Royal Court (Amendment No. 12) (Jersey) Law 2010

Royal Court (Amendment No. 12) (Jersey) Law 2010

A LAW to amend further the Royal Court (Jersey) Law 1948.

Adopted by the States                                                31st March 2009

Sanctioned by Order of Her Majesty in Council       31st March 2010

Registered by the Royal Court                                     16th April 2010

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Article 4 amended

For Article 4(13) to (18) of the Royal Court (Jersey) Law 1948[1] there shall be substituted the following paragraphs –

“(13)  The meeting shall be held in public.

(14)    One or more secret ballots shall be held for each vacancy in accordance with the procedure described in this Article until a candidate has more than half of the votes cast in a ballot or more than half of the votes following a vote by the Bailiff as described in paragraph (18C).

(15)    Each member of the Electoral College shall have one vote in each ballot.

(16)    The Bailiff shall not vote other than in the circumstances described in paragraphs (18B) and (18C).

(17)    The Bailiff shall examine the voting papers following each ballot and shall forthwith, in the presence of the members of the Electoral College and of the public present at the meeting, declare the result of each ballot.

(18)    If no candidate receives more than half the votes cast in any ballot and the result of that ballot is that –

(a)     there is a single candidate with the fewest votes, the procedure in paragraph (18A) shall be followed;

(b)     there are 2 or more candidates with equally the fewest votes and at least one other candidate, the procedure in paragraph (18B) shall be followed; or

(c)     there are only 2 candidates and they have equal numbers of votes, the procedure in paragraph (18C) shall be followed.

(18A) The procedure referred to in paragraph (18)(a) is that the single candidate with the fewest votes shall withdraw from the election and a further ballot shall be held for the remaining candidates.

(18B) The procedure referred to in paragraph (18)(b) is that a further ballot shall be held for the 2 or more candidates with equally the fewest votes, following which –

(a)     if there is a single candidate with the fewest votes, that candidate shall withdraw from the election and a further ballot shall be held for all the remaining candidates in the election;

(b)     if there are 2 candidates with equally the fewest votes –

(i)      the Bailiff shall vote for one of those candidates,

(i)      the other candidate shall withdraw from the election, and

(iii)     a further ballot shall be held for all the remaining candidates in the election; or

(c)     if there are more than 2 candidates with equally the fewest votes, a further ballot shall be held for those candidates only, and –

(i)      if that ballot results in a single candidate with the fewest votes, that candidate shall withdraw from the election, or

(ii)      if that ballot results in 2 or more candidates with equally the fewest votes, the Bailiff shall vote for one of the candidates and the other of those candidates with equally the fewest votes shall withdraw from the election,

and a further ballot shall be held for all the remaining candidates in the election.

(18C) The procedure referred to in paragraph (18)(c) is that –

(a)     a further ballot must be held; and

(b)     if the further ballot results in the 2 candidates again having an equal number of votes, the Bailiff shall vote for one of those candidates.

(18D)When a candidate has received more than half of the votes cast in a ballot (other than a ballot for only 2 or more candidates with equally the fewest votes) or following the Bailiff’s vote as described in paragraph (18C), the Bailiff shall declare that candidate elected to the office of Jurat.”.

2        Citation and commencement

This Law may be cited as the Royal Court (Amendment No. 12) (Jersey) Law 2010 and shall come into force 7 days after it is registered.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 07.770


Page Last Updated: 04 Jun 2015