ON REFERENDUMS AND INITIATIVES IN THE DAIKOKU FEDERATION CHAPTER I - REFERENDUMS
ARTICLE 1 There shall be two kinds of referendums in the Daikoku Federation: (1) federal referendums, for questions of federal importance, and (2) states referendums, for questions of federal entity importance. ARTICLE 2 Federal referendums shall be held in the following cases: (1) The introduction of a federal initiative, (2) The approval of either an amendment or a review to this Constitution, (3) The approval of a new Constitution, (4) The proposal of the Premier of the Daikoku Federation on subjecting the approval of a federal law to a referendum, and (5) The proposal of the Premier of the Daikoku Federation on subjecting a question of national interest to a referendum. ARTICLE 3 States referendums shall be held in the following cases: (1) The introduction of a states initiative, (2) The approval of federal laws on altering the territories and determining the status of federal entities of the Daikoku Federation, and (3) Other cases determined by the federal entities of the Daikoku Federation. ARTICLE 4 Federal and states referendums shall be scheduled on a day in March, June, September and December of every year. (2) The Federal Election Committee shall determine the propositions to be subjected to federal and states referendums. ARTICLE 5 (1) The Federal Election Committee shall determine the propositions to be subjected to federal and states referendums. (2) The Federal Election Committee may subject two or more questions to federal and states referendums. ARTICLE 6 Modified election ballots shall be used as ballots for federal and states referendums. ARTICLE 7 The conduct of federal and states referendums shall be in accordance to the relevant provisions of the Federal Law 13-2014 - On the Elections in the Daikoku Federation. ARTICLE 8 (1) All federal and states referendums shall be decided through a simple majority vote. (2) The Federal Assembly of the Daikoku Federation shall act in accordance of results of the federal and states referendums. CHAPTER II - INITIATIVES ARTICLE 9 There shall be two kinds of initiatives in the Daikoku Federation: (1) federal initiatives, for initiatives of federal importance, and (2) states initiatives, for initiatives of federal entity importance. ARTICLE 10 (1) All voting Daikoku citizens shall have the right to introduce federal and state initiatives. (2) All voting Daikoku citizens who shall introduce a federal initiative shall submit the following to the Federal Election Committee: (1) Contents of this Constitution and the federal laws that are to be approved, rejected or amended, (2) Proposition, (3) Reasons, and (4) Summary of the federal initiative. (3) All voting Daikoku citizens who shall introduce a states initiative shall submit the following to the Federal Election Committee: (1) Contents of the constitution and the laws of the federal entities of the Daikoku Federation that are to be approved, rejected or amended, unless in the case of a recall vote, (2) Proposition, (3) Reasons, and (4) Summary of the states initiative. (4) In the case of a federal or states initiative regarding the recall of elected officials in the Daikoku Federation, Article 10, Section 2, Clause 1 of this federal law and Article 10, Section 3, Clause 1 of this federal law shall not be required. ARTICLE 11 (1) Federal initiatives shall have the following propositions: (1) Amendments to this Constitution, (2) Amendments to federal laws, (3) Approval or rejection of federal laws, and (4) Recall of deputies to the Federal Assembly of the Daikoku Federation. (2) States initiatives shall have the following propositions, (1) Amendments to constitutions of federal entities of the Daikoku Federation, (2) Amendments to laws of federal entities of the Daikoku Federation, (3) Approval or rejection of laws of federal entities of the Daikoku Federation, (4) Approval or rejection of federal laws on admission and secession of federal entities of the Daikoku Federation, and (5) Recall of elected officials of the federal entities of the Daikoku Federation. ARTICLE 12 The Federal Election Committee shall review the introduced federal or states initiative and release its decision through state media. ARTICLE 13 In the case that a federal or states initiative was approved by the Federal Election Committee, the proponent of the federal or states initiative shall be given one month to collect the following: (1) in the case of federal initiatives, the proponent must collect the signatures of 20% of the voting population of each of the constituencies of the Daikoku Federation, (2) in the case of states initiatives, the proponent must collect the signatures of 20% of the voting population of the constituency or sub-constituency concerned. ARTICLE 14 Once the required number of signatures for the federal or states initiatives is reached, the Federal Election Committee shall certify and review the signatures collected. ARTICLE 15 (1) If the Federal Election Committee certifies the validity of the collected signatures, a federal or states referendum shall be scheduled in accordance to Article 4 of this federal law. (2) If the subject of an approved federal or states initiative is the recall vote of an elected official in the Daikoku Federation, a recall vote is to be scheduled within 14 days. (3) In the case of an introduction of federal