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Citizens' Initiatives Assembly Complete Text of Opening Rules
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Preface
The planned constitutional Amendment adopts these
Opening Rules
for the Assembly. However, the rules are
not incorporated into the Amendment so
that they can be changed by the People's Initiatives without amending the constitution.
In this way, any non-constitutional defects in the Assembly and the
Initiative process can be addressed by the People and changed by
Initiative to meet their requirements.
The planned constitutional Amendment gives the Assembly
broad authority and responsibility to evolve, improve, and meet changing
circumstances. To balance this broad authority and responsibility, the Assembly
is limited by key rules that can only be changed by Direct Initiative of
the People (Part
A), or
supermajorities of the Assembly (Part
B).
These Opening Rules will help to keep the Assembly in reasonable
order when it first convenes. However, they be are incomplete and
the Assembly will undoubtedly make extensive changes through Direct
Initiatives and its own areas of authority. The experiences of each Assembly will
accumulate, providing continuity and knowledge for the benefit of future Assemblies.
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Rules Text
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The United States Constitution and
any amendment thereof is the supreme authority over this United States Citizens'
Initiatives Assembly.
The Assembly shall conduct
its business in accordance with these Rules. The Part A Rules constitute the
Assembly Charter. Only the People using Direct Initiatives can change this
Charter. In this way, the People alone control the Assembly under the overriding
sanction of the Constitution—government is not involved.
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Repair Deficiencies and Confirm Completions
The Assembly shall use its powers to advance
Proposed Candidate Initiatives in order to repair any deficiencies in its initial
convocation by the Government and to assure thereafter that it functions in
accordance with the intent of the Constitutional Amendment that established
it. The Assembly shall advance Candidate Initiatives that enable the People
to accept or reject part or all of Governments' completion of their
implementation of the Initiatives Amendment and, when satisfied, to stop any further Government
actions in this regard.
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Definitions
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Full Complement of Members: The
maximum authorized membership (i.e., it includes absent Members and unfilled
seats).
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Whole Assembly: The Assembly of
all Members at the current session (i.e., it excludes absent Members and
unfilled seats).
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Simple Majority or
Simple Supermajority:
Shall be based on the number of votes cast and is the default method of
determining the success or failure of a vote unless otherwise specified.
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Absolute Majority or
Absolute Supermajority: Shall be based on the Full Complement of Members.
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Precedence of Assembly Rules
- Part A (Initiative) rules can be changed only by a Direct Initiative passed by
double majority vote of the Electorate and
prevail over Part B and C rules.
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Part B (supermajority) rules
can be changed only by a two-thirds simple supermajority Assembly
vote, and prevail over Part C rules.
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Part C (majority) rules
can be changed only by an absolute majority Assembly vote.
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Direct
Democracy Guidelines The
Citizens' Assembly shall ensure that direct democracy Initiatives comply with the Constitution.
In order of priority, it shall focus on advancing Initiatives to:
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Check and balance, provide oversight
and remedy representative democracy, but not supersede it.
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Set policies, principles, objectives and limits
so that government shall best benefit the general well-being. In order
that the nation's assets shall be available to serve the long-term
well-being of the People, the
Assembly shall foster:
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Reduction in waste for all
forms of the nation's assets.
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Increasing all forms of the
nation's assets.
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Promotion of
effective efficiency—i.e.,
doing the right things well for the right objectives.
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Resolve issues of importance to the People that the government
has not addressed adequately, because, for example, government:
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Is politically unable
to take them up.
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Will not resolve them because
Congresspersons have a personal conflict of interests.
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Will not resolve them because
to do so would be contrary to the wishes of a set of special interest groups.
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Is otherwise unwilling to resolve them.
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Has
neglected to deal
with them.
The
Assembly shall avoid
focusing on advancing Initiatives that:
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Address problems that are at core
symptomatic
and/or intractable, however
emotionally appealing (unless they tackle the core problems).
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Will incur significant expenditures,
but are unfunded (unless the funds are created by the Initiative or the
costs are relatively small).
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Comprise nationwide
actions that could effectively be tried
and proved first at a willing State level (unless they
support a State trial).
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Compete with or nullify Congressional
legislation (unless the People clearly wish it).
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Composition of the Citizens' Assembly The Citizens' Assembly shall consist of a cross-section of
all U.S.
Citizens who are legally entitled to vote. Their terms shall be staggered to ensure organizational continuity. At the
end of each
one-twelfth portion of their term of service, one-twelfth of their number who have served the longest (if
equally long, then selected by lot) shall resign and be replaced by new
Assembly Members to fill the Full Complement.
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Method of Selection The method of selection
of Members shall be simple random sample, stratified random sample or similar sampling
process that is feasible and provides an effective random sample. The
Assembly shall
select the
optimum method. The selection process shall be audited by the Assembly and
open to public and press; the names of those selected shall not be made
public.
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Size of Assembly The maximum size of the Assembly shall be
600
Members and the minimum size 300 Members. Within these limits the Assembly shall
set the optimum number.
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Term of Service The maximum term for a Member's service shall be 25 months and the minimum
term shall be 12 months. Within these limits the Assembly shall
set the
optimum term.
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Period of Protection
of Assembly and Members The Governments shall protect from tampering, or to press and media
exploitation or manipulation for the following periods:
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The Assembly when in session by
means of law and a physical presence.
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The security of the Assembly's
facilities on a continuous basis by means of law and a limited physical
presence.
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For each Member and each Member's
family from the Members' notification of selection until a minimum of two
years and a maximum of five years from the date the Member is first seated,
by means of law and its enforcement.
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Members' Basic Job Description
A Member's primary function as a deputy of the People is to develop an
independent, un-coerced, informed opinion after open-minded deliberation
about the overall benefit to the People's best interests of one proposed
Initiatives compared to another. When the Assembly expects the Member to
vote, then to vote that opinion by secret ballot. The Assembly shall expand
this job description. Back to Rules Index
Reduced Assembly Operations When the People have voted on nearly all worthy Initiatives that the
Assembly can submit to them, the Assembly shall not burden the Electorate by
proposing less-worthy Candidate Initiatives. By a two-thirds
majority vote of the
Assembly it may temporarily reduce its
operations and corresponding Members' remuneration for a period not to exceed two years by cutting back
50 percent (or less) on the frequency of its sessions and/or by cutting back
50 percent (or less) on the
duration of its sessions. Back to Rules Index
Requirements for New Assembly Members Lists shall be generated from the best available database of U.S. citizens,
defaulting to the social security number database if none better is
available. The lists shall be kept in the
order drawn from which each new
batch of Assembly Members will be selected. Anyone ineligible to vote shall be
removed from the list, e.g.,:
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Not entitled to vote—e.g.,
by reason of lack of U.S. citizenship or of sufficient age.
