Federal Assembly Vacancy Act, 1760

Federal Assembly Vacancy Act, 1760

14th Cortes Federales
Long title	An Act to provide for the filling of vacancies in the Federal Assembly; and for connected purposes.
Introduced by	Emmanuel Philibert Seydlitz (FHP, Isles of Caputia)
Extent	Entire Federation of Nouvelle Alexandrie
Dates
Royal Assent	24.II.1762 AN
Commencement	24.II.1762 AN
Other legislation
Amendments	None
Related legislation	Proclamation of Punta Santiago Cortes Federales Act, 1694

The Federal Assembly Vacancy Act, 1760 is a law of Nouvelle Alexandrie, passed by the 14th Cortes Federales on an opposition bill introduced by Emmanuel Philibert Seydlitz, the Federal Humanist Party (FHP) Deputy for the Isles of Caputia, and given Royal Assent on 24.II.1762 AN. It requires special elections to fill vacancies arising in the Federal Assembly at least one year before the next regular election and provides caretaker representation until replacement Deputies take office. It also authorizes temporary appointments and an emergency quorum if a disaster or emergency caused vacancies in more than half of the seats in the Assembly.

First filed around the middle of 1759 AN, the measure did not advance before the end of the 13th Cortes Federales. Seydlitz sought renewed consideration during the opening confidence debate of the 14th Cortes Federales, when President-elect Marcos Ferreira Gonçalves offered early consideration and assistance with the text. He reintroduced it in 1760 AN as bill number 07, the first opposition bill of the new Cortes, following the FHP's departure from government.

Background

Vacancies in the Federal Assembly are governed by Article 14 of the Cortes Federales Act, 1694. Under that provision, the Speaker, or a duly delegated subordinate, must ensure that the party which originally won a vacant seat names a replacement. Seydlitz's Act introduces special elections and temporary representation, with additional arrangements for an emergency affecting much of the Assembly. In advocating the measure, he drew attention to the need for a procedure to follow if a disaster struck the Assembly.

Deputies are elected by regional proportional representation, using open lists and the Sainte-Laguë method to allocate seats. Article 39 of the Proclamation of Punta Santiago establishes regional representation in the Assembly and leaves electoral procedures to legislation. The Regions retain responsibility for administering registration, polling, counting, and returns, a division of powers affirmed by the High Court of Justice in Citizens' Electoral Alliance v. Federal Elections Commission.

Key provisions

Special elections

Article 4 requires the Federal Elections Commission to hold a special election when a seat becomes vacant at least one year before the next regular election. The Assembly certifies the vacancy and calls for an election by resolution; during a recess or adjournment, an official communication from the Speaker serves the same purpose. The Commission sets polling between 45 and 90 days after the resolution or communication. If a general election falls within that period, the two polls are held on the same day. The successful candidate serves the remainder of the term.

The Commission distributes copies of the resolution through the provincial, city, or municipal officials concerned. Those officials post notices in at least three conspicuous places in each affected election precinct and at each polling place, public market, and government building in the locality.

Caretaker representation

Under Article 5, the Assembly, by resolution, or the Speaker, by written order, designates a caretaker Deputy to provide temporary representation for the Region to which the vacant seat was allocated, receive correspondence, and attend to constituents' needs until the replacement Deputy takes the oath of office.

Emergency appointments

Article 6 applies where an emergency or disaster causes vacancies in more than half of the seats in the Assembly. In those circumstances, the Governor, Mayor, or other executive authority having jurisdiction over the territory represented by a vacant seat appoints a temporary replacement. Appointees must meet the qualifications of a Deputy and serve until the vacancy is filled by election. Pending the appointments and elections, a majority of the living members of the Assembly who have been duly chosen and sworn constitutes a quorum.

Commencement and application

Articles 7 and 8 apply the measure throughout the Federation and bring it into force on Royal Assent. Publication in the Federal Gazette is required within seven days of assent. A severability clause preserves the remaining provisions if part of the Act is held invalid.

Legislative history

Original filing in 1759

Seydlitz filed the Federal Assembly Vacancy Bill, 1759 around the middle of 1759 AN, in the closing year of the 13th Cortes Federales, hoping that the incumbent government would take up the measure. Premier José Manuel Montero's administration was occupied with the Recession of 1757, economic recovery, and other crises. As Deputies left to campaign for the general election, the government gave priority to bills it expected to pass quickly and present as achievements in a difficult election campaign. The vacancy bill did not advance before the Cortes ended.

Reintroduction in 1760

The 14th Cortes Federales opened on 12.I.1760 AN. During its opening confidence debate, Seydlitz asked the incoming government to prioritize his filed measure, arguing that the Assembly needed arrangements for continuing its work after a disaster. His intervention followed Gonçalves's announcement of the government's first four bills: the General Appropriations and Taxation Act, 1760, the National Housing Reform and Expansion Act, 1760, the Cost of Living Relief Act, 1760, and the Clean Government and Elections Act, 1760.

