PUBLIC ELECTIONS (JERSEY)
LAW 2002
____________
A LAW to make
provision for the election of public officers in Jersey; for the repeal of the
Loi (1897) sur les élections publiques, the Franchise (Jersey) Law 1968
and the Public Elections (Postal Voting) (Jersey) Law 1978 and other Laws, and
for other purposes; sanctioned by Order of Her Majesty in Council of the
26th day of MARCH 2002
____________
(Registered on the 5th day of April 2002)
____________
STATES OF JERSEY
____________
The
23rd day of October 2001
____________
THE
STATES, subject to the sanction of Her Most Excellent Majesty
in Council, have adopted the following Law -
PART 1
Preliminary
ARTICLE
1
Interpretation
(1) In this Law unless the
context otherwise requires -
“Adjoint”
means an assistant returning officer, being a person appointed under Article
27;
“Autorisé”
means a returning officer, being a person appointed under Article 17(2)(b);
“ballot
box” means a box provided as referred to in Article 26(5) for ballot
papers returned by voters;
“constituency”
-
(a) in the case of the
election of a Senator or a Deputy - has the same meaning as in Article 4 of the
States of Jersey Law 1966;
or
(b) in the case of the
election of a Connétable, or Centenier, of a parish - means the persons
entitled to vote in such an election in the parish;
“electoral
district” means a parish, or part of a parish, corresponding to a
constituency (as that term is defined in relation to the election of a Deputy);
“electoral
number” means the number given under Article 6(7) to a name included
on an electoral register;
“electoral
register” means a register prepared under Part 3;
“electoral
register in force for an election” means the electoral register in force
as referred to in Article 12(1);
“nomination
meeting” means a meeting under Part 5 at which candidates are
proposed and seconded;
“public
election” means an election of a Connétable or Centenier or an
election of a Senator or Deputy;
“the
return” means the return required under Article 21 or 52.
(2) A reference in this Law
to a Part, Article or Schedule by number only and without further
identification is a reference to the Part, Article or Schedule of that number
in this Law.
(3) A reference in an
Article or other division of this Law to a paragraph, sub-paragraph or clause
by number or letter only and without further identification is a reference to
the paragraph, sub-paragraph or clause of that number or letter in the Article
or other division of this Law.
(4) A reference in this Law
to an enactment is a reference to that enactment as amended from time to time
and includes a reference to that enactment as extended or applied under another
enactment, including another provision of this Law.
PART 2
WHO
MAY VOTE?
ARTICLE
2
Entitlement to
vote
(1) A person is entitled to
vote in an election of a Connétable, or Centenier, of a parish if the
name of the person is on the electoral register for an electoral district
within the parish, being the register in force for the election.
(2) A person is entitled to
vote in an election of one or more Deputies of an electoral district if the
name of the person is on the electoral register for the electoral district,
being the register in force for the election.
(3) A person is entitled to
vote in an election of a Senator if the name of the person is on the electoral
register for any electoral district, being the register in force for the
election.
(4) A person is not
prevented from voting at a public election just because he holds any office
(including that of Autorisé or Adjoint), or exercises any function,
under this Law.
ARTICLE
3
Voting where name omitted from electoral register
If
a person claims a right to vote at a polling station in an electoral district,
but his name does not appear on the electoral register for that district, he
may still vote if the Autorisé (or Adjoint) in charge of the polling
station is satisfied -
(a) from a declaration by
the person in such form as the States may prescribe by Regulations; and
(b) after consulting the
Connétable or such other officer, or such employee, of the relevant
parish as he considers appropriate,
that
the name has been omitted from the register as a result of administrative
error.
ARTICLE
4
Disqualification
(1) A convicted person
during the time that he is detained in a prison or other penal institution in
pursuance of his sentence or unlawfully at large when he would otherwise be so
detained 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 of another place), including a
person found guilty by a court-martial or other court or tribunal applying the
law applying to armed services but not including a person dealt with by
committal or other summary process for contempt of court;
(b) a person detained for
default in complying with his 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, but a person detained by virtue of a conditional
pardon in respect of an offence shall be treated as detained in pursuance of
his sentence for the offence; and
(c) it does not matter
whether the person has been convicted, or sentenced, before or after this
Article comes into force.
