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| |
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| “Remember—use 1, 2, 3, etc... at this election—this is an |
| | | | election using the Single Transferrable Vote system. |
| | | | 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 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. |
| | | | Put no other mark on the ballot paper, or your vote may not |
| | | | | | |
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| | 4 | In rule 44 (attendance at counting of votes), in paragraph (5), for “the candidate |
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| | for whom the vote is given” there is substituted “the candidates to whom votes |
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| | are allocated under rule 45A below”. |
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| | 5 (1) | In rule 46 (re-count), for paragraph (1) there is substituted— |
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| | “(1) | At the time when any stage of the counting or re-counting of the |
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| | votes is completed, a candidate or candidate’s election agent who is |
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| | then present may request the returning officer to have the votes re- |
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| | counted or again re-counted in respect of any or all of the stages so |
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| | |
| | (1A) | The returning officer may refuse to comply with a request under |
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| | paragraph (1) above if in the officer’s opinion it is unreasonable.”. |
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| | (2) | In paragraph (2) of that rule, after “on the completion of” there is inserted “any |
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| | |
| | (3) | After that paragraph there is inserted— |
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| | “(3) | At any time before the declaration of the result, the returning officer |
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| | may, if the officer thinks fit, have the votes re-counted or again re- |
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| | counted in respect of any or all of the stages.”. |
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| | 6 (1) | In rule 47 (rejected ballot papers), in the heading there is inserted at the end |
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| | |
| | (2) | In paragraph (1) of that rule— |
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| | (a) | for sub-paragraph (b) there is substituted— |
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| | “(aa) | on which the number 1 has not been marked |
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| | against the name of any of the candidates, or |
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| | (b) | on which the number 1 has been marked against |
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| | the name of more than one candidate, or”, |
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| | (b) | in sub-paragraph (d), for “void for unertainty” there is substituted “is |
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| | marked in a way that does not indicate a clear choice as to the voter’s |
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| | first (or only) preference”; |
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| | (c) | for the words after that sub-paragraph there is substituted “shall, |
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| | subject to the following provisions, be rejected as void and not |
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| | |
| | (3) | For paragraph (2) of that rule there is substituted— |
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| | “(2) | A ballot paper on which a number is marked elsewhere than in a |
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| | proper place shall not be deemed to be void for that reason alone. |
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| |
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| | (2A) | If a ballot paper is marked with the same number (other than the |
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| | number 1) against the name of more than one candidate, that |
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| | number (each time it appears) and any numbers after the repeated |
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| | numbers shall be ignored for the purposes of rule 45A above. |
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| | |
| | (a) | one or more preferences are validly marked on a ballot |
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| | |
| | (b) | other marks are made on the paper which do not indicate a |
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| | clear intention as to the voter’s next preference, |
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| | | those other marks shall be ignored for the purposes of rule 45A |
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| | |
| | (2C) | A ballot paper on which the voter makes any mark which— |
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| | (a) | is clearly intended to indicate a particular preference for a |
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| | particular candidate, but |
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| | (b) | is not a number (or is a number written otherwise than as an |
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| | |
| | | shall be treated in the same way as if the appropriate number |
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| | (written as an Arabic numeral) had been marked instead. |
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| | (2D) | In paragraph (2C) above a reference to a mark includes a reference |
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| | |
| | (2E) | Paragraphs (2B) and 2(C) above apply only if the way the paper is |
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| | marked does not itself identify the voter and it is not shown that the |
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| | voter can be identified by it.” |
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| | (4) | After paragraph (3) of that rule there is inserted— |
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| | |
| | (a) | any mark on a ballot paper is ignored by reason of |
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| | paragraph (2A) or (2B) above, and |
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| | (b) | the vote in question is not reallocated in accordance with |
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| | rule 45A above, but would have been if the mark had been |
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| | treated as indicating a preference for a remaining |
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| | |
| | | the returning officer shall endorse the ballot paper in question with |
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| | the words “not reallocated” and an indication of the stage at which |
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| | |
| | (3B) | Where the returning officer endorses a ballot paper as mentioned in |
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| | paragraph (3A), the officer shall add to the endoresement the words |
