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Parliamentary Voting System and Constituencies Bill, continued

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.

(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’).

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Parliamentary Voting System and Constituencies Bill, continued

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.

(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—

(e)	for a ballot paper on which a first preference vote is given for the

transferring candidate, one; and

(f)	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.

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Parliamentary Voting System and Constituencies Bill, continued

(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.

(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

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Parliamentary Voting System and Constituencies Bill, continued

(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

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.’.

Overseas constituency

Andrew Rosindell

NC18

To move the following Clause:—

‘(1)	The 1986 Act after section 1(1) there is inserted—

“(1A)

There shall for the purposes of paraliamentary elections be a constituency

named the Overseas constituency, returning a single member, for British

subjects of Overseas Territories and Crown Dependencies who have

expressed a wish to participate in United Kingdom parliamentary

elections.

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Parliamentary Voting System and Constituencies Bill, continued

(1B)	A Boundary Commission may make a report under section 3 of this Act

(Reports of the Boundary Commissions) if in its view the number of

members to be elected from the Overseas constituency should increase,

in which case references in that section to “the part of the United

Kingdom” should be disregarded.

(1C)	If a Boundary Commission mades a report under subsection (1B) of this

Act, sections 3A (Reviews and proposed recommendations by Boundary

Commissions), 4 (Orders in Council) and 5 (Notices) of this Act apply to

that report.

(1D)	Entitlement to vote in the Overseas constituency must be based on the

register prepared under section (2)(1A) of the Parliamentary Voting

System and Constituencies Act 2010.”.’.

New Schedule

Mr Angus Brendan MacNeil

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NS1

To move the following Schedule:—

The single transferable 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—

“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

Fcandidates) 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.”.

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Parliamentary Voting System and Constituencies Bill, continued

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—

“(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.

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Parliamentary Voting System and Constituencies Bill, continued

(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

(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”.

---

Revised 12 October 2010