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Is incarcerated.
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Whose death has not been
recorded in the database.
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Has previously served as a Member.
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Is
automatically exempted.
The lists will be sufficient
so that additional Members can be selected to compensate properly for those who are unavailable, e.g.,:
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Cannot be
found after a good-faith attempt.
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Has been
released from duty by an expedited hardship hearing.
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Refuses to
fulfill the duty.
After the monthly complement has been filled
and seated, names drawn in
excess of requirements shall be voided but remain eligible for subsequent
selection. The
records of all as-drawn
lists showing those who become Assembly Members and the reason why the others did not
become Assembly Members shall be retained for seven years in a form suitable
for statistical audit and analysis.
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Citizens' Assembly Facilities The Assembly shall provide its Members with comfort
but without extravagance.
The facilities shall be more than two-hundred miles from Washington D.C. The
facilities shall be leased or rented. If the Assembly determines that it
needs permanent facilities, it shall obtain budget and approval by Direct
Initiative.
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Duration of
Relationships The Assembly shall avoid long-term
arrangements, commitments or bureaucracy that might
permit personal or institutionalized influence. The
maximum duration that the Assembly
Moderator (or Chairperson) shall hold office is one calendar month.
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Remuneration
Each Member shall receive $300 per diem.
Separately, $50 per Member per diem shall be paid into a bonus pool. All
amounts are computed as of January 1st, 2007 before
deductions, to be adjusted each year by the cost of living index used for Social Security pensions, and paid
monthly. In addition, all reasonable expenses, including economy transportation, board, lodging,
and child care shall be reimbursed.
Members shall receive one-day's per diem for travel time per Assembly
session if they
attend.
The
employment relationship policies between Members and the Assembly shall
correspond to those between a Juror and a Federal Grand Jury where relevant
and applicable.
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Rewards
Recognizing Members' Performance Four years after Initiatives first appear on the ballot, the Electorate
shall have an opportunity to vote on how they think the Assembly Members who
were seated between four and six years previously had performed. The bonus
shall be based on the overall quality and results (not the total number of
Candidate Initiatives) of the
Initiatives that they selected and were adopted four years ago. Each
Voter shall select a bonus amount.
The bonuses shall range from zero to one-third of the per-diems
originally paid in increments of tenths and shall correspond to 11 grades
from D to A+. These awards shall be averaged over all votes cast.
Bonuses shall be distributed by the current Assembly on the basis of the
number of months each Member served in that two-year period—note that about
half the Members will receive bonuses from two periods.
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Budget
The budget is
$90 million for the first year including startup, $75 million for the second
year including residual startup, and $60 million for subsequent years (using
the dollar value as of January 1st, 2007 to be adjusted each year by the cost of living index used for Social Security pensions).
The accounts shall be kept on a cash basis except for accrual of bonuses in
an interest-bearing trust account. If the bonus pool needs to be "topped up"
due to Members' high performance, this shall be drawn from Assembly funds
and added to the budget. After an annual financial audit, and
after the current year's budget has been deposited, unused funds shall be returned
to source. If the Assembly wishes to change its budget, it shall submit a
Direct Initiative to the Electorate proposing
and justifying its budget.
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Philanthropic Funds As a last
resort to sustain the Assembly if the U.S. Government fails to provide the
Assembly's budget and access to loans is unavailable, the Assembly may use
unconditional U.S. philanthropic funds, State funds, and/or unconditional U.S. Citizens'
private donations that do not to exceed one percent of the maximum annual
Social Security payment. The Assembly shall not use these funds to
accommodate expenditures in excess of its budget. To the
maximum and quickest degree possible, any use of philanthropic funds shall be repaid as loans
at an interest rate of prime plus one percent.
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Incorporation as a nonprofit
Corporation If necessary, the Assembly may incorporate as
a nonprofit corporation in the State where it assembles.
It shall meet
the minimal requirements of the State of incorporation. The registered agent
may be a local attorney. The maximum
combined time
that an Assembly Member may serve as a corporate director or officer is four months.
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Excessive Hardship Excuse The Assembly shall
define the term "Excessive Hardship" that the Federal
Courts should
consider in excusing Citizens selected for Membership from serving and in
excusing Members from completing or otherwise fulfilling their membership
obligations.
The Assembly shall attempt to find ways to relieve some categories of
excessive hardship so as to permit those to serve who might otherwise have to
be excused.
The following
sitting and
candidate officials shall
be automatically excused: U.S. Congresspersons, U.S.
President and Vice President, Secretaries of Departments of the U.S.
Government, Justices of the Supreme Court, and State Governors and
Lieutenant Governors.
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Losses Not Borne by the Assembly Any
Member's losses due to attending Assembly shall be paid only up to the amount of
normal Member's expenses.
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Types of Initiatives The Authors
shall indicate whether the Initiative shall be Direct, Indirect, or
Advisory.
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Obligatory Initiatives
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If Congress passes a bill
and the President signs it to propose an alternative annual budget for the Assembly, and submits it 60 days
before Draft Candidate Initiatives must be published, this alternate budget
choice shall be offered without change as an alternative to the Assembly's
budget. Both alternatives shall be included in the Assembly's budget Direct Initiative at the next election for the
nationwide Electorate to decide between them or to reject them both and
leave the annual budget unchanged.
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The following shall apply
until such time as the Congress first submits a nationwide Referendum
for vote by the People. If Congress passes a bill and the President
signs it to repeal or amend legislation passed in a prior Direct
Initiative and submits
it 60 days before Draft Candidate Initiatives must be published, this
proposal shall be offered without change as a Direct Initiative at the next election. The
limit shall be one such repeal-or-amend proposals per two-years, unless the
Assembly agrees to include more.
