wh500811.116-121

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 8th November 2005
116

Electoral Administration Bill, continued

Mr Oliver Heald

Mr Jonathan Djanogly

Mrs Eleanor Laing

Mr Henry Bellingham

Mr David Burrowes

Not called  24

Clause  16,  page  16,  line  9,  at end insert—

‘(9)
In section 10 of the Representation of the People Act 2000 (Pilot schemes for

local elections in England and Wales), after subsection (1), insert—

“(1A)
No order is to be made containing provisions authorised by any section

of this clause unless a draft of the order has been laid before Parliament

and approved by a resolution of each House.”.

(10)
In section 11 of the Representation of the People Act 2000 (Revision of

procedures in the light of pilot schemes), after subsection (1), insert—

“(1A)
No order is to be made containing provisions authorised by any section

of this clause unless a draft of the order has been laid before Parliament

and approved by a resolution of each House.”.’.

Clause Agreed to.

Clause 17 Agreed to.

Mr Oliver Heald

Mr Jonathan Djanogly

Mrs Eleanor Laing

Mr Henry Bellingham

Mr David Burrowes

Withdrawn  25

Clause  18,  page  17,  line  15,  after ‘electors’, insert ‘knowingly’.

Mr Oliver Heald

Mr Jonathan Djanogly

Mrs Eleanor Laing

Mr Henry Bellingham

Mr David Burrowes

Not called  26

Clause  18,  page  17,  line  18,  after ‘who’, insert ‘knowingly’.

Clause Agreed to.

New Clause Relating to Part 3

Personal identifiers: supplemental provisions

Chris Ruane

Not called  nc5

To move the following Clause:—

Committee of the whole House Proceedings: 8th November 2005
117

Electoral Administration Bill, continued

‘Sections 13 and 14 shall not be brought into force otherwise than for the

purposes of an order made under section 15.’.

New Clause Relating to the procedure to be followed at an election on

the death of a candidate

Death of candidate

Sir Patrick Cormack

Sir Menzies Campbell

Mr John Denham

Mrs Gwyneth Dunwoody

Chris Grayling

Sir George Young

Mr Oliver Heald                  Mr Jonathan Djanogly
Mrs Eleanor Laing

Mr Henry Bellingham
Mr David Burrowes

Added  NC3

To move the following Clause:—

‘In Schedule 1 to the 1983 Act (parliamentary elections rules) for rule 60

(countermand or abandonment of poll on death of candidate) and the cross-

heading preceding it substitute—

“Independent candidate

60  (1)
This rule applies if at a contested election proof is given to the

returning officer’s satisfaction before the result of the election is

declared that one of the persons named or to be named in the ballot

papers as an independent candidate has died.

      (2)
Subject to this rule and rules 61 and 62, these rules apply to the

election as if the candidate had not died.

      (3)
The following provisions of these rules do not apply in relation to the

deceased candidate—

(a)
rule 32(1)(c) and (d) (admission to polling station);

(b)
rule 44(2)(b) to (d) (attendance at count);

(c)
rule 53(4) (forfeiture of deposit).

      (4)
If only two persons are shown as standing nominated in the statement

of persons nominated the returning officer must—

(a)
if polling has not begun, countermand the notice of poll;

(b)
if polling has begun, direct that the poll is abandoned;

(c)
subject to rule 65, treat the election as an uncontested election.

      (5)
For the purposes of this rule a person is named or to be named on the

ballot papers as an independent candidate if the description (if any) on

his nomination paper is not authorised as mentioned in rule 6A(1) or

(1B).

Committee of the whole House Proceedings: 8th November 2005
118

Electoral Administration Bill, continued

Deceased independent candidate wins

61  (1)
This rule applies if at an election mentioned in rule 60(1) the majority

of votes is given to the deceased candidate.

      (2)
Rule 50(1) (declaration of result) does not apply but the returning

officer must—

(a)
declare that the majority of votes has been given to the

deceased candidate,

(b)
declare that no member is returned, and

(c)
give public notice of the total number of votes given for each

candidate together with the number of rejected ballot papers

under each head shown in the statement of rejected ballot

papers.

      (3)
Rule 53 (return or forfeiture of candidate’s deposit) does not apply in

relation to the remaining candidates.

      (4)
The returning officer must not return the writ and the proceedings with

reference to the election must be commenced afresh subject to the

following provisions of this rule.

      (5)
The writ for the election must be taken to have been received on the

first working day after the end of the period of seven days starting on

the day of the election mentioned in rule 60(1).

      (6)
No fresh nomination is necessary in the case of a person shown in the

statement of persons nominated as standing nominated, and no other

nomination may be made.

      (7)
The last day on which a notice of withdrawal of candidature by a

person who stands nominated by virtue of paragraph (6) may be

delivered is the seventh working day after the day on which the writ is

taken to be received.

      (8)
Rule 9 (deposit) does not apply.

      (9)
The poll must be held on a day in the period which starts 15 working

days after the day on which the writ is taken to have been received and

ends 19 working days after that day.

    (10)
For the purposes of this rule a working day is a day which is not a day

specified in rule 2(1)(a) to (c).

Deceased independent candidate with equality of votes

62
In an election mentioned in rule 60(1), if—

(a)
rule 49 applies (equality of votes), and

(b)
any of the candidates to whom that rule applies is a deceased

candidate,


the deceased candidate must be ignored.