PART 3
ELECTORAL
REGISTERS
ARTICLE
5
Entitlement to
be registered
(1) A person is entitled on
a particular day to have his name included on the electoral register for an
electoral district if on that day -
(a) the person is at least
18 years old;
(b) the person is
ordinarily resident in that district; and
(c) the person has been -
(i) ordinarily
resident in the Island for a period of at least two years up to and including
that day; or
(ii) ordinarily resident in
the Island for a period of at least six months
up to and including that day, as well as having been ordinarily resident in the
Island at any time for an additional period
of, or for additional periods that total, at least five years.
(2) A person is not
entitled to have his name included on the electoral registers for more than one
electoral district at the one time.
ARTICLE
6
Electoral registers
(1) The Connétable
of a parish shall prepare for 1st July 2002, for 1st July 2003, and for 1st
July in every third year after that, a separate electoral register for each
electoral district that is, or is within, the parish.
(2) A Connétable
shall include the name of a person on an electoral register if he has been
furnished with, or has obtained, information in respect of that person
sufficient to satisfy him that that person is entitled to have his name
included on the register for the electoral district.
(3) If a Connétable
is not satisfied that a person whose name is included on an electoral register
for an electoral district within his parish, or who has applied for inclusion
of his name on such a register, or whose name is included on a statement
returned under Article 7, is entitled to have his name included on such a
register, the Connétable shall serve on that person a notice stating
that he has omitted the name and giving the reasons for his decision not to do
so.
(4) The first register
prepared under this Part for an electoral district shall come into force on 1st
July 2002 and shall remain in force until the date on which the next register
comes into force.
(5) The date on which an
electoral register comes into force is, except as provided in paragraph (4),
the date that the provisions of the register itself specify.
(6) Every electoral
register shall be prepared in parts, each part corresponding to a vingtaine
within an electoral district, and the names and addresses of the persons
registered shall be arranged in each such part in two lists, one in
alphabetical order of the persons’ names and one in street order of the
persons’ addresses.
(7) Each name included on
an electoral register shall be given an electoral number for the life of the
register.
(8) An electoral register
shall be prepared and stored in electronic form.
ARTICLE
7
How information is gathered
(1) A Connétable
shall cause to be sent, not later than 1st May 2002 and again not later than
1st May in each subsequent year, to every unit of dwelling accommodation in
each electoral district within his parish a statement -
(a) in such form as the
States may prescribe by Regulations;
(b) setting out the names
of the persons (if any) whose names are included in respect of that unit of
dwelling accommodation on the current register for the electoral district; and
(c) requiring it be
checked, corrected if necessary, signed and returned to the Connétable.
(2) It is the duty of each
person ordinarily resident in that unit of dwelling accommodation to check that
the statement is correct.
(3) The person has a
further duty to sign the statement and ensure that it is returned, with any
necessary corrections, to the Connétable by 1st June in the same year.
(4) In any case, a person
who is entitled to have his name included on the register for an electoral
district at any time and whose name is not so included has a duty to apply for
registration -
(a) as soon as practicable;
(b) to the
Connétable of the parish where the electoral district is located; and
(c) in such form as the
States may prescribe by Regulations.
(5) That duty may instead
be fulfilled by the return of a statement under paragraph (3) if such a
statement is due to be returned to the Connétable within 60 days of
the arising of the duty under paragraph (4).
(6) If a Connétable
thinks that a person who is entitled to have his name included on the register
for an electoral district has not been the subject of a statement returned or
application made under this Article when he should have been, the
Connétable shall send to that person a notice reminding him of his
duties under this Article. The Connétable shall send another such notice
if, one month after the first notice was sent, the person has still not been
the subject of a statement returned or application made under this Article and
no response has been made to the first notice.
(7) A Connétable
shall refuse to register a person by reason of information contained in a
statement (or application) referred to in this Article if it has not been
signed by that person.
(8) No civil or criminal
liability attaches to a failure to discharge a duty under this Article.
