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The alternative vote system: further amendments |
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Amendments of the parliamentary elections rules |
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1 | Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as |
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2 | For rule 18 (poll to be taken by ballot) there is substituted— |
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“18 | The votes at the poll shall be given by ballot in accordance with |
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rule 37A below, the result shall be ascertained in accordance with |
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rule 45A below and the successful candidate shall be declared to |
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3 | In rule 29 (equipment of polling stations), in paragraph (5), for the words |
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after “the notice” there is substituted— |
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| “Remember—use 1, 2, 3 etc at this election—this is an election using the |
| | | | | | 15 | | 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 |
| | 20 | | | | | | Do not use the same number more than once. |
| | | | Put no other mark on the ballot paper, or your vote may not be |
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4 | In rule 44 (attendance at counting of votes), in paragraph (5), for “the |
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candidate for whom the vote is given” there is substituted “the candidates to |
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whom votes are allocated under rule 45A below”. |
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5 (1) | In rule 46 (re-count), for paragraph (1) there is substituted— |
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“(1) | At the time when any stage of the counting or re-counting of the |
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votes is completed, a candidate or candidate’s election agent who |
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is then present may request the returning officer to have the votes |
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re-counted or again re-counted in respect of any or all of the stages |
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(1A) | The returning officer may refuse to comply with a request under |
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paragraph (1) above if in the officer’s opinion it is unreasonable.” |
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(2) | In paragraph (2) of that rule, after “on the completion of” there is inserted |
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(3) | After that paragraph there is inserted— |
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“(3) | At any time before the declaration of the result, the returning |
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officer may, if the officer thinks fit, have the votes re-counted or |
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again re-counted in respect of any or all of the stages.” |
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6 (1) | In rule 47 (rejected ballot papers), in the heading there is inserted at the end |
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(2) | In paragraph (1) of that rule— |
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(a) | for sub-paragraph (b) there is substituted— |
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“(aa) | on which the number 1 has not been marked |
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against the name of any of the candidates, or |
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(b) | on which the number 1 has been marked against |
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the name of more than one candidate, or”, |
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(b) | in sub-paragraph (d), for “void for uncertainty” there is substituted |
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“is marked in a way that does not indicate a clear choice as to the |
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voter’s first (or only) preference”; |
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(c) | for the words after that sub-paragraph there is substituted “shall, |
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subject to the following provisions, be rejected as void and not |
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(3) | For paragraph (2) of that rule there is substituted— |
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“(2) | A ballot paper on which a number is marked elsewhere than in a |
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proper place shall not be deemed to be void for that reason alone. |
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(2A) | If a ballot paper is marked with the same number (other than the |
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number 1) against the name of more than one candidate, that |
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number (each time it appears) and any numbers after the repeated |
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numbers shall be ignored for the purposes of rule 45A above. |
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(a) | one or more preferences are validly marked on a ballot |
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(b) | other marks are made on the paper which do not indicate |
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a clear intention as to the voter’s next preference, |
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| those other marks shall be ignored for the purposes of rule 45A |
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(2C) | A ballot paper on which the voter makes any mark which— |
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(a) | is clearly intended to indicate a particular preference for a |
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particular candidate, but |
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(b) | is not a number (or is a number written otherwise than as |
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| shall be treated in the same way as if the appropriate number |
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(written as an arabic numeral) had been marked instead. |
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(2D) | In paragraph (2C) above a reference to a mark includes a reference |
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(2E) | Paragraphs (2B) and (2C) above apply only if the way the paper is |
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marked does not itself identify the voter and it is not shown that |
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the voter can be identified by it.” |
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(4) | After paragraph (3) of that rule there is inserted— |
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(a) | any mark on a ballot paper is ignored by reason of |
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paragraph (2A) or (2B) above, and |
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(b) | the vote in question is not reallocated in accordance with |
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rule 45A above, but would have been if the mark had been |
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treated as indicating a preference for a remaining |
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| the returning officer shall endorse the ballot paper in question |
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with the words “not reallocated” and an indication of the stage at |
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which the mark was ignored. |
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(3B) | Where the returning officer endorses a ballot paper as mentioned |
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in paragraph (3A), the officer shall add to the endorsement the |
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words “decision objected to” if an objection is made by a counting |
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(5) | In paragraph (4) of that rule— |
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(a) | for sub-paragraph (b) there is substituted— |
