Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 6 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
146

     (2C)
A ballot paper on which the voter makes any mark which—
(a)
is clearly intended to indicate a particular preference for a
particular candidate, but
(b)
is not a number (or is a number written otherwise than as
an arabic numeral),
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shall be treated in the same way as if the appropriate number
(written as an arabic numeral) had been marked instead.
     (2D)
In paragraph (2C) above a reference to a mark includes a reference
to more than one mark.
     (2E)
Paragraphs (2B) and (2C) above apply only if the way the paper is
10
marked does not itself identify the voter and it is not shown that
the voter can be identified by it.”
      (4)
After paragraph (3) of that rule there is inserted—
   “(3A)
Where—
(a)
any mark on a ballot paper is ignored by reason of
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paragraph (2A) or (2B) above, and
(b)
the vote in question is not reallocated in accordance with
rule 45A above, but would have been if the mark had been
treated as indicating a preference for a remaining
candidate,
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the returning officer shall endorse the ballot paper in question
with the words “not reallocated” and an indication of the stage at
which the mark was ignored.
     (3B)
Where the returning officer endorses a ballot paper as mentioned
in paragraph (3A), the officer shall add to the endorsement the
25
words “decision objected to” if an objection is made by a counting
agent to the decision.”
      (5)
In paragraph (4) of that rule—
(a)
for sub-paragraph (b) there is substituted—
“(aa)
not marking the number 1 against the name of any
30
of the candidates;
(b)
marking the number 1 against the name of more
than one candidate;”;
(b)
for sub-paragraph (d) there is substituted—
“(d)
unmarked or marked in a way that does not
35
indicate a clear choice as to the voter’s first (or
only) preference.”
7     (1)
For rule 49 (equality of votes), and the heading, there is substituted—
“Equality of votes: which candidate to be eliminated
49    (1)
This rule applies to determine which candidate is eliminated
40
under rule 45A(3) above in a case where—
(a)
there are two or more candidates with fewer votes than the
others but an equal number to each other, or
(b)
there are three or more candidates, or remaining
candidates, and they all have an equal number of votes to
45
each other.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
147


The candidates with an equal number of votes to each other are
referred to in this rule as “the tied candidates”.
      (2)
The candidate to be eliminated where there has been a previous
elimination is—
(a)
whichever of the tied candidates was allocated the fewer
5
or fewest votes in accordance with voters’ first
preferences, or
(b)
if that fails to resolve the tie, whichever of them had the
fewer or fewest votes after the next stage of counting (if
any),
10

and so on.
      (3)
Where there has been no previous elimination, or where there has
been a previous elimination but the tie is not resolved under
paragraph (2) above, the returning officer shall forthwith decide
by lot which of the tied candidates is to be eliminated.
15
Equality of votes: which candidate to be elected
49A   (1)
This rule applies to determine which candidate is elected under
rule 45A(4) or (5) above in a case where there are only two
remaining candidates and they have an equal number of votes.
      (2)
The candidate to be elected is—
20
(a)
whichever of the remaining candidates was allocated the
more votes in accordance with voter’s first preferences, or
(b)
if that fails to resolve the tie, whichever of them had the
more votes after the next stage of counting (if any),

and so on.
25
      (3)
Where the tie is not resolved under paragraph (2) above, the
returning officer shall forthwith decide by lot which of the
remaining candidates is to be elected.”
8
In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to
(c) there is substituted—
30
“(a)
declare the number of votes obtained by each candidate
(including any reallocated in accordance with rule 45A
above), starting with the candidate with the fewest and
proceeding in order to the candidate with the most;
(aa)
declare which is the candidate who (in accordance with
35
that rule) is elected;
(ab)
declare the stage at which each eliminated candidate was
eliminated and the stage at which the elected candidate
was elected;
(b)
return the name of the elected candidate to the Clerk of the
40
Crown;
(c)
give public notice of the name of the elected candidate, the
number of rejected ballot papers under each head shown
in the statement of rejected ballot papers, the number of
votes allocated to each candidate in accordance with
45
voters’ first preferences, and for each subsequent stage of
counting—
(i)
the name of the eliminated candidate,

Parliamentary Voting System and Constituencies Bill
Schedule 6 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
148

