PROPOSITIONS FOR A LIBERTARIAN CONSTITUTION - Part A
by Kirk Brothers
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INTRODUCTION
Some time--just for the sake of a practical experiment in
the psychology of partisan (or party) politics--ask a few of your
best friends for their opinions on a simple, brief Constitutional
amendment, like this one:
The official language of the United States shall be
standard American English.
The above 12 words can (and do) provoke passionate argument
on totally irrelevant issues--perceived prejudice/discrimation,
for one--producing smoke but no fire, and resulting in utter lack
of either unity of opinion or decisive action. In a nutshell, as
soon as a man identifies himself with a political PARTY--NOT with
the good of the PEOPLE AS A WHOLE--his opinion on any question is
influenced less by the merits of a proposal than by its perceived
effects upon his special-interest group (party for short).
Imagine, then, what a storm of controversy would greet a
proposition for an entirely new Constitution intended to replace
the fictitious Constitution of 1787!
In THE REVOLUTIONARY RIGHT it was shown that our so-called
Constitution is nothing more than an historic scrap of paper--
only occasionally honored by a Court, and when upheld it is by
default rather than under any legal compulsion. For details,
please re-read, if necessary, the first three chapters entitled
SOCIAL SECURITY--OFFICIAL EXTORTION, ABUSE OF DISCRETION--INVI-
SIBLE TREASON, and THE TIME BOMB IN OUR CONSTITUTION. If the
salient points of those chapters are clear in your memory, let's
go on.
THE NEED FOR A CONSTITUTIONAL PLEBISCITE
In THE REVOLUTIONARY RIGHT, specifically in the chapters
sub-titled WHY AND HOW AMERICA MUST COLLAPSE, and AMERICA'S
HEALING CRISIS--KILL OR CURE?, it was shown that our present
regime is so corrupted by self-serving politicians who--due in
large part to routine abuse of discretion by Federal Judges--are
immune to peaceful redress of grievances for past abuses, that
our nation must suffer the ravages of bloody civil war in two or
three decades at the most.
It was also shown that the American people as a whole are
either too stupid, or too lazy, or both, to either learn from
history or to take any decisive action to bring about revision of
the 1787 Constitution through the clumsy and nearly-impossible
means deliberately mandated by that document.
Therefore, when the sinking ship of the American state can
no longer be kept afloat by short-term expediencies invented by
those in undeserved power, right-wing militias, and countless
other Americans belatedly awakening to the truth of Libertarian
principles, will see armed warfare as the only possible solution
to the crisis. The pen is mightier than the sword only when both
sides use pens.
I'll have further comment on this crisis period, and the
ensuing transition to law and order, in Part 3 of this chapter--
but for now prefer to move on to the more urgent problem of the
Constitutional plebiscite that must in due time come about.
When Americans as a whole accept the eternal truth that
power ALWAYS corrupts those who hold it, it follows that the
people will then see small government as a good servant, and big
government as the worst possible master.
To change our form of government from the disguised but real
tyranny of the present to an ideal form envisioned by some of our
patriot forebears (but not realized by them), it will be obvious
that a new Constitution is the one and only solution to prevent
future tragedies for future generations.
To choose a new Constitution will mandate a plebescite to
select from a number of conflicting documents which will be pro-
posed, all touted as the ideal new form for the supreme law of
the land. It is hoped that one option will be a Libertarian
Constitution--of which this is intended as a rough draft--and
that it will be approved by at least a plurality of the voters,
as being the best available choice.
ORGANIZATION OF THIS CHAPTER
Because of the length of my thesis, it has been divided into
three major subdivisions, as follow.
(1) A list of propositions for the various sections of a
Libertarian Constitution;
(2) A parallel section of comment and argument in defense of
each proposition--some very brief and some of necessity more
detailed; and,
(3) An examination of the crucial civil war and transition
period that must link the old with the new.
WHY "PROPOSITIONS" ONLY?
Because the 12 words of the above proposed amendment could
be debated for hours by glib shysters for purposes of barratry, I
shall not propose final language for an entire document, which is
presented here in outline form. Instead, I shall offer merely a
series of "topics" which outline essential premises, principles,
logic, and flow from one section to the other--as a skeletal
framework rather than a finished structure.
Because these topics are arranged in order of what seems to
me to be relative importance--from the highest priority to the
lowest--there may appear to be "jumps" in continuity, which will
make sense only when the entire outline is viewed in retrospect.