initiative on the recall vote against a deputy of the Federal Assembly of the Daikoku Federation, there shall be no recall vote within 14 days before the general election of the Federal Assembly of the Daikoku Federation. ARTICLE 16 The conduct of federal and states initiatives shall be in accordance to the relevant provisions of the Federal Law 13-2014 - On the Elections in the Daikoku Federation. CHAPTER III - RECALL VOTE ARTICLE 17 Any voting Daikoku citizen may introduce a recall vote of elected officials in the Daikoku Federation through the introduction of a federal or states referendum. ARTICLE 18 Any voting Daikoku citizens who shall introduce a recall vote of elected officials in the Daikoku Federation shall follow the provisions on introducing initiatives in the Daikoku Federation as stated in Articles 10 to 14 of this federal law. ARTICLE 19 In the case that a recall vote is approved in accordance to Article 15 of this federal law, the Federal Election Committee shall schedule the recall vote 14 days after the approval of the federal or states initiative. ARTICLE 20 (1) In the case that the voting Daikoku citizens vote for the recall of an elected official in the Daikoku Federation, a special election to fill the vacancy shall be scheduled 14 days after the recall vote. (2) There shall be no special elections to fill the vacancy of recalled deputies of the Federal Assembly of the Daikoku Federation within 14 days before general elections. (3) The scheduling of recall votes and special elections to fill vacancies made by recall votes shall be subject to the laws of the federal entities of the Daikoku Federation. CHAPTER III - CLOSING PROVISIONS ARTICLE 21 This federal law shall be applied in the referendum "On the Status of the Daikoku Federation" on June 30, 2013 and on all succeeding referendums, and on all initiatives to be introduced starting from the day this federal law enters into effect unless repealed by the introduction of a new federal law on the matter of referendums and initiatives. ARTICLE 22 Any amendments to this federal law shall be applied on the nearest referendum or initiative to the day of the approval of the amendments to this federal law. Approved by the Presidency of the Daikoku Federation on May 26, 2014 Signed into law by Decree 28-2014 of the Presidency of the Daikoku Federation on May 26, 2014
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ON THE ELECTIONS IN THE DAIKOKU FEDERATION CHAPTER I - THE RIGHTS OF THE VOTING DAIKOKU CITIZEN
ARTICLE 1 All Daikoku citizens who meet the requirements of Article 107, Section 1 of the Constitution of the Daikoku Federation (2014) have the right to vote. ARTICLE 2 No person shall (1) vote or attempt to vote knowing that he does not have the right to vote, (2) influence another person to vote or attempt to vote knowing that he does not have the right to vote, or (3) cast his vote through a proxy, unless authorized by this federal law. ARTICLE 3 Voting Daikoku citizens have the right to have their names included in the list of voters of their respective constituency and to vote at that constituency. ARTICLE 4 All voting Daikoku citizens shall have one ballot only and no one shall request for a second ballot if the voting Daikoku citizen had already voted. ARTICLE 5 A voting Daikoku citizen shall only have one constituency and one sub-constituency if living in an autonomous state. CHAPTER II - FEDERAL ELECTION COMMITTEE ARTICLE 6 The Presidency of the Daikoku Federation shall administer all elections in the Daikoku Federation as the Federal Election Committee. ARTICLE 7 The Acting Co-President of the Daikoku Federation and the Acting Presidency of the Daikoku Federation shall also exercise the powers of the Federal Election Committee if the case arises. ARTICLE 8 The Federal Election Committee shall have the following powers: (1) exercise general direction and supervision over the conduct of elections, (2) decide on all electoral contests and all questions related to elections, (3) investigate all electoral violations and prosecute all electoral violators in coordination with the Federal Court of the Daikoku Federation, (4) enforce this federal law and other federal laws or constituent laws related to elections, (5) decide on the recognition of political parties, (6) maintain an election registry, and (7) decide on the regulation of constituencies and sub-constituencies. ARTICLE 9 In the case that the conduct of elections is interrupted or suspended or that orderly conduct of elections is impossible, the Federal Election Committee may decide to postpone the election to a date 14 days after the original day of the election or after the restoration of order, to extend voting hours or to declare a failure of elections and schedule new elections 14 days after the day of the election. ARTICLE 10 The Federal Election Committee shall disseminate relevant information on elections through state media. ARTICLE 11 The Federal Election Committee shall conduct researches on the improvement of the electoral system in the Daikoku Federation. ARTICLE 12 In the case that a member of the Federal Election Committee is a candidate for an election, the Federal Election Committee shall authorize a person to replace the member of the Federal Election Committee concerned. CHAPTER III - ELECTION REGISTRY ARTICLE 13 The Federal Election Committee shall maintain an