ARTICLE 8
General
publicity
Each
year in March, June, September and December the Judicial Greffier shall
advertise the duty to be registered under this Part and how to apply for
registration.
ARTICLE 9
Appeals
(1) Any person on whom
notice of a decision has been served under Article 6(3) may, within the 28
days next following the day on which the notice was served on him, appeal to
the Royal Court
against the decision of the Connétable.
(2) The decision of the Royal Court on any
such appeal shall be final and without further appeal.
ARTICLE
10
Revision of electoral register
Every
Connétable shall cause the electoral register for each electoral
district within his parish to be changed as soon as practicable after being
satisfied that such change is necessary, whether on the basis of a return, an
application or information from the Connétable of another parish or to
comply with any order of the Royal Court under Article 9 and whether the change
involves the addition, removal or variation of names or other particulars.
ARTICLE
11
Electoral register to be available
(1) Every Connétable
shall cause the electoral register for each electoral district within his
parish to be available at the parish hall for public inspection during the
office hours of the parish hall.
(2) Every Connétable
shall provide, free of charge, a copy of the electoral register for each
electoral district within his parish as it stands immediately before 1st July
each year to the Librarian of the Jersey Library and to the Judicial Greffier.
(3) The Librarian and the
Judicial Greffier shall each cause the copy so provided to him to be available
free of charge for public inspection at the Jersey Library and the Judicial
Greffe respectively during the normal opening hours of that place.
ARTICLE 12
Electoral
register in force for an election
(1) For the purposes of any
election, an electoral register for an electoral district within a parish is
the electoral register for the district as in force at midday on the day before
the day when the nomination meeting for the election is held.
(2) The Connétable
of the parish shall cause a copy of the register as so in force to be published
in printed form and copies of it as so published to be available to -
(a) the Judicial Greffier,
the Autorisés and Adjoints and the candidates for the election free of
charge; and
(b) any other person, on
payment of a reasonable charge determined by the Parish Assembly of the parish,
or if no such charge has been determined, free of charge.
ARTICLE
13
Regulations may amend times in this Part
The
States may, by Regulations, amend any date or other expression of time in this
Part.
PART 4
GENERAL
ARTICLE
14
Public election
A
public election shall be conducted in accordance with this Law.
ARTICLE
15
Cost of election
(1) All the costs of
setting up, printing and other expenses necessary for putting this Law into
effect in a parish shall be met by the parish, except to the extent that
paragraph (2) provides.
(2) If the election is for
the office of Senator, all the expenses, except those for setting up, shall be
met by the States.
ARTICLE 16
Assistance
The
Connétable of a parish where the election takes place shall provide such
assistance in the preparation for, and conduct of, the election as the
Autorisé for an electoral district in the parish may reasonably require.
ARTICLE 17
Order
for election
(1) The Royal Court shall make an order for the
holding of a public election when such an election is required under Part 1 of
the States of Jersey Law 1966.
(2) The order shall -
(a) fix the day (being a
Wednesday or, instead, such other day of the week as the States may prescribe by Regulations)
for taking the poll if a poll becomes necessary, that day being not earlier
than the day falling 38 days after the date when the Court makes the
order;
(b) appoint a Jurat or
other public official as Autorisé for the poll in each electoral
district;
(c) fix the time, and the
date, when the persons elected shall appear in the Court to take their oaths;
and
(d) direct the
Autorisé to deliver a return about the election to the Court.
PART 5
NOMINATION
ARTICLE 18
Nomination
of candidates
A
person shall be admitted as a candidate for the public election of an officer
in a constituency only if he has been duly proposed and seconded at a meeting
of persons entitled under Article 2(1), (2) or (3) to vote at a public election
for such an officer in the constituency, being a meeting held in accordance
with this Part.
ARTICLE 19
Holding
of nomination meeting
(1) At a public election, a
meeting of the persons entitled under Article 2(1), (2) or (3) to vote at a
public election in a constituency shall be held at least 21 days before the day
fixed for the poll.
(2) There shall be one such
nomination meeting for each constituency in which there is to be a public
election.