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“(aa) | not marking the number 1 against the name of any |
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(b) | marking the number 1 against the name of more |
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(b) | for sub-paragraph (d) there is substituted— |
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“(d) | unmarked or marked in a way that does not |
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indicate a clear choice as to the voter’s first (or |
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7 | For rule 49 (equality of votes), and the heading, there is substituted— |
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“Equality of votes: which candidate to be eliminated |
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49 (1) | This rule applies to determine which candidate is eliminated |
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under rule 45A(3) above in a case where— |
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(a) | there are two or more candidates with fewer votes than the |
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others but an equal number to each other, or |
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(b) | there are three or more candidates, or remaining |
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candidates, and they all have an equal number of votes to |
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| The candidates with an equal number of votes to each other are |
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referred to in this rule as “the tied candidates”. |
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(2) | The candidate to be eliminated where there has been a previous |
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(a) | whichever of the tied candidates was allocated the fewer |
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or fewest votes in accordance with voters’ first |
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(b) | if that fails to resolve the tie, whichever of them had the |
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fewer or fewest votes after the next stage of counting (if |
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(3) | Where there has been no previous elimination, or where there has |
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been a previous elimination but the tie is not resolved under |
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paragraph (2) above, the returning officer shall forthwith decide |
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by lot which of the tied candidates is to be eliminated. |
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Equality of votes: which candidate to be elected |
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49A (1) | This rule applies to determine which candidate is elected under |
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(a) | in a case where there are only two remaining candidates |
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and they have an equal number of votes, or |
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(b) | in the case of an election with only two candidates who |
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receive an equal number of votes. |
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(2) | Where paragraph (1)(a) applies, the candidate to be elected is— |
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(a) | whichever of the remaining candidates was allocated the |
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more votes in accordance with voter’s first preferences, or |
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(b) | if that fails to resolve the tie, whichever of them had the |
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more votes after the next stage of counting (if any), |
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(3) | Where paragraph (1)(a) above applies but the tie is not resolved |
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under paragraph (2) above, or where paragraph (1)(b) above |
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applies, the returning officer shall forthwith decide by lot which of |
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the two candidates is to be elected.” |
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8 | In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to |
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(c) there is substituted— |
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“(a) | declare the number of votes obtained by each candidate |
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(including any reallocated in accordance with rule 45A |
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above), starting with the candidate with the fewest and |
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proceeding in order to the candidate with the most; |
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(aa) | declare which is the candidate who (in accordance with |
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(ab) | declare the stage at which each eliminated candidate was |
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eliminated and the stage at which the elected candidate |
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(b) | return the name of the elected candidate to the Clerk of the |
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(c) | give public notice of the name of the elected candidate, the |
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number of rejected ballot papers under each head shown |
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in the statement of rejected ballot papers, the number of |
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votes allocated to each candidate in accordance with |
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voters’ first preferences, and for each subsequent stage of |
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(i) | the name of the eliminated candidate, |
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(ii) | the number of votes reallocated to each of the |
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remaining candidates, and |
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(iii) | the number of votes of the candidate eliminated at |
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the previous stage that were not reallocated.” |
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9 | In rule 53 (return or forfeiture of candidate’s deposit), in paragraph (4), for |
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the words after “is completed,” there is substituted “the number of first- |
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preference votes obtained by the candidate is found to be not more than one- |
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twentieth of the total number of first-preference votes obtained by all the |
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10 (1) | In rule 61 (deceased independent candidate wins), in paragraph (1), for “the |
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majority of votes is given to the deceased candidate” there is substituted “the |
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deceased candidate would have been elected (in accordance with rule 45A |
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(2) | In paragraph (2) of that rule, for sub-paragraph (a) there is substituted— |
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“(a) | declare the number of votes obtained by each candidate |
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(including any reallocated in accordance with rule 45A |
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above), starting with the candidate with the fewest and |
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proceeding in order to the candidate with the most, |
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(aa) | declare that the deceased candidate would have been |
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elected had he not died,”. |
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(3) | For sub-paragraph (c) of that paragraph there is substituted— |
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“(c) | give public notice of the number of rejected ballot papers |