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| | “decision objected to” if an objection is made by a counting agent |
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| | |
| | (5) | In paragraph (4) of that rule— |
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| | (a) | for sub-paragraph (b) there is substituted— |
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| | “(aa) | not marking the number 1 against the name of any |
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| | |
| | (b) | marking the number 1 against the name of more |
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| | |
| | (b) | for sub-paragraph (d) there is substituted— |
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| | “(d) | unmarked or marked in a way that does not |
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| | indicate a clear choice as to the voter’s first (or |
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| | |
| | 7 (1) | For rule 49 (equality of votes), and the heading, there is substituted— |
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| | “Equality of votes: which candidate to be eliminated |
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| | 49 (1) | This rule applies to determine which candidate is eliminated under |
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| | rule 45A(3) above in a case where— |
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| | (a) | there are two or more candidates with fewer votes than the |
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| | others but an equal number to each other, or |
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| | (b) | there are three or more candidates, or remaining |
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| | candidates, and they all have an equal number of votes to |
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| | |
| | | The candidates with an equal nunber of votes to each other are |
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| | referred to in this rule as “the tied candidates”. |
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| | (2) | The candidate to be eliminated where there has been a previous |
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| | |
| | (a) | whichever of the tied candidates was allocated the fewer or |
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| | fewest votes in accordance with voters’ first preferences, or |
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| | (b) | if that fails to resolve the tie, whichever of them had the |
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| | fewer or fewest votes after the next stage of counting (if |
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| | |
| | |
| | (3) | Where there has been no previous elimination, or where there has |
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| | been a previous elimination but the tie is not resolved under |
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| | paragraph (2) above, the returning officer shall forthwith decide by |
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| | lot which of the tied candidates is to be eliminated. |
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| | Equality of votes: which candidate to be elected |
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| | 49A(1) | This rule applies to determine which candidate is elected under rule |
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| | 45A(4) or (5) above in a case where there are only two remaining |
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| | candidates and they have an equal number of votes. |
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| | (2) | The candidate to be elected is— |
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| | (a) | whichever of the remaining candidates was allocated the |
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| | more votes in accordance with voters’ first preferences, or |
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| | (b) | if that fails to resolve the tie, whichever of them had the |
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| | more votes after the next stage of counting (if any), |
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| | |
| | (3) | Where the tie is not resolved under paragraph (2) above, the |
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| | returning officer shall forthwith decide by lot which of the |
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| | remaining candidates is to be elected.”. |
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| | 8 | In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to (c) |
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| | |
| | “(a) | declare the number of votes obtained by each candidate |
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| | (including any reallocated in accordance with rule 45A |
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| | above), starting with the candidate with the fewest and |
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| | proceeding in order to the candidate with the most; |
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| | (aa) | declare which is the candidate who (in accordance with that |
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| | |
| | (ab) | declare the stage at which each eliminated candidate was |
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| | eliminated and the stage at which the elected candidate was |
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| | |
| | (b) | return the name of the elected candidate to the Clerk of the |
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| | |
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| |
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| | (c) | give public notice of the name of the elected candidate, the |
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| | number of rejected ballot papers under each head shown in |
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| | the statement of rejected ballot papers, the number of votes |
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| | allocated to each candidate in accordance with voters’ first |
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| | preferences, and for each subsequent stage of counting— |
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| | (i) | the name of the eliminated candidate; |
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| | (ii) | the number of votes reallocated to each of the |
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| | remaining candidates, and |
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| | (iii) | the number of votes of the candidate eliminated at |
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| | the previous stage that were not reallocated.”. |
|
| | 9 | In rule 53 (return of forfeiture of candidate’s deposit), in paragraph (4), for the |
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| | words after “is completed,” there is substituted “the number of first preference |
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| | votes obtained by the candidate is found to be not more than one twentieth of |
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| | 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 |
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| | majority of votes is given to the deceased candidate” there is substituted “the |