Back to Rules Index
Minimum Size of Citizen Groups The minimum size of a Citizen Group that may propose an Initiative may be
set by a
simple Supermajority vote of the Assembly to be between 5 and 100 Citizens.
Each Member of the Citizen group shall sign the Initiative and furnish other
information needed for unique identification. Each Member of the Citizen Group
shall act independently in proposing the Initiative. A Member shall not act as a surrogate for another person or organization,
which would be abuse of their right. The Assembly may use the
Citizen group size to control
the number and quality of Initiatives proposed.
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Minimum Requirements for
Organizations An Organization that may propose an Initiative shall
comply with the following requirements:
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Legally incorporated under the laws of a State
for at least two years.
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Financially solvent and not
delinquent on taxes or payroll.
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90-percent or more of the Board
of Directors shall be U.S. Citizens.
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90-percent owned and 90-percent
controlled by U.S. Citizens.
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The proposed Initiative shall be
approved by the Board of Directors, any non-U.S. citizen members abstaining.
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The organization shall have at
least the equivalent number of full-time U.S. citizen members, officers, employees,
and, in the case of a
nonprofit corporation, volunteers forming the
minimum size
of a citizen group that can propose Initiatives. These persons shall become
a
Citizen Group and conform to
its requirements and shall sign the opposed Initiative.
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The persons involved in any
activities associated with the Initiative shall all be U.S. Citizens.
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The organization shall report all
funds expended and services donated on the proposed Initiative, and the
sources of those funds and services. This report
shall be included as part of the proposed Initiative.
The U.S. Presidency,
the U.S. Congress, State Governorships, and State Legislatures shall
qualify as organizations that may
propose Initiatives
provided that they comply with applicable requirements.
All U.S. Judiciary
organizations that may hear litigation or write opinions regarding U.S. Initiatives shall be
automatically disqualified from proposing U.S. Initiatives.
No organization shall submit
a proposed Initiative via a proxy Citizen Group. This would be
abuse
of the Initiative process. Back to Rules Index
Proposed Initiative Submittal
Fee The Assembly by a two-thirds vote may introduce a fee
not to exceed $20,0000
per proposed initiative in order to help control the rate at which the
people submit Initiatives.
Maximum Number of
Initiatives Per Citizen The Assembly may
set a limit on the number of Initiatives (cumulating both Citizen Group
and Organization Initiatives) that may be proposed over a period of
time in order to limit abuse and to control the rate of submission of
Proposed Initiatives. Back to Rules Index
Assembly's Authority to Propose
or Change Initiatives The Assembly shall not propose or change
Initiatives except:
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The Assembly may propose
Direct Initiatives to obtain the Electorate's approval for changes to the
Assembly's Part A: Direct Initiative Rules and to deal with Assembly
administrative issues.
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After Citizens' feedback,
expert advise and deliberation, the Assembly may suggest corrections,
improvements and consolidations of any part of a Proposed Initiative(s) to
the original authors, who may then re-propose their Initiative. The Assembly
may pay the publication cost of such re-proposal.
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If the proposed initiative
supply is inadequate, the Assembly may advertise suggestions on their web
site for potential initiative topics. The assembly may also advertise
suggestions for its own administrative changes.
The Assembly
shall not bypass the normal procedures of publication for any Proposed or
Changed Initiative.
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Quorum A
quorum
shall be one-half plus one of the Full Complement of Members—e.g., 241 for a 480-Member Assembly.
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Voting Motions passed in
Plenary
Session with a quorum present shall govern the Assembly. Passage shall
require a simple majority vote with the exception of
the following that shall require a two-thirds simple supermajority vote:
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A Candidate Initiative containing a proposed
constitutional
amendment.
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Expulsion of
a Member.
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Reduced Assembly operations.
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Changes
to Part B Rules.
The Moderator (Chairperson)
shall not vote except to break a tied vote.
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Readings of Candidate Initiatives
Before a Candidate Initiative can be placed on the ballot, the Assembly
shall have approved it twice in two separate readings separated by
at least one month.
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Member Equality All Members are equals in the Assembly.
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Member Independence Members shall have
and shall vote their independent opinions on the
initiatives. Exchange of knowledge and information are essential, discussion
is required, debate is acceptable, and occasional change-of-mind is
expected—however, consensus is neither required nor desired and Members are
encouraged independently to research the issues. Members shall not participate in discriminatory group association amongst
Members—for example, groups based on political parties, race, color, religion, ethnic origin, age. Coercion of individual member votes by an advocacy group within the
Assembly shall be tampering. Back to Rules Index
Frequency and Notice of
Initiatives Initiatives shall be included with the even-year
federal elections. Each Candidate Initiative submitted for vote
of the Electorate shall be published in draft form not less than six months
before the date of the vote by the Electorate and withdrawn or published in
final form not less than four months before the date of the vote by the Electorate.
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Congressional Right to Change or Overrule A Direct Initiative
may specify how Congress may change or overrule the Direct
Initiative. Congress also has the right to use nationwide Referendums to change or overrule
a Direct
Initiative.
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Legal Review The Assembly shall arrange that
before a proposed Initiative reaches
Draft Candidate status, it has been expertly
reviewed for constitutional and legal issues and ensure that no unintended
conflicts exist. Back to Rules Index
Self-Education and Sources of Advice The Assembly shall arrange the Members shall have the materials and
information to educate themselves. Special care shall be taken on the issues of an initiative
before
the Assembly votes to
advance the initiative to Draft Candidate Initiative status. This shall take precedence over the number of
initiatives that are advanced.
The Assembly shall have no limitations on its sources of advice, data,
information, knowledge and
self-education except that the sources should be diverse and independent. This may
include the use of consultants and experts, reading materials and Internet sources,
Government information,
Think
Tanks, hearings, Citizens Jury®
methods,
Deliberative Polling®
methods,
Deliberative Blog™ methods,
Wikinitia™ methods, subpoenaed testimony, and their equivalents, which may be paid
for by the Assembly and may be provided by
third parties. Reasonable requests for information by individual Members
shall be fulfilled. No source of advice may become
institutionalized such that
any special interest influence or long-term individual influence may be brought to bear on
the Assembly. Back to Rules Index
Limit on Number of Initiatives on the
Ballots The number of Direct and Advisory Initiatives
on the ballot at
each even-year
federal election shall be limited to a maximum of
twelve
per two-years, including:
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Any obligatory Initiatives from
Congress.