A certain amount of repetition of key points was found to be
necessary for both emphasis and clarity. It is hoped that the
reader will bear with me through the lengthy series of proposi-
tions--which of necessity will be highly controversial.
If and when a Constitutional plebiscite is called for, it is
inevitable that competing proposals will be presented by the
special-interest groups called political parties--all of which
must be vigorously rejected in order to eradicate the ROOT CAUSE
OF ALL GOVERNMENTAL CORRUPTION--which is party politics.
Instead, a Libertarian Constitution, transcending all party
loyalties in favor of eternal truths, must fight for acceptance
by those who in general are too stupid, or too lazy, or both, to
read history and/or understand what they are voting for.
It is my hope that these propositions will be most carefully
studied by young Americans--who have the greatest stake in the
future--and that the concepts and precepts stated here will be
widely recotnized as the one and only sound basis upon which any
future government of the United States may be established.
If this outline stimulates serious debate on its merits, it
shall have served its purpose--which is to get people thinking
about really important problems, and not the fictitious crises
manufactured by our bureaucrats for self-serving ends.
PART I - THE PROPOSITIONS
PROPOSITION ONE - STATEMENT OF ORIGINAL INTENT
a) We, the people of the United States, in order to correct
past abuses of power by previous legislative, executive and
judicial branches of government so as to corrupt the Constitution
of 1787 for selfish gain, do hereby declare this document to be
the one and only valid Constitution in and of the United States
of America.
b) This Constitution, when ratified by a plebiscite vote of at
least a plurality, shall take effect as written for as long as at
least forty-one percent (41%) of the people vote not to amend it
in any way. Each and every seven years thereafter, another pleb-
iscite shall be held to amend any provision(s) hereof in any
manner that at least sixty percent (60%) of the people shall
demand. If no amendments be approved by at least sixty percent
of the people, this Constitution, as then in effect, shall be
deemed ratified for the next seven years.
c) This Constitution is a contract among the people of the
United States collectively--by which document they agree to the
creation of a new and incorruptible government to replace the
old. Government is not a party to this contract, because it is
created only by statutes enacted pursuant to this contract. Thus
the people of the United States collectively, by ratifying this
Constitution and/or its amendments by plebiscite each seven
years, hold sovereign power, which government may not claim.
d) All prior Constitutions, including those of the several
states are hereby nullified. There shall be but one set of laws
binding upon all citizens is all states, and states shall share
powers which were formerly the exclusive domain of the Federal
government. No state shall secede from the United States, and
any declaration of secession by any state shall be deemed an act
of war against the United States and shall be punished as
treason.
e) Treason in other situations shall be defined as giving aid
and comfort to the enemy in time of war.
PROPOSITION TWO - LANGUAGE CONVENTIONS
a) The official language of the United States shall be standard
American English.
b) This Constitution, in its entirety, shall be the supreme law
of the nation.
c) This Constitution in its entirety, and all laws enacted
pursuant thereto, shall be strictly construed.
d) All words shall be used in their common meanings as defined
by Webster's and other dictionaries of comparable authority and
repute, and easily comprehended by laymen of normal intelligence.
e) The word "shall" in any proposition denotes a MANDATORY
provision, with which government MUST comply. The word "may" in
any proposition denotes that the provision is PERMISSIBLE, at the
discretion of government.
f) The phrase "in and of the United States" shall be construed
to mean government at the Federal level and at the lower level of
the several States.
PROPOSITION THREE - EXECUTIVE AND JUDICIAL IMMUNITY
a) Willful disregard of any provision of this Constitution by
any government official shall be grounds for civil suit by any
citizen seeking a Declaratory Judgment on a claim of abuse of
discretion, to be heard in a new Constitutional Court.
b) A claim of executive or judicial immunity shall not debar a
suit claiming abuse of discretion. A claim of judicial immunity
shall debar suits claiming only reversible error, and normal
appeals procedures shall apply in such cases.
c) Any official or judge found on trial to have abused his
discretion shall be forthwith removed from office, forfeit all
benefits, and be permanently disqualified from future public
office.
