Legislative Audit Procedure Act
Introduction
Any person may submit a Legislative Audit Request to the San Andreas Department of Justice (DOJ) challenging legislation enacted within established jurisdictions. Requests must present a valid legal reason or raise a constitutional question to be accepted for review.
Constitutional Justification
Pursuant to Article III - Rights and Freedoms of the Constitution of San Andreas, citizens enjoy the rights to Assemble, to Free Speech and Thought, and to Petition. Under Article V - Amendments and Interpretation, the DOJ, through its Justices, holds authority to interpret the Constitution and to determine the validity of laws under it.
Article I - Filing Fee
- A non‑refundable filing fee of $50,000 must be paid to the DOJ before submission of a Legislative Audit Request.
- Proof of payment shall accompany the request at filing.
Article II - Submission Requirements and Standing
- Who may file. Any person (individual or entity) may file a Legislative Audit Request.
- **Grounds. **The request must state, with reasonable specificity:
- the statute, rule, or ordinance challenged; and
- the constitutional or legal basis for the challenge, or other valid reason (e.g., conflict with higher law, ambiguity, or procedural defect).
- Form. Filings shall include supporting materials (if any) and the filer’s contact information for service and scheduling.
Article III - Intake and Docketing
- Upon receipt and preliminary review, a Justice shall determine whether the request is complete and facially grounded.
- If accepted, the Justice shall publish the matter to the Docket and cause notice to appear to be served on:
- the requesting party; and
- the individual(s) or body responsible for passage or promulgation of the challenged legislation.
- If denied at intake, the DOJ shall provide a brief written reason; denial is without prejudice unless otherwise stated.
Article IV - Hearing Procedure
- A hearing shall be scheduled, affording both sides a fair opportunity to present argument and evidence.
- The presiding Justice may adopt reasonable procedures for submissions, oral argument, witness presentation, and time limits.
- After hearing, the Justice shall issue a written decision determining whether the law is constitutional and valid.
Article V - Remedies and Outcomes
- Uphold. The challenged legislation stands.
- Strike. The legislation (in whole or in part) is invalidated and stricken from effect.
- Modification. In lieu of striking, the presiding Justice may direct or make text modifications consistent with the ruling.
- Severability. Invalid provisions may be severed where the remaining law can function as intended.
- Stays and Effective Date. Filing an Audit Request does not suspend enforcement of the challenged law unless expressly ordered by a Justice pending review.
Article VI - Third‑Party Review
- Legislative Audits may be submitted for third‑party review when deemed necessary by the State of San Andreas.
- Third‑party review may be conducted by a panel designated by the DOJ that is independent of the original presiding Justice.
- The panel’s determination shall be issued in writing and recorded on the Docket.
Article VII - Frivolous or Bad Faith Filings
- Where a Legislative Audit Request is deemed frivolous or made in bad faith, the DOJ may impose additional filing restrictions on the requesting party.
- The DOJ may also refer the matter for contempt proceedings or administrative penalties as deemed appropriate.
- Frivolous filings include, but are not limited to, those lacking any legal or constitutional merit, or those made solely to disrupt judicial or legislative function.
Article VIII - Effectiveness
- This Act is effective immediately upon publication.
- All decisions and audit outcomes shall be recorded on the public Docket for transparency.
Signatories:
- Justice Bailey Harvey
- Justice Peter Brackley
- Justice Mina Mercy
- Justice Tess Timony
- Justice James Anderson
Process Summary (Internal Use)
- Legislation passed
- Legislative Audit requested
- Payment of $50,000
- Matter reviewed and accepted/denied
- If accepted: parties summoned and hearing scheduled
- Oral arguments heard
- Determination issued on constitutionality
