Electoral Administration Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 6 — Conduct of elections etc.
45

(4)
In section 5 of the Representation of the People Act 1985 (c. 50) (absent voting
in Northern Ireland) after subsection (5A) insert—
“(5B)
Subsection (2) above does not prevent a person, at the polling station
allotted to him, marking a tendered ballot paper in pursuance of rule
40(1ZC) or (1ZE) of the parliamentary elections rules.”
5
(5)
In section 9 of that Act (voting as proxy in Northern Ireland) after subsection
(11) insert—
“(11A)
Subsection (2) above does not prevent a person, at the polling station
allotted to him, marking a tendered ballot paper in pursuance of rule
40(1ZC) or (1ZE) of the parliamentary elections rules.”
10
(6)
In Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting
in Great Britain)—
(a)
in paragraph 2 (manner of voting at parliamentary or local government
elections) after sub-paragraph (6) insert—
   “(6A)
Sub-paragraph (2) above does not prevent a person, at the
15
polling station allotted to him, marking a tendered ballot
paper in pursuance of rule 40(1ZC) or (1ZE) of the
parliamentary elections rules.”;
(b)
in paragraph 7 (voting as proxy) after sub-paragraph (9) insert—
   “(10)
Sub-paragraph (2) above does not prevent a person, at the
20
polling station allotted to him, marking a tendered ballot
paper in pursuance of rule 40(1ZC) or (1ZE) of the
parliamentary elections rules.”
Offences related to voting
37
Undue influence
25
(1)
In section 115 of the 1983 Act (offence of undue influence), in subsection
(2)(b)—
(a)
after “prevents” insert “, or intends to impede or prevent,”;
(b)
after “prevails upon” insert “, or intends so to compel, induce or prevail
upon,”.
30
(2)
This section does not have effect in relation to a local government election in
Scotland.
38
Offences relating to applications for postal and proxy votes
After section 62 of the 1983 Act (offences as to declarations) insert—
“62A
Offences relating to applications for postal and proxy votes
35
(1)
A person commits an offence if he—
(a)
engages in an act specified in subsection (2) at a parliamentary
or local government election, and
(b)
intends, by doing so, to deprive another of an opportunity to
vote or to make for himself or another a gain of a vote to which
40
he or the other is not otherwise entitled or a gain of money or
property.

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Part 6 — Conduct of elections etc.
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(2)
These are the acts—
(a)
applying for a postal or proxy vote as some other person
(whether that other person is living or dead or is a fictitious
person);
(b)
otherwise making a false statement in, or in connection with, an
5
application for a postal or proxy vote;
(c)
inducing the registration officer or returning officer to send a
postal ballot paper or any communication relating to a postal or
proxy vote to an address which has not been agreed to by the
person entitled to the vote;
10
(d)
causing a communication relating to a postal or proxy vote or
containing a postal ballot paper not to be delivered to the
intended recipient.
(3)
In subsection (1)(b), property includes any description of property.
(4)
In subsection (2) a reference to a postal vote or a postal ballot paper
15
includes a reference to a postal proxy vote or a postal proxy ballot
paper (as the case may be).
(5)
A person who commits an offence under subsection (1) or who aids,
abets, counsels or procures the commission of such an offence is guilty
of a corrupt practice.
20
(6)
This section does not apply to anything done at a local government
election in Scotland.”
Access to election documents
39
Control of documents after parliamentary election
(1)
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended in
25
accordance with subsections (2) to (7).
(2)
In the heading to rule 55 (delivery of documents after poll) for “Clerk of the
Crown” substitute “registration officer”.
(3)
In that rule—
(a)
in paragraph (1) for “Clerk of the Crown” substitute “relevant
30
registration officer”;
(b)
after paragraph (1) insert—
   “(1A)
In this rule and in rules 56 and 57 references to the relevant
registration officer are to—
(a)
the registration officer of the local authority in whose
35
area the constituency is situated, or
(b)
if the constituency comprises any part of the area of
more than one local authority, the registration officer
of the local authority in whose area the greater or
greatest (as the case may be) number of electors is
40
registered.”;
(c)
omit paragraphs (2) to (4).
(4)
In rule 56 (orders for production of documents)—

