Electoral Code of the Empire

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Electoral Code of the Empire

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EXPLANATORY STATEMENT

YOUR EXCELLENCY, THE PRESIDENT OF THE REPRESENTATIVES,
I hereby forward the draft Electoral Code to be voted by the Imperial Diet, as requested to me by His Excellency the Palatine of the House of Peers. I take this opportunity to express my sincere thanks for being chosen to receive the honor of working once again in the legal construction of the Empire.

The Electoral Code below was written in light of the principles enshrined in the Imperial Constitution and the political and juridical tradition hitherto existing in the Empire. Although this Code represents a very significant increase in the volume of electoral laws, it was also inspired by the earlier Electoral Code and micronational political mores in general, especially those preferred by our nation. The right can not be shaped by cyclical ruptures, but by continuous evolution and progress, and therefore this electoral bill aims not to contradict the past, but to refine it and improve its efficiency, always observing the democratic and representative principles that make this Empire a Rule of Law.

It is in this way that the conditions of eligibility and registration of political parties were not significantly altered; the Emperor's performance was guarded as an important factor of political harmony; and especially the fact that this bill did not specify the technical means by which the voting must be carried out, relegating to the decrees this task. This choice is based on the objective of making the law a durable instrument, adaptable to the various technological and social contexts that may arise, capable of receiving different types of innovations within its institutes.

One of the major concerns of this draft Code is to reconcile legal certainty with bureaucratic efficiency. For this reason, new requirements for political party formation and electoral enlistment were created, but only to the extent that they were necessary to ensure that parties and candidates comply with the constitutional mandates for the office and that national sovereignty is respected, protecting us of electoral fraud and foreigners conducting our policy. In this sense, it was also made the choice to list the fundamental requirements of the internal statute of the parties. Without disrespecting their autonomy of internal organization (expressly defended in the Code), these requirements fulfill a very important role of guiding the parties in matters of greater juridical relevance in their internal statutes, ensuring that no one is unfairly discriminated in their political activity, and that the General Assembly of its members acts as a watchdog of the statute rules.

Among the new choices for this law, it is necessary to mention the qualification of social media as a condition of political capacity of the parties. This measure, which is innovative in relation to the previous law, aims to encourage that the political parties actually comply with the constitutional mandate to reinforce citizenship, avoiding the accumulation in the official registers of inert parties that do not generate us active candidates. It is for this reason that inactivity was also instituted as a condition for extinguishing the party ex officio by the Ministry of Justice, whose procedure is detailed in the Code to avoid abuses.

The choice of the plurality voting and district system in the House of Representatives elections was also based on the interest of maintaining efficiency and fairness. With the district model, through the constituencies, it is possible to guarantee in the Imperial Diet a real representativeness of the population; and with the plurality system, the vote counting is greatly simplified.
It is necessary to insist on this same intention, because the Electoral Justice system created in the Code follows this principle. A another innovation, the Electoral Justice acts as a temporary and periodic institution that brings together the Ministry of Justice and the Imperial Supreme Court, with the sole purpose of guiding, protecting, supervising and guaranteeing the electoral process. In this way, it is possible to distribute in a balanced way to sectors of the government the important function of guaranteeing democracy, thereby preventing the error of creating an autonomous and specialized bureaucratic structure, which is not efficient; or giving to just one person enough authority to manipulate the electoral process in a dubious way, which would be unfair.

The continuity of the democratic regime, as a fundamental guide in the drafting of this Code, inspired the title that deals with the procedural defects of the electoral process. In this sense, it was established the maintenance of the electoral process as a legal principle to be considered by the Electoral Justice in the judgment of elections nullity.

Finally, it was decided not to deal with electoral crimes in this Code, relegating its normalization to the Criminal Code. This choice, in addition to encouraging the reform of the criminal law (which is inevitable and urgent), is inspired by the spirit of transforming the legal system of the Empire into an organic and coherent whole, where each kind of law is in place, avoiding extravagances to the maximum.

As Your Excellency read the Code, you can still see innumerable other innovations and improvements, but none of them will deviate from the reasons stated above. Designed to be a dynamic and yet durable law that best meets all the needs of electoral law, this draft Electoral Code has the potential to contribute as an important tool of legal modernization of the Empire. I hope that Your Excellency will see it in this same way, and I respectfully ask your peers to vote for the approval of this project, so that it becomes the new Electoral Code of the Karno-Ruthenian Empire.
Respectfully,
WILHELM VON UND ZU HOCHBACH
Prinz of Wigmaransz
Margrave of Hochbach
Minister of Justice
Palatine of the Court of Justice
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Re: Electoral Code of the Empire

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ELECTORAL CODE

TITLE I
Preliminary provisions
ARTICLE 1º All political power emanates from the people and will be exercised in their name, through a government constituted by agents chosen secretly or publicly, among candidates nominated by national political parties, by direct or indirect elections, according to the law.