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| | deceased candidate would have been elected (in accordance with rule 45A |
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| | |
| | (2) | In paragraph (2) of that rule, for sub-paragraph (a) there is substituted— |
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| | “(a) | declare the number of votes obtained by each candidate |
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| | (including any reallocated in accordance with rule 45A |
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| | above, starting with the candidate with the fewest and |
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| | proceeding in order to the candidate with the most, |
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| | (aa) | declare that the deceased candidate would have been |
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| | elected had he not died,”. |
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| | (3) | For sub-paragraph (c) of that paragraph there is substituted— |
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| | “(c) | give public notice of the number of rejected ballot papers |
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| | under each head shown in the statement of rejected ballot |
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| | papers, the number of votes allocated to each candidate in |
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| | accordance with voters’ first preferences, and for each |
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| | subsequent stage of counting— |
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| | (i) | the name of the candidate eliminated, |
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| | (ii) | the number of votes reallocated to each of the |
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| | remaining candidates, and |
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| | (iii) | the number of votes of the candidate eliminated at |
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| | the previous stage that were not reallocated.”. |
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| | 11 (1) | For rule 62 (deceased independent candidate with equality of votes) there is |
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| | |
| | “62(1) | This rule applies in relation to an election mentioned in rule 60(1) |
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| | |
| | (2) | The reference in rule 45A(3) above to the candidate with the fewest |
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| | |
| | (a) | there are two or more candidates with fewer votes than the |
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| | others but an equal number to each other, and |
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| | (b) | one of them is a deceased candidate, |
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| | | shall be taken as a reference to the deceased candidate. |
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| | (3) | The reference in rule 45A(4) or (5) above to the candidate with |
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| | more votes than the other remaining candidates put together, in a |
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| | |
| | (a) | there are only two remaining candidates, |
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| | (b) | those two candidates have an equal number of votes, and |
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| |
| |
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| | (c) | one of them is a deceased candidate, |
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| | | shall be taken as a reference to the candidate other than the deceased |
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| | |
| | (4) | Where paragraph (2) or (3) above applies, it applies in place of rule |
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| | |
| | 12 (1) | The Appendix of forms is amended as follows— |
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| | (2) | In the Form of Front of Ballot Paper— |
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| | (a) | for “VOTE FOR ONE CANDIDATE ONLY” there is substituted—
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| | |
| | “Put the number 1 next to the name of the candidate who is your |
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| | first choice (or your only choice, if you want to vote for only one |
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| | |
| | You can also put the number 2 next to your second choice, 3 next |
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| | to your third choice, and so on.
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| | You can mark as few or as many choices (up to the number of |
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| | |
| | Do not use the same number more than once.”. |
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| | (b) | the numbers on the left-hand side are omitted, together with the |
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| | vertical rule separating them from the particulars of the candidates. |
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| | (3) | In the directions as to printing the ballot paper— |
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| | (a) | in paragraph 2(a), for “the direction to vote for one candidate only” |
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| | there is substituted “the directions beginning “Put the number 1 next |
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| | to the name of the candidate who is your first choice” and ending “Do |
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| | not use the same number more than once.””; |
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| | (b) | in paragraph 2(b), for the words “the vertical rules separating those |
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| | particulars from the numbers on the left-hand side and the spaces on |
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| | the right” there is substituted “the vertical rule separating those |
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| | particulars from the spaces on the right”. |
|
| | (4) | In the Guidance for Voters— |
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| | (a) | for paragraph 1 there is substituted— |
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| | “1 | When you are given a ballot paper go to one of the |
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| | compartments. Put the number 1 on the ballot paper in the |
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| | box to the right of the name of the candidate who is your |
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| | first choice (or your only choice, if you want to vote for |
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| | |
| | |
| | You can also put the number 2 in the box to the right of the |
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| | name of the candidate who is your second choice, the |
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| | number 3 in the box to the right of the name of the |
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| | 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 |
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| | of candidates) as you wish.
