Review of the Aulic Court: Eligibility of Regents to Run in Elections

[Xarkly 12618]

Review of the Aulic Court:

ELIGIBILITY OF REGENTS TO RUN IN ELECTIONS

 

 

KRUSAE ZWY KONGZEM

 

Issued by the

AULIC COURT

On this 9th day of Msitza and Dargund of 371 ES

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VA BIRODEO HERZENAV AG EDLERVIK,

 

On the 10th of Jula and Piov of 371 ES, the Aulic Court was petitioned by the then-Lord-Handler Fionn Castaway on whether Aldrik Baruch, while acting as Regent of House Amador, was eligible to run for election as Alderman. The issue presented was that, if successful in his campaign, Fir Baruch would wield two votes on the Royal Duma -- one on behalf of House Amador, and one as elected Alderman. After close deliberation, the Aulic Court now seeks to deliver legal clarification on the matter.

 

Ruling

A Regent cannot run for office as Alderman.

 

Majority Jovenaar

Reza Gynsburg

Erika Kortrevich

Lauritz Jensen

Annika Vyronov

 

Dissenting Jovenaar

Lukas Rakoczy

Eleanora Mannox

Konstantin Wick

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OPINION OF THE COURT

Delivered by Jovenaar Jensen, joined by Jovenaars Vyronov & Kortrevich

 

I must admit that it is a shame that the eligibility criteria to run for election are not actually properly defined in the Haurul Caezk; this is something I suppose is a relic from the time when the Haurul Caezk was nonexistent, dating back to the period before Haeseni independence.  Nevertheless, Section 7 of the eligibility would imply that a man may only hold one seat in the Duma: “7. Candidates may only nominate themselves to run for one office.” In this instance, I perceive that ‘office’ in this case also translates to Duma seat as per Section 210.02 of the Haurul Caezk. I infer for this that is the intent of the law that only one seat should be held by the same person.

 

 However, I do also bid we take note of Section 210.07 of the Haurul Caezk, which states: “Any seat of the Royal Duma left vacant for three consecutive sittings of the Royal Duma without proper reasoning shall be suspended until deemed fit by the Crown.”

 

Aldrik Baruch’s prospective election while also being the man entitled to the Amador seat as current Regent poses the danger of the Amador seat being revoked due to his inability to attend as both Amador and elected Alderman. As he is the Regent, and thus, as per Section 604.03 of the Haurul Caezk providing “the Regent shall be obliged to fulfill the duties of the nobility in their entirety”, which include, per Section 602.01, “a Haeseni Peer shall sit on the Royal Duma and appoint a representative when unable to do so”. This clearly says that it is the responsibility of Aldrik Baruch to sit on the Royal Duma, as the representative of House Amador, if he were to sit there as a Royal Alderman, he would not be fulfilling the duties of the nobility in its entirety for he would clearly be unable to sit on the Royal Duma at the time.

 

To conclude, I believe that Aldrik Baruch’s decision to run for Royal Alderman is most negligent of his duties as Regent of House Amador, as his election will most likely result in the suspension of the House’s seat. It would not only be in the best interest of the Royal Duma, but the House of Amador, that Aldrik Baruch be stopped from running before this negligent damage can be done to the House. We are Jovenaar -- we must, like all others, help uphold the dignity of this Kongzem and its subjects.

______________________________

 

Concurring

Chief Jovenaar Gynsburg

The Aulic Court of the Kingdom of Hanseti-Ruska declares a legal moratorium on the General Elections of Haense, 371 E.S., on the following grounds of contested candidate eligibility. On the question of whether an individual can occupy two seats based upon the assumption of office in two conflicted obligations, the Court shall settle the dispute. 

 

Lord Aldrik Baruch’s candidacy as Alderman of the Royal Duma brings before the Aulic Court a point of legal contention on whether his presumed responsibilities as a regent of House Amador prohibits his campaign for elected office. It is clear that the institutional structure of the Royal Duma is organized such that it retains clear boundaries of office for Aldermen and ex officio the several Peers of the Kingdom who retain a seat by noble birthright. The question, then, is the issue concerning the protection of nobility and the sacred obligation duly charged by those entrusted with its powers and privileges. 

 

Since Lord Aldrik Baruch has been duly charged by the House of Amador to serve as a custodian of the noble affairs on behalf of the underaged peer, Lord Baruch assumes all responsibility to that of a Peer or patriarch. Therefore, his station is equal to that of Peer, thus granting him a seat in the Royal Duma (HC 604.03). We must assume that any individual who serves as Regent is equivalent to a titled peer, or else he disqualifies himself from having legitimate authority over the noble family.

 

In assuming the regency of a noble house, Lord Baruch is entitled to all privileges retained to his station, one being his obligation of representing House Amador in the Royal Duma. His duty in this office is incumbent upon him, and therefore his decision to run for Alderman should be negated. Years of precedent regarding the administration of elections have called for one seat, one vote. Reforms have been enshrined to broaden eligibility and confine peers, commoners, and gentry from serving across various offices. Furthermore,the law specifically provides that “a Regent must (emphasis added) be appointed to manage their affairs until their fourteenth birthday (HC 604.01),” thus requiring Lord Baruch to sit in the Royal Duma equivalent to that of a titled Peer until the appointed time. Consciously understanding this role is both a sacred contract with the Crown to discharge the authority of a peer and cannot thus be conflicted in other temporal matters.

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Dissenting

Jovenaar Wick, joined by Jovenaar Mannox

My own reading of the law lends to the conclusion that the Royal Duma is intended not to facilitate one man or woman holding more than one vote. I would be inclined to imply from the law that no elected officer may be a Peer, but the fact that Section 211.044 specifically excludes Peers from the office of Grand Maer and not that of Alderman must be observed here, as it lends the wording of the law here intent that only one elected office is excluded from being held by Peers.

 

While I cannot fathom why this provision was not extended to include Aldermen and I am of the staunch opinion that no man should hold two votes on the Duma, I am unprepared to imply something from the law that legislators clearly contemplated but did not include. It seems most fitting to me that the Crown issue an Edict to remedy this if it sees fit to. Otherwise, I must conclude that the law as it currently stands seems too deliberate to allow such an implication here.

______________________________

 

Dissenting

Jovenaar Rakoczy

It is my opinion that Lord Aldrik has not broken any laws that would prevent him from running for office. The rules of the nominations state that no candidate can be a titled Peer, and a Regent is not considered a title Peer under the law but instead a temporary manager of an estate. Per Section 210 of the Haurul Caezk, the only legal requirement for a candidate to run for elected office is that they are at least fourteen years of age.

 

While I disagree with the notion that a titled Peer can run for the office of Alderman, it is not our right to legislate from the bench, but instead to interpret the law as written. From what I can see, the law is clear, and no law has been branched here. If there are holes in the law, then it is up to the Duma or the Crown to see them filled, not us. If it is a matter of one man temporarily holding influence over two seats, then it should be left to the electorate to decide whether they wish to grant any man that power. I will oppose any attempt to muffle the voice of the voters.

______________________________

 

IT SO ORDERED.

 

IV KOENGZ MAAN,

Chief Jovenaar Reza Gynsburg

Jovenaar Lukas Rackozy

Jovenaar Erika Kortrevich

Jovenaar Lauritz Jensen

Jovenaar Annika Vyronov

Jovenaar Eleanora Mannox

Jovenaar Konstantin Wick

[Fionn__TWG 2616]

Fionn Castaway received a copy of the review through the Attenlund letter drive. he'd open it up and a smile would creep across his mouth "There we go. Always nice to have something clarified." He'd smile to himself again before continuing to get shitfaced on druid mead.