(ii)
the number of votes reallocated to each of the
remaining candidates, and
(iii)
the number of votes of the candidate eliminated at
the previous stage that were not reallocated.”
9
In rule 53 (return or forfeiture of candidate’s deposit), in paragraph (4), for
5
the words after “is completed,” there is substituted “the number of first-
preference votes obtained by the candidate is found to be not more than one-
twentieth of the total number of first-preference votes obtained by all the
candidates.”
10    (1)
In rule 61 (deceased independent candidate wins), in paragraph (1), for “the
10
majority of votes is given to the deceased candidate” there is substituted “the
deceased candidate would have been elected (in accordance with rule 45A
above) had he not died”.
      (2)
In paragraph (2) of that rule, for sub-paragraph (a) there is substituted—
“(a)
declare the number of votes obtained by each candidate
15
(including any reallocated in accordance with rule 45A
above), starting with the candidate with the fewest and
proceeding in order to the candidate with the most,
(aa)
declare that the deceased candidate would have been
elected had he not died,”.
20
      (3)
For sub-paragraph (c) of that paragraph there is substituted—
“(c)
give public notice of the number of rejected ballot papers
under each head shown in the statement of rejected ballot
papers, the number of votes allocated to each candidate in
accordance with voters’ first preferences, and for each
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subsequent stage of counting—
(i)
the name of the candidate eliminated,
(ii)
the number of votes reallocated to each of the
remaining candidates, and
(iii)
the number of votes of the candidate eliminated at
30
the previous stage that were not reallocated.”
11    (1)
For rule 62 (deceased independent candidate with equality of votes) there is
substituted—
“62   (1)
This rule applies in relation to an election mentioned in rule 60(1)
above.
35
      (2)
The reference in rule 45A(3) above to the candidate with the fewest
votes, in a case where—
(a)
there are two or more candidates with fewer votes than the
others but an equal number to each other, and
(b)
one of them is a deceased candidate,
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shall be taken as a reference to the deceased candidate.
      (3)
The reference in rule 45A(4) or (5) above to the candidate with
more votes than the other remaining candidates put together, in a
case where—
(a)
there are only two remaining candidates,
45
(b)
those two candidates have an equal number of votes, and
(c)
one of them is a deceased candidate,

Parliamentary Voting System and Constituencies Bill
Schedule 6 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
149


shall be taken as a reference to the candidate other than the
deceased candidate.
      (4)
Where paragraph (2) or (3) above applies, it applies in place of rule
49 or 49A above.”
12    (1)
The Appendix of forms is amended as follows.
5
      (2)
In the Form of Front of Ballot Paper—
(a)
for “VOTE FOR ONE CANDIDATE ONLY” there is substituted—

“Put the number 1 next to the name of the candidate who is your first

choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 next to your second choice, 3 next to

10

your third choice, and so on.

You can mark as few or as many choices (up to the number of

candidates) as you wish.

Do not use the same number more than once.”

(b)
the numbers on the left-hand side are omitted, together with the
15
vertical rule separating them from the particulars of the candidates.
      (3)
In the directions as to printing the ballot paper—
(a)
in paragraph 2(a), for “the direction to vote for one candidate only”
there is substituted “the directions beginning “Put the number 1 next
to the name of the candidate who is your first choice” and ending
20
“Do not use the same number more than once.””;
(b)
in paragraph 2(b), for the words “the vertical rules separating those
particulars from the numbers on the left-hand side and the spaces on
the right” there is substituted “the vertical rule separating those
particulars from the spaces on the right”.
25
      (4)
In the Guidance for Voters—
(a)
for paragraph 1 there is substituted—

“1
When you are given a ballot paper go to one of the compartments.

Put the number 1 on the ballot paper in the box to the right of the

name of the candidate who is your first choice (or your only

30

choice, if you want to vote for only one candidate).

You can also put the number 2 in the box to the right of the name

of the candidate who is your second choice, the number 3 in the

box to the right of the name of the candidate who is your third

choice, and so on.

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You can mark as few or as many choices (up to the number of

candidates) as you wish.

Do not use the same number more than once.”

(b)
in paragraph 2, the words “Vote for one candidate only.” are
repealed.
40

Parliamentary Voting System and Constituencies Bill
Schedule 6 — The alternative vote system: further amendments
Part 2 — Amendments of other provisions of the 1983 Act
150

Part 2
Amendments of other provisions of the 1983 Act
13
The 1983 Act is amended as follows.
14    (1)
In section 66 (requirement of secrecy), in subsection (2)(b), for “the candidate
for whom any vote is given on any particular ballot paper” there is
5
substituted “how any particular ballot paper has been marked”.
      (2)
In subsection (3)(b) and (c) of that section, for “the candidate for whom”
there is substituted “how”.
      (3)
In subsection (3)(d) of that section, for “the name of the candidate for whom
he has or has not” there is substituted “how he has”.
10
      (4)
In subsection (4)(d) of that section, for “the candidate for whom any vote is
given on any particular ballot paper” there is substituted “how any
particular ballot paper has been marked”.
      (5)
In subsection (5) of that section, for “the candidate for whom” there is
substituted “how”.
15
      (6)
Subsections (7) and (8) of that section are repealed.
      (7)
The amendments made by this paragraph do not apply to a local
government election (within the meaning given by section 204(1) of the 1983
Act) in Scotland.
15
In section 113 (bribery), in subsection (7)—
20
(a)
for “this section the expression” there is substituted “this section—
(a)
the expression”;
(b)
at the end there is inserted—
“(b)
a reference to voting or refraining from voting, in the
case of a parliamentary election, includes a reference
25
to marking or refraining from marking preferences on
the ballot paper;
(c)
a reference to the vote of any voter, in the case of a
parliamentary election, includes a reference to the
marking of a voter’s preferences on the ballot paper.”
30
16
In section 114 (treating), at the end there is inserted—
“(4)
Subsection (7)(b) of section 113 above has effect for the purposes of
this section as it has effect for the purposes of that one.”
17
In section 115 (undue influence), at the end there is inserted—
“(3)
Subsection (7)(b) of section 113 above has effect for the purposes of
35
this section as it has effect for the purposes of that one.”
18    (1)
In section 117 (savings as to parliamentary elections), in subsection (2)(b), for
“to record his vote for any particular candidate” there is substituted “to vote
in any particular way”.
      (2)
In subsection (2)(c) of that section, for “recording his vote for any particular
40
candidate” there is substituted “voting in any particular way”.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — The alternative vote system: further amendments
Part 2 — Amendments of other provisions of the 1983 Act
151