(3) A nomination meeting
shall be convened -
(a) in the case of an
election of a Senator - by a Connétable chosen for that purpose by the
majority of a meeting of the Connétables of the Island, specially
convened at St. Helier by the Connétable of St. Helier; or
(b) in the case of an
election of a Connétable, Centenier or Deputy - by the
Connétable of the parish in which the election is to take place.
(4) The Connétable
who convenes the nomination meeting shall cause a notice announcing the time,
date and place of the nomination meeting -
(a) to be published in the
Jersey Gazette on at least four days (not counting any Sunday) before the day
when the meeting is held; and
(b) to be posted, during
the four days (not counting any Sunday) before the meeting is held, in the
place specified in Article 3 of the Loi (1842) sur les publications dans
les églises.
ARTICLE
20
Procedure at nomination meeting
(1) Each nomination meeting
for a public election shall be presided over by the Connétable who
convenes it.
(2) However, if at the
meeting that Connétable is absent or is proposed as a candidate, the
persons entitled under Article 2(1), (2) or (3) to vote in the election
who are present at the meeting shall choose another officer of the parish where
the meeting is held (or in which the election is to take place) to preside at
the meeting.
(3) No proposition shall be
put to a nomination meeting except the nomination of a candidate for the public
election.
(4) The nomination of a
candidate for a public election shall be made by the production to a nomination
meeting of a document, in such form as the States may prescribe by Regulations,
subscribed by a proposer and nine seconders, all ten of whom shall be persons
entitled under Article 2(1), (2) or (3) to vote for that candidate in any
poll held for the election.
(5) The nomination of a
person as a candidate for election as Centenier is of no effect unless before
the second day before the nomination meeting where the nomination is made,
notice of the name of the person is served on the Connétable who has
convened the meeting.
(6) The Connétable
shall -
(a) make reasonable inquiry
as to whether a person referred to in paragraph (5) has been convicted of
such offence, whether in Jersey or elsewhere,
as the States may prescribe by Regulations;
(b) report the result of
that inquiry to the Attorney General; and
(c) if the
Connétable himself does not preside at the nomination meeting - report
the result of that inquiry to the person presiding.
(7) The Connétable,
or other person, presiding shall, before any nomination is made, report the
result of that inquiry to the meeting.
(8) The meeting shall not
be closed less than twenty minutes after it has been opened.
(9) The person presiding
shall make a record of the nominations.
ARTICLE 21
Procedure
where candidates do not exceed vacancies
(1) If in a constituency
there are not more candidates for public election than vacancies, the candidates
are taken to have been elected and the person presiding at the nomination
meeting for the election shall declare them elected and prepare, sign and
deliver a return to the Autorisé to that effect.
(2) The return shall
include notice of any protest received by the person presiding, being a protest
against the nomination of those candidates or their being declared elected.
(3) The person presiding
shall give notice to the candidates so elected to appear in the Royal Court to take
the customary oath, and the Autorisé shall prepare and sign a return
about the election for the Royal
Court.
PART
6
POLL
ARTICLE 22
Procedure
where candidates exceed vacancies
(1) If in a constituency
there are more candidates than vacancies, a poll shall be held in the
constituency and the person presiding at the nomination meeting shall announce
that a poll is to be held.
(2) In every public
election, the Connétable of each parish where a poll is to be held shall
-
(a) cause a notice to be
published in the Jersey Gazette on at least four days (not counting any Sunday)
before the day when the poll is held; and
(b) cause a notice to be
posted, during the four days (not counting any Sunday) before the day when the
poll is held, in the place specified in Article 3 of the Loi (1842) sur
les publications dans les églises.
(3) The notice shall give
the time, day and place for the taking of the poll, together with the family
names, other names and addresses of the candidates.
ARTICLE 23
Disqualification
or death of candidate
(1) If a candidate in a
constituency is disqualified, or dies, between the day of his nomination and
the day fixed for the poll, the person who presided at the nomination meeting
shall report that event to the Royal
Court as soon as possible.
