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Proposed Amendment S109.24 [Modified & Made 17.03.2019]

This topic contains 1 reply, has 2 voices, and was last updated by  Mark McNaught 8 months ago.

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  • #1212

    SC_Admin
    Keymaster

    Before

    § 1. The Scottish Electoral Audit Board shall oversee and apply Electoral Law, and shall have the authority to overturn election and referendum results if sufficiently flagrant violations occur, as specified in the CSL.

    After

    § 1. The Scottish Electoral Audit Board shall oversee and apply Electoral Law, and shall not have the authority to overturn election and referendum results if sufficiently flagrant violations occur, as specified in the CSL.

    Justification

    It is a serious omission of the democratic system to overturn election results.

    It would be better in case of flagrant violations to held new elections or a referendum.

    3. Are there inconsistencies and/or contradictions between the Article and other parts of the Constitution and/or the CSL?

    Yes, article IV (A)states that referendum is binding. But if they can overturn the resuls, it loses its binding force.

    Modified

    Sub-section shall read: “The Scottish Electoral Audit Board shall oversee and apply Electoral Law, and shall have the authority to overturn election and referendum results if sufficiently flagrant violations occur, and a new election/referendum shall be held, as specified in the CSL.”

    NOTE: Now Sub-section 2 after addition of Distributed Ledger Technology wording into Sub-section 1.

  • #1265

    Mark McNaught
    Keymaster

    Very good point. That’s what I meant, but didn’t think to add it. Thanks.

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