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| |
| |
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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| | parliamentary elections rules or”, in both places, are repealed.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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| | |
| | (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— |
|
| | “(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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| | 24 | In section 1 of the 1986 Act (Parliamentary constituencies) in subsection (1), |
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| | for “a single member” there is substituted “no fewer than three members |
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| | except for constituencies named in Schedule 2, rule 6 of this Act”’. |
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| |
|