Category Archives: impeachment

BEER Affair: Removing a Senator-what the Organic Law says

If a Senator resigns
According to the Organic Law (Art. IV, Sect. 10) if a Senator resigns during his term of office, the “executive of the province”. shall appoint a replacement to serve out the rest of term, or until the next provincial election. If the provincial executive does not take action on a vacancy within a fortnight, “the King or his Cunstaval” shall appoint a replacement.
Justice Owen Edwards, leader of of the Progressive Party and thus a member of the coalition, was elected Seneschal of the province in July, and Sir Cresti Siervicül is Cunstaval of the province.

Removing a Senator from office
According to Art. IV, sect. 11, el Cort Inalt may remove a Senator from office for “criminal activity or for mis-, mal-, or non-feasance.” Malfeasance is generally defined as “commission of an illegal act”, misfeasance as “the inadequate ir improper performance of a legal act”, and nonfeasance as “neglect of a duty or nonperformance of a required act”.
It is not specified, but presumably the provisions of section 10 above would then apply. The law is also silent on how the Cort might become involved-would the removal be as a consequence of a criminal prosecution, or could a citizen seek a court order?

Impeaching a Senator
The Senäts may impeach one of its own members by a two-thirds majority vote. The law does not specify that the Senäts needs specific cause to so.
If the motion is passed the voters of the province represented by the impeached Senator must vote on whether to accept the impeachment. If a simple majority vote to impeach, then the Senator is removed from office and is replaced under the provisions of section 10 mentioned above. However, if the province’s voters reject the impeachment, the charges are dropped and the Senator remains in office, and cannot be charged again with the same offences.
An impeached Senator may still run for the office in subsequent elections.