election registry for the purpose of keeping relevant information on election. ARTICLE 14 The election registry shall contain the following: (1) list of voting Daikoku citizens, (2) list of recognized political parties in the Daikoku Federation, (3) list of constituencies and sub-constituencies, (4) list of all candidates in elections in the Daikoku Federation and (5) all election results since the general elections held in the People's State of San Andreas on June 10, 2012. ARTICLE 15 The list of voting Daikoku citizens shall include the following: (1) name of voting Daikoku citizen, (2) date of birth of voting Daikoku citizen, (3) gender of voting Daikoku citizen, (4) residence of voting Daikoku citizen, (5) constituency, and sub-constituency if applicable, of the voting Daikoku citizen, and (6) special notes on the voting Daikoku citizen in relation to election. ARTICLE 16 The list of recognized political parties in the Daikoku Federation shall include the following: (1) the name of the political party, (2) name of members of the political party, (3) date of establishment of the political party, (4) date of recognition of the political party, (5) political ideology and platform for governance, (6) affiliated alliance or coalition of the political party, and (7) symbols of the political party. ARTICLE 17 The list of constituencies and sub-constituencies shall include the following: (1) the name of the constituencies and sub-constituencies, (2) the territory of the constituencies and sub-constituencies, and (3) the list of voting Daikoku citizens in the constituencies and sub-constituencies. ARTICLE 18 The list of all candidates in elections in the Daikoku Federation shall include the following: (1) the name of the candidate, (2) the day of birth of the candidate, (3) the gender of the candidate, (4) the residence of the candidate, (5) the constituency, and sub-constituency if applicable, of the candidate, and (6) the political affiliation of the candidate. ARTICLE 19 The contents of all election results in the Daikoku Federation is left at the discretion of the Federal Election Committee. ARTICLE 20 The election registry shall be updated on the following days: (1) for the list of voting Daikoku citizens: fourteen, seven and one day/s before the day of election, (2) for the list of recognized political parties: fourteen and seven days before the day of elections, (3) for the list of constituencies and sub-constituencies: fourteen days before the regular election of the Federal Assembly of the Daikoku Federation, (4) for the list of candidates in elections in the Daikoku Federation: seven and one day/s before the day of election, and (5) for the election results: seven days after the day of election. ARTICLE 21 No person shall: (1) knowingly give false information, or (2) knowingly use information in the election registry except in cases approved by the Federal Election Committee. CHAPTER IV - SCHEDULE OF ELECTIONS ARTICLE 22 The elective offices in the Daikoku Federation are: (1) the Federal Assembly of the Daikoku Federation, and (2) other elective offices instituted by the federal entities of the Daikoku Federation. ARTICLE 23 (1) (Repealed by Federal Law 16-2014) (2) In the case that there is a vacancy in the Federal Assembly of the Daikoku Federation, the Federal Election Committee shall schedule special elections 14 days after the vacancy. of the general election of the Federal Assembly of the Daikoku Federation. (Amended by Federal Law 16-2014) (3) In the case that there is a dissolution of the Federal Assembly of the Daikoku Federation, the Federal Election Committee shall schedule early elections 14 days after the dissolution. (Amended by Federal Law 16-2014) ARTICLE 24 All elections to the elective offices instituted by the federal entities of the Daikoku Federation are scheduled by the respective federal entities of the Daikoku Federation. ARTICLE 25 The Federal Election Committee shall announce the schedule of elections through state media. CHAPTER V - CANDIDATES ARTICLE 26 All Daikoku citizens who meet the requirements of Article 107, Section 2 of the Constitution of the Daikoku Federation (2014) have the right to become a candidate in elections. ARTICLE 27 All Daikoku citizens who wishes to become a candidate in elections shall make a request to the Federal Election Committee. ARTICLE 28 Nomination period shall last from 14 days before the day of election until 8 days before the day of election at 12:00. ARTICLE 29 The Federal Election Committee shall release a list of accepted candidates 8 days before the day of election at 17:00. ARTICLE 30 Political parties can only nominate a number of candidates based on the number of seats needed to be elected in an election. ARTICLE 31 (1) A candidate may withdraw his candidacy until the day before the day of election. (2) Any votes cast for a candidate that had withdrawn from the election shall be invalid. ARTICLE 32 If a candidate dies or withdraws after the nomination period, the political party or an authorized representative shall nominate a replacement candidate. ARTICLE 33 Any candidate shall have the right of leave from his work during the election period. ARTICLE 34 No one may prevent a candidate from campaigning, unless if the campaigning of the candidate is disrupting public order and safety. ARTICLE 35 No person shall request for candidacy knowing that