ARTICLE 2º The Ministry of Justice shall issue rules for the faithful execution of this Code.
TITLE II
Political parties

Chapter I
Creation
ARTICLE 3º Subject to the provisions of art. 46 of the Imperial Constitution, in order to acquire juridical personality, political parties, in the person of its president, must submit to the Ministry of Justice, at the time of its creation,
I – Internal Statute that determines the norms that will govern it;
II – Letter of Public Presentation, to clarify adequately the identity of the party and its political objectives.
SINGLE PARAGRAPH. The political party shall have at least one president and three members at the time of its creation.

ARTICLE 4º The political capacity of the parties will determine their legal possibility of contracting rights and duties related to the electoral process.

ARTICLE 5º Satisfied the legal provisions on the subject, the Minister of Justice shall declare the existence of its juridical personality and constitute its political capacity, pursuant to this Code.
§ 1º The creation of social media on behalf of the party that discloses it will be resolutive condition of its political capacity, and must be created no later than one week after the authorization of the Ministry of Justice.
§ 2º The party that receives the authorization of the Ministry of Justice less than a week before the beginning of the elections will have the term of the resolutive condition established in the previous paragraph shortened to the day of the beginning of the voting process.
§ 3º In the advent of the resolutive condition mentioned in this article, the party ceases pleno iure to its political capacity, which will only be recovered if, by sending justifications of the lack to the Minister of Justice, he grants to give another term for creation of the social media.

ARTICLE 6º If the legal provisions concerning the Internal Statute are not satisfied, the Minister of Justice will declare the juridical personality non-existent.

ARTICLE 7º If the legal provisions relating to the Letter of Public Presentation are not satisfied, the Minister of Justice will not authorize its political capacity.

ARTICLE 8º In the cases foreseen in articles 6º and 7º of this Code, the Minister of Justice must give reasons for his decision, clarifying which were the defects of registration.

ARTICLE 9º No party registration will be received during electoral period.
SINGLE PARAGRAPH. The same applies to the justification mentioned in art. 5º, § 3º of this Code.
Chapter II
Administration
ARTICLE 10 The political party, legal entity of private law, shall be designed to ensure, in the interests of the democratic regime, the authenticity of the representative system and to defend the fundamental rights defined in the Imperial Constitution.
SINGLE PARAGRAPH. Political parties do not match parastatal entities.

ARTICLE 11 Political parties enjoy autonomy to define, in its Internal Statute, its structure and organization.

ARTICLE 12 Without prejudice to the provision of the previous article, the Internal Statute shall dispose at least about:
I – Party name and acronym, which should represent the party ideology and not be confused in any way with names and acronyms of other parties or bodies of public administration and State institutions;
II – The conditions of affiliation to the party, which should not discriminate against race, religion, financial condition, age, gender or sexual orientation;
III – The conditions of expulsion from the party, which must meet the same requirements of the previous item;
IV – The conditions for candidacy on behalf of the party, which must comply with the criteria of item II of this article;
V – The meeting and voting of the General Assembly, whose composition criteria can not offend the criteria of item II of this article, and whose competence must cover at least any proposal to amend the Internal Statute;
VI – The procedures necessary for the party’s voluntary termination.

ARTICLE 13 The affiliation to parties and occupation of administrative positions within the same is possible only to Karno-Ruthenian citizens.

ARTICLE 14 It is forbidden for political parties to recruit or train paramilitary forces, even for internal security purposes, nor to impose uniforms on its members.
Chapter III
Extinction
ARTICLE 15 Political parties are extinguished only by a final and unappealable judicial decision, ex officio by the Minister of Justice as provided by this Code, or by voluntary termination.
SINGLE PARAGRAPH. The extinction determined by judicial decision nullifies any possibility of a new registration of the same party.

ARTICLE 16 The rule establishing a State of War or any other State of Exception shall not change the provisions of the previous article, although it may affect, if necessary, the time of the electoral process, in accordance with the Imperial Constitution and the specific law.

ARTICLE 17 The Minister of Justice may order ex officio the extinction of the juridical personality of the political party if the following cumulative conditions are satisfied:
I – Inactivity of the General Assembly for more than three continuous months;
II – No candidacy, on behalf of the party, for any office for two consecutive elections;
III – Little activity or complete inactivity of the party in its official social media for more than six months.
§ 1º The president of the party, under the terms of Chapter I of this Title, may register again the party extinguished ex officio by the Minister of Justice within a month after its extinction. After this deadline, the party can no longer be registered.
§ 2º Having its extinction decreed twice by the Minister of Justice, the party can no longer be registered in the future.

