The Clark

Official Legislative Journal of Talossa – 1st August 2005/XXVI

Part one: Results of the July, 2005 Clark

Cosâ Votes: (p) = pass, (f) = fail, (b) = blocked (failed in one house), (2) = failed 2/3 vote

MC

Party

Seats

14p

15f

16f

17f

18f

19p

20f

21p

22p

23f

VOC

Castiglhâ

CLP

12

con

për

con

con

con

con

con

con

con

con

no

F. Buchholtz

CLP

10

për

për

con

con

con

aust

con

për

për

con

yes

J. Buchholtz

CLP

10

për

për

con

con

con

aust

con

për

con

con

yes

Metáiriâ

CLP

12

për

për

për

con

con

con

con

për

con

con

yes

Rajala

CLP

12

për

për

aust

con

con

con

con

con

con

con

yes

Asmoûr

MN

20

 

 

 

 

 

 

 

 

 

 

 

Cantaloûr

MN

20

për

con

për

aust

për

për

për

për

për

për

yes

Cheléir

MN

8

con

con

con

për

për

për

për

për

për

për

yes

Durnford

MN

20

con

con

con

për

con

për

për

për

con

për

yes

Erni

MN

20

për

për

con

con

con

con

con

për

con

con

yes

Clark

MN

20

për

con

con

për

për

për

për

për

për

për

yes

Cone

ZPT

16

për

con

con

con

con

për

con

për

për

con

yes

Moisan

ZPT

16

për

con

con

për

aust

për

con

për

për

për

yes

Lorentz

OTP

4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

136

-40

76-

100

32-

132

64-

92

48-

112

100

-56

68-

108

152

-24

90-

86

84-

92

164

-12

(late) = votes received after deadline; blank = no votes received

Senäts Votes: (p) = pass, (f) = fail, (b) = blocked (failed in one house), (2) = failed 2/3 vote

Province

Senator

RZ

14

RZ

15

RZ

16

RZ

17

RZ

18

RZ

19

RZ

20

RZ

21

RZ

22

RZ

23

Atatürk

Cantaloûr (MN)

për

con

për

aust

për

për

për

për

për

për

Cézembre

Felici (MN)

për

con

për

për

për

për

për

për

për

për

Florenciâ

Pànetâ (MN)

për

con

për

con

con

për

aust

për

për

aust

Maricopa

Hottelet (MN)

 

 

 

 

 

 

 

 

 

 

Mar-Mar

Lorentz (OTP)

 

 

 

 

 

 

 

 

 

 

Mussolini

Cone (ZPT)

për

con

con

con

con

për

con

për

për

con

Vuode

Durnford (MN)

con

con

con

për

con

për

për

për

con

për

 

 

4-1

0-5

3-2

2-2

2-3

5-0

3-1

5-0

4-1

3-1

Part Two: New legislation for August, 2005


RZ 24: THE HOUSE LAW OF THE HOUSE AND DYNASTY OF ROUERGUE ACT


WHEREAS, on 11 February 1989 the Royal House approved for itself a House Law on succession to the Throne, and


WHEREAS, the Cosâ confirmed this House Law as the law of the land of the Kingdom of Talossa by a vote of 178-0 in March of 1989, and


WHEREAS, all archival copies of the House Law have evidently disappeared, leaving the Talossan institution of monarchy with no clear line of succession,


Therefore, the Ziu hereby adopts, and transmits to the people for their verdict in a referendum, this House Law of the House and Dynasty of Rouergue, as a part of the Organic Law.


Section 1 [Royal Line]


The Royal Family of Talossa is that of the House and Dynasty of Rouergue. The reigning King is Robert I (1965-). His Throne shall be inherited by the descendants of Raymond I, Count of Toulouse (852-862).


Section 2 [Son or Daughter]


(1) On the demise of a King the Throne shall pass to his son or daughter so that a son shall take precedence of a daughter, and where there are several children of the same sex the eldest child shall take precedence of a younger child.

