Arrangement

A LAW to amend further the Public Elections (Jersey) Law 2002, the States of Jersey Law 2005, the Public Elections (Expenditure and Donations) (Jersey) Law 2014 and the Connétables (Jersey) Law 2008

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

“ ‘counting station’ means a polling station designated, or taken to have been designated, under Article 47, as the location, or one of the locations, for the count of votes in a public election;”;

“ ‘principal Autorisé’ shall be construed in accordance with Article 17(2A), (2B) and (2C);”;

“(7)    Where, under this Article, a person’s name and address is omitted from, reinstated in, or added to, the electoral register by the electoral administrator –

(a)     the electoral administrator shall ensure that, as may be needed for the purposes of this Article, the change is also made in the most recent, and any previous, copy of the electoral register provided under Article 11(2); and

(b)     any person to whom a copy has been provided under Article 11(2) shall comply with any direction given by the electoral administrator for the purposes of sub-paragraph (a).”.

“(2A) Where there is only one electoral district in a constituency, the Autorisé appointed for the poll in that electoral district is also the principal Autorisé in relation to the election.

(2B)   Where there are 2 or more electoral districts in a constituency, and the constituency is a parish, the order made by the Royal Court shall also designate which of the Autorisés appointed for the electoral districts in the parish is to be the principal Autorisé in relation to the election.

(2C)   In the case of a public election for one or more Senators, the Royal Court shall also designate one Autorisé in each parish as the principal Autorisé for that parish in relation to the election.”;

“(3A) Where an Autorisé designated under paragraph (2B) or (2C) is unable to discharge the duties of principal Autorisé, the Royal Court may designate another Autorisé as principal Autorisé.”.

“(b)    the declaration shall be signed by –

(i)      the prospective candidate, and

(ii)      2 persons (of whom one may be the prospective candidate) who are registered officeholders of the registered political party.”.

“(4CA)      The name of the prospective candidate to be shown on the document produced under paragraph (4) shall be his or her full forename and surname, but the prospective candidate may further declare in that document any other name –

(a)     by which he or she is commonly known; and

(b)     by which he or she wishes to be identified on the ballot paper.

(4CB) A name declared by a candidate under paragraph (4CA) shall be the name to be used, for the purposes of the poll, in respect of that candidate under Articles 22 and 24 unless, in the opinion of the person presiding at the nomination meeting –

(a)     the use of the declared name would be likely to mislead or confuse voters in the election; or

(b)     the declared name is obscene or offensive.”.

“(c)    the name (being the candidate’s full forename and surname, and any name declared by the candidate under Article 20(4CA)) and address of each candidate.”.

“(A1) A candidate may, between the day of his or her nomination and the day fixed for the poll, withdraw his or her candidacy by notifying the Royal Court in writing.”.

“(a)    for each candidate, the candidate’s full forename, surname and address (together with any name declared by a candidate under Article 20(4CA));”.

“(b)    in alphabetical order or such other manner as may be prescribed, show the name of each candidate, being the candidate’s full forename and surname or (as the case may be) the name declared by the candidate under Article 20(4CA);”.

“30    Opening and closing of poll

(1)     This Article applies in every public election.

(2)     The poll shall open at 8 a.m.

(3)     At 8 p.m. on the day of the poll, the Autorisé (or Adjoint) in charge of a polling station shall ask in a loud voice outside the polling station whether there are other persons who wish to vote.

(4)     Ten minutes after the question required by paragraph (3) has been asked, the Autorisé (or Adjoint) shall, subject to paragraph (5), declare the poll closed in that polling station.

(5)     If, 10 minutes after the question required by paragraph (3) has been asked, there are still persons queueing in or outside the polling station to vote, the Autorisé (or Adjoint) shall wait until they have voted before declaring the poll closed in that polling station.

(6)     The States may, by Regulations, amend the expressions of time in paragraphs (2), (3) and (4).”.

“(A1) The Autorisé (or Adjoint) in charge of a polling station shall ensure that a ballot paper has been stamped on the front with an official stamp, in such form as the States may prescribe by Regulations, before the ballot paper is given to a person pursuant to paragraph (1) or (2A).”.

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

(1)     An Autorisé or Adjoint may take such measures as he or she considers appropriate for taking the vote of a person entitled to vote in a public election if the person is prevented from voting by reason that he or she is –

(a)     ill, disabled, illiterate or in custody; or

(b)     the carer of a person who is ill or disabled.