PROPOSITION FOUR - THE SOCIAL AND CONSTITUTIONAL CONTRACTS
a) Society cannot exist without law and order, which is the
first priority of government.
b) The social contract is unwritten, but established by long
tradition based upon natural law, including the right to life,
liberty, the pursuit of happiness, property, and due process as
established in Common Law.
c) Government is a coercive (police) force which by its mere
existence infringes some freedom of action by citizens. The
purpose of a Constitution is to define those areas in which
government may restrict some individual freedoms in order to
uphold the social contract without which no nation may survive.
d) This Constitution is a written contract by which the people
of the United States create a government and delegate some of
their natural and Common Law rights to elected and appointed
officials. Government officials thereby possess power within
carefully-written limits to perform only those tasks which the
institution of government can perform better than individuals
acting for self-serving (profit) motives.
PROPOSITION FIVE - POWERS DELEGATED TO GOVERNMENT BY THE PEOPLE
Government shall have power to enact laws which are both
necessary and proper to provide the following services for each
and every citizen equally and without prejudice:
a) National defense and disaster relief; the several states may
form regional associations for mutual aid and assistance in times
of disasters typical of their geographical area--such as floods,
hurricanes, or earthquakes.
b) Environmental protection, recycling and waste disposal, and
sanitation services.
c) Establishing and maintaining Courts of Common Law for civil
redress of actual injuries and punishing criminal offenses.
d) Establishing and maintaining essential police and fire-
fighting forces, prisons, and related services.
e) Establishing and maintaining institutions for the mentally
and/or physically handicapped.
f) Establishing and maintaining rural communes of agricultural
and/or other self-supporting nature for able-bodied persons who
are indigent and unemployed.
g) Establishing and maintaining public transit services, and
regulating corporations engaged in such commerce.
h) Establishing and enforcing standards for a new monetary
system which cannot be manipulated in any fashion; in addition
thereto, to provide for orderly conversion of all bank accounts
and all debts, public and private, from the old monetary system
to the new during the transition period, so as to maintain fiscal
integrity and solvency of financial institutions, and the credit
of the government.
i) Regulation of corporations--especially banks, insurance
companies and securities exchanges--to prevent fraud and other
crimes against consumers.
j) Creation of ombudsmen charged with investigating cases of
apparent child abuse by their parents, in which cases ombudsmen
shall act in loco parentis on behalf of an abused child against
his natural parents, and said child may become a ward of the
state, to be properly cared for in foster homes.
k) Government may establish a ghetto in any municipality,
perhaps contained within a solid wall, for the express purpose of
confining prostitution and other sex-related business activities
--which activities may be prohibited outside said ghetto on
grounds of public disorder/nuisance. Government may likewise
establish special beaches for nude swimming or sun-bathing, which
may be prohibited except in specially designated areas for thse
persons choosing a "naturist" life style.
k) The above provisions may be expanded at any time by the new
process of Constitutional Amendment by plebiscite at seven-year
intervals.
PROPOSITION SIX - SANCTIONS UPON GOVERNMENT
RELIGIOUS NEUTRALITY
a) The government of the United States of America shall be a
secular institution, which tolerates each and every religion
equally, but abets/endorses NO religion to any degree whatsoever
on any pretext whatsoever.
b) While the majority of Americans might adhere to Christian
or Jewish beliefs, the United States shall NOT be held to be a
Christian or Jewish nation, and the Bible shall be of no legal
interest. Neither the Bible nor the word "God" shall be used in
any legal ritual, nor shall "God" appear in any statute, anthem,
motto, or other quasi-official utterance, in any manner which
comprises a tacit endorsement of monotheism.
c) Religious motives shall receive no preferential treatment in
law, nor shall members of any clergy have any privileged status.
Because moral beliefs are part of one's religious beliefs, moral
standards may not be legislated. Government shall establish no
standard for orthodox behavior nor prosecute unorthodox behavior,
unless the behavior of any citizen either causes actual injury to
the rights of another citizen, or is shown beyond reasonable
doubt to have comprised an actual public disorder/nuisance.
d) Because the United States of America shall be absolutely
secular, no symbol of the United States--including its flag--
shall be deemed or implied to be "sacred" and therefore to be
"protected" from "desecration" by acts clearly intended to
express political dissent. Actions popularly described as
"disrespect to" or "desecration of" the flag shall not be
actionable offenses, despite the arguable poor taste of such
expression of dissent.