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| | |
| | Do not use the same number more than once.”, |
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| | (b) | in paragraph 2, the words “Vote for one candidate only.” are repealed. |
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| | |
| | Amendments of other provisions of the 1983 Act |
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| | 13 | The 1983 Act is amended as follows. |
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| |
| |
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| | 14 (1) | In section 66 (requirement of secrecy), in subsection (2)(b), for “the candidate |
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| | for whom any vote is given on any particular ballot paper” there is substituted |
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| | “how any particular ballot paper has been marked”. |
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| | (2) | In subsection (3)(b) and (c) of that section, for “the candidate for whom” there |
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| | |
| | (3) | In subsection (3)(d) of that section, for “the name of the candidate for whom |
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| | he has or has not” there is substituted “how he has”. |
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| | (4) | In subsection (4)(d) of that section, for “the candidate for whom any vote is |
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| | given on any particular ballot paper” there is substituted “how any particular |
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| | ballot paper has been marked”. |
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| | (5) | In subsection (5) of that section, for “the candidate for whom” there is |
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| | |
| | (6) | Subsections (7) and (8) of that section are repealed. |
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| | (7) | The amendments made by this paragraph do not apply to a local government |
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| | election (within the meaning given by section 204(1) of the 1983 Act) in |
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| | |
| | 15 | In section 113 (bribery), in subsection (7)— |
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| | (a) | for “this section the expression” there is substituted “this section— |
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| | |
| | (b) | at the end there is inserted— |
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| | “(b) | a reference to voting or refraining from voting, in |
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| | the case of a parliamentary election, includes a |
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| | reference to marking or refraining from marking |
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| | preferences on the ballot paper; |
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| | (c) | a reference to the vote of any voter, in the case of a |
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| | parliamentary election, includes a reference to the |
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| | marking of a voter’s preferences on the ballot |
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| | |
| | 16 | In section 114 (treating), at the end there is inserted— |
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| | “(4) | Subsection (7)(b) of section 113 above has effect for the purposes |
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| | of this section as it has effect for the purposes of that one.” |
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| | 17 | In section 115 (undue influence), at the end there is inserted— |
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| | “(3) | Subsection (7)(b) of section 113 above has effect for the purposes |
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| | of this section as it has effect for the purposes of that one.”. |
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| | 18 (1) | In section 117 (savings as to parliamentary elections), in subsection (2)(b), for |
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| | “to record his vote for any particular candidate” there is substituted “to vote in |
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| | |
| | (2) | In subsection (2)(c) of that section, for “recording his vote for any particular |
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| | candidate” there is substituted “voting in any particular way”. |
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| | 19 (1) | In section 139 (trial of election petition), in subsection (6) the words “the |
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| | parliamentary elections rules or”, in both places, are repealed. |
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| | (2) | After that subsection there is inserted— |
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| | “(6A) | If the petition relates to an election conducted under the |
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| | parliamentary elections rules and it appears that there is an equality |
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| | of votes between any candidates (a ‘tie’)— |
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| | (a) | rule 49, 49A or 62 of those rules (whichever is relevant) |
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| | shall apply for the purposes of the petition; |
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| | (b) | where under rule 49 or 49A the tie fails to be resolved by |
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| | |
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| |
| |
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| | (i) | any decision made by lot by the returning officer |
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| | under that rule shall, in so far as it resolves the tie, |
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| | be effective also for the purposes of the petition, |
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| | |
| | (ii) | in so far as the tie is not resolved by such a |
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| | decision, the court shall resolve it by lot.”. |
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| | 20 | In section 165 (avoidance of election for employing corrupt agent), after |
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| | subsection (3) there is inserted— |
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| | “(3A) | In the case of a parliamentary election— |
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| | (a) | a vote shall be deemed in accordance with subsection (3) |
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| | above to be thrown away only to the extent that it indicates |
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| | a preference (whether a first preference or any other) for the |
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| | person who was under the incapacity, and |
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| | (b) | any number on the voter’s ballot paper indicating a |
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| | subsequent preference shall be treated as reduced by one.”. |
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| | 21 | In section 166 (votes to be struck off for corrupt or illegal practices), in |
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| | subsection (1), for the words from “election there shall” to the end there is |
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| | substituted “election, then on a scrutiny— |
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| | (a) | there shall be disregarded any preference for the candidate |
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| | (whether a first preference or any other) indicated by a |
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| | voter who is proved to have been so bribed, treated or |
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| | |
| | (b) | any number on the voter’s ballot paper indicating a |
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| | subsequent preference shall be treated as reduced by one.”. |
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| | 22 | In section 199B (translations etc of certain documents), in subsection (6), for |
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| | the words “in the case of a parliamentary election or” in paragraph (a) there is |
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| | |
| | “in the case of a parliamentary election, must have printed the following words |
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| | both at the top and immediately below the list of candidates: |
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| | | “Put the number 1 next to the name of the candidate who is your first |
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| | choice (or your only choice, if you want to vote for only one |
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| | |
| | You can also put the number 2 next to your second choice, 3 next to |
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| | your third choice, and so on.
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|
| | You can mark as few or as many choices (up to the number of |
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| | |
| | Do not use the same number more than once.”,
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| | |
| | |
| | |
| | Amendments of other enactments |
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| | Political Parties, Elections and Referendums Act 2000 (c. 41) |
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| | 23 | In section 3A of the 2000 Act (four Electoral Commissioners to be persons put |
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| | forward by parties), in subsection (7), for “votes cast for” there is substituted |
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| | “first-preference votes obtained by”. |
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|