|
| |
|
(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 |
| |
| 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 |
| |
| |
(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— |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
(b) | marking the number 1 against the name of more |
| |
| |
(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 |
| |
| |
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 |
| |
|
| |
|
| |
|
| 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 |
| |
| |
(a) | whichever of the tied candidates was allocated the fewer |
| 5 |
or fewest votes in accordance with voters’ first |
| |
| |
(b) | if that fails to resolve the tie, whichever of them had the |
| |
fewer or fewest votes after the next stage of counting (if |
| |
| 10 |
| |
(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), |
| |
| 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 |
| |
(ab) | declare the stage at which each eliminated candidate was |
| |
eliminated and the stage at which the elected candidate |
| |
| |
(b) | return the name of the elected candidate to the Clerk of the |
| 40 |
| |
(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 |
| |
| |
(i) | the name of the eliminated candidate, |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
“62 (1) | This rule applies in relation to an election mentioned in rule 60(1) |
| |
| 35 |
(2) | The reference in rule 45A(3) above to the candidate with the fewest |
| |
| |
(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 |
| |
| |
(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, |
| |
|
| |
|
| |
|
| shall be taken as a reference to the candidate other than the |
| |
| |
(4) | Where paragraph (2) or (3) above applies, it applies in place of rule |
| |
| |
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 |
| | | | | | | | 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— |
| |
| | 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 |
| | | | | | | 35 | | | You can mark as few or as many choices (up to the number of |
| | | | | | | | | | Do not use the same number more than once.” |
| | |
|
(b) | in paragraph 2, the words “Vote for one candidate only.” are |
| |
| 40 |
|
| |
|
| |
|
| |
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 |
| |
| 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 |
| |
| |
15 | In section 113 (bribery), in subsection (7)— |
| 20 |
(a) | for “this section the expression” there is substituted “this section— |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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”. |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| 35 |
| “in the case of a parliamentary election, must have printed |
| |
the following words both at the top and immediately below |
| |
| |
| “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.”, |
| | |
|
|
| |
|
| |
|
| |
| |
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”. |
| |
| |
| |
| |
| 10 |
Voting system for parliamentary elections |
| |
| | | | | | Representation of the People |
| | | | | | 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 |
| | | | | | | | | Representation of the People |
| | | | | | | | 25 | | Greater London Authority Act |
| In Schedule 3, paragraph 11. |
| | | | | | | |
|
| |
Parliamentary constituencies |
| |
| | | | 30 | | Parliamentary Constituencies |
| | | | | | (a) | in subsection (1)(b), the words “(read |
| | | | | | | | | | | | | | | (c) | in subsection (6), the words “and related |
| | 35 | | | | | | | | (d) | subsections (7) and (8). |
| | | | | | | |
|
|
| |
|