ARTICLE 18 The politician elected on behalf of a party extinguished during the exercise of his mandate shall automatically lose the public office.
TITLE III
Electoral enlistment
ARTICLE 19 Electoral enlistment guarantees the right to political candidacy for public office.

ARTICLE 20 The Karno-Ruthenian citizen, in the enjoyment of his full civil capacity, may present himself for enlistment if he presents to the Ministry of Justice, within the legal term, and together with a formal message declaring interest in a specific public office:
I – Subscription number of civil registration, together with the indication of his electoral domicile, demonstrating that he resides in the same constituency for which he intends to apply;
II – Authentic certificate, issued by any judicial body, declaring that the candidate is not under deprivation of political rights, and had not been convicted in the past in a deprivation of political rights superior than 5 years, or in fine of more than RMK$ 50.000,00;
III – Authorization signed by the party, in which the application on its behalf is recognized;
SINGLE PARAGRAPH. The party may not authorize the candidacy of two persons simultaneously for the same public office of plurality voting.

ARTICLE 21 The deadlines for electoral enlistment will be determined by decree by the Ministry of Justice.
TITLE IV
Electors
ARTICLE 22 All citizens, when acquiring civil capacity, also acquire the title of elector, which confers the possibility to directly elect their political representatives in the form of the law.

ARTICLE 23 Electors exercise their rights conferred by this title by direct, secret, periodic and facultative vote.
TITLE V
Electoral process

Chapter I
House of Representatives

Section I
Constituencies
ARTICLE 24 The representatives are elected directly by the people by plurality voting in each electoral area, called constituencies.

ARTICLE 25 The constituencies will be delimited by ordinary law.
SINGLE PARAGRAPH. The law that establishes the constituencies can not be reformed or revoked within five weeks immediately preceding the election.

ARTICLE 26 The constituencies shall be demarcated by observing the demographic distribution and the territorial extension in order to contemplate, in greater number, those more densely populated places, so that the representation in the Lower House is always proportional.

ARTICLE 27 The vacancy of seats due to impossibility of electing a representative, provided that it is not caused by reasons that lead to the annulment of the electoral process, will not affect the normal exercise of the legislative year.
Section II
Voting
ARTICLE 28 All electors, including those who have completed electoral enlistment, shall be called to vote by official convocation of the Emperor, held after the dissolution of the House of Representatives by Imperial Decree, and will have their votes considered valid if they indicate, at the time of voting, their civil registry.

ARTICLE 29 The ways and vehicles by which the voting will take place will be regulated by a decree of the Ministry of Justice.
Section III
Calculation
ARTICLE 30 The receipt of the votes, as well as their verification, will be responsibility of the Imperial Supreme Court, which is bound in maintaining its secret and in the legitimacy of its final result.

ARTICLE 31 The Imperial Supreme Court shall keep secret archives containing the uncovered record of deposited votes, and these archives will not be disclosed either to the people or to other authorities, except in the form of the law.

ARTICLE 32 Invalid and unrealized votes will not be taken into account for the establishment of the majority margin.

ARTICLE 33 After the counting of valid votes, the Palatine of the Court of Justice will ratify a document containing them, ensuring its legal compliance, and will send the results, with the list of the elected candidates, to the Emperor.

ARTICLE 34 The Emperor shall have complete access to the means of receiving and counting votes, as well as to the archives mentioned in article 31, and shall ensure the correct observance of the laws, the Constitution, national sovereignty and collective interest in the electoral process.
Chapter II
Imperial Chancellor

Section I
Eligibility
ARTICLE 35 All Karno-Ruthenian citizens who are civilly capable and meet the requirement laid down in article 20, item II shall be eligible for Imperial Chancellor.
Section II
Voting
ARTICLE 36 The voting for Imperial Chancellor will be made indirectly by the House of Representatives, on the occasion of the vacancy of this office.
SINGLE PARAGRAPH. This vote will be public and discovered.

ARTICLE 37 The representatives shall vote, respecting the criterion of article 35, in whom they deem fit to occupy the position, and the name that obtains the relative majority of the votes shall be considered elected, provided that it represents at least 1/4 of the representatives.
SINGLE PARAGRAPH. If it does not meet the requirements of this article, voting will take place again until the necessary numbers are reached.

ARTICLE 38 The vote of the representatives for Imperial Chancellor is mandatory.
Section III
Calculation
ARTICLE 39 The electoral process for Imperial Chancellor will be conducted by the President of the Representatives, who will calculate the final result in a public poll conducted at the same voting session.