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Part 6 — Conduct of elections etc.
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(a)
in each of paragraphs (1), (6) and (8) for “Clerk of the Crown” substitute
“relevant registration officer”;
(b)
in paragraph (2) for “Clerk of the Crown’s” substitute “relevant
registration officer’s”;
(5)
In rule 57 (retention and public inspection of documents)—
5
(a)
in paragraph (1) for “Clerk of the Crown” substitute “relevant
registration officer”;
(b)
for paragraph (3) substitute—
    “(3)
The relevant registration officer or the Chief Electoral Officer
for Northern Ireland (as the case may be) must, on request,
10
supply to any person copies of or extracts from such
description of the documents open to public inspection as is
prescribed by regulations.”;
(c)
after paragraph (3) insert—
    “(4)
Each of the following must, on request, be supplied with a
15
copy of the marked copies of the register, the postal voters
list, the list of proxies and the proxy postal voters list—
(a)
a registered party within the meaning of Part 2 of the
Political Parties, Elections and Referendums Act 2000;
(b)
a person who was a candidate at the election in
20
relation to the constituency for which he was a
candidate.
      (5)
Regulations may impose conditions in relation to—
(a)
the inspection of any document in pursuance of
paragraph (2);
25
(b)
the supply of any document or part of a document in
pursuance of paragraph (3);
(c)
the supply of any document or part of a document in
pursuance of paragraph (4).
      (6)
Regulations may also make provision—
30
(a)
as to the form in which any such document or part is
supplied;
(b)
for the payment of a fee in respect of the supply of a
document or part.
      (7)
Conditions which may be imposed for the purposes of
35
paragraph (5)(a) or (b) include conditions as to—
(a)
whether a person may take any copy of a document
he is permitted to inspect;
(b)
the manner in which any such copy is to be taken;
(c)
the purposes for which information contained in any
40
document or part of a document which is inspected or
supplied in pursuance of paragraph (2) or (3) may be
used.
      (8)
Conditions which may be imposed for the purposes of
paragraph (5)(b) or (c) include conditions as to the extent to
45
which a person to whom a document or part of a document
has been supplied may—
(a)
supply that document or part to any other person;

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Part 6 — Conduct of elections etc.
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(b)
disclose to any other person any information
contained in the document or part;
(c)
use any such information for a purpose other than
that for which the document or part was supplied to
him.
5
      (9)
Regulations may also impose conditions corresponding to
those mentioned in paragraph (8) in respect of persons who
have obtained a document or part of a document mentioned
in paragraph (4)—
(a)
which was supplied to another person in pursuance
10
of paragraph (4), or
(b)
otherwise than in accordance with regulations under
this section.”
(6)
For rule 58 (documents in Scotland) substitute—
“58   (1)
In the application of rules 55 to 57 to elections in Scotland, the
15
references to the relevant registration officer shall be taken to be
references to the relevant sheriff clerk.
      (2)
For the purposes of rule 55 as it applies to elections in Scotland—
(a)
the documents to be forwarded in accordance with that rule
may be forwarded by being—
20
(i)
delivered to the relevant sheriff clerk by the returning
officer or his agent, or
(ii)
sent to the relevant sheriff clerk by recorded delivery
post,
(b)
on forwarding the documents, the returning officer must
25
deliver or send to the relevant sheriff clerk along with the
documents a letter specifying the number and descriptions of
the documents forwarded, and
(c)
where the documents are forwarded by delivery under sub-
paragraph (a)(i) above, the relevant sheriff clerk must, on
30
receipt of the documents, provide the person delivering them
with a signed receipt showing the date and time of receipt.
      (3)
In this rule, “relevant sheriff clerk” means—
(a)
the sheriff clerk of the sheriff court district in which the
constituency is situated, or
35
(b)
if the constituency comprises any part of the area of more
than one sheriff court district, the sheriff clerk of such one of
those districts as the Secretary of State may by order
appoint.”
(7)
For rule 59 (documents in Northern Ireland) substitute—
40
“59
In the application of rules 55 to 57 to elections for a constituency in
Northern Ireland, the references to the relevant registration officer
shall be taken to be references to the Clerk of the Crown for Northern
Ireland.”
(8)
In section 63 of that Act (breach of official duty), in subsection (3)(c) after
45
“responsible after a” insert “parliamentary or”.

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(9)
After section 66A of that Act (prohibition on publication of exit polls) insert—
“66B
Failure to comply with conditions relating to supply etc. of certain
documents
(1)
A person is guilty of an offence—
(a)
if he fails to comply with any conditions imposed in pursuance
5
of regulations under rule 57 of the parliamentary elections
rules, or
(b)
if he is an appropriate supervisor of a person (P) who fails to
comply with such a condition and he failed to take appropriate
steps.
10
(2)
P is not guilty of an offence under subsection (1) if—
(a)
he has an appropriate supervisor, and
(b)
he has complied with all the requirements imposed on him by
his appropriate supervisor.
(3)
A person who is not P or an appropriate supervisor is not guilty of an
15
offence under subsection (1) if he takes all reasonable steps to ensure
that he complies with the conditions.
(4)
In subsections (1)(b) and (2)—
(a)
an appropriate supervisor is a person who is a director of a
company or concerned in the management of an organisation in
20
which P is employed or under whose direction or control P is;
(b)
appropriate steps are such steps as it was reasonable for the
appropriate supervisor to take to secure the operation of
procedures designed to prevent, so far as reasonably
practicable, the occurrence of a failure to comply with the
25
conditions.
(5)
A person guilty of an offence as mentioned in subsection (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard
scale.”
40
Access to other election documents
30
(1)
The relevant officer must—
(a)
make relevant election documents available for inspection by members
of the public;
(b)
supply, on request, copies of or extracts from such description of
relevant election documents as is prescribed by regulations.
35
(2)
In the case of an election other than a parliamentary election, a local
government election in Scotland or a local election in Northern Ireland, each of
the following must, on request, be supplied with a copy of the marked copies
of the register, the postal voters list, the list of proxies and the proxy postal
voters list—
40
(a)
a registered party;
(b)
a person who was a candidate at the election in relation to the electoral
area for which he was a candidate;
(c)
in the case of an election at which a registered party submits a list of
candidates, a person who was appointed as an agent for the candidates
45
on the party’s list.

