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Notices of Amendments: 16 September 2010                

201

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(c)    

a reference to the vote of any voter, in the case of a

 

parliamentary election, includes a reference to the

 

marking of a voter’s preferences on the ballot

 

paper.”.

 

16         

In section 114 (treating), at the end there is inserted—

 

  “(4)  

Subsection (7)(b) of section 113 above has effect for the purposes

 

of this section as it has effect for the purposes of that one.”

 

17         

In section 115 (undue influence), at the end there is inserted—

 

  “(3)  

Subsection (7)(b) of section 113 above has effect for the purposes

 

of this section as it has effect for the purposes of that one.”.

 

18  (1)  

In section 117 (savings as to parliamentary elections), in subsection (2)(b), for

 

“to record his vote for any particular candidate” there is substituted “to vote in

 

any particular way”.

 

      (2)  

In subsection (2)(c) of that section, for “recording his vote for any particular

 

candidate” there is substituted “voting in any particular way”.

 

19  (1)  

In section 139 (trial of election petition), in subsection (6) the words “the

 

parliamentary elections rules or”, in both places, are repealed.

 

      (2)  

After that subsection there is inserted—

 

“(6A)  

If the petition relates to an election conducted under the

 

parliamentary elections rules and it appears that there is an equality

 

of votes between any candidates (a ‘tie’)—

 

(a)    

rule 49, 49A or 62 of those rules (whichever is relevant)

 

shall apply for the purposes of the petition;

 

(b)    

where under rule 49 or 49A the tie fails to be resolved by

 

lot—

 

(i)    

any decision made by lot by the returning officer

 

under that rule shall, in so far as it resolves the tie,

 

be effective also for the purposes of the petition,

 

and

 

(ii)    

in so far as the tie is not resolved by such a

 

decision, the court shall resolve it by lot.”.

 

20         

In section 165 (avoidance of election for employing corrupt agent), after

 

subsection (3) there is inserted—

 

“(3A)  

In the case of a parliamentary election—

 

(a)    

a vote shall be deemed in accordance with subsection (3)

 

above to be thrown away only to the extent that it indicates

 

a preference (whether a first preference or any other) for the

 

person who was under the incapacity, and

 

(b)    

any number on the voter’s ballot paper indicating a

 

subsequent preference shall be treated as reduced by one.”.

 

21         

In section 166 (votes to be struck off for corrupt or illegal practices), in

 

subsection (1), for the words from “election there shall” to the end there is

 

substituted “election, then on a scrutiny—

 

(a)    

there shall be disregarded any preference for the candidate

 

(whether a first preference or any other) indicated by a

 

voter who is proved to have been so bribed, treated or

 

unduly influenced, and

 

(b)    

any number on the voter’s ballot paper indicating a

 

subsequent preference shall be treated as reduced by one.”.


 
 

Notices of Amendments: 16 September 2010                

202

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

22         

In section 199B (translations etc of certain documents), in subsection (6), for

 

the words “in the case of a parliamentary election or” in paragraph (a) there is

 

substituted—

 

“in the case of a parliamentary election, must have printed the following words

 

both at the top and immediately below the list of candidates:

 

    

“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.”,

 

 

(aa)    

in the case of”.

 

Part 3

 

Amendments of other enactments

 

Political Parties, Elections and Referendums Act 2000 (c. 41)

 

23         

In section 3A of the 2000 Act (four Electoral Commissioners to be persons put

 

forward by parties), in subsection (7), for “votes cast for” there is substituted

 

“first-preference votes obtained by”.

 

24         

In section 1 of the 1986 Act (Parliamentary constituencies) in subsection (1),

 

for “a single member” there is substituted “no fewer than three members

 

except for constituencies named in Schedule 2, rule 6 of this Act”’.

 


 
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