he is not eligible to be a candidate. ARTICLE 36 No candidate shall publish false information in order to influence the voting Daikoku citizens. ARTICLE 37 No person shall publish a false statement of the withdrawal of a candidate. ARTICLE 38 It is the obligation of a candidate to remain in communication with the Federal Election Committee and to provide accurate and factual information on any questions raised by the Federal Election Committee. ARTICLE 39 No candidate shall accept any gifts or other advantage that may influence his performance if elected during the election period unless if the gift is given by a relative or as an expression of courtesy or protocol. CHAPTER VI - PREPARATIONS FOR THE ELECTION ARTICLE 40 The Federal Election Committee shall authorize and provide a ballot box to be used for elections. ARTICLE 41 The Federal Election Committee shall prepare, authorize, print and provide official ballots to be used for elections. ARTICLE 42 (1) The official ballot shall be a strip of paper marked with a proof of authorization with a serial number placed on the back. (2) The official ballot shall contain the names of candidates arranged alphabetically and grouped according to their political affiliation. ARTICLE 43 Ballot boxes, official ballots, envelopes and writing materials are the property of the Federal Government of the Daikoku Federation. ARTICLE 44 The Federal Election Committee shall also prepare a statement showing the number of ballots printed and their serial numbers, necessary writing materials, a list of voting Daikoku citizens and a copy of instructions for elections. ARTICLE 45 (1) There shall only be one voting area for all constituencies, and sub-constituencies if applicable, of the Daikoku Federation. (2) The Federal Election Committee shall announce through state media the location of the voting area. ARTICLE 46 The Federal Election Committee shall allow mobile voting areas for voting Daikoku citizens who cannot go vote in the designated voting area. ARTICLE 47 No voting Daikoku citizen shall: (1) forge a ballot, (2) print an official ballot or anything that looks like an official ballot without authorization, or (3) produce any election material that can be used to alter the election results. CHAPTER VII - ELECTION ARTICLE 48 A voting Daikoku citizen may vote: (1) in person at the voting area on the day of the election, (2) in person or through electronic means on the period provided for early voting, or (3) by means of special ballot. ARTICLE 49 The voting hours on the day of election are from 08:00 to 17:00, which shall be divided into sessions in order for the voting Daikoku citizens to attend to their necessary business or transactions. ARTICLE 50 The persons who may be present at the voting area are: (1) the Federal Election Committee, (2) the candidates, and (3) the voting Daikoku citizen, who may be accompanied by authorized persons to help him vote if the need arises, only for the period necessary to vote. ARTICLE 51 The opening of the voting area shall not be delayed for the purpose of preparation of election materials or of the voting area. ARTICLE 52 The Federal Election Committee shall make sure that every voting Daikoku citizen shall be admitted inside the voting area. ARTICLE 53 The Federal Election Committee shall attend to one voting Daikoku citizen at a time. ARTICLE 54 Each voting Daikoku citizen shall declare his name and constituency to the Federal Election Committee upon his arrival at the voting area. ARTICLE 55 Once the voting Daikoku citizen's identity has been confirmed, the Federal Election Committee shall cross off his name from the list of voting Daikoku citizens and the voting Daikoku citizen shall be allowed to vote. ARTICLE 56 No person shall act as a proxy for another voting Daikoku citizen. ARTICLE 57 Every voting Daikoku citizen allowed to vote by the Federal Election Committee at the voting area shall be given the official ballot. ARTICLE 58 The Federal Election Committee shall explain to the voting Daikoku citizen the voting process. ARTICLE 59 The voting Daikoku citizen, after receiving the official ballot, shall: (1) proceed to an area designated by the Federal Election Committee to cast his vote, (2) mark the ballot with an X in the box opposite the name of the candidate or the name of the political party, as specified by the voting instructions in a given election, (3) fold the official ballot, and (4) return the official ballot to the Federal Election Committee. ARTICLE 60 The Federal Election Committee shall inspect the returned official ballot for verification and shall drop it inside the ballot box. ARTICLE 61 In the case of spoiled ballot, the voting Daikoku citizen shall return the spoiled ballot to the Federal Election Committee and shall be given a new ballot. ARTICLE 62 Every voting Daikoku citizen shall vote without delay and shall exit the voting area once he is done voting. ARTICLE 63 The Federal Election Committee may assist a voting Daikoku citizen in voting. ARTICLE 64 An accompany of a voting Daikoku citizen may assist him in voting but cannot assist other voting Daikoku citizens in voting. ARTICLE 65 No person shall disclose the candidate the voting Daikoku citizen voted. ARTICLE 66 There shall be no campaigning within the vicinity of the voting area. ARTICLE 67 No person shall: (1) apply for a ballot not using the person's