Gonçalves agreed that the question deserved attention before an emergency arose. He offered early consideration alongside the announced program and said that, if the Assembly granted the government its confidence, he would ask the nominated Secretary of Justice to work with Seydlitz on the text and arrange for it to come before Deputies promptly. He identified the authority to appoint temporary replacements, the duration of their appointments, and the return to elected representation as questions to settle. The four government bills remained the administration's first priorities, but he welcomed cooperation across the chamber on Seydlitz's proposal.

The Gonçalves government took office on 15.I.1760 AN, with Montero becoming Leader of the Opposition. Seydlitz reintroduced his measure as bill number 07, following the opening confidence motion, the government's first four bills, and the Convention on Civil Aviation Accession Act, 1760. It was the first opposition bill introduced in the 14th Cortes. Gonçalves's undertaking concerned consideration and further work on the text; it did not constitute government sponsorship or agreement on the bill's provisions.

Passage in 1762

Seydlitz moved the bill at second reading in XIV.1761 AN. The Federal Assembly carried it on the final division of 12.II.1762 AN by 446 votes to 325, with 30 abstentions; the Chamber of Peers concurred on 21.II.1762 AN by 72 to 36, with 10 abstentions; and King Sinchi Roca II granted Royal Assent on 24.II.1762 AN, on which day the Act came into force. It was the only opposition bill introduced in the 14th Cortes Federales, and it became law.

Legislative history

Stage	Date	Chamber	Action	Votes (Y-N-A)	Details
1	Mid-1759 AN	Federal Assembly	Original filing	-	Filed by Emmanuel Philibert Seydlitz during the 13th Cortes Federales as the Federal Assembly Vacancy Bill, 1759
2	I.1760 AN	Federal Assembly	Raised during the opening confidence debate	-	Seydlitz requested priority for the measure; Gonçalves offered early consideration and work on the text, conditional on securing the Assembly's confidence
3	1760 AN	Federal Assembly	Reintroduction	-	Numbered 07; the first opposition bill introduced in the 14th Cortes Federales, sponsored by Seydlitz
4	XIV.1761 AN	Federal Assembly	Second reading debate opened	-	Moved by Seydlitz
5	12.II.1762 AN	Federal Assembly	Final division	446-325-30	Passed; sent to the Chamber of Peers
6	21.II.1762 AN	Chamber of Peers	Concurrence	72-36-10	Concurred without amendment
7	24.II.1762 AN	-	Royal Assent	-	Signed into law by King Sinchi Roca II

Bill as submitted to the Hopper of the Federal Assembly, 1760 AN

Federal Assembly Vacancy Act, 1760

THE READING OF
A
BILL
TO
provide for the filling of vacancies in the Federal Assembly; among other purposes.

Federal Assembly Vacancy Act, 1760

Presented by Deputy Emmanuel Philibert Seydlitz (Federal Humanist Party, Isles of Caputia)
Introduced in the 14th Cortes Federales, 1760 AN. Bill FA-1760-07.

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present session assembled, and by the authority of the same, as follows:

PART I
GENERAL PROVISIONS

Article 1: Citation.

1. This Act may be cited as the "Federal Assembly Vacancy Act, 1760".

Article 2: Definitions.

1. In this Act:
   1. "Assembly" means the Federal Assembly of Nouvelle Alexandrie;
   2. "Commission" means the Federal Elections Commission;
   3. "Speaker" means the Speaker of the Federal Assembly.

Article 3: Purpose.

1. The purpose of this Act is to provide for the filling of vacancies in the Assembly through special elections, for caretaker representation while seats remain vacant, and for temporary appointments and the conduct of Assembly business following an emergency or disaster.

PART II
VACANCIES AND TEMPORARY REPRESENTATION

Article 4: Special elections.

1. Where a vacancy arises in the Assembly at least one (1) year before the next regular election, the Commission shall hold a special election to fill the vacancy upon receiving a resolution of the Assembly certifying the existence of the vacancy and calling for a special election.
2. If the Assembly is in recess or otherwise adjourned, an official communication from the Speaker concerning the existence of the vacancy and calling for a special election shall be sufficient for the purposes of subsection (1).
3. The Commission shall fix the date of the special election, which shall be not earlier than forty-five (45) days and not later than ninety (90) days after the date of the resolution or communication under subsection (1) or (2). The Commission shall specify the seat or seats to be filled.
4. If a general election is scheduled within the period specified in subsection (3), the special election shall be held simultaneously with that general election.
5. A Deputy elected at a special election shall serve only for the unexpired term.
6. The Commission shall send sufficient copies of the resolution for distribution and publication to the provincial, city, or municipal official of each province, city, or municipality concerned. Each official shall publish the resolution in the locality concerned by posting at least three copies in separate conspicuous places in each election precinct, and a copy in each polling place, public market, and government building.

