Title: The Post-Election Governance Reform Act
Preamble:
Acknowledging the need for a smooth and fair transition of power, this Act seeks to limit the ability of outgoing government officials who have lost re-election to enact policies or legislation without the consent of the incoming representative. This measure aims to prevent disruptive or retaliatory actions that could undermine the incoming administration’s ability to govern effectively.
Section 1: Short Title
This Act shall be known as the “Fair Transition and Governance Accountability Act.”
Section 2: Prohibition on Legislative and Executive Actions Post-Election
(a) Limitations on Outgoing Representatives and Administrators:
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Any Member of Congress, President, or other elected federal official who has lost their re-election bid or is term-limited shall be prohibited from enacting new legislation, executive orders, or policies during the transition period unless explicitly approved by their duly elected successor.
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This prohibition applies from the day after the general election until the official transfer of office.
Section 3: Required Approval from Incoming Representatives
(a) Consent Requirement:
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All proposed legislation, executive orders, or policy changes by outgoing officials during the transition period must be submitted to the incoming representative for review.
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The incoming representative shall have the authority to approve, reject, or modify such proposals within 15 days of submission.
(b) Transparency Measures:
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Any proposed action during the transition period must be disclosed publicly within 48 hours of submission to the incoming representative.
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The decision of the incoming representative shall also be made publicly available.
Section 4: Emergency Exceptions
(a) National Security and Emergency Situations:
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This Act does not apply to actions deemed necessary for national security, public safety, or responding to a declared emergency.
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Such actions must be reviewed and approved by a bipartisan Congressional committee and disclosed to the incoming representative immediately.
(b) Judicial Review:
Any disputes over the necessity of emergency actions shall be subject to expedited review by the federal judiciary.
Section 5: Enforcement and Accountability
(a) Oversight Committee:
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A bipartisan oversight committee shall be established to monitor compliance with this Act during each transition period.
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Violations of this Act shall be reported to the Ethics Committees of Congress or relevant authorities for review and potential disciplinary actions.
(b) Nullification of Unapproved Actions:
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Any legislative or executive action taken during the transition period without the required approval of the incoming representative shall be deemed null and void.
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The oversight committee may issue a formal notice of invalidation, with judicial confirmation as needed.
Section 6: Effective Date
This Act shall take effect immediately upon enactment and shall apply to all federal elections and transitions occurring thereafter.
Justification:
This Act ensures that the period between an election and the official transfer of office is characterized by cooperation, transparency, and accountability. It prevents outgoing officials from engaging in “scorched earth” tactics that hinder the incoming administration’s ability to govern effectively. By requiring incoming representatives’ approval, this legislation prioritizes the will of the electorate and promotes a smoother, more democratic transfer of power.