Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
285

Schedule 10
Section 9

The alternative 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
5
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 accordance with
rule 45A below and the successful candidate shall be declared to
10
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

alternative vote system.

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

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
25
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
30
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.”
35
      (2)
In paragraph (2) of that rule, after “on the completion of” there is inserted
“any stage of”.

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
286

      (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
5
“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
10
(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 uncertainty” there is substituted
“is marked in a way that does not indicate a clear choice as to the
voter’s first (or only) preference”;
15
(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
20
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.
25
     (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,
30

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
35
(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
40
to more than one mark.
     (2E)
Paragraphs (2B) and (2C) 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.”

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
287

      (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
5
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
10
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 endorsement the
words “decision objected to” if an objection is made by a counting
agent to the decision.”
15
      (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
20
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.”
25
7
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
30
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 number of votes to each other are
35
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
40
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.
45
      (3)
Where there has been no previous elimination, or where there has
been a previous elimination but the tie is not resolved under

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
288

paragraph (2) above, the returning officer shall forthwith decide
by lot which of the tied candidates is to be eliminated.
Equality of votes: which candidate to be elected
49A   (1)
This rule applies to determine which candidate is elected under
rule 45A above—
5
(a)
in a case where there are only two remaining candidates
and they have an equal number of votes, or
(b)
in the case of an election with only two candidates who
receive an equal number of votes.
      (2)
Where paragraph (1)(a) applies, the candidate to be elected is—
10
(a)
whichever of the remaining candidates was allocated the
more votes in accordance with voter’s 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.
15
      (3)
Where paragraph (1)(a) above applies but the tie is not resolved
under paragraph (2) above, or where paragraph (1)(b) above
applies, the returning officer shall forthwith decide by lot which of
the two candidates is to be elected.”
8
In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to
20
(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;
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(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;
30
(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
35
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
40
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 or forfeiture of candidate’s deposit), in paragraph (4), for
the words after “is completed,” there is substituted “the number of first-
45
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.”

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
289

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—
5
“(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
10
elected had he not died,”.
      (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
15
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
20
(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)
25
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
30
(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—
35
(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.
40
      (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—

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 2 — Amendments of other provisions of the 1983 Act
290

(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.

5

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.
10
      (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.””;
15
(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—
20
(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).

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

choice, and so on.

You can mark as few or as many choices (up to the number of

30

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
35
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”.
40

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 2 — Amendments of other provisions of the 1983 Act
291

      (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
5
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.
10
      (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—
15
(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
20
the ballot paper;
(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—
25
“(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.”
30
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”.
35
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
40
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 falls to be resolved by lot—