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Notices of Amendments: 16 September 2010                

180

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

In Wales, the ballot paper shall be as follows:

 

Front of ballot paper

 
    
 

Graddiwch pa gyfundrefn o ethol aelodau i Ty’r Cyffredin sydd well

 
 

gennych chi

 
 


 
 

Rhowch pa gynfundrefyn sydd well gennych chi yn ôl trefn blaenoriaeth

 
 

(1,2,3)

 
 


 
 

Rhaid i chi farcio o leiaf un rhif ar y papur pleidleisio.

 
 


 
 

Rank your preference for the system for electing members to the House

 
 

of Commons

 
 


 
 

Please Rank in order of preference (1,2,3)

 
 

You must mark at least one number on the ballot.

 
 

Pleidlais Amgen/

  
 

Alternative Vote

  
 

Cyntaf i’r Felin/

  
 

First Past the Post

  
 

Pleidlais Sengl Drosglwddadwy/

  
 

Single Transferable Vote

  
 

In Scotland, the ballot paper shall be as follows:

 

Front of ballot paper

 
    
 

Rangaich do roghainn a thaobh an t-siostaim taghaidh buill gu Taigh nan

 
 

Cumantan

 
 


 
 

Rangaich iad a rèir do roghainn (1,2,3)

 
 


 
 

Feumaidh tu co-dhiù aon àireamh a chomharrachadh sa bhaileat.

 
 


 
 

Rank your preference for the system for electing members to the House

 
 

of Commons

 
 


 
 

Please Rank in order of preference (1,2,3)

 
 


 
 

You must mark at least one number on the ballot.

 
 

Bhòt Eadar-rognach/

  
 

Alternative Vote

  
 

A’Chiad Bhuannaiche/

  
 

First Past the Post

  
 

Bhòt Mhalairteach Shinglite/

  
 

Single Transferable Vote

  

 
 

Notices of Amendments: 16 September 2010                

181

 

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.’.

 

Mr Angus Brendan MacNeil

 

Jonathan Edwards

 

Hywel Williams

 

Mr Elfyn Llwyd

 

144

 

Clause  6,  page  4,  leave out lines 27 and 28 and insert—

 

‘(a)    

the answer “alternative vote” is selected in the referendum, and’.


 
 

Notices of Amendments: 16 September 2010                

182

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Mr Angus Brendan MacNeil

 

Jonathan Edwards

 

Hywel Williams

 

Mr Elfyn Llwyd

 

145

 

Clause  6,  page  4,  line  33,  leave out from ‘if’ to second ‘the’ in line 34 and insert

 

‘the answer “alternative vote” is not selected in the referendum’.

 

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

 

(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.


 
 

Notices of Amendments: 16 September 2010                

183

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (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;

 

(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.


 
 

Notices of Amendments: 16 September 2010                

184

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (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).

 

      (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.


 
 

Notices of Amendments: 16 September 2010                

185

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (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).

 

      (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


 
 

Notices of Amendments: 16 September 2010                

186

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

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.’.

 

Mr Jonathan Edwards

 

Hywel Williams

 

Mr Elfyn Llwyd

 

146

 

Clause  9,  page  7,  leave out lines 29 to 37.

 

Mr Jonathan Edwards

 

Mr Angus Brendan MacNeil

 

Hywel Williams

 

Mr Elfyn Llwyd

 

147

 

Clause  9,  page  8,  leave out lines 4 to 6 and insert—

 

‘(2)    

Each part of the United Kingdom shall have the same percentage of

 

constituencies or, as the case may be, Members of the House of Commons, as at

 

the date of Royal Assent.’.

 

.

 

Mr Jonathan Edwards

 

Hywel Williams

 

Mr Elfyn Llwyd

 

148

 

Clause  9,  page  9,  leave out lines 1 to 40.

 

Hywel Williams

 

Mr Elfyn Llwyd

 

Mr Jonathan Edwards

 

149

 

Clause  9,  page  7,  line  35,  leave out

 

Hywel Williams

 

Mr Elfyn Llwyd

 

Mr Jonathan Edwards

 

150

 

Clause  9,  page  8,  line  38,  at end insert—

 

‘(c)    

a constituency named Ynys Môn, comprising the area of the Cyngor Sir

 

Ynys Môn Isle of Anglesey County Council.’.


 
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