(2)     A request for an Autorisé or an Adjoint to take measures under paragraph (1) for the taking of a person’s vote must be made no later than 3 hours before the poll closes.

(3)     The measures taken for taking the person’s vote –

(a)     must maintain secrecy in voting; and

(b)     may include a visit to the person for the purpose of delivering a ballot paper to the person, attending whilst the person records his or her vote on it, and bringing the ballot paper back to the polling station and placing it in the ballot box.”.

“(1B) The Judicial Greffier shall ensure that a ballot paper has been stamped on the front with an official stamp, in such form as the States may prescribe by Regulations, before the ballot paper is given to a person pursuant to paragraph (2) or (5).”.

“(11)  In the case of a person entitled to vote in a public election who is prevented from voting by reason that he or she is –

(a)     ill, disabled, or illiterate; or

(b)     the carer of a person who is ill or disabled,

the Judicial Greffier shall take such measures as he or she considers appropriate for taking the person’s pre-poll vote.

(12)    Notwithstanding paragraph (1), the measures referred to in paragraph (11) –

(a)     must be taken before the time mentioned in paragraph (1);

(b)     must maintain secrecy in voting; and

(c)     may include a visit to the person for the purpose of the person pre-poll voting at a place other than a location provided by the Judicial Greffier under Article 40.”.

“47    Designation of counting stations

(1)     Where there is one electoral district in the constituency in which the public election is held, and one polling station in that electoral district, that polling station shall be taken to have been designated as the location for the count of the votes in that election.

(2)     Where there is one electoral district in the constituency in which a public election is held, and 2 or more polling stations in the electoral district, the principal Autorisé shall designate one or more of the polling stations in the electoral district as locations for the count of the votes in that election.

(3)     Where there are 2 or more electoral districts in the constituency in which a public election is held, and the constituency is a parish, the principal Autorisé shall designate one or more of the polling stations in those electoral districts as locations for the count of the votes in that election.

(4)     In the case of a public election for one or more Senators, the principal Autorisé designated in a parish shall designate one or more of the polling stations in the electoral districts in the parish as locations for the count of the votes cast in the parish in that election.

(5)     Before making a designation under paragraph (2), (3) or (4), the principal Autorisé must consult the electoral administrator for the parish and the Autorisés for other electoral districts in the constituency (if any).

(6)     Where votes cast at a polling station are not to be counted there, the designation under paragraph (2), (3) or (4) must specify the counting station at which the votes from that polling station are to be counted.

(7)     A designation under paragraph (2), (3) or (4) must be notified to the candidates in the election, and made public, in such a way as is likely to bring it to the attention of voters in the poll, no later than 7 days before the day of the poll.

47A   Supervision of polling station after close of poll

(1)     The Autorisé (or Adjoint) in charge of a polling station shall have control over it, and its immediate vicinity, whilst the requirements of this Part are complied with.

(2)     The Autorisé (or Adjoint) may give such reasonable directions and take such reasonable measures as are necessary within the polling station, and its immediate vicinity, to ensure that procedures conducted under this Part are not disrupted, impeded or interfered with and that the requirements of this Part are otherwise met.

48      Procedures at polling station after close of the poll

(1)     Where votes may be cast at a polling station in 2 or more public elections, or in one or more public elections and a referendum, the Autorisé (or Adjoint) in charge of a polling station may, after the close of the poll –

(a)     open the ballot boxes; and

(b)     transfer any vote that has been placed in a ballot box that is being used for a public election or referendum other than that in which the vote is cast from that ballot box to the ballot box that is being used for the public election or referendum in which the vote is cast.

(2)     Ballot boxes shall be opened and votes transferred under paragraph (1) in the presence of –

(a)     any candidates in any of those elections for whom a vote could have been cast in that electoral district and who wish to be present; and

(b)     any of their representatives duly appointed under Article 28 who wish to be present.

(3)     In paragraphs (1) and (2) –

‘ballot box’ includes a ballot box being used in a referendum;

‘referendum’ means a referendum held under the Referendum (Jersey) Law 2002[2].

(4)     In any public election, the Autorisé (or Adjoint) in charge of a polling station shall, after the close of the poll and after any transfer of votes permitted by paragraph (1) has taken place –

(a)     seal the ballot boxes so as to prevent the introduction of additional ballot papers; and

(b)     place the booklets containing the unused ballot papers and their counterfoils, the counterfoils of the used ballot papers, the spoilt ballot papers and their counterfoils and the copies of the electoral register used at the polling station in packages and seal them.