(2) If a candidate is
disqualified, or dies, as referred to in paragraph (1), the Court may make such
order as it thinks fit in all the circumstances of the case, whether an order
that the election proceed despite the disqualification or death, an order
annulling the proceedings already taken, a fresh order under Article 17
for an election in the constituency, or any other order (whether instead of or
in addition to those orders).
ARTICLE 24
Ballot
papers
(1) In the case of a poll
for the election of Senators, the person presiding at the nomination meeting
shall forthwith transmit to the Connétable of each parish (except the
Connétable, if any, so presiding) a copy of the record of the
nominations, setting forth the family names, other names and addresses of the
candidates.
(2) In the case of a poll
for the election of Senators, each Connétable (except the
Connétable, if any, who presided at the nomination meeting), on
receiving a copy of the record of nominations of candidates, shall forthwith
send a requisition to the person who presided at the meeting, stating the
number of ballot papers required for his parish.
(3) In the case of any
public election where a poll is needed, the person who presided at the
nomination meeting shall have a sufficient number of ballot papers printed,
showing the date and place of the election and the names of the candidates in
alphabetical order, one under the other, in such form as the States may
prescribe by Regulations.
(4) All the ballot papers
required in a constituency shall be attached to counterfoils, which shall be
bound together in such a way as to form one or more booklets.
(5) A number shall be
printed on the back of each of the ballot papers, being the same as the number
printed on its counterfoil.
(6) With the exception of
this number, all the ballot papers used in any one poll in a constituency shall
be identical.
ARTICLE 25
Secret
ballot
In
every public election the poll shall be by secret ballot.
ARTICLE
26
Polling stations
(1) For the conduct of a
poll, the Connétable of the parish where the poll is held shall provide
one or more polling stations in such a way that the Autorisé is
satisfied that all persons have reasonable facilities for the exercise of their
right to vote.
(2) In each polling station
there shall be one or more booths.
(3) Each of those booths
shall contain a table or desk, with a pen or a pencil.
(4) A copy of Articles
28 - 36 shall be displayed in each booth.
(5) Each polling station
shall have one or more ballot boxes to receive the votes cast, made according
to a model approved by the Home Affairs Committee.
ARTICLE 27
Adjoints
(1) When it is necessary in
the same election to have more than one polling station within an electoral
district, the Autorisé shall appoint Adjoints to supervise in person the
polling stations not supervised in person by the Autorisé.
(2) The Autorisé may
also appoint Adjoints to help him in the polling station that he supervises in
person.
(3) The Autorisé
shall include in the return a record of the appointment and names of the
Adjoints.
ARTICLE 28
Persons
who may be present in polling station
(1) Each candidate shall
have the right to be present during the poll in each polling station where an
elector may vote for him, if he has notified the Autorisé in writing
that he wishes to exercise that right.
(2) A person shall have the
right to be present during the poll in each polling station where an elector
may vote for a candidate whom the person represents, if the candidate has
informed the Autorisé in writing of the name of the representative and
has notified the Autorisé in writing that the candidate wishes the
representative to exercise that right.
(3) However, a right under
this Article may be withdrawn by the Autorisé from a person whom the
Autorisé believes on reasonable grounds has contravened Article 63
during the same poll.
(4) A person who has the
right to vote in the poll shall have the right to enter and to remain in a
polling station as long as is necessary to obtain a ballot paper and cast his
vote.
(5) An Autorisé (or
Adjoint) in charge of or assisting at a polling station has the right to be
present there during the poll.
ARTICLE
29
Supervision of polling station
(1) The Autorisé (or
Adjoint) in charge of a polling station shall have control over the polling
station and its immediate vicinity during the election.
(2) The Autorisé (or
Adjoint) in charge of a polling station may give such reasonable directions,
and take such reasonable measures, as are necessary within the polling station
and in its immediate vicinity to ensure the complete secrecy and regularity of
the vote at the polling station and to ensure that the requirements of this Law
are met.
ARTICLE
30
Time when poll opens
In
every public election, the poll shall open at eight o’clock in the
morning (or, instead, at such time as the States may prescribe by Regulations).
ARTICLE
31
Start of polling
(1) The person presiding at
a nomination meeting shall cause the appropriate ballot papers to be delivered
to the Autorisé in each electoral district where a poll is to be held in
reasonable time for the commencement of the poll.
