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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),

5

           

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

15

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,

20

           

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

25

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,

40

           

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.

 

35

  

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.

 
 
 

 
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