(2) Where one of the King’s children has died the issue of the deceased shall take his place in accordance with the lineal descent and the rules laid down in Subsection (1).

Section 3 [Brother or Sister]


(1) On the demise of a King who has left no issue entitled to succeed to the Throne, the Throne shall pass to his brother or sister with preference for the brother.

(2) Where the King has one or more brothers or one or more sisters, or where any of his brothers or sisters have died, the rules of Section 2 shall apply correspondingly.


Section 4 [Adoption and Designation]


A child, descended from Raymond I, and adopted by a member of the Royal Family and designated as his heir, shall take his place in the line of succession as if lawfully born. If there is dispute as to the legitimacy of his lineage, the decision of the law shall suffice.


Section 5 [Nearest Collateral Line]


Where there is no person entitled to succeed to the Throne under the rules of Sections 2 and 3, the Throne shall pass to the then nearest collateral line of the descendants of Raymond I, Count of Toulouse, in accordance with the lineal descent, and with preference correspondingly for men over women, and for the elder over the younger as laid down in Sections 2 and 3. Where a variety of claimants present themselves, the Talossan people shall make a choice among all the legitimate claimants in a referendum.


The choice shall be made by an absolute majority of the votes cast. If such a majority is not obtained on the first ballot, a second ballot shall take place on the fourteenth day thereafter. Only the two candidates who received the greatest number of votes in the first ballot, account being taken of any withdrawal of candidates with more votes, may stand in the second ballot.

 

Section 6 [Exclusion of Illegitimate Successors]


(1) The King shall not enter into marriage without the consent of the Ziu.

(2) Where a person entitled to succeed to the Throne enters into marriage without the consent of the King, the person in question shall forfeit his right of succession to the Throne for himself and the children born of the marriage and for their issue.

(3) The former King Robert II, and his issue, shall be ineligible to succeed to the Throne.

(4) No person shall succeed to the Throne unless he or she is a Talossan citizen, or is naturalized as a Talossan citizen within six months of his or her succession. Failure to be naturalized, or any reason, is treated as abdication.


Section 7 [Abdication of a King]


The abdication of a King shall be treated as a demise for all provisions of this Act, and shall in no wise prejudice or disqualify his heirs.


Section 8 [Adoption of House Law]


This Act shall come into operation upon its approval by a majority in a referendum held for that purpose.


Section 9 [Regency]


(1) It shall be lawful for the King at any time when he may be about to absent himself from the Kingdom, to appoint a Regent, who shall administer the Government in his name and exercise all his powers, during his absence; and likewise the King may, by His last will and testament, appoint a Regent to administer the Government during the minority of any Heir to the Throne; and should a Sovereign decease, being heirless, or leaving a minor heir, and having made no last will and testament, the Uppermost Cort at the time of such decease shall be a Council of Regency, until the Ziu, which shall be called immediately, be assembled, and the Ziu immediately that it is assembled shall proceed to choose by law a Regent, who shall administer the Government in the name of the King, and exercise all the powers which are constitutionally vested in the King, until the legitimate heir shall have attained the age of eighteen years, which age is declared to be the majority of such Sovereign.


(2) Should the duration of the service of the Regent exceed two years, or should the Regent at any time decease or abdicate, then a Regent shall be elected by the Talossan people, by an absolute majority of the votes cast. If such a majority is not obtained on the first ballot, a second ballot shall take place on the fourteenth day thereafter. Only the two candidates who received the greatest number of votes in the first ballot, account being taken of any withdrawal of candidates with more votes, may stand in the second ballot. Balloting shall be begun by a writ of election issued by the Prime Minister, within sixty days of the circumstances which force its issue, or at the time of the next General Election, whichever is sooner.


Section 10 [Removal from office of the King and declaration of the King’s incapacity]


(1) If, as a result of serious physical or mental illness, the King becomes permanently incapable of exercising the powers and duties assigned to him by the Organic Law to promote the reputation, esteem or welfare of the Royal House or of the Kingdom of Talossa, or if the circumstances set out in Section 10 arise in a permanent manner, the Uppermost Cort shall, after careful clarification of the facts, and by a unanimous vote, call on the King to abdicate.