(5)     The Autorisé (or Adjoint) shall sign each package prepared under paragraph (4)(b) and indicate on it –

(a)     the office for which the public election is held;

(b)     the name of the polling station and date of the poll;

(c)     the names of the candidates; and

(d)     the contents of the package.

(6)     In a case where a polling station is not also the counting station, the Autorisé (or Adjoint) in charge of that polling station shall forthwith forward the ballot boxes, and the packages prepared under paragraph (4)(b), to the Autorisé in charge of the counting station at which the votes in those ballot boxes are to be counted.

49      Counting

(1)     The Autorisé (or Adjoint) in charge of a counting station must satisfy himself or herself that he or she has all the ballot boxes used and all the packages prepared under Article 48(4)(b), in a public election, for the votes in that public election that are to be counted at that station.

(2)     Once satisfied, the Autorisé (or Adjoint) shall proceed to the count.

(3)     As part of the count, the Autorisé (or Adjoint) shall determine –

(a)     the number of ballot papers in the ballot boxes (whether valid or invalid); and

(b)     the number of counterfoils of used ballot papers.

(4)     If the Autorisé (or Adjoint) decides that it is not possible to proceed to the count immediately, the Autorisé (or Adjoint) shall –

(a)     ensure that the ballot boxes and associated packages for the votes in that election that are to be counted at that counting station are kept secure from interference until such time as it is possible to commence the count, in accordance with this Article; and

(b)     inform the persons entitled under paragraph (5) to be present at the count of the time when the count shall commence.

(5)     The count shall be carried out in the presence of –

(a)     any candidates for whom a vote could have been cast in an electoral district from which the votes are to be counted at the counting station and who wish to be present at the count; and

(b)     any of their representatives duly appointed under Article 28 that wish to be present at the count.

(6)     Adjoints shall assist the Autorisé (or Adjoint) in charge of a counting station in the count.

(7)     The ballot boxes shall be opened, and the ballot papers in them shall be counted, in such a way that the serial numbers on the ballot papers cannot be seen.

50      Recording the numbers at a counting station

(1)     The following numbers shall be determined and recorded by the Autorisé (or Adjoint) in charge of a counting station, in relation to the votes counted at that station in a public election –

(a)     the number of valid votes obtained by each candidate;

(b)     the number of invalid ballot papers; and

(c)     the number of valid ballot papers.

(2)     The used ballot papers shall be arranged in 2 groups, depending on whether they are valid or invalid, then the groups shall be placed in packages and each package shall be sealed, signed by the Autorisé (or Adjoint) and marked with –

(a)     the office for which the public election is held;

(b)     the date of the poll;

(c)     the names of the candidates;

(d)     the number and character of the ballot papers that it encloses;

(e)     the names of the polling stations from which the votes have been counted at the counting station; and

(f)      the name of the counting station.”.

“(b)    if it does not bear the stamp referred to in Article 32(A1), 42(1B) or 43(2)(b);”.

“52    Result in election for one or more Senators

(1)     This Article applies to a public election for one or more Senators.

(2)     An Autorisé (or Adjoint) in charge of a counting station who is not the principal Autorisé in relation to the election shall forthwith forward to the principal Autorisé –

(a)     the packages prepared under Article 50(2); and

(b)     the packages prepared under Article 48(4)(b), associated with the votes counted in that election at the counting station.

(4)     Once satisfied, the principal Autorisé shall add the results of the counts in the parish.

(5)     The principal Autorisé shall then inform such of the candidates and their representatives as are present of the votes recorded in the counts in the parish and show them the spoilt ballot papers.

(6)     Persons who were entitled to vote in the election in the parish who wish to attend shall then be admitted into the counting station at which the principal Autorisé is in charge.

(7)     The principal Autorisé shall announce the number of valid votes recorded for each candidate in the count in the parish.

(8)     The principal Autorisé shall inform the Judicial Greffier of the numbers so announced.

(9)     The Judicial Greffier shall –

(a)     add the results of the counts in each parish and determine the result of the election;

(b)     at 4 p.m. on the day following the poll, at the Judicial Greffe, inform such of the candidates and their representatives as are then present, of the results of the election; and

(c)     if no request for a recount is made under Article 52AA or, after a recount has been conducted, the Judicial Greffier shall announce the results of the election and declare the total number of votes cast and the number of valid votes obtained by each candidate.