name, (2) use a forged ballot, (3) knowing that he is without authority of this federal law, provide a ballot to any person, or (4) knowing that he is without authority of this federal law, possess a ballot. ARTICLE 68 No person shall: (1) alter, deface or destroy an official ballot, (2) place in the ballot box anything that is not the official ballot, (3) take the ballot outside the voting area, or (4) destroy the ballot box. ARTICLE 69 An advance voting may be conducted within the period from the third day before the day of election until the day before the day of election. ARTICLE 70 Chapter VII, Articles 48 to 68 of this federal law shall apply in advance voting. ARTICLE 71 Special voting using electronic means can be conducted by the Federal Election Committee. ARTICLE 72 Other voting means can be arranged by the Federal Election Committee based on the current situation in a specific area which shall be in compliance with this federal law. ARTICLE 73 No person shall fail to vote on elections, unless in cases approved by the Federal Election Committee. ARTICLE 74 The Federal Election Committee shall be assigned with the counting of election results in a transparent and public manner. ARTICLE 75 (1) The counting of election results shall be conducted within the day of the election, with the election result being published by the Federal Election Committee in state media the same day. (2) The Federal Election Committee shall count the election results of votes cast on advance voting days within the last day of advance voting. ARTICLE 76 Election results published by the Federal Election Committee shall also include voter turnout, notes on voting and other relevant information. ARTICLE 77 (1) In the case of a first-past-the-post election, the winner shall be determined through a simple majority. (2) In the case of the election to the Federal Assembly of the Daikoku Federation, the D'Hondt method shall be used to determine elected deputies. (3) In the case of the election to the Federal Assembly of the Daikoku Federation where there is only one party list, the party list shall be elected through a simple majority. (4) In the case of ties, the winner shall be determined through a coin toss. ARTICLE 78 In the case that an elected official does not take office on the 7th day after the election, the position shall be declared vacant and new elections shall be scheduled unless if the reason of the failure to take office is beyond control. ARTICLE 79 The Federal Election Committee may recount election results. ARTICLE 80 All election advertising must be authorized by the candidate or political party and by the Federal Election Committee. ARTICLE 81 No person shall prohibit anyone from displaying election advertising unless due to reasonable restrictions. ARTICLE 82 There shall be no election advertising on the day of election. ARTICLE 83 No person shall prevent the transmission of election advertising unless authorized by the candidate, the political party or the Federal Election Committee. ARTICLE 84 (1) Election surveys are allowed to be conducted before the day of the election. (2) Election surveys shall be verified by the Federal Election Committee before being published. (3) Election surveys can only be published during the campaigning period. ARTICLE 85 No person shall transmit the election results or the purported election results before the closing of voting. ARTICLE 86 There shall be no foreign influence on the transmission of election advertising. ARTICLE 87 The Federal Election Committee shall make sure that all of the candidates and political parties shall have equal access to transmission of election advertising. CHAPTER VIII - OTHER ELECTION PROVISIONS ARTICLE 88 Elections may be contested in the cases of reported irregularities during the conduct of elections. ARTICLE 89 (1) Constituencies in the Daikoku Federation shall be established based on the constituent states of the Daikoku Federation. (2) Sub-constituencies in the Daikoku Federation shall be established based on the autonomous states of the Daikoku Federation. (3) (Repealed by Federal Law 16-2014) (4) The following are the constituencies of the Daikoku Federation: (1) Urbonia, consisting of the Democratic People's Republic of Urbonia with two seats in the Federal Assembly of the Daikoku Federation, and (Amended by Federal Law 16-2014) (2) Treisia, consisting of the Kingdom of Treisia with four seats in the Federal Assembly of the Daikoku Federation. (Amended by Federal Law 16-2014) (5) The following are the sub-constituencies of the Daikoku Federation: (1) Kitakyo, consisting of the federal city of Kitakyo, (2) Misaka, consisting of the Margraviate of Misaka, and (3) Seidaikei, consisting of the federal city of Seidaikei. CHAPTER IX - CLOSING PROVISIONS ARTICLE 90 This federal law shall be applied in the election of the Third Federal Assembly of the Daikoku Federation on June 30, 2014 and all succeeding elections unless repealed by the introduction of a new federal law on the matter of election. ARTICLE 91 Any amendments to this federal law shall be applied on the nearest election to the day of the approval of the amendments to this federal law. Approved by the Presidency of the Daikoku Federation on May 6, 2014 Signed into law by Decree 28-2014 of the Presidency of the Daikoku Federation on May 6, 2014 Amended by Federal Law 16-2014 on June 3, 2014 |