ARTICLE 40 The results of the voting shall be ratified by the President of the Representatives, ensuring its legal compliance, and shall be sent to the Emperor.
Chapter III
Other eligible public offices
ARTICLE 41 The administrative regions may hold elections to representative public offices in their own jurisdiction, respecting the general norms of this Code and observing the principle of symmetry.
Chapter IV
Procedural defects
ARTICLE 42 Failure to comply with the provisions of this Code for the conduct of elections will result in a procedural defect, which will be known by the bodies conducting the Electoral Justice, namely:
I – The Ministry of Justice, ex officio or upon complaint, to the reparable defects;
II – The Imperial Supreme Court, by means of denunciation, for the accusations of electoral crimes or defects that lead to the nullity of the elections, even if partial.
SINGLE PARAGRAPH. The nullity of the electoral process shall be declared only by the Imperial Supreme Court due process of law.

ARTICLE 43 The procedural defect will be an opportunity to annul the elections observing the maintenance of the electoral process principle, seeking to preserve it as a whole to the maximum.

ARTICLE 44 The sole candidate, or the absolute lack of candidates in a constituency does not annul the electoral process, unless the cause of this fact rests in guilt or intention of a Public Power agent, or in some sort of electoral crime.
TITLE VI
Electoral Justice
ARTICLE 45 The Electoral Justice is the branch of the Public Power with the purpose of watching over the legality of the electoral process, its democracy and representativeness.

ARTICLE 46 The Electoral Justice bodies are the Ministry of Justice and the Imperial Supreme Court, when they act in the competencies established by this Code.

ARTICLE 47 It is incumbent upon the Ministry of Justice, as an organ of the Electoral Justice:
I – Conduct electoral enlistment, authorizing or not the stages of this process;
II – Conduct the vote for member of the House of Representatives, establishing the dates of their execution, deadlines, and all necessary rules for the establishment of the voting model adopted;
III – Conduct the registration of political parties, as well as continuously monitor its perfect performance, authorizing or not the stages of the process related to the registration and existence of the party;
IV – Judge reparable procedural defects;
V – Judge in a proper administrative process the appeals against its decisions as an organ of the Electoral Justice.

ARTICLE 48 It is incumbent upon the Imperial Supreme Court, as an organ of the Electoral Justice:
I – Receive and calculate the votes for member of the House of Representatives, and preserve its archives;
II – To inspect and determine the validity of the elector status of the voters for the election of members of the House of Representatives;
III – Judge electoral crimes and irreparable procedural defects;
IV – Judge the proceedings referred to in item V of article 47, if, after exhausting the administrative remedies of the Ministry of Justice, the injured party wishes to initiate the Judicial Power;
V – Declare valid the elections for member of the House of Representatives, or annul elections due process of law.
TITLE VII
General provisions
ARTICLE 49 Re-election to member of the House of Representatives may occur for no more than three consecutive times.

ARTICLE 50 With the ratified results of the elections conducted by the Palatine of the Court of Justice, the Emperor will promulgate it, giving efficiency and proceeding to the graduation of representatives, carried out by the Emperor himself.

ARTICLE 51 With the ratified results of the elections conducted by the President of the Representatives, the Emperor will invite the elected name to compose a Cabinet of Government in His name.

ARTICLE 52 Based on the provisions of article 34, the Emperor may refuse to appoint a specific representative, or all of them, or refuse to invite the name elected by the Lower House to compose a Cabinet.
SINGLE PARAGRAPH. The Emperor's refusal for any of the cases listed in this article implies His duty to call new elections, if He refused to appoint a member to the House of Representatives; or invite the Lower House to vote again, if He refused to invite its elected to composse a Cabinet.

ARTICLE 53 The effectiveness of the Emperor's invitation, provided for in article 51, is conditioned to the acceptance of the position by the name elected for it in the House of Representatives.

ARTICLE 54 The Imperial Chancellor, upon assuming his position, shall lose any other public office he is occupying, and shall withdraw from any other private occupation which he is involved.

ARTICLE 55 For the purposes of the vacancy referred to in article 36, it shall only occur in the cases provided for in article 71 of the Imperial Constitution or by final criminal judgment.
SINGLE PARAGRAPH. The regular dissolution of the parliament at the end of the final legislative year, and even the extraordinary dissolution in the case of State of Exception, shall not result in the abolition of the Cabinet of Government, keeping the Imperial Chancellor his office during the elections and the next election year indefinitely, unless any of the conditions for the loss of the mandate provided for in the caput of this article occur.
TITLE VIII
Temporary provisions
ARTICLE 56 Until the moment of the classification of the electoral crimes in the Criminal Code, all irreparable violations of this Code, mentioned in article 48, item III, will be judged by the Imperial Supreme Court considering the general principles contained in the Criminal Code in effect, in the Constitution and the general principles of law. The sanctions, in these cases, shall be of temporary loss of political rights or definitive loss of citizenship.
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