52A   Result in other public elections

(1)     This Article applies to a public election other than an election for one or more Senators.

(2)     In the case of an election for which there is more than one counting station in the constituency –

(a)     an Autorisé (or Adjoint) in charge of a counting station who is not the principal Autorisé shall forthwith forward to the principal Autorisé –

(i)      the package prepared under Article 50(2), and

(ii)      the packages prepared under Article 48(4)(b), associated with the votes counted in that election at the counting station;

(b)     the principal Autorisé must satisfy himself or herself that he or she has all of the packages, described in sub-paragraph (a), from all of the counting stations in the constituency;

(c)     once satisfied, the principal Autorisé shall add the results of the counts in the constituency.

(3)     In every case –

(a)     the principal Autorisé shall inform such of the candidates and their representatives as are present of the votes recorded in the count or counts in the constituency and show them the spoilt ballot papers;

(b)     persons who were entitled to vote in the election who wish to attend shall then be admitted into the counting station at which the principal Autorisé is in charge;

(c)     the principal Autorisé shall announce the results of the election and declare the number of valid votes obtained by each candidate.

52AA     Recounts

(1)     An unsuccessful candidate in an election or his or her representative may, within 24 hours of being informed of the result, request a recount on the ground that the difference between –

(a)     the number of votes cast for the unsuccessful candidate; and

(b)     the number of votes cast for the person elected,

is 1% or less of the total number of votes cast in the election (and where more than one person is elected, the ‘person elected’ for the purposes of sub-paragraph (b) means the person with the lowest number of votes).

(2)     Without prejudice to paragraph (1) an unsuccessful candidate in an election for one or more Senators or his or her representative may, within 24 hours of being informed of the result, request a recount on the ground that the difference between –

(a)     the number of votes cast for the unsuccessful candidate; and

(b)     the number of votes cast for the person elected,

is 1% or less of the number in sub-paragraph (b) (and where more than one person is elected, the ‘person elected’ for the purposes of sub-paragraph (b) means the person with the lowest number of votes).

(3)     A recount requested in an election for one or more Senators shall be conducted by the Judicial Greffier in accordance with Article 52B.

(4)     A recount requested in any other public election shall be conducted by the principal Autorisé in accordance with Article 52C.

(5)     Neither the Judicial Greffier nor a principal Autorisé is required to conduct more than one recount upon one or more requests being made for a recount of the results in a public election.”.

“(1)    This Article applies where –

(a)     an Autorisé is requested by the Judicial Greffier, under Article 52B(3) to conduct a recount in his or her electoral district; or

(b)     a principal Autorisé conducts a recount following a request under Article 52AA(1).”;

“(4)    If an Autorisé (or Adjoint) has already forwarded papers associated with an election to another Autorisé or to the Royal Court, and those papers are required by the Autorisé (or Adjoint) for the purposes of the recount, the papers shall be returned to him or her.”;

“(7)    Autorisés who are not the principal Autorisé, and Adjoints, shall assist the principal Autorisé in the recount.

(8)     The principal Autorisé shall announce the result of the recount.”.

“53    Completion of return and delivery of papers

(1)     Each principal Autorisé for an election for one or more Senators, or the principal Autorisé for any other public election, shall prepare and sign a return for the election.

(2)     Subject to paragraph (5), the return shall state, for a public election –

(a)     the number of valid votes obtained by each candidate;

(b)     the number of invalid ballot papers;

(c)     the number of valid ballot papers;

(d)     the number of voters; and

(e)     the names of the counting stations and the names of the polling stations from which the votes were counted at each counting station.

(3)     Subject to paragraph (5), the principal Autorisé shall annex to the return the declarations made in accordance with Articles 3 and 34.

(4)     Subject to paragraph (5), the principal Autorisé shall, as soon as possible after the election, forward to the Judicial Greffier –

(a)     the return; and

(b)     the packages prepared in accordance with Articles 48(4)(b and 50(2) in connection with the public election, whether prepared by the principal Autorisé or received by him or her in accordance with Article 52(2) or 52A(2).

(5)     In the case of an election for one or more Senators –

(a)     one of the principal Autorisés shall comply with paragraph (3); and

(b)     the numbers and names given in the return and the registers and papers sent to the Judicial Greffier by a principal Autorisé under paragraph (4) shall relate only to conduct of the poll and the votes cast in the parish for which that principal Autorisé is designated.