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under each head shown in the statement of rejected ballot |
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papers, the number of votes allocated to each candidate in |
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accordance with voters’ first preferences, and for each |
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subsequent stage of counting— |
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(i) | the name of the candidate eliminated, |
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(ii) | the number of votes reallocated to each of the |
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remaining candidates, and |
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(iii) | the number of votes of the candidate eliminated at |
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the previous stage that were not reallocated.” |
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11 (1) | For rule 62 (deceased independent candidate with equality of votes) there is |
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“62 (1) | This rule applies in relation to an election mentioned in rule 60(1) |
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(2) | The reference in rule 45A(3) above to the candidate with the fewest |
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(a) | there are two or more candidates with fewer votes than the |
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others but an equal number to each other, and |
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(b) | one of them is a deceased candidate, |
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| shall be taken as a reference to the deceased candidate. |
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(3) | The reference in rule 45A(4) or (5) above to the candidate with |
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more votes than the other remaining candidates put together, in a |
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(a) | there are only two remaining candidates, |
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(b) | those two candidates have an equal number of votes, and |
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(c) | one of them is a deceased candidate, |
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| shall be taken as a reference to the candidate other than the |
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(4) | Where paragraph (2) or (3) above applies, it applies in place of rule |
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12 (1) | The Appendix of forms is amended as follows. |
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(2) | In the Form of Front of Ballot Paper— |
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(a) | for “VOTE FOR ONE CANDIDATE ONLY” there is substituted— |
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| “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. |
| | 5 | | You can mark as few or as many choices (up to the number of |
| | | | | | | | Do not use the same number more than once.” |
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(b) | the numbers on the left-hand side are omitted, together with the |
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vertical rule separating them from the particulars of the candidates. |
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(3) | In the directions as to printing the ballot paper— |
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(a) | in paragraph 2(a), for “the direction to vote for one candidate only” |
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there is substituted “the directions beginning “Put the number 1 next |
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to the name of the candidate who is your first choice” and ending |
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“Do not use the same number more than once.””; |
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(b) | in paragraph 2(b), for the words “the vertical rules separating those |
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particulars from the numbers on the left-hand side and the spaces on |
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the right” there is substituted “the vertical rule separating those |
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particulars from the spaces on the right”. |
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(4) | In the Guidance for Voters— |
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(a) | for paragraph 1 there is substituted— |
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| | 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). |
| | 25 | | | 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 |
| | | | | | | | | | You can mark as few or as many choices (up to the number of |
| | 30 | | | | | | | | Do not use the same number more than once.” |
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(b) | in paragraph 2, the words “Vote for one candidate only.” are |
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Amendments of other provisions of the 1983 Act |
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13 | The 1983 Act is amended as follows. |
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14 (1) | In section 66 (requirement of secrecy), in subsection (2)(b), for “the candidate |
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for whom any vote is given on any particular ballot paper” there is |
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substituted “how any particular ballot paper has been marked”. |
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(2) | In subsection (3)(b) and (c) of that section, for “the candidate for whom” |
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there is substituted “how”. |
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(3) | In subsection (3)(d) of that section, for “the name of the candidate for whom |
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he has or has not” there is substituted “how he has”. |
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(4) | In subsection (4)(d) of that section, for “the candidate for whom any vote is |
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given on any particular ballot paper” there is substituted “how any |
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particular ballot paper has been marked”. |
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(5) | In subsection (5) of that section, for “the candidate for whom” there is |
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(6) | Subsections (7) and (8) of that section are repealed. |
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(7) | The amendments made by this paragraph do not apply to a local |
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government election (within the meaning given by section 204(1) of the 1983 |
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15 | In section 113 (bribery), in subsection (7)— |
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(a) | for “this section the expression” there is substituted “this section— |
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(b) | at the end there is inserted— |
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“(b) | a reference to voting or refraining from voting, in the |
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case of a parliamentary election, includes a reference |
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to marking or refraining from marking preferences on |
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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 paper.” |
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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 of |
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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 of |
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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 |
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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) shall |
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apply for the purposes of the petition; |
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(b) | where under rule 49 or 49A the tie falls to be resolved by lot— |
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