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Motion #D05
An amendment designed to remove constitutional ambiguity regarding leadership terms.
This year’s resignations of both the Party’s Co-Leaders exposed faults in the current wording of our Constitution in regard to leadership by-elections. A previous incarnation of SOC found that the clause in question, 8(xi), was capable of numerous different interpretations regarding the length of term that a new Leader or Co-Leaders would serve. Ambiguities were worsened by the fact that the Leadership by-election and Annual Ballot were happening in overlapping time-frames, making it difficult to decide what was the “next” and what the “previous” Annual Ballot. SOC eventually reached a majority ruling on this issue, but noted that the ambiguity of the Constitution would have to be resolved by a constitutional amendment.
Clause 8(xi) of the Constitution currently states:
8(xi) If there are Co-leaders and one of the Co-Leaders resigns, there will be a by-election for both Co-Leaders. If there are two deputy leaders, should one of the deputy leaders resign, there will be a by-election for both deputy leaders. They shall serve a term lasting as if they were starting following the result of the previous Annual Ballot, or if held after May, lasting as if it were starting following the result of the next Annual Ballot.
Delete final sentence and substitute:
If the by-election process is started (i.e. the call for nominations goes out) such that it can be completed (i.e. the result declared) on or before the 1st of May in the second year of the current two-year term, the person or persons elected shall serve until the scheduled end of that term: if the process cannot be completed on or before that date, no by-election shall take place and clause 8(xii) shall apply until the result of the next scheduled Annual Ballot. Any by-election for the position of Leader or Co-Leaders shall automatically include a simultaneous by-election for the post of Deputy Leader(s).