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| 1 | +# Constitution Commentary |
| 2 | + |
| 3 | +This document contains a non-normative, non-binding commentary on the constitution, explaining some subtleties. |
| 4 | + |
| 5 | +## SC Election and Removal procedure |
| 6 | + |
| 7 | +The state machine of the portions of the constitution that govern the composition of the SC (what seats are filled, who is in which seat) is especially complex. |
| 8 | +The following flow chart diagrams this state machine: |
| 9 | + |
| 10 | +```mermaid |
| 11 | +flowchart TD |
| 12 | + Start([Regular SC Governance]) |
| 13 | + End(["Regular SC Governance (with new members)"]) |
| 14 | +
|
| 15 | + %% Note that order effects layout, at least informally. |
| 16 | + %% Current layout chosen in part because graph renders planar (no edges cross). |
| 17 | +
|
| 18 | + %% Regular elections |
| 19 | + RegularElec[Regular Election] |
| 20 | +
|
| 21 | + Start -->|some terms end| HalfVacation[[3-4 seats to be vacated]] --> RegularElec |
| 22 | + RegularElec -->|seats filled for fresh 2-year terms| End |
| 23 | +
|
| 24 | + %% Special Elections |
| 25 | + SpecialElec[Special Election] |
| 26 | +
|
| 27 | + Start -.->|optional, if <7 filled| SpecialElec |
| 28 | + SpecialElec -->|winners serve remainder of terms| End |
| 29 | +
|
| 30 | + %% Single seat vacation |
| 31 | + Removal[Vote for removal for conduct] |
| 32 | + OneMoreVacation[[one additional seat vacated immediately]] |
| 33 | + Required[Vote for Special Election or dissolution] |
| 34 | + AllVacated0[[all seats to be vacated]] |
| 35 | +
|
| 36 | + Start -.->|optional| Removal |
| 37 | + Start -.->|resignation or other loss| OneMoreVacation |
| 38 | + Removal -->|succeeds by supermajority| OneMoreVacation |
| 39 | + OneMoreVacation --> VacancyCheck |
| 40 | + Removal -->|fails| Start |
| 41 | + VacancyCheck{Vacancy count?} |
| 42 | + VacancyCheck -->|≥4 filled| Start |
| 43 | + VacancyCheck -->|<4 filled| Required |
| 44 | + Required -->|all members propose special election| SpecialElec |
| 45 | + Required -->|any member proposes dissolution| AllVacated0 |
| 46 | + AllVacated0 -->|special election wins via vacant seat votes| SpecialElec |
| 47 | +
|
| 48 | + %% Dissolution |
| 49 | + Dissolution["Vote to dissolve the SC<br/>(vacant seats vote yes)"] |
| 50 | + AllVacated1[[all seats to be vacated]] |
| 51 | + ElectionType["Vote between election types<br/>(vacant seats vote special)"] |
| 52 | +
|
| 53 | + Start -.->|optional| Dissolution |
| 54 | + Dissolution -->|succeeds by majority| AllVacated1 |
| 55 | + AllVacated1 --> ElectionType |
| 56 | + Dissolution -->|fails| Start |
| 57 | + ElectionType -->|initial wins| InitialElec |
| 58 | + ElectionType -->|special wins| SpecialElec |
| 59 | +
|
| 60 | + %% Initial Elections |
| 61 | + InitialElec[Initial Election] |
| 62 | +
|
| 63 | + InitialElec -->|Entirely new SC seated</br>top 4: 2yr terms<br/>bottom 3: 1yr terms| End |
| 64 | +``` |
| 65 | + |
| 66 | +### Deferred versus immediate loss of members |
| 67 | + |
| 68 | +A no-confidence vote does not immediately dissolve the SC. |
| 69 | +It just triggers the election (which presumably cannot be cancelled) at which point all current SC members loose their seats (unless reelected). |
| 70 | +By contrast, removal for conduct does immediately remove an SC member. |
| 71 | + |
| 72 | +Voluntary resignations are a grey area. |
| 73 | +In the above diagram they are also diagrammed as immediately taking effect, but arguably they could also be deferred until the election when those seats are replaced. |
| 74 | + |
| 75 | +The important part of this distinction is who is a member voting in subsequent votes. |
| 76 | +Members removed for conduct do not vote choose the election type (in the no-confidence case) or whether to hold a special election (in the seats-vacated case). |
| 77 | +Members not resigning absolutely do vote in both those cases. |
| 78 | +Voluntarily-resigning members are a grey area. |
| 79 | + |
| 80 | +### When the SC drops before 4 members |
| 81 | + |
| 82 | +The most subtle part is what happens when the SC drops below 4 members due to "resignation or other less" or removal for conduct. |
| 83 | + |
| 84 | +The constitution states that when less than half of the seats are filled, a special election must occur. |
| 85 | +But, presumably, a vote of no-confidence, triggering a full reelection can occur at any time. |
| 86 | +Therefore, that can also occur instead at this point, leading indeed to a special election also, but a different sort of special election. |
| 87 | + |
| 88 | +If any SC member proposes a no-confidence vote, the vote will automatically win due to how vacant seats are counted for such votes. |
| 89 | +The vacant seats will also automatically cause special election, rather than initial election, to win the subsequent vote for the type of full reelection. |
| 90 | +However, vacant seats do not trigger votes, they only vote once a sitting member triggers a vote. |
| 91 | +Therefore at this point, no attempt to hold a no confidence vote will end in a special election of just the currently-vacant seats, while any attempt to hold a no-confidence vote will end in a special election for all seats. |
| 92 | + |
| 93 | +Note that both paths above lead to a special election. |
| 94 | +As a corollary, it is only possible to follow no-confidence with an initial election when more than half of the SC seats were full prior to the no-confidence vote. |
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