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Recommendations to the Boundary Commission

Susan Elan Jones

NC11

To move the following Clause:—

‘Where a substantial number of representations proposing changes to the

Commission’s provisional recommendations are received but the Commission

decides not to arrange a public inquiry, the Commission shall request an Assistant

Commissioner drawn from a national panel of independent lawyers, to consider

all written representations together with the provisional recommendations and

publish a summary of the main points and the Assistant Commissioner’s own

recommendations to the Boundary Commission.’.

Commencement: Wales

Susan Elan Jones

NC12

To move the following Clause:—

‘Notwithstanding any provision of this or any other Act, there shall be no change

to the number of boundaries or constituencies in Wales unless the Assembly Act

provisions as defined in Part 4 of the Government of Wales Act 2006 have come

into force.’.

Single transferable vote elections for the House of Lords

Liz Kendall

Stella Creasy

Sir Peter Soulsby

Stephen Twigg

Kate Green

NC13

To move the following Clause:—

‘The Secretary of State shall by order make arrangements for an election to be

held for Members of the House of Lords using the single transferable vote

system.’.

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Parliamentary Voting System and Constituencies Bill, continued

Counting of votes in the referendum

Mr Angus Brendan MacNeil

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC14

To move the following Clause:—

‘(1)	A voter votes by marking the ballot paper with—

(a)	the number 1 opposite the name of the option that is the voter’s first

preference (or, as the case may be, the only option for whom the voter

wishes to vote),

(b)	if the voter wishes, the number 2 opposite the name of the option that is

the voter’s second preference, and so on.

(2)	The voter may mark as many preferences (up to the number of options) as the

voter wishes.

(3)	This rule sets out how votes are to be counted, in one or more stages of counting,

in order to give effect to the preferences marked by voters on their ballot papers

and so to determine which options are selected.

(4)	Votes shall be allocated to options in accordance with voters’ first preferences

and, if one option has more votes that the other options put together, that option

is selected.

(5)	If not, the options with the fewest votes are eliminated and that option’s votes

shall be dealt with as follows—

(a)	each vote cast by a voter who also ranked one or more of the remaining

options shall be reallocated to that remaining option or (as the case may

be) to the one that the voter ranked highest;

(b)	any votes not reallocated shall play no further part in the counting.

(6)	If no option is selected at the first stage of counting, the returning officer shall,

immediately after that stage, record and make publicly available the following

information—

(a)	the number of first-preference votes obtained by each option;

(b)	which option was eliminated;

(c)	the number of rejected ballot papers.’.

Commencement or repeal of amending provisions: Single transferable vote

Mr Angus Brendan MacNeil

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC15

To move the following Clause:—

‘(1)	The Minister must make an order bringing into force section (Single transferable

vote system: amendments), Schedule (Single transferable vote system: further

amendments) and Part 1 of Schedule 7 (Single transferable vote provisions) if—

(a)	the answer “Single Transferable Vote” is selected in the referendum, and

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(b)	the draft of an Order in Council laid before Parliament under subsection

(5A) of section 3 of the Parliamentary Constituencies Act 1986

(substituted by section 8(6)(below) has been submitted to Her Majesty in

Council under section 4 of that Act.

(2)	If the answer “Single Transferable Vote” is not selected, the Minister must make

an order repealing the single transferable vote provisions.

(3)	An order under subsection (1) must bring the single transferable vote provisions

into force on the same day as the coming into force of the Order in Council in

terms of the draft referred to in paragraph (b) of that subsection.

(4)	An order under subsection (1) may make transitional or saving provision.’.

Single transferable vote system: amendments

Mr Angus Brendan MacNeil

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC16

To move the following Clause:—

‘(1)	In Schedule 1 to the 1983 Act (Parliamentary elections rules), after rule 37 there

is inserted—

“How votes are to be given

37A(1)

A voter votes by marking the ballot paper with—

(a)	the number 1 opposite the name of the candidate who is the

voter’s first preference (or, as the case may be, the only

candidate for whom the voter wishes to vote),

(b)	if the voter wishes, the number 2 opposite the name of the

candidate who is the voter’s second preference,

and so on.