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Any Initiatives needed to bring
the Initiative Rules up-to-date.
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Assembly Members' Recognition of
Effort and Bonus Rewards Initiative.
Moreover, the total of all
Initiatives must not overburden the Electorate.
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Limit on Number of
Indirect Initiatives Submitted to Congress The number of
Indirect Initiatives
submitted to Congress each year shall be limited to a maximum of
six per
year.
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External
Communications All Assembly external communications shall be:
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by
publication.
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in writing
with clear origination and destination identification. A copy shall be
retained by a committee that scrutinizes outgoing and incoming written communications
(including fax and e-mail).
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telephone and
other communications shall be monitored.
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Classified Materials of
the United States Each Member may have access to classified materials only up the security
level and in the manner to which they have been authorized by the Government
of the United States.
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Confidentiality and Sunshine
Provision Assembly records, recordings and affairs of the
Assembly shall be confidential as they occur. Later, they shall become public record
within the following range of time after the event occurred:
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A maximum of five years.
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A
minimum of a Member's normal term of duty.
All materials
published or posted on its web site by order of the
Assembly are not confidential.
Back to Rules
Index
Avoidance of Tampering or Influence Members who report tampering or improper influence leading to a
conviction shall receive (or share) a reward up to $50,000 per event (or set
of related events). The amount and allocation of the reward shall be made by
the Assembly after court sentence has been passed.
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Content and Format of
Candidate Initiatives The Assembly shall publish their
expectations and guidelines. Candidate Initiatives shall:
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Be clear,
concise and quickly understandable.
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Be expressed
in language of reason not emotion.
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Not overwhelm the voters.
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Complement the legislative process, not replace it.
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Be limited to a single subject or closely related issues.
They shall
contain:
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A title,
reference number and date. Titles should use clear yet brief language to
explain the intent and effect of the initiative.
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Authors (up to ten).
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Preamble.
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The Initiative
as approved by the Assembly.
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Period that Congress shall
not change or overrule a Direct Initiative.
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Brief impact statements: Fiscal, Social, Environmental as appropriate.
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Pro and con
opinions prepared by the Assembly,
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Pro
and con opinions from others in order of shortest first, longest last:
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Authors
who proposed the Initiative.
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A separate Independent Citizens'
Assembly
Review if it exists.
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President.
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Senate.
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House
of Representatives.
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Supreme Court—an important goal is to keep initiatives out of the courts
after approval.
The Assembly may place a
limit on the length of the opinions if necessary to protect the
Electorate from overload.
Back to Rules Index
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Method of Submitting
Proposed Initiatives
U.S. Citizens groups and organizations shall submit proposed Initiatives to the
Assembly only by their
publication as specified by the Assembly. The Assembly may occasionally
invite proposed Initiative's authors to become advisors to the Assembly
regarding their Initiative, attend hearings, and submit supporting data.
Back to Rules Index
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Minimum Size of Citizen Groups
The minimum size of a Citizen Group that may propose an Initiative is set
at 25 Citizens who are eligible to vote.
Back to Rules Index
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Number of Proposed
Initiatives Per Citizen
Each Citizen may
sign
and submit only one Proposed Initiative per Congress. A Congress is
seated at the start of each odd year and sits for two years. This limit
applies for Initiatives proposed by Citizen Groups and Organizations. The
limit will be reviewed to control the number of Proposed Initiatives
received by the Assembly.
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Initiative Fee
Initially, the
fee to
propose an initiative shall be $10,000 in order to avoid an possible flood of
proposed initiatives.
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Expedited
Initiatives The Assembly shall expedite proposed
Initiatives from the following sources to the status of an
Assigned
Initiative so that
prompt action can be taken to process them through the system:
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Proposed Initiatives generated by Congress. These may originate in Congress
or be counter-proposals to USCIA Initiatives sent to Congress for
comment.
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Any group of State Governors
comprising fifty
percent of all the Governors and with pro-rata (based on all the
Governors) multi-partisan approval.
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Any group of State Legislatures comprising fifty
percent of the States.
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Direct, Indirect and Advisory Initiatives
The Assembly shall review if an Initiative shall be submitted as a Direct, Indirect
or Advisory Initiative, and may suggest revision of their preference to the
authors. Preference may change as required to meet the
prevailing circumstances:
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Direct. The Direct Initiative is the
fundamental power of the People. If there is
not reason to expect that
Congress will cooperate on an Indirect Initiative, then a
Direct Initiative shall be used.
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Indirect. When Congressional
cooperation can be expected and Congress appears to have assured consensus, an Indirect Initiative shall be used
in preference to a Direct Initiative. The Indirect method has the advantage of
assisting integration into the U.S. legislative and budgeting structure.
Subsequently the Assembly
shall determine, or use a Poll or Advisory Initiative to determine, if Congress has
met the intentions of the People as expressed in the Indirect Initiative. If
it has not, then the Assembly may use
a Direct Initiative to remedy the situation.
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Advisory. If a poll will not suffice and the will
of the People is not clear on some important issue or if
common ground is not obvious, then an Advisory
Initiative shall be used to determine if it is possible to develop a subsequent Direct or Indirect
Initiative with assurance.
Back to Rules Index
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Publication of Initiatives and Feedback
The Assembly shall negotiate with
publishers and periodically select a specific publication(s) that on certain
days shall be distributed to all the Members. The Assembly shall post their
selection(s) prominently on their web site. U.S. citizens and organizations
will publish proposed initiatives without copyright in a standard modest
format. Frivolous, repeated or numerous submissions shall
be an abuse of the right to propose initiatives. A unique numeric
identification shall be assigned to each proposed initiative, with sub
identification of revisions and comments, by a method agreed by the Assembly
and the publisher.
U.S. citizens and organizations will published materials that
include:
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Source Initiatives, generally with brief reasons, pro and
con summaries, and references.
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Revisions to previously published source Initiatives.
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Comment, opinions and feedback.
The Assembly shall publish:
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An
up-to-date searchable Internet database of all published Initiatives and
comments on Initiatives from proposed to
approved status with all revisions. There shall be no read-only
restrictions on access. Only persons registered on the database, clearly
identified as Citizens eligible to vote with confirmed Internet
addresses, shall be permitted to post to the database. If a database of
Citizens eligible to vote is not available, a default to
Citizens registered to vote with a
valid voter ID and valid personal data shall be used.