(2) If the King is unable or unwilling to accede to this request within an appropriate period of time or if the attempt to make contact with the King appears from the outset to have no prospect of success, the Cort shall institute the procedure to relieve him of office or the procedure to have him declared incapable.


(3) Insofar as the King is unable to represent himself, he shall be assisted by a temporary representative for the purpose of the proceedings, appointed by the Cort from suitable members of the family with the right to vote, other than the next person in line to succeed to the throne and his issue;


(4) the physical or mental illness resulting in the King’s permanent incapacity for office shall be confirmed by reports drawn up by two experts independently of each other;


(5) the procedure for a declaration of incapacity may be combined with the procedure for removal from office.


(6) Where the Reigning Prince's disability, referred to above, is only temporary but nonetheless so grave that the major interests of the Royal House or the Kingdom of Talossa would seem to require action to be taken, the Cort shall call upon the King to remedy the situation by appointing a Regent. If the King is unwilling to take such a step within a reasonable period, the rights and duties with regard to remedial measures pass to the Cort.


Section 11 [Motion of no confidence in the King]


(1) Where the Talossan people have passed and notified a motion of no confidence in the King, by referendum, under the provisions of the Organic Law, it shall be acted upon expeditiously:


(2) If the conduct of the King has an adverse effect on the reputation, esteem or welfare of the House and Dynasty of Rouergue or of the Kingdom of Talossa, and the Talossan people have passed and notified a motion of no confidence in the King, the Uppermost Cort shall be authorized and under a duty to take disciplinary measures against the King.


(3) The only disciplinary sanction available against the King is either censure or removal from the throne, both by a unanimous vote. In this connexion the sanction of removal from the throne shall be imposed only where a censure of the King in disciplinary proceedings has been without effect because the King has persisted in the misconduct for which he was censured, or where the type, extent, duration or consequences of the misconduct was so grave that to impose the disciplinary sanction of a censure had to be seen as manifestly inadequate from the outset;


(4) If the conclusion of the disciplinary proceedings is the removal of the King from the throne, then this shall also be published in the Clark.


(5) Where the King is lawfully deposed in accordance with the preceding, or removed from office or declared incapable in accordance with the preceding, his rights and duties shall be exercised by a Regent until his successor accedes to the throne (Section 9).


Uréu q’estadra så: King Robert I


RZ 25: THE REMOVE THE KING FROM THE CITIZENSHIP PROCESS ACT


Whereas, the integrity and impartiality of the King have been called into question through implications that the King enjoys an “unfair advantage” due to his ability to grant (and, by further implication, to deny) clemency and thus restore citizenship to former Talossans who lost their citizenship due to protracted non-voting (the “Three Strikes Law”), and


Whereas, the King seeks to eliminate any possibility of any public official abusing this power,


Therefore, the Ziu hereby approves the following Amendment to the Organic Law, and transmits the same to the Talossan people for their verdict in a referendum to be held concurrent with the September/October 2005 General Election:


1. Article XVIII:Section 10 of the Organic Law is hereby rewritten to read as follows:


2. Article XVIII:Section 10. Talossans may also lose their citizenship through long-term non-participation. This is defined as failure to vote in three consecutive elections. If a citizen wishes (for reasons of conscience) not to vote, he shall notify the Secretary of State indicating his intent, and this shall count as a 'vote' for purposes of this article. Any Talossan who loses his citizenship by not voting may reactivate his citizenship at any time by notifying the Government of Talossa of his intent to return to citizenship. In order to be effective, such notification must provide current contact information such as address, phone number, and so forth.


