the Constitution, you would also need to strike out Article I, Clause 4 of the Constitution. Because this Bill in fact denies a vote to a certain class of citizen, being those admitted into the citizenry during election season.
 
@Kade do you wish to withdraw this bill and introduce a constitutional amendment?
 
@EUKBICR Is it possible to place this "on hold" while the constitutional amendment is introduced? If so that would be great. Either way, I shall introduce the amendment shortly in your office.
 
I think 4.5 cannot state that Citizens cannot vote in a certain election - if a citizen is accepted, then per the Constitution they can vote after 5 days. The elections act seems to give 4 days for candidacy forms, so if the EC is late by a day (which can always happen), then Citizens who joined right when an election started gain the power to vote, as I interpret it. Ergo in certain situations, this amendment would violate the Constitution.

Of course I support the spirit of this bill, I'm just not sure how that will work out - but I may have the timings wrong in my head
 
I think 4.5 cannot state that Citizens cannot vote in a certain election - if a citizen is accepted, then per the Constitution they can vote after 5 days. The elections act seems to give 4 days for candidacy forms, so if the EC is late by a day (which can always happen), then Citizens who joined right when an election started gain the power to vote, as I interpret it. Ergo in certain situations, this amendment would violate the Constitution.

Of course I support the spirit of this bill, I'm just not sure how that will work out - but I may have the timings wrong in my head
Your maths is right, so maybe there should be an amendment which defines an election period officially being opened when the candidacy forms are released to the public by the EC.
 
Your maths is right, so maybe there should be an amendment which defines an election period officially being opened when the candidacy forms are released to the public by the EC.
I wouldn't mind such an amendment, but I'm not sure how it addresses this issue, as candidacy forms should be released for around four days, per the law.
 
I've changed my mind. Quite clear the Constitution says that the President and the Senate is elected on the first day of the relevant months, so it really shouldn't be too complicated. Maybe the EC might miss that schedule by a day, but that lies with the EC, not the system of preventing the subversion of our democracy.

The bill should pass now. Kade has presented the evidence that clearly shows this obstacle to citizenship acceptance is a hindrance to the Union's recruitment efforts.

I move to close debate.
 
Actually you are right. I've done a bit more thinking, there are indeed conflicting clauses in the Constitution and these proposals.
 
Debate is closed. We now move to formal vote. Those in favour may say Aye, those against may say No.
 
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