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The database shall contain a short list
containing proposed initiatives that are under consideration for
advancement so that readers can focus their comments effectively.
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Draft Candidate Initiatives shall be published on the
Assembly's
web site and copies sent by mail to major newspapers, magazines, and
television media. They shall solicit published feedback.
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Candidate Initiatives being placed on the ballot. They shall be
published on the Assembly's web site and copies sent by mail to major
newspapers, magazines, and television media. Candidate Initiatives shall be
sent to all Election Authorities.
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Voting Secrecy
All votes shall be in secret. Records of all
vote counts shall be retained, but no names shall be identified. Votes shall be
tallied by machines whenever possible with voter receipt for the vote cast.
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Voting Methodology
Use of straw polls or
votes shall be avoided in order that members cannot become emotionally
committed to their initial straw vote. Moreover, votes shall be after all
deliberation is complete or a motion to terminate discussion has passed,
thereby assuring that the decision is taken simultaneously (i.e., at one time) rather than
cascading
sequentially over time.
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Readings of Candidate
Initiatives
The two
readings of each final Candidate Initiative shall be separated by at least
three months
and the final Candidate Initiative shall pass
on both readings. Vote counts shall be published with the Initiatives.
Back to Rules Index
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Employment at Assembly The
Assembly shall not have any employees (except as may be mandated under law). All services shall be contracted.
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Advisors and Consultants The
Assembly shall by vote select and appoint Advisors and Consultants they deem necessary, and determine their remuneration and time to be present.
They shall be chosen to address properly all pertinent sides of the issues
and particularly to balance any immoderation or hidden agenda of the
proposed Initiative's authors. Advisors and Consultants shall provide information and answer questions in
writing or in Plenary Session, and shall not meet alone with any Members whether in
Assembly Session or on leave to avoid risk or appearance of tampering. However,
if necessary, Consultants expert at training and evaluating Moderators
may meet on an occasional and temporary basis with smaller groups than a Plenary Session
to solve deliberation issues and improve deliberation methods. The term of appointment of any Advisor or Consultant shall not be longer than 160 hours in one year. Moreover, having served in a calendar year, an Advisor or Consultant may not
normally be re-appointed for a period of the following two calendar years.
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Proposed Initiative
Testimony and Advice
The Assembly shall invite or contract for testimony and
advice (and, if necessary, subpoena) both for and against proposed Initiatives that are considered
sufficiently worthy. Testimony from the original authors of the Initiative
shall normally be included. Devil's advocates shall be appointed as
necessary to assure a balanced perspective. The testimony and advice shall
be presented in Plenary Session with appropriate handout notes and other
materials.
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Recording All
meetings (e.g., Plenary Sessions,
Moderator lead meetings, Task Force meetings, and Committee Meetings) shall be recorded. Secure
(encrypted or cable) voice
microphones shall be provided in adequate numbers for the members to be
heard. The Plenary Sessions shall be recorded on video, but need not be
broadcast quality.
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Separate Facilities
For the reassurance of Members' spouses or
partners and the maintenance of general order, the Assembly shall provide accommodations for men and
women in separate facilities beyond easy walking distance. The meeting
rooms shall be at one of the facilities or at a third location. Buses shall be provided to transport
members.
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Discipline The
Moderator (with the
resources of the Security and Discipline Committee,
Sergeant at Arms, Security and
local Law Enforcement) shall have authority and responsibility
to maintain discipline in all meetings and at all times of the day and night
while the Assembly is in Session. A meeting that does not come to order may
be temporarily suspended or terminated for that day only by the Moderator. A disruptive Member may be required
by the Moderator to
watch the proceedings in a separate area over a television link and shall
have the ability to vote. Additional sanctions, including expulsion and
dishonorable discharge, may be
imposed as authorized by a two-thirds majority vote of the Assembly.
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Excessive Hardship Excuses
Defined
The following definitions will be used as
guidelines by Federal Courts to help
define excessive hardship that would be incurred by attending Assembly
meetings. Hardship shall not generally be considered extreme if another
qualified person or persons can periodically assume the responsibilities of
the selected person who is otherwise able to attend the Assembly.
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Persistent contagious disease
that could seriously harm other Members and cannot be cured within two
months.
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Physical or mental
incapacitation that will last more than two months and would prevent
participation in the Assembly's work.
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Pregnancy with complications
that require absence for more than three months.
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Ongoing obligations of a
critical nature where others would suffer grave harm as a result of the
selected person's periodic absence.
The following are some
examples of circumstances that do not generally qualify as excessive hardship.
The Assembly will not generally provide any additional compensation.
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A doctor, lawyer, engineer,
teacher, priest, executive or other highly skilled person whose basic skill
is available from others in the community.
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A military person on active
duty during time of war.
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A state assemblyperson.
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A diplomat.
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A civil servant.
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A student.
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A mother of children five
years old or younger who normally cares for the children, where a qualified
relative or professional is willing to provide the care, perhaps with
additional modest compensation from the Assembly.
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The owner of a small business
where another qualified person is willing to run the business, perhaps with
additional modest compensation from the Assembly.
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Excuse from Service The Assembly may excuse a Member from service for excessive hardship.
Care shall be exercised not to create inappropriate precedents, duplicate
Court's jurisdiction, or jeopardize
the credibility of the definition of excessive hardship used by the Courts.
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Time Limit The Moderator may set time limits on all presentations and may terminate
debate on a motion when the Moderator deems it appropriate. Unless the
Moderator determines otherwise, the maximum time that any Member may speak is
one minute per day. Back to Rules Index
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Statistical
Method Used to Select Members The statistical method
initially used to select Members shall be a
simple random sample. The Assembly shall hire experts to advise on the
long-term optimal statistical method considering factors such as:
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Assembly control of the process
and bureaucratic complexity of the statistical method.
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Availability and quality of
databases.
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Frequency of excuse from service.
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Feasibility,
auditability and randomness of
system.
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Fairness of
system to the People and the Members.
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Assembly Membership Size The Assembly shall initially consist of
480 Members. The
Assembly
shall hire experts to advise on the long-term optimal size of the Assembly and the
number of days it should meet based on factors such as:
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Number of proposed Initiatives submitted.