BALANCED BUDGET
a) Except in time of war, the government of the United States
and the several states shall operate within the limits of funds
on hand. Government, at any level, shall not guarantee payment
of any debts except its own.
b) Each and every spending bill shall be based upon precise and
conservative calculations and projections of the long-term costs
and potential problems of any such program, and never upon merely
the short-term apparent benefits.
c) The national debt shall be converted from the old monetary
system to the new as soon as possible, and the first financial
obligation of government shall be to retire and eliminate all
debt within a period of fifty (50) years. To this end the
Secretary of the Treasury shall show once each fiscal year that,
first, the interest on the debt was paid and, second, that at
least two percent (2%) of the principal retired. This mandate
may be abrogated only in the event of war.
TAXING POWERS
a) The Federal government of the United States may levy a tax
on personal income not to exceed ten percent (10%) on individuals
or fifteen percent (15%) on corporations.
b) State government may levy a tax on real estate and retail
sales within its jurisdiction, and may also sponsor one or more
lottery games to benefit specific government programs.
SOCIAL WELFARE
a) Government, being essentially a police force concerned with
maintaining law and order by enforcement of civil and criminal
laws, shall have narrow and precise legal interest in problems of
a social nature.
b) To encourage individual savings for old age, the present IRA
and Keogh pension plans shall be continued.
c) Because of its power to provide disaster relief, government
may assist the indigent by such means as mobile kitchens serving
simple but nutritious meals to any citizen who seeks it, and
cater such meals to the elderly and home-bound. Needy families
having their own homes may receive rations of groceries and
clothing, but in no case shall assistance be provided in the form
of a government check. With the exception of humanitarian aid in
urgent cases, government shall have no legal interest in the
economic welfare of any citizen, save matters relevant to any
bankruptcy proceeding.
EDUCATION AND HEALTH CARE
a) Government shall have no legal interest in either the health
care or education of citizens, such matters being within the
purview of individual responsibility, including the freedom to
choose alternative health care methods and alternative education,
and/or voluntary social group activity.
b) Government may continue to require safe working conditions,
especially in jobs involving hazardous materials, and continue
its regulation of sanitary conditions, especially in the food
industries.
c) Government may, through the National Centers for Disease
Control, inform the people and medical professions as to current
epidemic or other serious diseases, and may recommend--but shall
not dictate--any particular treatment for same.
SEXUAL PRIVACY
a) Government shall have no legal interest in any sexual acts
of any consenting adults in private.
b) A person shall be deemed a sexual adult when he/she has
passed through the changes of puberty, and is capable of sexual
relationships and desire.
THE BILL OF COMMON LAW RIGHTS
a) Since the Virginia Enactment of 1776, Common Law has been
the legal philosophy in and of the United States. This document
does not supplant Common Law, but embodies it.
b) The first purpose of government is to protect the natural
and Common Law rights of each and every citizen.
c) Each and every citizen shall be deemed absolutely equal in
rights to each and every other citizen, group or association.
d) This bill of rights does not create rights, but acknowledges
and guarantees each and every natural and common law right which
has pre-existed for centuries under English Common Law.
e) Natural and common law rights shall in each and every case
be construed as intentionally broad and general--not as vague or
imprecise.
f) There are two pre-eminent rights which imply all others, and
these two rights shall be vigorously protected from infringement.
These pre-eminent rights are (1) the right of self-determination
in each and every decision; and (2) the right to be left alone,
free from government intrusion, except if a citizen's action or
negligence has caused actual injury to some other citizen, or
comprises an actual public nuisance/disorder.
g) No right shall be abridged by government either on grounds
of poor taste, or on the pretext of protecting any mentally-
competent citizen from some hypothetic harm that might befall
himself in consequence of his own errors. Nor may incompetence
be legally presumed except in the case of an infant or one shown
to be mentally defective.
