Petition for Judicial Review - LRC Candidacy Requirement

[Cyrus Raven]

Supreme Court of San Andreas,

I, Cyrus Raven, citizen within the state of San Andreas, wish to invoke Article III, Section 3.2, of the constitution:

The Supreme Court is vested with the authority to perform the judicial review of all laws, along with public acts (decisions and determinations by tribunals, agencies and branches of government) in order to determine their constitutionality. The power of judicial review may not be excluded by any act of the government or any endeavor of the legislature through the enactment of law. Judicial review is not limited to errors of law but may also include errors of fact. Judicial review may be solicited by any citizen of San Andreas with founded and constitutional arguments

We request that the LRC's Candidacy Application regulations be reviewed by the courts and declared unconstitutional due to its breaches of the 5th Amendment and 14th Amendment of the constitution, and the following application's denial be reversed with immediate effect.

Cyrus Raven - Candidacy Application

---

LRC Candidacy Application

---

The current LRC Candidacy Application contains six agreement clauses which candidates must confirm, prior to submitting the application for review. Candidates must sign and agree, under penalty of criminal prosecution, that the answers provided in the application are truthful.

Per the yellow highlighted section (Reference Supporting Documents: Copy Candidacy Application), the State asks applicants to confirm:

You confirm that you would pass the necessary background check and are eligible to sit as a representative in the state including not having committed any felonies in the past 12 months ( 1 year ).

Via this agreement, the State is denying applications such as
Cyrus Raven - Candidacy Application by considering charges currently being appealed in the superior court as ''disqualifying felony charges''. (Reference Supporting Documents: Cyrus Raven - Candidacy Application Response)

We assert the following:

1. The use of the word ''committed'' necessitates guilt. In the case of the petitioner, they have not ''committed'' nor have been found by a court of law to have committed any of the three felonies mentioned. The petitioner has not been found guilty by a Court of Law and as such must be presumed innocent in the eyes of the Law and the State.
2. A restriction by the State based on an individual's criminal record must follow the principles outlined under the 5th and 14th Amendment, specifically due process.
   
   5th Amendment - ''No person shall be compelled in any criminal case to be a witness against themself, nor be deprived of life, liberty, or property, without due process of law.''
   14th Amendment - ''The state shall not deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.''
   The petitioner has never been found guilty nor ''committed'' any misdemeanour or felony charge, as such they are not in breach of the State's rules and regulations surrounding background checks as they are written.
   
   Further, we consider the relaxed interpretation of ''committed'' by the State to be unconstitutional. The State can not prevent an individual charged but not yet found guilty in a court of law from running for a State election as that would be a deprivation of that individual's life and liberties without due process of law.

---

Precedent

---

The Court of Appeals has previously clarified and expanded on the matter of due process and the presumption of innocence, rendering a decision:

The court would first like to address the burden of proof required for criminal cases within the Superior Court in addition to the presumption of innocence that the defendant is entitled to throughout the duration of criminal proceedings. The foundation of our court system operates on these two principles to ensure defendants in criminal trials are presumed to be innocent of the charges alleged until proven guilty in a court of law beyond a reasonable doubt. This burden of proof is considered the highest standard of proof within our court system, as a guilty verdict of criminal charges results in a denial of a citizen’s liberties through incarceration, and thus, this finding should reflect a moral certainty that the defendant is, in fact, guilty.

Per the Court of Appeals decision, citizens who are engaged in the criminal appeal process are presumed innocent and must be found guilty beyond a reasonable doubt by a court of law before their life and liberties are restricted.

Exceptions to this principle, such as individuals who have been charged for a crime and have decided not to appeal their charges within the 7 day period allowed by the Courts, do exist. However, no such exception is applicable in this case.

We urge the Supreme Court to take swift action given the importance of the underlying democratic process being affected. We unequivocally assert that the petitioner, Cyrus Raven, is within his full rights, as a man presumed to be innocent under the Law, to run for and hold a Representative seat in the Law Review Committee just like any other law abiding citizen.

Supporting Documents

San Andreas Constitution
The Constituion Can Be Found HERE

Copy LRC Candidacy Application

- - - - -

San Andreas State Government Law Review Committee Application Form

1. CANDIDATE INFORMATION - Personal Section

• First Name: (Your answer here )
  Middle Names: (Your answer here )
  Last Name: (Your answer here )
  
  Date of Birth: ( DD/MM/YYYY )
  Home Address: ( # ADDRESS (E.X. 1 Jamrock Ave) )
  Phone Number: ( XXX-XXXX )
  Email: ( Your answer here )
  
  Current Occupation: ( Your answer here )
  Business Ventures: ( Your answer here )
  Owned Property: ( Your answer here )

2. CANDIDATE PLATFORM - Party & Policy Section

• Party Affiliation : ( Your answer here - If Any )
  
  Candidate Biography (150 Words): ( Your answer here )
  
  Candidate Statement (150 Words): ( Your answer here )
  
  Candidate Picture (Optional): ( Your answer here )
  
  Additional Links/Information/Material (Optional, can be added in the future): ( Your answer here )

3. CANDIDATE AGREEMENT

• Please Confirm the Following:
  Mark an X in the appropriate checkbox.
  
  [ ] You are not currently employed as a command member of the LSPD, LSSD, LSEMS, DOC, JB or GOV
  [ ] You have not been a employed as a command member of LSPD, LSSD, LSEMS, DOC, JB or GOV in the last two months
  [ ] You assert you have never been found guilty of domestic terrorism, and are not currently regarded as an enemy of the state.
  [ ] You confirm that you would pass the necessary background check and are eligible to sit as a representative in the state including not having committed any felonies in the past 12 months ( 1 year ).
  [ ] You are not currently affiliated with any criminal organizations.
  [ ] You confirm that YOU MAY NOT COLLECT ANY CAMPAIGN DONATIONS WHATSOEVER THIS ELECTION CYCLE.

((4. OOC REQUIREMENTS))

• In order to apply, you must meet the 50,000 Experience requirement on any character. Please post a photo below proving this.
  
  Picture of /stats OR other proof

  

5. CANDIDACY PAYMENT

• Visit the San Andreas Executive Building (City Hall), and walk up to the Information desk and pay the fee on the left side of the desk with the card reader. Afterward, you will attach a digital copy of your receipt on this candidacy form. ((Post a screenshot of the notification in your chatbox once you make the donation. ))
  
  Total Due: $15,000
  Copy of Receipt:
  
  Photo of Receipt

  

6. AGREEMENT

• By submitting this request you hereby agree that all information provided is truthful and that any fraudulent submission will be subject to criminal prosecution.
  
  Candidate's Signature: (SIGN HERE)
  Date: (DD/MM/YYYY)

- - - - -

Cyrus Raven - Candidacy Application Response

Kind Regards,
Cyrus Raven
Citizen