An act to stop officials from making intentionally disruptive moves before officialy turning the office over to a successor

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:

  1. 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.

  2. 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:

  1. All proposed legislation, executive orders, or policy changes by outgoing officials during the transition period must be submitted to the incoming representative for review.

  2. The incoming representative shall have the authority to approve, reject, or modify such proposals within 15 days of submission.

(b) Transparency Measures:

  1. Any proposed action during the transition period must be disclosed publicly within 48 hours of submission to the incoming representative.

  2. The decision of the incoming representative shall also be made publicly available.


Section 4: Emergency Exceptions

(a) National Security and Emergency Situations:

  1. This Act does not apply to actions deemed necessary for national security, public safety, or responding to a declared emergency.

  2. 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:

  1. A bipartisan oversight committee shall be established to monitor compliance with this Act during each transition period.

  2. 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:

  1. Any legislative or executive action taken during the transition period without the required approval of the incoming representative shall be deemed null and void.

  2. 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.

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The pardon powers of the president shall be suspended thirty days before a presidential election and be restored one day after Inauguration Day

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While i dont disagree i also beleive that its something that could continue with agreement by both administrations, the incoming and the outgoing

I agree with hat there needs to be controls on implementing any policy changes after an election. I believe that between the day after the election and inauguration day all policy changes should be stayed and outgoing administrations should not be allowed to implement any new policies unless Congress agrees a change is necessary due to national security.

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That could easily be section two of the amendment

What i mean to say, is its already covered as this act includes “executive orders” and i dont think pardons need to be halted just approved. What a Presidential Pardon is, is an Executive Order granting clemency. If you go to whitehouse.gov and look at executive orders youll see pardons listed as well.

The intent of this act isnt to necessarily CHANGE powers but rather act as an additional check and balance. I can imagine, if it were implemented, it would become largely ceremonial where as the outgoing wont try anything overly spiteful BECAUSE of the oversight and the incoming will sign most everything else as to not stifle the flow of government and it would probably be perceived very poorly.

So in the end everything stays the same, we essentially just added guardrails to prevent, what would normally be campaign killing, end of term hail marys

In order to change the pardon power a n amendment to the Constitution must be passed.

This necessary law, well presented above, would not be needed if political party leadership considered the citizens’ needs above their own. It seems to me to be a matter of good sportsmanship.