Bill: Rejected Fair Replacement Act

[HugeBob]

A
BILL
To

Amend the Electoral Act​

The people of the Commonwealth of Redmont, through their elected Representatives and Senators in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment
(1) This Act may be cited as the “Fair Replacement Act”.
(2) This Act shall be enacted immediately upon its signage.
(3) Authored by hugebob23456.
(4) Co-Sponsored by xLayzur.

2 - Reasons
(1) The House of Representatives is elected via proportional representation, however it fills vacancy in a manner more similar to first past the post. This can result in the disenfranchisement of certain parties in the event that a member is removed from the House.

3 - Terms

Reference for Draftsman Act of Congress - Electoral Act

11 - Vacant Seats
(1) Where a seat in a chamber becomes vacant, the relevant presiding officer is obligated to do the following:
a. If it has been 14 days or less since the last election, or 14 days or less until the next election, the Speaker must Nominate the next winning candidate according to the electoral system used in the election. For the nominee to assume office, they must attain a supermajority approval in both chambers.
b. Outside of the above bounds, a special election will automatically take place.
c. Congress must vote on a nomination within four days of the seat becoming vacant. A special election will be automatically triggered where there are no suitable candidates in the most recent election; 4 days has elapsed and the vacancy has not been filled; or a special election has been successfully motioned.

Of the Electoral Act is modified to:

11a - House of Representatives Vacant Seats
(1) In the event that a seat in the House of Representatives becomes vacant, it is to be filled by the candidate of the same party from which the outgoing member was elected under with the next highest number of votes in the most recent general election (not special). The only restriction shall be that the candidate must meet all of the requirements that would be required to contest a general election.
(2) In the event that the party is no longer registered, the party has no further candidates from the most recent general election (no special), or the vacant seat was not previously occupied (newly created seats), the seat may only be filled via special election.

11b - Senate Vacant Seats
(1) In the event that a seat in the Senate becomes vacant, the next highest performing candidate in the most recent Senate general election (not special election) is voted upon by the incumbent House and Senate and must receive a simple majority in both chambers. In the event of a failed vote, the next highest candidate is voted on until no more candidates remain, and at that point the vacancy may be filled only by special election.