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The minimum size of a group of Citizens who can propose an Initiative.
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Approval rate for Candidate Initiatives.
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Proximity of the Assembly vote to the Electorate vote on
each Initiative.
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Assembly organization, effectiveness and efficiency
Back to Rules Index
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Duration of Service A Member shall have a training period in the month before becoming a full Member of the Assembly.
After training, a Member shall serve for one year. Attendance shall be for a
group of
consecutive days each month. Back to Rules Index
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Duration of Protection
In general, the
Governments' protection of each ex-Member and each ex-Member's
family from tampering, or to press and media exploitation or manipulation,
shall end when all of the ex-Member's
contemporaries are no longer Members. Specifically, with a one-year term of
service, this means that the protection shall last for a period of two years
from the date a member is first seated as a full Member.
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Oaths of Members and Other Persons Before taking their seat, each
Assembly Member shall
provide a copy of their Oath to the Membership Committee Moderator (or given as soon as the Membership Committee has been formed).
Anyone with whom Members may come in contact during their Assembly activities shall all swear a
similar oath. The Oath Forms are shown at the
bottom of this page.
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Authority to Expend Funds Expenditure of funds shall only be authorized by vote in
Plenary Sessions. All expenditures shall be properly justified for the record.
It is the responsibility of the Assembly members to expend funds economically, and
to ensure that Session lengths are such that Members are fully occupied in
productive work.
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Acronyms and Abbreviations The following acronyms
and abbreviations shall be used:
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USCIA:
United States Citizens' Initiatives Assembly.
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Citizens' Assembly: An alternative to USCIA.
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Assembly: An
alternative to USCIA when it is clear that no other assembly can be inferred
from the context.
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Initiative: A
generic form of Direct Initiative, Indirect Initiative, and Advisory
Initiative.
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DTF: A
Deliberative Task Force is a temporary small subgroup of the Assembly
that is focused on an issue, randomly selected from the Whole Assembly
excluding the Assembly's Moderator (or Chairperson), led by its elected DTF
Moderator, and deliberates before voting.
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Rules of Order
The Assembly Rules shall prevail. The most current edition of
Robert's Rules of Order
shall resolve issues not covered by the Assembly Rules. Meetings may be run less
formally provided there is not simple majority objection.
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Election of a Moderator (or Chairperson) and
Recording Secretary
The Assembly shall elect a different
Moderator and a
Recording Secretary to serve for each month, and may change them during
a month. A Member may serve as Moderator only once (except for the temporary
Moderator who may serve once more). The Moderator shall preside over the Assembly, decide all questions
of order and procedure, and announce the results of all votes.
The results of all votes as announced by the Moderator shall be
final except on a voice vote which may be questioned by ten Members
standing immediately after the announced results of a vote. In such
a case, a recount shall be taken without debate.
The Moderator shall ensure that all important sides of an issue are
fairly addressed. If the Members do not adequately represent one
side of an issue, the moderator shall appoint a
devil's advocate.
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Addressing the
Assembly
To address the Assembly, a speaker must be recognized by the
Moderator and, once recognized, a speaker should first give his/her
name for the record. No speaker shall be recognized while another
person is speaking except to raise a point of order, which is used
to question a ruling of the Moderator or the conduct of the
Assembly. A point of order must not address the subject matter being
discussed.
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Time Limits
The Moderator may set time limits on all presentations and may
terminate debate on a motion when he/she deems it appropriate.
Debate on a motion may also be terminated by a voter "moving the
question" which, if accepted by the Moderator as not being premature
shall be voted on without discussion or debate. A motion to "move
the question" requires a two-thirds simple majority vote for passage.
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Motions
In order for the Assembly to act on or discuss an issue, a motion
must be made. The Moderator shall call for a motion each issue and,
if no motion is made after the second call, the Moderator shall "pass
over" the issue and move on to the next issue.
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Selection of Publisher The Assembly shall arrange for the
publication of proposed Initiatives without copyright in a specific location (e.g., a
section of a newspaper) on a specific day of the week so that U.S. citizens and organizations
may submit proposed Initiatives to the Assembly. The initial publisher
should be a major national newspaper.
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Permanent Committees Committees consisting of
at least three Members shall be elected by vote of the
Assembly:
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Finance and Accounting Audit.
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Caretaker.
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Membership and Member Selection Audit.
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Infrastructure and Maintenance.
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Information and Archives.
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Security and Discipline.
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External
Communications
No Committee Member may serve for longer than
six months, and their appointment shall be staggered so that one sixth of its members resigns
every month. Each Permanent Committee shall elect a Moderator and a Recording Secretary. Permanent Committee minutes shall be copied to the Archives
the day after the meeting occurred and before the end of the Session. The
Caretaker committee that shall take care of Assembly business when the whole
Assembly is not in Session, but shall not have executive powers. The External
Communications committee shall examine incoming and outgoing written or
faxed communications connected with Assembly Initiatives to ensure no improper
influence or other violation of Assembly rules.
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Time in Position of Authority
Each Member may serve as a Moderator or Recording Secretary of the
Assembly or Permanent Committees, or other position of authority no more
than six months (in cumulative total of all positions) unless no other
Member can be found to fill the vacant position.
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Assembly Sessions
The nominal length of the monthly Assembly Session shall be
five consecutive days starting at 8:00 am on the second Monday of each month.
This shall be adjusted as required to meet circumstances. Monthly Sessions shall
be a minimum of one day, but otherwise no longer than necessary. All Members shall reside in
facilities provided by the
Assembly throughout the
Assembly Session. The Session lengths shall be approximately as follows:
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The initial Session shall be four
days, second Monday 8:00am through Thursday 5:00pm, during which the
Assembly shall adopt a short-term schedule for subsequent Sessions.
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The first year budget should enable the Sessions to average up
to ten
days per month.
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The second year budget should enable up
to seven days.
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Subsequent annual budgets should enable
up to five days.
Between Assembly Sessions members may return to their families
and work wherever located, or go to a location elsewhere in the continental United
States, but must return before eight am on the first day of the next Assembly
Session. Visitors to Members at the Assembly Facilities shall not be permitted.
