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Electoral Administration Bill


Electoral Administration Bill
Part 6 — Conduct of elections etc.

27

 

Part 6

Conduct of elections etc.

Election timetables

24      

Omission of references to Maundy Thursday

Part 4 of Schedule 1 contains amendments which omit the words “Maundy

5

Thursday” from certain enactments specifying the days which are to be

disregarded for the purposes of election timetables and the computation of

periods relating to elections.

Nomination

25      

Use of candidates’ common names

10

(1)   

Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as

follows.

(2)   

In rule 6 (nomination of candidates), after paragraph (2) insert—

   “(2A)  

If a candidate commonly uses—

(a)   

a surname which is different from any other surname he has,

15

or

(b)   

a forename which is different from any other forename he

has,

           

the nomination paper may state the commonly used surname or

forename in addition to the other name.”

20

(3)   

In rule 14 (publication of statement of persons nominated), after paragraph (2)

insert—

   “(2A)  

If a person’s nomination paper gives a commonly used surname or

forename in addition to another name, the statement shall show the

person’s commonly used surname or forename (as the case may be)

25

instead of any other name.

     (2B)  

Paragraph (2A) above does not apply if the returning officer thinks—

(a)   

that the use of the person’s commonly used name may be

likely to mislead or confuse electors, or

(b)   

that the commonly used name is obscene or offensive.

30

     (2C)  

If paragraph (2B) above applies, the returning officer must give

notice in writing to the candidate of his reasons for refusing to allow

the use of a commonly used name.”

(4)   

In the Appendix of forms, in the Form of nomination paper, for the first table

 
 

Electoral Administration Bill
Part 6 — Conduct of elections etc.

28

 

following the words “candidate at the said election” substitute—

 

“Candidate’s

Other

Commonly

Commonly

Description

Home address

 
 

surname

names in

used

used

(if any)

in full

 
  

full

surname

forenames

   
   

(if any)

(if any)

   

5

 

SULLIVAN

Arthur

GILBERT

W. S.

Independent

52,

 
  

Seymour

  

(against

Bunthorne

 
     

upgrading

Walk,

 
     

the M399)

Basingstoke”

 

(5)   

In the Appendix of forms, in the Note following the Form of nomination paper,

10

after paragraph 2 insert—

“2A        

Where a candidate commonly uses a name which is different from

any other name he has, the commonly used name may also appear

on the nomination paper, but if it does so, the commonly used name

(instead of any other name) will appear on the ballot paper.

15

2B         

But the ballot paper will show the other name if the returning officer

thinks—

(a)   

that the use of the commonly used name may be likely to

mislead or confuse electors, or

(b)   

that the commonly used name is obscene or offensive.”

20

26      

Candidate not to stand in more than one constituency

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

25

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

27      

Offences as to false statements in nomination papers

(1)   

Section 65A of the 1983 Act (false statements in nomination papers) is amended

as follows.

(2)   

In subsection (1), after paragraph (b) insert “or

30

(c)   

a certificate authorising for the purposes of rule 6A of the

parliamentary elections rules the use by a candidate of a

description if he knows that the candidate is standing at an

election in another consituency in which the poll is to be held

on the same day as the poll at the election to which the

35

certificate relates.”

(3)   

After subsection (1) insert—

“(1A)   

A person is guilty of a corrupt practice if, in the case of any relevant

election, he makes in any document in which he gives his consent to his

nomination as a candidate—

40

(a)   

a statement of his date of birth,

 
 

Electoral Administration Bill
Part 6 — Conduct of elections etc.

29

 

(b)   

a statement as to his qualification for being elected at that

election

(c)   

a statement 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

the poll at the election to which the consent relates, or

5

(d)   

a statement that he has not been selected or authorised to stand

in the name or on behalf of any registered party, organisation or

other person,

   

which he knows to be false in any particular.

(1B)   

For the purposes of subsection (1A), a statement as to a candidate’s

10

qualification is a statement—

(a)   

that he is qualified for being elected,

(b)   

that he will be qualified for being elected, or

(c)   

that to the best of his knowledge and belief he is not disqualified

for being elected.”

15

(4)   

In subsection (2)(b) at the beginning insert “except for the purposes of

subsections (1)(c) and (1A)(c),”.

Death of candidate

28      

Death of candidate

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

20

(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

25

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

30

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

35

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.

40

      (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)

 
 

Electoral Administration Bill
Part 6 — Conduct of elections etc.

30

 

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

or (1B).

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.

5

      (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

10

(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

15

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

20

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.

25

      (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.

30

      (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).

35

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,

40

           

the deceased candidate must be ignored.

 
 

Electoral Administration Bill
Part 6 — Conduct of elections etc.

31

 

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

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

5

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

10

(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

15

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

20

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

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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

30

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);

35

(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).

40

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

 
 

Electoral Administration Bill
Part 6 — Conduct of elections etc.

32

 

(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.

5

      (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.

10

      (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.

15

      (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).

20

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

25

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.

30

      (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.

35

      (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.

40

      (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).

 
 

Electoral Administration Bill
Part 6 — Conduct of elections etc.

33

 

      (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

5

corresponding number lists or of certificates as to

employment on the day of the poll,

           

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

Election expenses

29      

Amount of expenses which may be incurred by third party

10

(1)   

Section 75 of the 1983 Act (prohibition of expenses not authorised by election

agent) is amended as follows.

(2)   

In subsection (1)—

(a)   

after “be incurred” insert “during the relevant period”;

(b)   

omit from “but paragraph (c) or (d) of” to the end.

15

(3)   

After subsection (1) insert—

“(1ZZA)   

Paragraph (c) or (d) of subsection (1) above does not restrict the

publication of any matter relating to the election in—

(a)   

a newspaper or other periodical,

(b)   

a broadcast made by the British Broadcasting Corporation or by

20

Sianel Pedwar Cymru, or

(c)   

a programme included in any service licensed under Part 1 or 3

of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting

Act 1996.

(1ZZB)   

Subsection (1) above does not apply to any expenses incurred by any

25

person—

(a)   

which do not exceed in the aggregate the permitted sum (and

are not incurred by that person as part of a concerted plan of

action), or

(b)   

in travelling or in living away from home or similar personal

30

expenses.”

(4)   

In subsection (1ZA) for “subsection (1)(ii)” in each place where it occurs

substitute “subsection (1ZZB)(a)”.

(5)   

After subsection (7) insert—

“(8)   

In this section, “the relevant period” means—

35

(a)   

in relation to a parliamentary general election, the period of

four months ending with the date of the poll for the election;

(b)   

in relation to a local government election (other than an election

under section 89 of the Local Government Act 1972 to fill a

casual vacancy), the period of four months ending with the date

40

of the poll for the election;

(c)   

in relation to a by-election or an election under section 89 of the

Local Government Act 1972 to fill a casual vacancy, the period

 
 

 
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