(2)	The voter may mark as many preferences (up to the number of

candidates) as the voter wishes.”.

(2)	After rule 45 in that Schedule there is to be inserted—

“How votes are to be counted

45A(1)

This rule sets out how votes are to be counted, in one or more stages

of counting, in order to give effect to the preferences marked by voters

on their ballot papers and so to determine which candidate is elected.

First stage

45B(1)

The returning officer shall sort the valid ballot papers into parcels

according to the candidates for whom first preference votes are given.

(2)	The returning officer shall then—

(a)	count the number of ballot papers in each parcel;

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Parliamentary Voting System and Constituencies Bill, continued

(b)	credit the candidate receiving the first preference vote with

one vote for each ballot paper; and

(c)	record those numbers.

(3)	The returning officer shall also ascertain and record the total number

of valid ballot papers.

The quota

45C(1)

The returning officer shall divide the total number of valid ballot

papers for the constituency by a number exceeding by one the number

of members to be elected at the election for that constituency.

(2)	The result of the division under paragraph (1) (Ignoring any decimal

places), increased by one, is the number of votes needed to secure the

return of a candidate as a member (in this Schedule referred to as the

‘quota’).

Return of members of House of Commons

45D(1)

Where, at any stage of the count, the number of votes for a candidate

equals or exceeds the quota, the candidate is deemed to be elected.

(2)	A candidate is returned as a member of the House of Commons when

declared to be elected in accordance with paragraph 8(1).

Transfer of ballot papers

45E(1)

Where, at the end of any stage of the count, the number of votes

credited to any candidate exceeds the quota and, subject to paragraphs

5 and 8, one or more vacancies remain to be filled, the returning officer

shall sort the ballot papers received by that candidate into further

parcels so that they are grouped—

(a)	according to the next available preference given on those

papers; and

(b)	where no such preference is given, as a parcel of non-

transferable papers.

(2)	The returning officer shall, in accordance with this paragraph and

paragraph 5, transfer each parcel of ballot papers referred to in sub-

paragraph (1)(a) to the continuing candidate for whom the next

available preference is given on those papers and shall credit such

continuing candidates with an additional number of votes calculated in

accordance with sub-paragraph (3).

(3)	The vote on each ballot paper is transferred under sub-paragraph (2)

shall have a value (‘the transfer value’) calculated as follows—

A

B

where:

A = the value which is calculated by multiplying the surplus of the

transferring candidate by the value of the ballot paper when received

by that candidate; and

B = the total number of votes credited to that candidate, the calculation

being made to five decimal places (any remainder being ignored).

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(4)	For the purposes of sub-paragraph (3)—

“transferring candidate” means the candidate from whom the ballot paper

is being transferred; and

“the value of the ballot paper” means—

(a)	for a ballot paper on which a first preference vote is given for the

transferring candidate, one; and

(b)	in all other cases, the transfer value of the ballot paper when

received by the transferring candidate.

Transfer of ballot papers: supplementary provisions

45F(1)

If, at the end of any stage of the count, the number of votes credited to

two or more candidates exceeds the quota the returning officer shall—

(a)	first sort the ballot papers of the candidate with the highest

surplus; and

(b)	then transfer the transferable papers of that candidate.

(2)	If the surpluses determined in respect of two or more candidates are

equal, the transferable papers of the candidate who had the highest

number of votes at the end of the most recent preceding stage at which

they had unequal numbers of votes shall be transferred first.

(3)	If the numbers of votes credited to two or more candidates were equal

at all stages of the count, the returning officer shall decide, by lot,

which candidate’s transferable papers are to be transferred first.

Exclusion of candidates

45G(1)

If one or more vacancies remain to be filled and—

(a)	the returning officer has transferred all ballot papers which are

required by paragraph 5 or this paragraph to be transferred; or

(b)	there are no ballot papers to be transferred under paragraph 5

or this paragraph, the returning officer shall exclude from the

election at that stage the candidate with the then lowest

number of votes.