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(3)
The Secretary of State may by regulations impose conditions in relation to—
(a)
the inspection of any document in pursuance of subsection (1)(a);
(b)
the supply of any document or part of a document in pursuance of
subsection (1)(b);
(c)
the supply of any document or part of a document in pursuance of
5
subsection (2).
(4)
Regulations may also make provision—
(a)
as to the form in which any such document or part is supplied;
(b)
for the payment of a fee in respect of the supply of a document or part.
(5)
Conditions which may be imposed for the purposes of subsection (3)(a) or (b)
10
include conditions as to—
(a)
whether a person may take any copy of a document he is permitted to
inspect;
(b)
the manner in which any such copy is to be taken;
(c)
the purposes for which information contained in any document or part
15
of a document which is inspected or supplied in pursuance of
subsection (1) may be used.
(6)
Conditions which may be imposed for the purposes of subsection (3)(b) or (c)
include conditions as to the extent to which a person to whom a document or
part of a document has been supplied may—
20
(a)
supply that document or part to any other person;
(b)
disclose to any other person any information contained in the
document or part;
(c)
use any such information for a purpose other than that for which the
document or part was supplied to him.
25
(7)
Regulations may also impose conditions corresponding to those mentioned in
subsection (6) in respect of persons who have obtained a document or part of a
document mentioned in subsection (2)—
(a)
which was supplied to another person in pursuance of subsection (2),
or
30
(b)
otherwise than in accordance with regulations under this section.
(8)
The power to make regulations under this section—
(a)
is exercisable by the Secretary of State by statutory instrument;
(b)
includes power to make different provision for different purposes.
(9)
The Secretary of State must not make regulations under this section unless he
35
first consults the Electoral Commission.
(10)
No regulations may be made under this section unless a draft of the statutory
instrument containing the regulations has been laid before, and approved by
resolution of, each House of Parliament.
41
Access to other election documents: contravention of regulations
40
(1)
A person is guilty of an offence—
(a)
if he fails to comply with any conditions imposed in pursuance of
regulations under section 40, or
(b)
if he is an appropriate supervisor of a person (P) who fails to comply
with such a condition and he failed to take appropriate steps.
45

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(2)
P is not guilty of an offence under subsection (1) if—
(a)
he has an appropriate supervisor, and
(b)
he has complied with all the requirements imposed on him by his
appropriate supervisor.
(3)
A person who is not P or an appropriate supervisor is not guilty of an offence
5
under subsection (1) if he takes all reasonable steps to ensure that he complies
with the conditions.
(4)
In subsections (1)(b) and (2)—
(a)
an appropriate supervisor is a person who is a director of a company or
concerned in the management of an organisation in which P is
10
employed or under whose direction or control P is;
(b)
appropriate steps are such steps as it was reasonable for the
appropriate supervisor to take to secure the operation of procedures
designed to prevent, so far as reasonably practicable, the occurrence of
a failure to comply with the conditions.
15
(5)
A person guilty of an offence as mentioned in subsection (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
42
Access to other election documents: supplementary
(1)
This section applies for the purposes of section 40.
(2)
The relevant officer is—
20
(a)
in England and Wales, the relevant registration officer;
(b)
in Scotland, the relevant sheriff clerk;
(c)
in Northern Ireland, the Chief Electoral Officer for Northern Ireland.
(3)
The relevant registration officer is—
(a)
the registration officer of the local authority in whose area the election
25
is held, or
(b)
if the election is held in respect of an electoral area which comprises any
part of the area of more than one local authority, such registration
officer as the Secretary of State by order appoints.
(4)
The relevant sheriff clerk is—
30
(a)
the sheriff clerk of the sheriff court district in which the election is held,
or
(b)
if the election is held in respect of an electoral area which comprises any
part of the area of more than one sheriff court district, the sheriff clerk
of such of those districts as the Secretary of State by order appoints.
35
(5)
The relevant election documents are such documents relating to an election
(other than a parliamentary election, a local government election in Scotland or
a local election in Northern Ireland) as the relevant officer is required by or
under any enactment to retain for any period except—
(a)
ballot papers;
40
(b)
completed corresponding number lists;
(c)
certificates as to employment on the day of the election;
(d)
the list kept under section 13E(8) of the 1983 Act (personal identifier
information).