Uréu q'estadra så: King Robert I


RZ 26 THE DESTINY OF BEN ACT


The Ziu hereby resolves to place the following “yes/no” referendum question on the September-October 2005 ballot:


Should King Robert I (Ben Madison) relinquish the throne and return to ordinary life in Talossa, leaving Prince Louis, age 7, as the eventual King, with Tomás Gariçéir as Regent to conduct the official duties of state in Talossa for the foreseeable future? (Yes/No)


Uréu q’estadra så: King Robert I


RZ 27 THE SENÄTS QUALIFICATION CORRECTION (AMENDMENT) ACT


WHEREAS, it was pointed out by John Woolley that a discrepancy exists between two articles of the 1997 Organic Law; and,


WHEREAS, it is important to correct the situation to avoid possible dispute in future senatorial elections;


THEREFORE, the Ziu of the Kingdom of Talossa agrees in a two third majority, subject to approval in a national referendum that the 1997 Organic Law shall be amended as follow:


Art. V:Sec. 2. The qualifications of Senators shall be the same as those required of a member of the Cosâ, in addition to the fulfillment of one of the following additional qualifications:


- He must have been a Talossan citizen for more than two years, or:

- He must have served continuously as a Member of the Cosâ for one year, or:

- He must have served for six months as either Seneschál, Secretary of State, or Justice of the Uppermost Cort, or:

- He must have received a title of nobility or other meritorious decoration from the King.


However, notwithstanding any provisions by the Ziu, a senator shall never be required to vacate his place during his term of service, due to a change in the qualifications of senators.


Uréu q'estadra så: Marc Moisan (ZPT - Atatürk)


RZ 28 THE ELECTED PROVINCIAL GOVERNORS ACT (AMENDMENT) ACT


WHEREAS, division of powers in provincial governments (between a King-appointed governor, an elected legislature, and a premier theoretically chosen by the legislature) is dangerously vague and confusing, leading to a system of government which fails to work in virtually every province, with more than a dozen offices vacant and provinces with no actual leadership, and


WHEREAS, the simple “American system” of an elected Governor presiding over an elected Legislature has been successfully tested and proven to work in fifty American states, and


WHEREAS, The voters of Talossa’s provinces already elect a single official – their Senators – to the Federal Talossan government, in regular elections,


THEREFORE, the Ziu hereby resolves, and places before the people at its earliest convenience, the following alterations to Article XVII, Section 9 of the Organic Law:


1. Article XVII, Section 9d is changed to read as follows:


Article XVII, Section 9d. Rules of Order. Each provincial parliament, once elected, shall choose by majority vote of its seats the rules under which the parliament shall operate. These rules are subject to review by the Uppermost Cort to guarantee that they do not violate the rights of voters and representatives in the province. In the absence of defined rules, traditional rules of parliamentary procedure (e.g. “Robert’s Rules of Order”) shall prevail.


2. Article XVII, Section 9e is abolished, and replaced with the following:


Article XVII, Section 9e. Election of the Premier, and His Powers. Each province shall have a single elected chief executive, or Premier. Each Province selects an official title for its own Premier, according to the historic traditions of the Province. The Senator for each Province shall be, and shall act as, the Premier thereof, unless some other individual shall receive more votes than the Senator. In that case, that individual shall be Premier. The federal ballot shall contain a write-in space for voters in each province to select a different individual other than the Senator to be Premier. The Premier shall be elected according to rules for Senators, except that any voting citizen of the province may contest the election for Premier. The term of office for the Senator and Premier is the same. The Premier shall have a line-item veto over provincial legislation, which the provincial legislature may override by a two-thirds vote. He shall have no right to dissolve the legislature, which shall sit according to the term of the Cosâ.


3. Article XVII, Section 9f is added, to read as follows:


Article XVII, Section 9f. “Opt-Out” Provision. With the consent of a federal law, a province may opt out of any and all provisions for the election of its legislature and/or premier as specified in Article XVII, Section 9. A province granted this right shall hold its own elections for any and all provincial offices according to its own constitution, laws, and timetables. To do so, the province must have at least ten citizens, five or more of whom have physically signed an actual petition calling upon the Ziu in writing to ratify such a law. It must, before the law is proposed, have written its own constitution and adopted same by a two-thirds vote in the provincial legislature, with the consent of the Premier, and a majority of its citizens must approve it in a referendum. Should the Uppermost Cort find that the province has failed to hold any election on time, or that the provincial government is in gross and flagrant violation of national or provincial law, the province shall revert to the status of a territory upon the order of the Cort.