SPECIFIC RIGHTS
a) Each and every citizen shall be entitled to free practice of
his religious/moral beliefs, and free expression in speech, the
press, and/or any artistic medium.
b) Each and every citizen shall be entitled to possess and bear
arms for self-defense.
c) Each and every citizen shall be entitled to security in his
person, home, papers or effects, including any vehicle, against
unreasonable searches and seizures. No warrant shall be issued
except on probable cause, supported by affirmation which particu-
larly describes the place to be searched and the persons/things
to be seized. Property so seized shall not be disposed of by
government except after the conviction of the original owner of a
felony, and only to the degree that a felon may be deprived of
felonious gain or subject to punitive damages as prescribed by
law.
d) Within one year of the ratification of this Constitution,
there shall be one uniform criminal code and one uniform set of
procedural rules governing trials in each and every court in an
of the United States. Within two years of the ratification of
this document, there shall be one uniform civil code for trial
of torts and other civil injuries. During the transition period
to the new statutes, previous rules and statutes unchallenged by
this Constitution may be followed, but in each and every case the
rules of Common Law shall prevail over statutory law in event of
conflict.
e) No person shall be held to answer for a crime unless on
presentment or indictment by a Grand Jury, except in cases
involving military personnel. No person shall be in jeopardy
twice for the same offense. No person shall be compelled in a
criminal case to be a witness against himself. Private property
shall not be taken for public use without just compensation.
No person shall be deprived of life, liberty or property without
due process of law, as established in the Common Law tradition.
Specifically, the Common Law rule of corpus delicti shall be
rigidly upheld; no prosecution for crime shall fail to prove
beyond reasonable doubt that an actual injury to some person's
rights has occurred as the result of a criminal act, and the
fact that a statute may have been violated shall not comprise
the legal element of injury.
f) In all criminal prosecutions, the accused shall have the
right to a speedy and public trial by an impartial jury. The
accused shall be informed of the nature and cause of the
accusation, and shall be confronted with the witnesses against
him. The accused shall have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel
for his defense.
g) In cases of Common Law, no fact tried by a jury shall be
re-examined by any Court except as provided for in Common Law.
h) Excessive bail shall not be required nor excessive fines
imposed, excepting that bail may be denied a person accused of
an atrocious crime.
i) Cruel and unusual punishments shall not be inflicted, but
capital punishment per se shall not be deemed either cruel or
unusual, if it be uniformly applied in cases of similar crimes.
Safe and moderate corporal punishment shall not be deemed either
cruel or unusual, and may be deemed proper discipline in schools,
the armed forces, penal institutions, and may be imposed by
criminal courts in cases of physical violence by a criminal
against a victim, or malicious vandalism of property. Medical
sterilization of genetically-defective persons, habitual violent
criminals, or unfit parents who abuse their children shall not be
deemed cruel or unusual punishment. Castration of violent sexual
criminals shall not be deemed cruel or unusual punishment.
j) Though other rights are not specified herein, this Bill of
Rights shall be deemed to include each and every other Common Law
right as recorded in Blackstone's Commentaries and other equally
authoritative writings on English Common Law.
PROPOSITION SIX - DIVISION OF GOVERNMENTAL POWERS
a) The powers of government are comprised of legislative power,
executive power and judicial power. Each of these powers shall
be assigned to a separate branch of government, each of which is
charged with upholding this Constitution and thereby act as a
check on abuse by either of the other two branches. In addition,
citizens may assume an adversary role against government in cases
of alleged abuse of discretion.
b) Legislative power shall be divided among the several states
in a manner to be described below.
c) Executive power shall be vested in a President, Vice-
President, a cabinet, and enforcement agencies to be primarily
located in Washington, D.C.
d) Judicial power shall be vested in the Courts, which shall be
divided into District Courts, Circuit Courts of Appeals, the
Supreme Court of the United States, and a separate Constitutional
Court which shall hear by original jurisdiction all cases which
question either abuse of discretion, or Constitutionality of
statute.
e) All elected officials shall run as independent candidates,
representing all the people as a whole, and shall not be members
of any political party. Political parties shall not nominate a
slate of candidates, but may endorse any candidate for any public
office in any district, and function as a political action and
public education organization.
THE EXECUTIVE BRANCH
a) The President shall serve as the Chief Executive Officer of
the United States, and the Commander in Chief of the Armed Forces
in keeping with our tradition of civilian control of the military
establishment. As Commander in Chief the President may ask the
Senate to declare war, in which event a majority vote by the
Senate shall suffice instead of the usual 60% required to enact
a law. The President shall appoint a cabinet with the advice and
consent of the Senate, and shall in addition appoint Judges to
the Federal Courts with the advice and consent of the Senate.