Party candidate

63  (1)
This rule applies if—

(a)
at a contested election proof is given to the returning officer’s

satisfaction before the result of the election is declared that

Committee of the whole House Proceedings: 8th November 2005
119

Electoral Administration Bill, continued

one of the persons named or to be named as a candidate in the

ballot paper has died, and

(b)
that person is standing in the name of a registered political

party.

      (2)
The returning officer must—

(a)
countermand notice of the poll, or

(b)
if polling has begun, direct that the poll be abandoned.

      (3)
The proceedings with reference to the election must be commenced

afresh subject to the following provisions of this rule.

      (4)
The writ for the election must be taken to have been received on the

first working day after the end of the period of seven days starting on

the day the proof is given to the returning officer.

      (5)
No fresh nomination is necessary in the case of a person shown in the

statement of persons nominated as standing nominated.

      (6)
No other nomination may be made except for a person standing in the

name of the same registered political party in whose name the

deceased candidate was standing.

      (7)
The last day on which a nomination mentioned in paragraph (6) may

be delivered is the seventh working day after the day on which the writ

is taken to be received.

      (8)
The last day on which a notice of withdrawal of candidature by a

person who stands nominated by virtue of paragraph (5) or in

pursuance of paragraph (6) may be delivered is the seventh working

day after the day on which the writ is taken to be received.

      (9)
The poll must be held on a day in the period which starts 15 working

days after the day on which the writ is taken to have been received and

ends 19 working days after that day.

    (10)
For the purposes of this rule—

(a)
a person stands in the name of a registered political party if his

nomination paper contains a description which is authorised

as mentioned in rule 6A(1) or (1B);

(b)
a registered political party is a party which is registered under

Part 2 of the Political Parties, Elections and Referendums Act

2000;

(c)
a working day is a day which is not a day specified in rule

2(1)(a) to (c).

Speaker of the House of Commons seeking re-election

64  (1)
This rule applies if at a contested election—

(a)
one of the candidates is the Speaker of the House of Commons

seeking re-election, and

(b)
proof is given to the returning officer’s satisfaction before the

result of the election is declared that that candidate has died.

      (2)
The returning officer must—

(a)
countermand notice of the poll, or

(b)
if polling has begun, direct that the poll be abandoned.

Committee of the whole House Proceedings: 8th November 2005
120

Electoral Administration Bill, continued

      (3)
The proceedings with reference to the election must be commenced

afresh subject to the following provisions of this rule.

      (4)
The writ for the election must be taken to have been received on the

first working day after the end of the period of seven days starting on

the day the proof is given to the returning officer.

      (5)
The last day on which—

(a)
nominations, or

(b)
notice of withdrawal of candidature,


may be delivered is the seventh working day after the day on which the

writ is taken to be received.

      (6)
The poll must be held on a day in the period which starts 15 working

days after the day on which the writ is taken to have been received and

ends 19 working days after that day.

      (7)
For the purposes of this rule a working day is a day which is not a day

specified in rule 2(1)(a) to (c).

Abandoned poll

65  (1)
This rule applies to—

(a)
a poll which is abandoned in pursuance of rule 60(4)(b) as if

it were a poll at a contested election;

(b)
a poll which is abandoned in pursuance of rule 63(2)(b) or

64(2)(b).

      (2)
The presiding officer at a polling station must take the like steps (so

far as not already taken) for the delivery to the returning officer of

ballot boxes and of ballot papers and other documents as he is required

to take on the close of the poll.

      (3)
The returning officer must dispose of ballot papers and other

documents in his possession as is he required to do on the completion

of the counting of the votes.

      (4)
It is not necessary for a ballot paper account to be prepared or verified.

      (5)
No step or further step is to be taken for the counting of the ballot

papers or of the votes.

      (6)
The returning officer must seal up all the ballot papers (whether the

votes on them have been counted or not) and it is not necessary to seal

up counted and rejected ballot papers in separate packets.

      (7)
The provisions of these rules as to the inspection, production, retention

and destruction of ballot papers and other documents relating to a poll

at an election apply subject to paragraphs (8) and (9).

      (8)
Ballot papers on which the votes were neither counted nor rejected

must be treated as counted ballot papers.

      (9)
No order is to be made for—

(a)
the production or inspection of any ballot papers, or

(b)
the opening of a sealed packet of the completed corresponding

number lists or of certificates as to employment on the day of

the poll,

Committee of the whole House Proceedings: 8th November 2005
121

Electoral Administration Bill, continued


unless the order is made by a court with reference to a prosecution.”.’.

New Clause Relating to Candidates standing in more than one

consituency at an Election

Candidate not to stand in more than one constituency

Sir Patrick Cormack

Sir Menzies Campbell

Mr John Denham

Mrs Gwyneth Dunwoody

Chris Grayling

Sir George Young

Mr Oliver Heald

Mr Jonathan Djanogly
Mrs Eleanor Laing

Mr Henry Bellingham
Mr David Burrowes

Added  NC2

To move the following Clause:—

‘In Schedule 1 to the 1983 Act (parliamentary elections rules), in rule 8(3)

(candidate’s consent to nomination), after paragraph (b) insert—

“(c)
shall state that he is not a candidate at an election for any other

constituency the poll for which is to be held on the same day as

that for the election to which the consent relates,”.’.

Bill reported, as amended.