Uréu q’estadra så: King Robert I



RZ 29 THE NOTIFICATION OF PARTIES, ETC., ACT


It shall be law that the Immigration Minister shall, upon naturalization of any new Talossan, at once inform the Secretary of State and the leaders of all existing political parties with representation in the Ziu, of all contact information for said new Talossan.


Noi urent q’estadra så: Fritz von Buchholtz (CLP-Maritiimi-Maxhestic) and King Robert I


RZ 30 THE IMMIGRATION AND POLITICS ACT


Whereas new voters should be made to feel welcome to the Kingdom before being solicited for their political support, and


Whereas it is desired that, as far as possible, political parties be on an "even field" with respect to wooing new voters,


The Ziu hereby enacts that:


1. Upon the approval of citizenship of any newly arrived immigrant, or the readmission to citizenship of a former citizen, or the admission to voting status of a dandelion, the Immigration Minister shall make known to the chairman of each registered political party in Talossa, either viva voce or by email, the new voter’s email address, physical address, telephone number,

and/or other such contact information as the new voter has provided; and the information thus given to each party shall be identical.


2. No Talossan citizen may approach or communicate with any prospective citizen or new voter for the purpose of obtaining or soliciting the new voter’s political support for any party or person, until such time as the fact of the new voter’s citizenship or new status has been posted on

Wittenberg (or otherwise published to the populace of the Kingdom), and a period of 24 hours allowed as sufficient time to permit those Talossans who wish to welcome him to the Kingdom (in a non-political fashion) to do so.


Uréu q’estadra så: Fritz von Buchholtz (CLP-Maritiimi-Maxhestic)


RZ 31 THE ATTORNEY GENERAL ADVISORY BOARD ACT


Whereas the name "Talossa" is a legal trademark held by King Robert I (R. Ben Madison) in trust for the entire Talossan nation, and


In order to preserve and protect that name in the future, as well as to prevent it from being used improperly and illegally,


The Cosâ and Senäts of Talossa gather together in unity to request that the King ask the Prime Minister to appoint, by PD, an Advisory Board to consist of one member of each party to be selected by those parties chairman (leaders).


The function of this Board shall be to consult with legal counsel, to explore Talossa’s legal options, and to suggest courses of action to the government for the purpose of trademark enforcement and related matters. Should such action be taken, it shall be taken by the Attorney General in the name of all Talossans.


The Attorney General may take no official action without the consent of the Advisory Board, but (due to the sensitive nature of his work) the consent of the Advisory Board is not required on a case-by-case basis. The Attorney General is subject in all his official actions to the oversight of the Advisory Board. Any actions taken by the Attorney General may also be voided by law.


Uréu q’estadra så: Fritz von Buchholtz (CLP-Maritiimi-Maxhestic)


RZ 32 THE VOTE OF NO CONFIDENCE IN THE SECRETARY OF STATE ACT


Whereas, there is a conflict of interest between being King and being Secretary of State, R. Ben Madison should resign as Secretary of State, and a replacement should be chosen.


Uréu q’estadra så: King Robert I


********


REMINDER TO COSÂ MEMBERS: Do not forget to vote on the Vote of Confidence:


Do you wish the current government to continue in office? ___ YES; ____ NO


********


Deadline for voting: 7 pm, 21 August 2005. All Cosâ and Senäts votes should be sent to:

Secretary of State R. Ben Madison: talossa@execpc.com


********


NOTE TO ALL SENATORS AND COSÂ MEMBERS:


This is the last Clark of the thirty-fourth Cosâ. A General Election for the thirty-fifth Cosâ, and for Senator in the provinces of Atatürk and Cézembre, shall begin on 15 September 2005 and shall conclude on 14 October 2005.


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