19    (1)
In section 139 (trial of election petition), in subsection (6) the words “the
parliamentary elections rules or”, in both places, are repealed.
      (2)
After that subsection there is inserted—
“(6A)
If the petition relates to an election conducted under the
parliamentary elections rules and it appears that there is an equality
5
of votes between any candidates (a “tie”)—
(a)
rule 49, 49A or 62 of those rules (whichever is relevant) shall
apply for the purposes of the petition;
(b)
where under rule 49 or 49A the tie falls to be resolved by lot—
(i)
any decision made by lot by the returning officer
10
under that rule shall, in so far as it resolves the tie, be
effective also for the purposes of the petition, and
(ii)
in so far as the tie is not resolved by such a decision,
the court shall resolve it by lot.”
20
In section 165 (avoidance of election for employing corrupt agent), after
15
subsection (3) there is inserted—
“(3A)
In the case of a parliamentary election—
(a)
a vote shall be deemed in accordance with subsection (3)
above to be thrown away only to the extent that it indicates a
preference (whether a first preference or any other) for the
20
person who was under the incapacity, and
(b)
any number on the voter’s ballot paper indicating a
subsequent preference shall be treated as reduced by one.”
21
In section 166 (votes to be struck off for corrupt or illegal practices), in
subsection (1), for the words from “election there shall” to the end there is
25
substituted “election, then on a scrutiny—
(a)
there shall be disregarded any preference for the candidate
(whether a first preference or any other) indicated by a voter
who is proved to have been so bribed, treated or unduly
influenced, and
30
(b)
any number on the voter’s ballot paper indicating a
subsequent preference shall be treated as reduced by one.”
22
In section 199B (translations etc of certain documents), in subsection (6), for
the words “in the case of a parliamentary election or” in paragraph (a) there
is substituted—
35

“in the case of a parliamentary election, must have printed
the following words both at the top and immediately below
the list of candidates:

“Put the number 1 next to the name of the candidate

who is your first choice (or your only choice, if you

40

want to vote for only one candidate).

You can also put the number 2 next to your second

choice, 3 next to your third choice, and so on.

You can mark as few or as many choices (up to the

number of candidates) as you wish.

45

Do not use the same number more than once.”,

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Repeals
Part 2 — Parliamentary constituencies
152

(aa)
in the case of”.
Part 3
Amendments of other enactments
Political Parties, Elections and Referendums Act 2000 (c. 41)
23
In section 3A of the 2000 Act (four Electoral Commissioners to be persons
5
put forward by parties), in subsection (7), for “votes cast for” there is
substituted “first-preference votes obtained by”.
Schedule 7
Section 13

Repeals
Part 1
10
Voting system for parliamentary elections

Short title and chapter
Extent of repeal

Representation of the People
Section 66(7) and (8).

Act 1983 (c. 2)
In section 139(6), the words “the parliamentary

elections rules or” in both places.

15

In Schedule 1, in the Appendix of forms—

(a)
in the Form of Front of Ballot Paper, the

numbers on the left-hand side, and the

vertical rule separating them from the

particulars of the candidates;

20

(b)
in paragraph 2 of the Guidance for

Voters, the words “Vote for one

candidate only.”

Representation of the People
Section 13(b).

Act 1985 (c. 50)

25

Greater London Authority Act
In Schedule 3, paragraph 11.

1999 (c. 29)

Part 2
Parliamentary constituencies

Short title and chapter
Extent of repeal

30

Parliamentary Constituencies
In section 3—

Act 1986 (c. 56)
(a)
in subsection (1)(b), the words “(read

with paragraph 7)”;

(b)
subsection (3);

(c)
in subsection (6), the words “and related

35

provisions”;

(d)
subsections (7) and (8).

Section 6.