Arrangement

A LAW to amend further the Public Elections (Jersey) Law 2002

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

“4      Disqualification of certain offenders

(1)     A convicted person, during the time that he or she is –

(a)     detained in a prison or other penal institution in pursuance of a sentence of imprisonment for a period exceeding 4 years; or

(b)     unlawfully at large when he or she would otherwise be so detained in pursuance of a sentence of imprisonment for any period,

is legally incapable of voting at a public election.

(2)     For the purposes of this Article –

(a)     ‘convicted person’ means any person found guilty in Jersey or elsewhere of an offence (whether under the law of Jersey or another place), including a person found guilty by a court-martial or other court or tribunal applying any law applicable to armed services;

(b)     a person detained for default in complying with his or her sentence shall not be treated as detained in pursuance of the sentence, whether or not the sentence provided for detention in the event of default;

(c)     a person detained by virtue of a conditional pardon in respect of an offence shall be treated as detained in pursuance of his or her sentence for the offence; and

(d)     it does not matter whether the person has been convicted or sentenced before or after this Article comes into force.

4A     Voting by prisoners not disqualified under Article 4

(1)     This Article applies to persons who –

(a)     are detained (whether following conviction or otherwise) in a prison or other penal institution; and

(b)     are not disqualified under Article 4.

(2)     A person to whom this Article applies may vote in a public election only –

(a)     by postal vote, in accordance with Part 7; or

(b)     pursuant to measures taken by an Autorisé or Adjoint under Article 35.”.

“(3)    For the purposes of paragraph (1)(c) –

(a)     a person is not to be treated as ordinarily resident in Jersey if the person becomes resident in Jersey only in pursuance of a sentence of imprisonment; and

(b)     in relation to any person who, before being detained in a prison or other penal institution pursuant to a sentence of imprisonment, was not entitled to have his or her name included on the electoral registers, the calculation of a period of ordinary residence shall not include any period during which the person is so detained.”.

“Measures to assist voting by certain persons who are ill, disabled etc.”.

“(1)    In the case of a person who is –

(a)     entitled to vote; but

(b)     prevented from voting by reason that he or she is ill, disabled, illiterate or in custody,

the Autorisé or an Adjoint may take such measures as he or she considers appropriate for taking the person’s vote on the day the poll is open, provided secrecy in voting is maintained.”.

“(a)    the person is likely to be out of Jersey during the hours of polling;

(b)     the person is, or will on the day of a poll for a public election be, detained in a prison or other penal institution and entitled to vote in that election only by virtue of Article 4A; or

(c)     the person’s name and address are omitted from the electoral register under Article 9.”.

“(4)    Where the Judicial Greffier receives an application after any closing time notified to the public under Article 40(3)(a), the Judicial Greffier may, if he or she considers there are exceptional circumstances which justify doing so, accept the application and treat it as properly made for the purposes of this Part.”.