(6)     If, after the principal Autorisé has completed a return for a public election, there is a recount of the votes cast in the election, the principal Autorisé shall, following the recount, complete a further return for the election and forward it to the Judicial Greffier as soon as possible.

(7)     A return shall be admitted in any court of law as proof of the facts that are set out in it.

(8)     The Judicial Greffier shall, on demand, make a return available during normal office hours for inspection by any person who was a candidate in the election to which the return relates and shall, on demand and payment of the reasonable costs of copying, provide a copy of it to such a candidate.”.

“61    Declaration of vacancy, or that entire election void

(1)     The Royal Court shall declare the election of a candidate void and a casual vacancy in the office left vacant as a consequence if –

(a)     the Court finds that the candidate elected to that office –

(i)      is disqualified for such election, or

(ii)      has committed an offence against Article 62 or 64 at the election;

(b)     the Court finds that the candidate’s nomination did not comply with the requirements of this Law; or

(c)     the candidate elected to that office does not for any reason take the oath of office before the Royal Court.

(2)     Except as provided by paragraph (1), if the Royal Court finds that a public election has not been conducted in a constituency in accordance with the requirements of this Law the Royal Court may –

(a)     declare the election of one or more candidates in the election in that constituency void and a casual vacancy in the offices left vacant as a consequence; or

(b)     declare the election void in the constituency.

(3)     Notwithstanding paragraph (1)(b), if the Royal Court considers that any defect in a candidate’s nomination is not a matter of substance and has not affected the result of the election, the Court shall not make a declaration under paragraph (1).

(4)     Notwithstanding paragraph (2), if the Royal Court considers that any failure to conduct an election in accordance with the requirements of this Law is not a matter of substance and has not affected the result of the election, the Court shall not make a declaration under paragraph (2).”.

“A69 Observers

(1)     The Privileges and Procedures Committee, after consultation with the Chief Minister, may appoint one or more observers of a public election.

(2)     The Privileges and Procedures Committee shall, as soon as possible after making an appointment under paragraph (1), present to the States a report informing the States of the appointment.

(3)     Notwithstanding any provision of this Law, but subject to paragraphs (5) and (6), an observer appointed under paragraph (1) –

(a)     shall, at his or her request, be provided by the electoral administrator for a parish with a copy, free of charge, of any electoral register in force for the election;

(b)     has the right to be present when pre-poll votes are taken pursuant to Article 42;

(c)     has the right to be present in any polling station where an elector may vote in the election –

(i)      while preparations are being made to open the poll, and

(ii)      during the poll; and

(d)     has the right to be present during any count in the election.

(4)     An observer exercising the right conferred by paragraph (3)(b) or (c) shall not –

(a)     attempt to influence a voter by means of any sign or clothing, in conversation, or otherwise; or

(b)     do anything to compromise the secrecy and integrity of pre-poll voting or voting at a polling station.

(5)     An observer exercising the right conferred by paragraph (3)(b) shall comply with any directions given to the observer by the Judicial Greffier for the purpose of ensuring the complete secrecy and regularity of pre-poll voting under Article 42.

(6)     An observer exercising the right conferred by paragraph (3)(c) or (d) shall comply with such directions as are given to him or her by an Autorisé (or Adjoint) under Article 29(2) or 47A(2).

(7)     An observer who contravenes paragraph (4) shall be guilty of an offence and liable to a fine of level 2 on the standard scale.

(8)     An observer who contravenes paragraph (5) or (6) shall be guilty of an offence and liable to a fine of level 3 on the standard scale.”.

“(vii)  any offence committed when the person seeking election was of full age, against another person who was not, at the time of the offence, of full age,”;

“(1A) The person is not required to make a declaration of a conviction for the offence of sodomy (whether the conviction is spent or unspent) if the act to which the conviction relates –

(a)     was committed before 12th January 2007; and

(b)     if committed on or after that date, would not be an offence.”.

“(vii)  any offence, committed when the person seeking election was of full age, against another person who was not, at the time of the offence, of full age,”;

“(1A) The person is not required to make a declaration of a conviction for the offence of sodomy (whether the conviction is spent or unspent) if the act to which the conviction relates –

(a)     was committed before 12th January 2007; and

(b)     if committed on or after that date, would not be an offence.”;