====================================================================== CFJ 1071 "Rule 1558 prevents a Player who is the Speaker from nominating in an Election for the Office of Speaker-Elect." Relevant Rules: 1558, 1647 ====================================================================== Judge: General Chaos Judgement: TRUE Eligible: Andre, Calabresi, Chuck, Crito, elJefe, General Chaos, Kolja A., Michael, Murphy, Oerjan, Swann Ineligible: Vlad (declined) Caller: Steve Barred: Morendil On request: Vanyel On hold: Harlequin, Vir ====================================================================== History: Called by Steve, 13 Nov 1997 12:20:21 +1100 Dice rolls: ChrisM, Vir, Morendil, Vlad Assigned to Vlad, 13 Nov 1997 08:40:51 +0000 Vlad declines, 13 Nov 1997 12:37:11 -0600 Dice rolls: ChrisM, Gen. Chaos Reassigned to General Chaos, 14 Nov 1997 19:19:12 +0000 Judged TRUE, 17 Nov 1997 23:00:57 -0500 Injunction announced, as of this message ====================================================================== Injunction: The Rulekeepor is hereby enjoined to annotate Rule 1558 with the Statement of this CFJ and the list of Relevant Rules as noted in the CFJ. ====================================================================== Caller's Arguments: I'll take the unusual step of presenting arguments for both sides. I'm not really advocating any particular Judgement. I just think the matter should be resolved one way or the other. I'll leave it to the Judge to decide which e prefers. Perhaps the Judge will find some new argument which I haven't thought of to resolve the matter. R1647 states: The Speaker can never hold the Office of Speaker-Elect, even temporarily. while R1558 states: No Player may be Nominated who would not be permitted to hold the Office which the Election is seeking to fill. On the side of a Judgement of TRUE, we have the observation that if a Player who is the Speaker were still to be Speaker when e was Elected Speaker-Elected, e would not be permitted to hold the Office, even temporarily. This seems to show that the Speaker cannot nominate for Speaker-Elect. On the other hand, however, how can we be sure that the Player who is Speaker would still be Speaker when the Election for the Office of Speaker-Elect concluded? If the Player had somehow ceased to be Speaker, nothing would prevent em from holding the Office of Speaker-Elect, were e to win the Election. And it is not difficult to imagine ways in which the a Player who is the Speaker might cease to be Speaker in time take up the Office of Speaker-Elect. Here are three: 1. By proposal. From the call for Nominations to the announcement of the results, an Election in which there are multiple Candidates takes at least two weeks to complete. In that time, a high-Powered Rule might be be adopted removing the Player from the position of Speaker. 2. By giving up the Speakership voluntarily. Although R681 prevents a Speaker who gives up the Speakership voluntarily from nominating emself for the Office of Speaker-Elect, the Rule does not say that the Speaker may not already be nominated at the time e gives up the Speakership. 3. By going On Hold. Eir doing so would constitute the Crime of Speaker Inactivity (see R1375), with the quite heavy penalties entailed by this, but that would not make em ineligible to hold the Office of Speaker-Elect. Whether the Judge finds these latter considerations persuasive will largely depend on how e chooses to construct the phrase 'would not be permitted to hold the Office'. If e chooses to read it 'would *certainly* not be permitted to hold the Office', then I think a Judgement of FALSE is indicated, since I think I've shown above that we cannot be certain that a Player who is the Speaker would not be permitted to hold the Office of Speaker-Elect were e Elected to that Office. On the other hand, if e chooses to read it as 'would not be permitted to hold the Office, other things being equal' then a Judgement of TRUE is indicated, since all of the possibilites I've raised fall into the category of other things not being equal. ====================================================================== Reasons and Arguments of Judge: This case presents the question of whether the sitting Speaker may be Nominated in an Election for the Office of Speaker-Elect, on the basis of Rules 1558 and 1647. Petitioner presents arguments both for and against holding such a Nomination as legal. This Court find that Rule 1558 is ambiguous on the question, but categorically bars such Nominations on the grounds that failing to categorically bar them would potentially require future knowledge in order to distinguish legal Nominations. This Court finds that the pertinent sentence of Rule 1558, "No Player may be Nominated who would not be permitted to hold the Office which the Election is seeking to fill," is insufficiently specified. There appear to be two plausible constructions of this sentence. It could mean "No Player may be Nominated who would not be permitted to hold the Office ... _if Elected_." It could also mean "No Player may be Nominated who would not be permitted to hold the Office ... _at the moment of the attempted Nomination_." The first construction seems slightly slightly favorable to the second, but not compellingly so. A consideration of both is therefore in order. The first construction would permit the Speaker to Nominate for Speaker-Elect, as long as the Speaker ensures that e is not Speaker by the time the Election ends. Petitioner mentions several possible ways in which this might happen, but neglects to mention the case of the Speaker being Tainted. If the Speaker is Tainted, then, should e be Elected, e would immediately cease to be Speaker (and then immediately become Speaker again). It becomes an argument of infinitesimal moments as to whether the Speaker would be forced to be Speaker-Elect simultaneously in this case, an argument this Court will not pursue at this time. In any case, the first construction would allow the Speaker to Nominate for Speaker-Elect in some situations, and would therefore mandate a ruling of FALSE. However, this Court elects to repudiate this construction, because it would, in many cases, make the legality of a Speaker's Nomination contigent on future events. Petitioner suggests that the Speaker could be made eligible by being removed by Proposal, by surrendering the Speakership, or by going On Hold. To have the desired effect, one of these events would necessarily have to occur after the Nomination, but before the end of the Election. Most imporatantly, if none of these were to occur before the end of the Election, the Speaker would be ineligible to become Speaker-Elect. Thus, the legality of the Nomination, and thus of the Nominee's candidacy, would be contingent on the necessary event occuring. It is this Court's opinion that basing the legality of an action on future events is neither consistent with commonsense nor in keeping with the best interest of the Game, and so this construction should be disallowed if an alternative exists. The second construction, fortunately, is void of this need for precognition. The legality of a Nomination, under this construction, can be determined at the moment it is made. In this Court's opinion, this advantage is more than sufficient to outweigh the Court's admittedly minor concerns about the obviousness of this construction. Since this Court's preferred construction of Rule 1558 acts to categorically bar any Nomination by the Speaker in any Election for the Officer of Speaker-Elect, the question presented is categorically true. Therefore: Judgement of TRUE is entered. The Injunction requested is GRANTED, and the Rulekeepor is hereby enjoined to annotate Rule 1558 with the Statement of this CFJ and the list of Relevant Rules as noted in the CFJ. ======================================================================