With Plenary Session approval, specified Members may remain
at the Assembly facilities after the end of a Session to complete unfinished work.
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Assembly
Facilities
Periodically the Assembly shall rent or lease new facilities,
move into them, and assume full control and responsibility for them. To the
degree possible, the Members
shall not mix with the local population to avoid opportunities for influence. The facilities shall not be in any State Capitol or in a
city of more than one million persons. Facilities shall include a meeting room
to accommodate Plenary Sessions.
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Security
The Assembly shall liaise with the
U.S. Government security officer. Checkpoints and barriers shall be established
as required at an appropriate distance from any point of the buildings.
Security of facilities shall be provided 24x7 while Assembly in session. Security videos
and logs shall be made and retained for an appropriate time showing all vehicles and persons entering and leaving the
Assembly’s facilities.
All Members shall wear official photo name tags at all times. All Assembly
phones and computers may be monitored to detect any attempts to influence
Members.
Members shall not remove any Assembly documents or
information in written, electronic or other media from the Assembly premises
without specific permission originating from a vote at a Plenary Session on each
occasion.
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Selection of New Members
If no complete single table of all
U.S.
citizens exists in a suitable format, then the table of all Social Security
numbers may be used as a basis for selection. The method of selection must be
published and the randomness of the selection process must be independently
certified.
Potential new Members shall be provided appropriate information describing
the terms, conditions and responsibilities of their duty. They shall swear
and sign an appropriate oath. Anyone with whom they must discuss Assembly
business shall swear a related oath. The Assembly shall audit the Member selection and
notification process including software and databases.
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Size of Citizen Groups
The minimum size of a Citizen Group that may propose an Initiative is set at
25.
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Member's Employment
The Assembly shall not be an employer of the
Members except to the minimum degree mandated by law. While the Assembly is in Session a Member shall not provide services for another organization in the
expectation of any immediate or future benefit. However, a Member may provide
free help and advice to those for whom the Member has a continuing obligation of
immediate and urgent service provided that this does not interfere with the
Member's Assembly duties.
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Communication Devices
To a reasonable degree, Members may send and receive
personal email and access the Internet for necessary personal business on
Assembly
computers, and make and receive personal phone calls on Assembly phones.
Members
shall not bring or use mobile or cell phones or their own personal computers or
equivalent devices at the Assembly. The Assembly may vote to approve each specific
exception where a cell phone is needed for life-threatening situations. Removing
Assembly digital information from the Assembly by whatever means or method shall
be tampering with the Assembly. Back to Rules Index
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Members’ Resignations
in the First Year
During each month
of the first year of the Assembly, one-twelfth of the original Full Complement of
Members shall be
randomly selected from the original Members
(including any Members who are filling the balance of term of a Member who resigned early). The selected Members shall resign at the end of the last day of that
Assembly Session. They shall be replaced on the first day of the following
Assembly Session by Members selected under the powers of the President
of the United States to fill the Full Complement of Members.
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Orientation and Training of New Members
When the Assembly first convenes, it shall arrange an extensive training
program for itself over several months to establish its knowledge base and
develop the new-member orientation and training program. This process shall be
refreshed and enhanced to evolve as the Assembly matures.
New Members
shall receive an orientation course. This shall be followed later by an training
course when Members have become familiar with the Assembly. The courses shall be given by longer-serving
Members based on class notes and information that has been recorded on the
Assembly LAN and progressively improved. Similarly, classes and notes shall be
arranged so that new task forces and elected positions can benefit from the
experiences of previous sessions of the Assembly. Outside lecturers shall be
used to provide training on special issues such as:
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Responsibilities of the Assembly.
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Responsibilities of Members.
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Direct
democracy.
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Initiative
process.
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Latest and best
approaches to deliberative assemblies.
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Techniques for Members to function as
Moderators of Deliberative Task Forces.
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Sources of information available
to members.
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Task Forces
Each task force shall be comprised of an appropriate number of Members appointed by the Assembly in Plenary
Session to produce a specific result with defined resources by a certain date. Each Communicated
Initiative shall be assigned to a task force.
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Deliberative Task Force (DTF)
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The Assembly
shall form DTFs consisting of about fifteen
Members randomly selected from the
Whole Assembly. A DTF
shall exist for a short period, usually half a day, to deliberate on an
issue assigned by the Plenary Session and either take a DTF vote on that
issue or return and participate in a Plenary Session deliberative assembly
discussion or vote on the issue.
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Each DTF shall meet in a separate room. A
DTF shall elect a Moderator by simple majority vote, or if no simple majority vote can be
reached then by lot. The Moderator shall ensure that members
of the DTF get a chance to speak and shall appoint a
devil's advocate
if the discussion is one-sided. Minutes shall be kept of any DTF votes by a DTF
recording secretary elected by the DTF, and the minutes shall be forwarded
to the Assembly. When its assignment is complete, or by Assembly vote, the DTF shall disband.
Members shall not be assigned concurrently to more than one DTF.
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The Assembly shall periodically
divide itself entirely into DTFs of about 15 Members that shall debate the
initiatives and other matters under consideration in an environment where
each Member can exchange information, voice their opinions and discuss the
issues with others.
This process may be repeated several times until in plenary session the
Assembly agrees that no more can be achieved by this process in furtherance of
the matter under consideration.
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The Assembly
may appoint two or more DTFs to consider the same issue in order to minimize
risk of error.
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A DTF may
itself subdivide to undertake routine functions with maximum efficiency, but
all members of a DTF shall vote together.
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Outside
consultants shall occasionally monitor DTFs in order to improve the
deliberative process, improve Member training, and develop innovations. They
shall not comment on the individual performance of any DTF or its members
without written permission of all the DTF members and the Assembly.
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Initiative Stages of Progress
Initiatives shall normally proceed through seven basic stages before becoming law:
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Source Initiative.
The Initiative is under discussion at a variety of sources by informal or formal groups, concepts are being developed, drafts circulated, committee votes taken, documents published in the press or on the Internet, etc. Generally Source
Initiatives will originate outside the Assembly, though Assembly Members or
the Assembly itself may also source
Initiatives by using their citizens' right to publish proposed initiatives.
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Communicated Initiative.
A Source Initiative is made known at a
Assembly Plenary Session, and becomes a formally Communicated Initiative. It is now officially taken up by the
Assembly, catalogued, and tracked.