(2)	The returning officer shall sort the ballot papers for the candidate

excluded under sub-paragraph (1) of this paragraph into parcels so that

they are grouped—

(a)	according to the next available preference given on those

papers; and

(b)	where no such preference is given, as a parcel of non-

transferable papers.

(3)	The returning officer shall, in accordance with this article, transfer

each parcel of ballot papers referred to in sub-paragraph (2)(a) to the

continuing candidate for whom the next available preference is given

on those papers and shall credit such continuing candidates with an

additional number of votes calculated in accordance with sub-

paragraph (4).

(4)	The vote on each ballot paper transferred under sub-paragraph (3)

shall have a transfer value of one unless the vote was transferred to the

excluded candidate in which case it will have the same transfer value

as when transferred to the candidate excluded under sub-paragraph

(1).

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(5)	This paragraph is subject to paragraph 45H.

Exclusion of candidates: supplementary provisions

45H(1)

If, when a candidate has to be excluded under paragraph 6—

(a)	two or more candidates each have the same number of votes;

and

(b)	no other candidate has fewer votes, sub-paragraph (2) applies.

(2)	Where this sub-paragraph applies—

(a)	regard shall be had to the total number of votes credited to

those candidates at the end of the most recently preceding

stage of the count at which they had an unequal number of

votes and the candidate with the lowest number of votes at that

stage shall be excluded; and

(b)	where the number of votes credited to those candidates was

equal at all stages, the returning officer shall decide, by lot,

which of those candidates is to be excluded.

Filling of last vacancies

45I(1)

Where the number of continuing candidates is equal to the number of

vacancies remaining unfilled, the continuing candidates are deemed to

be elected.

(2)	Where the last vacancies can be filled under this paragraph, no further

transfer shall be made.

By-elections

45J(1)

Where a vacancy occurs in any constituency, paragraphs (45A) to

(45H) apply to the subsequent by-election.

(2)	Where more than one vacancy exists in a constituency when a writ for

a by-election in that constituency is moved, only one by-election is to

be held for the vacant seats and this rule applies as if the number of

members to be elected is the total number of seats vacant in that

constituency.”.’.

Candidates at general elections to the National Assembly for Wales

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC17

To move the following Clause:—

‘In section 7 of the Government of Wales Act 2006 (Candidates at general

elections), subsections 5 (c) and 6 (c) are repealed.’.

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Parliamentary Voting System and Constituencies Bill, continued

Overseas constituency

Andrew Rosindell

NC18

To move the following Clause:—

‘(1)	The 1986 Act after section 1(1) there is inserted—

“(1A)

There shall for the purposes of paraliamentary elections be a constituency

named the Overseas constituency, returning a single member, for British

subjects of Overseas Territories and Crown Dependencies who have

expressed a wish to participate in United Kingdom parliamentary

elections.

(1B)	A Boundary Commission may make a report under section 3 of this Act

(Reports of the Boundary Commissions) if in its view the number of

members to be elected from the Overseas constituency should increase,

in which case references in that section to “the part of the United

Kingdom” should be disregarded.

(1C)	If a Boundary Commission mades a report under subsection (1B) of this

Act, sections 3A (Reviews and proposed recommendations by Boundary

Commissions), 4 (Orders in Council) and 5 (Notices) of this Act apply to

that report.

(1D)	Entitlement to vote in the Overseas constituency must be based on the

register prepared under section (2)(1A) of the Parliamentary Voting

System and Constituencies Act 2010.”.’.

New Schedule

Mr Angus Brendan MacNeil

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NS1

To move the following Schedule:—

The single transferrable vote system: further amendments

Part 1

Amendments of the Parliamentary Elections Rules

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

follows.

2	For rule 18 (poll to be taken by ballot) there is substituted—

“18	The votes at the poll shall be given by ballot in accordance with rule

37A below, the result shall be ascertained in accoredance with rule

45A below and the successful candidate shall be declared to have

been elected.”.

3	In rule 29 (equipment of polling stations), in paragraph (5), for the words after

“the notice” there is substituted—

---

Revised 11 October 2010