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Draft vote on constitutional issues



As suggested [0] I think we should clarify these issues before any other
votes. As such I'd like to suggest a draft for the vote.

I'm proposing several options for a couple of reasons. Several of them I
would rank above further discussion, but I also want to make sure that
there is an option for everyone on here. I'm trying to clarify our
current situation. Resolving the vote without such a clarification does
not help this. You should all see an option below which you think is the
Status quo, but I'm certain that not everyone agrees with which one, so,
if you want the status quo, please vote for the option which describes
it, not for further discussion. If you _can't_ see what you think is the
status quo below, now is the time to point this out. (note, I'm not
formally proposing this as a vote yet, but would like to fairly soon)

Option 1 - No Supermajority

We do not believe that we should require anything more than a simple
majority for any changes to the constitution or foundation documents.

   - replace Constitution 4.1 point 2 with "Amend this constitution"
   - in Constitution 4.1 point 5, point 3, remove "A Foundation Document
      requires a 3:1 majority for its supersession. "

This option amends the constitution and hence requires a 3:1 majority.

Option 2 - All conflicting GR options require a Supermajority

We believe that any GR which has an option which overrides some or all
of a foundation document, even temporarily, implicitly modifies it to
contain this exception and thus requires a 3:1 majority

   - replace Constitution 4.1 point 5 with "Issue, supersede,
      withdraw, amend and add exceptions to nontechnical policy 
      documents and statements."
   - in Constitution 4.1 point 5 add point 4: "All GR options which 
      provide exceptions to a foundation document (temporary or
      permanent) implicitly modify the document to contain that
      exception and require a 3:1 majority"

This option amends the constitution and hence requires a 3:1 majority.

Option 4 - Balancing issues between users and freedom

We believe that there will be cases where the project must balance
between our priorities of our users and of Debian remaining 100% free.
Project decisions which make such a balance do not require a
Supermajority, but all others do

   - Add Social Contract 6:

   6. Works that our not 100% free but are required by our users.

   We acknowledge that there may be occasions where it is not possible
   to place the interests of our users first with purely free software.
   As such, we may on occasion provide software which does not meet our
   normal standards of freedom if it is necessary in the interests of
   our users. In all cases we will work towards a free system where such
   compromises are not necessary

   - replace Constitution 4.1 point 5 with "Issue, supersede,
      withdraw, amend and add exceptions to nontechnical policy 
      documents and statements."
   - in Constitution 4.1 point 5 add point 4: "All GR options which 
      provide exceptions to a foundation document (temporary or
      permanent) implicitly modify the document to contain that
      exception and require a 3:1 majority"

This option amends the constitution and social contract and hence
requires a 3:1 majority.

Option 5 - Temporary overrides without Supermajority

We believe that GRs may temporarily override foundation documents
without requiring a 3:1 majority. Resolutions which are in conflict with
a foundation document and make a permanent change must modify the
foundation document and require a 3:1 majority

   - replace Constitution 4.1 point 5 with "Issue, supersede,
      withdraw, amend and add exceptions to nontechnical policy 
      documents and statements."
   - in Constitution 4.1 point 5 add point 4: "All GR options which 
      provide permanent exceptions to a foundation document implicitly
      modify the document to contain that exception and require
      a 3:1 majority"
   - in Constitution 4.1 point 5 add point 5: "All GR options which 
      provide temporary exceptions to a foundation document only require
      a simple majority to pass.

This option amends the constitution and hence requires a 3:1 majority.

Option 6 - Votes may modify or be a position statement, but must be explicit

We believe that any vote which overrides a Foundation Document modifies
it to contain that exception and must explicitly say so in the proposal
before the vote proceeds.  Such overrides require a 3:1 majority.
 
A GR which explicitly states that it does not override a Foundation
Document but instead offers a project interpretation of that Foundation
Document does not modify the document and therefore only requires a
simple majority.  This is true even if the Secretary disagrees with the
interpretation.  However, such interpretations are not binding on the
project.
 
In the event that it's unclear whether a particular GR falls into the
first group or the second group, the vote should not proceed until this
has been clarified in the GR.
 
   - replace Constitution 4.1 point 5 with "Issue, supersede,
      withdraw, amend and add exceptions to nontechnical policy 
      documents and statements."
   - in Constitution 4.1 point 5 add point 4: "All GR options which 
      provide exceptions to a foundation document (temporary or
      permanent) implicitly modify the document to contain that
      exception and require a 3:1 majority"
   - in Constitution 4.1 add a point between 5 and 6, renumbering
     subsequent points:
     "Clarify and provide interpretations of Foundation Documents, such
     interpretations being non-binding."
   - in Constitution A.3 add point 5: "Options which the Secretary deems
      to in some way conflict with one of the Foundation Documents must
      either explicitly amend the Foundation Document (in which case
      they require a 3:1 majority) or they must explicitly say that this
      is an interpretation and they do not conflict. Any vote which
      contains an ambiguous option will not be run until it is clarified"

This option amends the constitution and hence requires a 3:1 majority.

0. http://lists.debian.org/debian-vote/2009/05/msg00003.html

Matt
-- 
Matthew Johnson

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