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Assigned Initiative.
A DTF is assigned to the
Initiative to review, develop, identify errors or improvements, and prepare in a complete form.
An informative preamble and opinions clearly presenting the pro and con opinions shall be attached. It is then rejected, selected
for advancement or returned to the original authors for possible
revision by the
Assembly in Plenary Session.
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Nominated Initiative.
A Communicated Initiative that has been selected for advancement becomes a
Nominated Initiative. The citizenship of its authors shall be independently
verified as soon as it is nominated. In its final form it must be approved
without change by the
Assembly in Plenary
Session in two readings separated by a Assembly Session break.
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Reviewed Initiative. In
addition to legal review at earlier levels:
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A legislative initiative shall
be formally reviewed by experts to ensure that it is likely to be sustained in any challenge to its constitutionality and that it is not
in unintended conflict with other laws.
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A constitutional initiative
shall be formally reviewed by experts to determine if it is in any
unintended conflict with the constitution and prevailing law.
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Draft Candidate
Initiative. A Nominated and Reviewed Initiative that has been approved advances to a Draft Candidate
Initiative. It shall be published on the Assembly's Internet Site as a Draft Candidate
Initiative so that feedback can be obtained. If it is changed, the changes shall be re-approved by the
Assembly in Plenary Session or the Initiative shall be withdrawn.
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Candidate Initiative.
A Draft Candidate Initiative, after feedback and any re-approval, becomes a Candidate
Initiative. It shall be published on the Assembly's Internet Site as a Candidate
Initiative, and shall be placed on the Ballot for vote by the Electorate.
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Ratified Initiative.
A Candidate Initiative that has received a double majority vote by the
Electorate and the vote certified, shall be a Ratified
Initiative, and becomes law.
The term "proposed Initiative" means
only that it is being proposed, not that it is in any particular stage of
progress.
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Initiative Selection
Process Selection is an
elimination
process using a ranking system and common sense. Rapid initial
elimination slows to lengthy deliberation. The Assembly shall hire outside
consultants to help review and improve these selection procedures based on
experience. The Assembly may call upon, and compensate as appropriate,
persons to provide presentations and testimony as needed.
The Assembly
shall determine the final number of Candidate Initiatives based on their
overall worthiness and readiness for nationwide vote. Any that are important
but not ready shall be postponed rather than hastily presented. The Assembly
shall be under no obligation nor make any attempt to fill the maximum
allowable number of Initiatives.
If the number of proposed initiatives is beyond the processing capacity of
the Assembly:
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The Assembly may postpone the
evaluation of some proposed Initiatives until it can catch up.
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Shall implement systems and
procedures to accommodate the work load.
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May temporarily make a cursory
selection of important proposed Initiatives for immediate focus.
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May propose an Initiative to the
People to modify the Initiative proposal process and improve its
manageability.
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Readability Indexes
The Assembly shall seek expert advice on the use of
readability measures such as the
Flesch-Kincaid Grade Level score
to help determine that the Initiatives can be
understood by almost all the voters. The Assembly shall take advantage of its
full range of Citizens' abilities to perform an internal check on the
comprehensibility and quality of proposed initiatives.
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Polls and Surveys
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The
Assembly shall arrange for Polls of
a sample of the people when necessary to clarify the need and desire for an
Initiative and its contents, and to determine the Assembly's performance. The polls may be contracted with various polling organizations. Sophisticated random sampling techniques may be used with proper guidance if they have been proven.
The efficacy of simple random sampling shall be compared with other methods such
as stratified random sampling.
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The Assembly shall test its own ability to predict
the Electorate's vote. When an Initiative is first introduced in plenary
session and prior to general deliberation, Members shall cast their "predictive" votes as
they would at the ballot, consciously disregarding any deliberative study to
which they may have been exposed. The Assembly's "predictive" vote shall be compared with
Polls and actual Electorate votes to determine if an Assembly predictive vote can be
accurate. No use of these predictive votes shall be made until its accuracy has
been thoroughly evaluated.
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Public Hearings
When appropriate and feasible, the Assembly shall solicit opinions from the
public. It shall also take advantage of any deliberative polls of
randomly selected citizens. Public hearings shall not be at the Assembly facility
to avoid potential inclusion of media in Assembly business. Public hearings may be assigned to and attended by an Assembly Task
Force that will report back to the Assembly.
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Initiative Opinions
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The simple majority opinions and the number of Members'
votes passed in favor and against on the final approval shall be disclosed on
all Draft Candidate and Candidate Initiatives. Groups of twenty-five percent or more
Assembly
Members may present dissenting opinions. Each dissenting opinion shall be
included with the published Candidate Initiative and shall note the number of
Members who participated in this opinion.
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The Assembly shall take great care in presenting their
opinion to the Electorate. They have had the opportunity to become well
informed and have the benefit of extensive deliberation. It is the
Assembly's responsibility to use whatever means necessary to present their
knowledge in written, verbal and video format that they effectively
communicate this knowledge to the Electorate.
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Advisory
Initiatives An
Initiative may be in the form of an Advisory
Initiative to test whether people either support or oppose a potential action or issue
and to find common ground in
complex ethical and political issues. No person or organization is bound by the result of an Advisory
Initiative. Advisory Initiatives should be used sparingly and not as an alternative to
a poll, but should be considered before any controversial proposed constitutional
Amendment. Back to Rules Index
Multiple
Choice Initiatives
A Multiple Choice
Initiative may be used where there is no simpler option to achieve the objective. However, they must be
easy to use, and carefully designed and tested before they can become a Nominated
Initiative. Voters must be given a clear choice to retain status quo and vote against a Multiple Choice
Initiative.
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Voter
Education Materials
The Assembly shall publish and distribute by print and electronic means unbiased
and balanced voter education materials, including information on the initiative
process itself as well as pro and con arguments on each measure certified for
the ballot.
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Proposed
Initiative Content
Proposed Initiatives shall stand on the merits of their content plus any
preamble, relevant impact statements, and arguments pro and con. Proposed
Initiatives shall include notarized proof of identity, address, method of
contact and citizenship of its source authors. Revisions to previously-received
proposed Initiatives are to be encouraged instead of a completely new proposed
Initiative that duplicates much of the one previously received.
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