Draft of a State Law…

for the Promotion of Public Dialogue and Civic Responsibility

Purpose and Summary

In order to promote authoritative and balanced political discussion, to promote a greater tolerance of differing points of view, to promote the assimilation of immigrants into the democratic process, and to affirm a devotion to the democratic principle of arriving a public policy through open and balanced public discussion between authoritative advocates representing conflicting points of view, this Legislature authorizes the creation of an office to be named  Election Debates Administration (EDA), which will create an online forum in which email debates between advocates for contesting parties/candidates, subject to eligibility and other parameters set by this state, may be held.

On the completion of such debates, EDA will distribute the transcripts and other related materials provided by the debate advocates authorized under this legislation, (See Art. I, § 2) to all registered voters.

Prior to voting, voters will be required to attest to having conscientiously examined and addressed such materials to the best of their ability. (See Article II.)

There will be no testing of voters. Such attestation will be made under the honor system.

I.  Responsibilities of EDA

1.  EDA will serve as the central point for the posting of debate arguments and counter-arguments of the advocates for the contesting political parties/candidates.

2.  On completion of the authorized debate(s), the contesting advocates will have the opportunity to add to the transcript up to three questions based on the transcript, and not to exceed, in total, 120 words, directed not to the opposing advocate, but rather to the voters, not so that they are necessarily expected to answer such questions, but, if nothing else, that they consider them. 

3.  The debate transcript(s) and any advocate questions will constitute the Election Transcripts/Questions (ETQ).

4.  EDA will provide for translations of the ETQ for non-English-speaking voters consistent with other translations the state provides for other governing purposes.

5.  21 days prior to the election, EDA shall mail or email copies of the ETQ to all registered voters.

6.  Such mailing shall include instructions advising voters of their responsibilities, as set forth in in Section II, below.

7.  EDA itself shall provide no materials going to the issues of the election. All material going to such issues must come from the contesting advocates so authorized under this law.

II.  Responsibilities of Voters

1.  In addition to preexisting requirements, English-speaking citizens, or non-English-speaking citizens for which the ETQ has been translated, will , prior to voting, be required to read, enter his or her name in print, and sign a statement attesting to having read the ETQs.

2.  Such attestation shall read:

“[Before God] or [upon my honor], I [name, in print] attest that I have examined and, to the best of my ability, understood the transcripts of debates provided under the authority of the state, and have made a good faith effort to answer any included related questions from the competing advocates. And I attest that, in my attention to such material, I favored neither side over the other.”

3.  For the first 4-year election cycle under this law, citizens who inadvertently fail to examine the ETQs will be permitted to vote. After the first cycle, such citizen will receive a one-time waiver to vote. If, in a following election, such citizen inadvertently fails to comply again, he or she may still vote, but a fine of $20 or, alternatively, a 4-hour detention at a later date will be imposed.

4.  Citizens who refuse to comply with the requirement shall not be permitted to vote.

III.  Candidate/Party Eligibility

1. Elections in which candidates may engage in state-authorized email debates are ones for the US presidency, Senate and House of Representatives, and ones for the state governorship, state Senate and House of Representatives. As discussed in Section IV, there will be a differing parameter for presidential/gubernatorial elections and legislative ones.

2. Eligibility to participate in such debates will be granted to the candidates nominated by the two political parties whose candidates for the office being contested received the highest and second-highest percentage of the vote in the prior election for that office.

3.  Should, in a prior election, a candidate of a 3rd Party receive in excess of 2% of the vote for such contested office, such candidate shall be authorized to challenge either of the two leading parties to a shorter 3rd-party debate, as set for and, upon its completion, include one question directed toward voters.

4.  Should more than one “3rd party” exceed 5% of the vote, such parties may choose to debate each other rather than one of the two leading parties.

IV.  Parameters of Candidate Debates

1.  A candidate may advocate his or her own positions, or may choose to be assisted or represented by a debate advocate(s).

2. All debates will follow the traditional format – a debate resolution to be proven or disproven, followed by  opening statements, rebuttals, and counter-rebuttals. Two days interval will be allowed between such stages of the debate. There will be no closing statement, but there will be provision for questions for voters, with up to one day allowed for submission.

3.  a) In presidential/gubernatorial elections, the advocate for the candidate will be authorized to write/respond for all stages of the debate.

     b) In legislative elections, the opening statement shall not be written by the advocate for the candidate, but rather by an advocate for the political party of the candidate. (Such opening statement may be the same statement for all the legislative candidates in the state.)  One-tenth of the allowable word-count for that stage must be reserved for the candidate to distinguish him/herself from any positions the party might have made in the opening statement.  As in presidential/gubernatorial elections, the rebuttal and counter-rebuttal stages will be written by the advocate for the candidate.

4. In all debates, opposing sides will have choice of having either 2 debates of up to 2200 words each (up to 4400 total) – in which each side chooses a debate resolution, or – if they agree on a single debate resolution to address – a single debate of up to 2800 words total.

5.  All debates shall consist of opening statements, rebuttals, and counter-rebuttals. In a set of two debates, the word limit for each would be up to 500, 250 and 250 (= up to 4000; for a single debate, 600,400 and 400 (= up to 2800)

6. Subsequent to the debate, the advocates for the candidates will be entitled to 100 words to pose questions to the voters relating to the facts and arguments of the debate.

7.  If a eligible candidate or party challenges an eligible opponent to debate a resolution and whatever other resolution the opponent might offer, then such challenger would free submit its argument, up to 1000 words and uncontested, to state for posting and attestation of examination by the voters.