The Vice President shall serve ex officio as President of the
Senate.
b) Candidates for President, Vice President, and the cabinet
shall be native born, at least forty years of age, of good
character, with an intelligence of not less than 130 IQ.
c) All officers and employees of the Executive Branch shall be
paid a salary from time to time as shall be established by the
United States Senate.
d) The President and Vice President shall serve not less than
one year and a day, and/or as long as they retain the confidence
of the Senate. Should the Senate, by a vote of sixty percent
(60%) vote No Confidence in the President and Vice President,
said President/Vice President shall step down and a new election
held within 30 days. The President/Vice President may seek re-
election. During the 30 days prior to the election, the present
order of successiong to the Presidency shall be retained.
THE JUDICIAL BRANCH
a) Judges appointed by the President with the advice and
consent of the Senate shall serve during good behavior, and shall
have judicial immunity against a suit for reversible error, in
which cases normal appeals procedures will apply. Candidates for
a judicial seat shall demonstrate superior scholarship in matters
of natural and common law, and the history and philosophy of
jurisprudence. All judges shall have an intelligence of not less
than 130 IQ. Judges shall have no immunity against a suit for
abuse of discretion, which shall be heard by the Constitutional
Court.
b) The Senate shall enact legislation to create any new Courts
necessary, pursuant to the intent of this Constitution.
c) All Judges and other employees of the Judicial Bransh chall
be paid a salary from time to time as established by the United
States Senate.
THE LEGISLATIVE BRANCH
a) Legislation shall be initiated in the several states--each
of which shall have a Governor, a Lieutenant Governor, and a uni-
cameral legislature--all of whom are elected by direct popular
vote on a nationwide uniform proportional basis. Governors may
have a cabinet as provided for by the legislature of that state.
b) Candidates for Governor, Lieutenant Governor, and the state
legislatures shall be of good character, have an intelligence of
not less than 130 IQ, be at least 30 years of age, and have no
affiliations with any political party.
c) The Governor and Lieutenant Governor shall serve not less
than one year and a day, and thereafter as long as they retain
the confidence of 60% of their state legislature. A vote of no
confidence by 60% of the legislature shall force the Governor and
Lieutenant Governor to step down, and a new election held within
30 days. The Governor and Lieutenant Governor may be candidates
for re-election.
d) All officers, legislators and state employees shall be paid
a salary from time to time as established by each state's
legislature.
e) Members of the state legislature will be divided into seven
groups. Upon ratification of this Constitution, the first group
shall be elected for one year, the second group for two years,
and so on. Upon the completion of their first terms, legislators
shall be elected for seven years uniformly, so that one-seventh
of the body is re-elected each year. State legislators may serve
two full succsssive terms, after which they shall step down for
at least one year. They may seek re-election to the legislature
after they have been out of public office for not less than one
year.
f) The legislature of any state may draft a bill for submission
to the United States Senate for a vote to approve or disapprove.
g) The Lieutenant Governor of each state shall ex officio serve
as United States Senator. Compensation shall be legislated by
the Senator's home state, and paid from state funds.
h) The U.S. Senate shall convene in Washington, D.C. for the
purpose of debating proposed legislation, and negotiating any
compromises necessary. Each Senator shall have power to make
such compromises in the name of his/her state, and each Senator
shall have one (1) vote.
i) A bill shall become law if sixty percent (60%) of the U.S.
Senate concur with the final compromise version.
j) The President shall have no veto power.
k) Bills affecting only one or a regional group of states shall
become law within such limited jurisdiction if approved by the
legislatures of all states involved, providing that any such bill
may be challenged in the Constitutional Court by any citizen who
questions the Constitutionality of said bill.
PROPOSITION SEVEN - ELECTION PROCEDURES
a) Any citizen at least 18 years of age, having an intelligence
of not less than 100 IQ, shall be qualified to vote in any or all
elections, except when incarcerated in a penal institution or
confined in a mental hospital.
b) Any citizen may join any political party for the purpose of
advocating legislation, and educating the general public to the
alleged merits of such legislation, and parties may endorse any
candidates they choose from the slate of candidates for any
elected office.
c) Candidates for each and every public office shall be chosen
by direct popular vote. In the event that no candidate attains
more than fifty percent (50%) of the popular vote, a run-off
election shall be held between the two candidates having the
greatest plurality, provided that multiple candidates do not
score within the same two percent (2%) of the vote cast. If
three or more candidates score pluralities within two percent of
each other, all such candidates shall be included in the run-off
election.
(TO BE CONCLUDED)