Article 5: Caretaker representation.

1. The Assembly, by resolution, or the Speaker, by written order, shall designate a caretaker Deputy to provide temporary representation for the Region to which the vacant seat is allocated, receive correspondence from constituents in that Region, and attend to their needs.
2. The designation shall continue until the vacant seat is filled by a new Deputy who has taken the oath of office.

Article 6: Emergency vacancies and temporary appointments.

1. Where an emergency or disaster causes vacancies in more than half of the seats in the Assembly, the Governor, Mayor, or other executive authority having jurisdiction over the territory represented by a vacant seat shall appoint a temporary replacement to that seat.
2. A person appointed under subsection (1) shall satisfy the qualifications required of a Deputy and shall serve until the vacancy is filled by election.
3. Pending those appointments and elections, a majority of the living members of the Assembly who have been duly chosen and sworn shall constitute a quorum for the conduct of business.

PART III
CLOSING PROVISIONS

Article 7: Extent and application.

1. This Act extends to the whole of the Federation of Nouvelle Alexandrie and applies in every Region on the same basis.

Article 8: Commencement, publication, and severability.

1. This Act shall come into force on Royal Assent.
2. This Act shall have no effect unless it receives the Royal Assent of H.M. King Sinchi Roca II.
3. This Act shall be published in the Federal Gazette within seven (7) days of Royal Assent.
4. If any provision of this Act is held invalid, that provision alone, and not the whole Act, shall be inoperative.

Amendments

None.

Voting record

The bill was an opposition measure, not a Government bill, and the parties of the Federal Accord did not vote together on it: the Democratic Socialist Party and the Wakara People's Party, together the Alliance for a Just Nouvelle Alexandrie, opposed it, the Federal Consensus Party supported it, and the Civic Governance Alliance divided. On the final division of 12.II.1762 AN the Federal Assembly carried the bill by 446 votes to 325, with 30 abstentions.

Federal Assembly final reading (12.II.1762 AN)

Notable votes on the Federal Assembly Vacancy Act, 1760 AN

Deputy	Region	Party	Vote	Role/Notes
Emmanuel Philibert Seydlitz	Isles of Caputia	FHP		Sponsor of the bill; moved it at second reading
José Manuel Montero	Wechua Nation	FHP		Leader of the Opposition
Fred Strong	North Lyrica	FHP		Former Vice-Premier and Secretary of Defense
Sumaili Humahuaca	Wechua Nation	FHP		Former Secretary of Justice
Francisco Gabaza	Santander	FCP		Leader of the Federal Consensus Party
Cao Qiang	Alduria	FCP		Special Counselor to the Council of State
Marcos Ferreira Gonçalves	Santander	DSP		Premier
Pierre-Antoine Blaise	Valencia	DSP

Vote summary by party

Federal Assembly final reading, 12.II.1762 AN

Political party	Yes	No	Abstain/absent	Total	% Support
Democratic Socialist Party	0	232	0	232	0%
Wakara People's Party	0	28	0	28	0%
Civic Governance Alliance	40	45	10	95	42%
Federal Consensus Party	93	0	0	93	100%
Federal Humanist Party	293	0	0	293	100%
Republican Party of Oportia	0	0	10	10	0%
Independent	20	20	10	50	40%
Total	446	325	30	801	55.7%

Analysis

The whole of the Federal Humanist Party voted for its own Deputy's bill, and the Federal Consensus Party joined it as a bloc. The Democratic Socialists and the Wakara People's Party voted against. The Civic Governance Alliance split, forty of its deputies voting for the bill, forty-five against, and ten abstaining. The Republican Party of Oportia abstained. The fifty independents divided evenly, twenty for and twenty against, with ten abstaining.

Chamber of Peers

The Chamber of Peers, the appointed upper house of mostly crossbench members, concurred on 21.II.1762 AN by 72 votes to 36, with 10 abstentions. As a revising house the Chamber may delay or amend an ordinary bill but cannot block one, and a bill on which it takes no decision within sixty days is deemed passed; it made no amendment.

Royal Assent

King Sinchi Roca II granted Royal Assent on 24.II.1762 AN, and the Act came into force on that day under its Article 8, which requires its publication in the Federal Gazette within seven days.

See also

• Emmanuel Philibert Seydlitz
• Federal Assembly of Nouvelle Alexandrie
• Cortes Federales Act, 1694
• Federal Elections Commission (Nouvelle Alexandrie)
• 14th Cortes Federales