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Notices of Amendments: 16 September 2010                

194

 

Parliamentary Voting System and Constituencies Bill, continued

 
  

‘In paragraph (5), for “a particular election” substitute

 
  

“the referendum”.’.

 
 

The Deputy Prime Minister

 

195

 

Schedule  4,  page  131,  line  12,  leave out ‘39(4)’ and insert ‘39(4)(b) and (5)’.

 

The Deputy Prime Minister

 

196

 

Schedule  5,  page  136,  line  38,  leave out ‘or the responsible person’.

 

The Deputy Prime Minister

 

197

 

Schedule  5,  page  136,  line  44,  leave out ‘or the responsible person’.

 

The Deputy Prime Minister

 

198

 

Schedule  6,  page  147,  line  18,  leave out ‘45A(4) or (5) above in’ and insert ‘45A

 

above—

 

.

 

(a)    

in’.

 

The Deputy Prime Minister

 

199

 

Schedule  6,  page  147,  line  19,  at end insert—

 

‘(b)    

in the case of an election with only two candidates who receive an

 

equal number of votes.’.

 

The Deputy Prime Minister

 

200

 

Schedule  6,  page  147,  line  20,  at beginning insert ‘Where paragraph (1)(a)

 

applies,’.

 

The Deputy Prime Minister

 

201

 

Schedule  6,  page  147,  line  26,  leave out from ‘Where’ to second ‘the’ and insert

 

‘paragraph (1)(a) above applies but the tie is not resolved under paragraph (2) above, or

 

where paragraph (1)(b) above applies,’.

 

The Deputy Prime Minister

 

202

 

Schedule  6,  page  147,  line  28,  leave out ‘remaining’ and insert ‘two’.

 

Mr Mark Field

 

203

 

Clause  9,  page  8,  line  32,  leave out subsection (6).


 
 

Notices of Amendments: 16 September 2010                

195

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

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—

 

“Rememberuse 1, 2, 3, etc... at this electionthis 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

 
 

candidates) as you wish.

 
 

Do not use the same number more than once.

 
 

Put no other mark on the ballot paper, or your vote may not

 
 

be counted.”.

 
 

4          

In rule 44 (attendance at counting of votes), in paragraph (5), for “the candidate

 

for whom the vote is given” there is substituted “the candidates to whom votes

 

are allocated under rule 45A below”.

 

5    (1)  

In rule 46 (re-count), for paragraph (1) there is substituted—

 

  “(1)  

At the time when any stage of the counting or re-counting of the

 

votes is completed, a candidate or candidate’s election agent who is

 

then present may request the returning officer to have the votes re-

 

counted or again re-counted in respect of any or all of the stages so

 

far completed.

 

    (1A)  

The returning officer may refuse to comply with a request under

 

paragraph (1) above if in the officer’s opinion it is unreasonable.”.

 

      (2)  

In paragraph (2) of that rule, after “on the completion of” there is inserted “any

 

stage of”.

 

      (3)  

After that paragraph there is inserted—


 
 

Notices of Amendments: 16 September 2010                

196

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

  “(3)  

At any time before the declaration of the result, the returning officer

 

may, if the officer thinks fit, have the votes re-counted or again re-

 

counted in respect of any or all of the stages.”.

 

6    (1)  

In rule 47 (rejected ballot papers), in the heading there is inserted at the end

 

“and invalid markings”.

 

      (2)  

In paragraph (1) of that rule—

 

(a)    

for sub-paragraph (b) there is substituted—

 

“(aa)    

on which the number 1 has not been marked

 

against the name of any of the candidates, or

 

(b)    

on which the number 1 has been marked against

 

the name of more than one candidate, or”,

 

(b)    

in sub-paragraph (d), for “void for unertainty” there is substituted “is

 

marked in a way that does not indicate a clear choice as to the voter’s

 

first (or only) preference”;

 

(c)    

for the words after that sub-paragraph there is substituted “shall,

 

subject to the following provisions, be rejected as void and not

 

counted at any stage.”.

 

      (3)  

For paragraph (2) of that rule there is substituted—

 

  “(2)  

A ballot paper on which a number is marked elsewhere than in a

 

proper place shall not be deemed to be void for that reason alone.

 

    (2A)  

If a ballot paper is marked with the same number (other than the

 

number 1) against the name of more than one candidate, that

 

number (each time it appears) and any numbers after the repeated

 

numbers shall be ignored for the purposes of rule 45A above.

 

    (2B)  

If—

 

(a)    

one or more preferences are validly marked on a ballot

 

paper, and

 

(b)    

other marks are made on the paper which do not indicate a

 

clear intention as to the voter’s next preference,

 

            

those other marks shall be ignored for the purposes of rule 45A

 

above.

 

    (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),

 

            

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 2(C) above apply only if the way the paper is

 

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

 

paragraph (2A) or (2B) above, and


 
 

Notices of Amendments: 16 September 2010                

197

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(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,

 

            

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 endoresement the 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

 

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

 

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 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

 

each other.

 

            

The candidates with an equal nunber 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 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),

 

            

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.


 
 

Notices of Amendments: 16 September 2010                

198

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

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—

 

(a)    

whichever of the remaining candidates was allocated the

 

more votes in accordance with voters’ 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.

 

      (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 —

 

“(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 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

 

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 voters’ first

 

preferences, and for each subsequent stage of counting—

 

(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 of forfeiture of candidate’s deposit), in paragraph (4), for 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

 

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

 

(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,”.


 
 

Notices of Amendments: 16 September 2010                

199

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (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

 

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

 

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.

 

      (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,

 

            

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,

 

(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 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—

 

      (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 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

 

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 “Do

 

not use the same number more than once.””;


 
 

Notices of Amendments: 16 September 2010                

200

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(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”.

 

      (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 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.

 


 

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.

 

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 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”.

 

      (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”.

 

      (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)—

 

(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 to marking or refraining from marking

 

preferences on the ballot paper;


 
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