(2) The Connétable
of the parish where the electoral district is situated shall cause a copy of
the electoral register for that district to be delivered to the Autorisé
for that district, being a copy that the Connétable has certified as
correct and as being a copy of the register in force for the election.
(3) At the time fixed for
commencing the poll, the Autorisé (or Adjoint) in charge of a polling
station shall open the ballot boxes and shall show the persons present that
they are empty, then lock them and place seals on them in such a manner as to
prevent their being opened without breaking the seals.
(4) The poll shall then
commence.
ARTICLE 32
Giving
ballot paper to elector
(1) The Autorisé (or
Adjoint) in charge of a polling station shall give a ballot paper to each
person who satisfies the Autorisé (or Adjoint) that he is entitled to
vote there.
(2) The Autorisé or
Adjoint shall -
(a) mark off the name of
the person on a copy of the electoral register (or, in the case of a person
whose name has been omitted from the register as a result of administrative
error, make a note of the person’s name on a copy of the register and
assign a serial number for the person and record it on the copy of the
register);
(b) write on the
counterfoil of the ballot paper the electoral number of the person (or, in the
case of a person whose name has been omitted from the register as a result of
administrative error, the serial number for the person); and
(c) stamp the front of the
ballot paper with an official stamp in such form as the States may prescribe by
Regulations.
(3) If the Autorisé
or Adjoint gives a ballot paper to a person whose name has been omitted from
the register as a result of administrative error, he shall make a note in the
return of the fact that the person was allowed to vote.
(4) When giving ballot
papers to persons under this Article, the Autorisé or Adjoint shall
place himself in such a position as not to show the numbers on the ballot
papers so delivered, or on the counterfoils attached to them, to the candidates
or to their representatives.
ARTICLE 33
Voting
(1) Once he has been given a
ballot paper in a polling station, a person shall go into one of the booths
there and remain in the booth only for the time necessary to record his vote.
(2) A vote is recorded by
making a cross in the blank square opposite the name of each candidate of the
voter’s choice.
(3) A person who has
recorded a vote shall fold his ballot paper and place it in a ballot box, and
then immediately leave the polling station.
ARTICLE
34
Doubtful votes
(1) If, during the
election, an objection is made to a person’s voting or to a vote, the
vote shall be taken, but the objection shall be recorded in the return.
(2) If, after a ballot
paper has been delivered at a polling station to a person who claims to be a
person whose name appears on the electoral register, another person applies
there to be allowed to vote in that name, the Autorisé (or Adjoint) in
charge of the polling station shall request the latter person to sign a
declaration in such form as the States may prescribe by Regulations and (after
obtaining that declaration and noting the number of the ballot paper delivered
to the earlier person by referring to its counterfoil) shall furnish him with a
ballot paper.
(3) The latter ballot paper
shall be considered doubtful, and the voter shall not put it into a ballot box,
but the Autorisé (or Adjoint) shall set it apart in an envelope and seal
the envelope immediately.
(4) The Autorisé (or
Adjoint) shall note in the return the circumstances of the taking of the
doubtful ballot paper.
ARTICLE
35
Ill or disabled voters
(1) In the case of a person
entitled to vote who is ill, disabled or illiterate, the Autorisé or an
Adjoint may take such measures as he considers appropriate for taking his vote,
provided secrecy in voting is maintained.
(2) Those measures may
include a visit to the person.
ARTICLE
36
Spoilt ballot papers
If
a person spoils the ballot paper that has been given to him, he may obtain
another from the Autorisé or an Adjoint, on giving back to him the
spoilt one, which shall forthwith be cancelled and initialled by the
Autorisé or Adjoint.
PART
7
POSTAL AND PRE-POLL VOTING
ARTICLE 37
Interpretation
In
this Part -
“ballot
paper envelope” means an envelope so referred to in Article 42;
“pre-addressed
envelope” means the envelope addressed to the Judicial Greffier and so
referred to in Article 42;
“register
of postal and pre-poll voters” means the register established under
Article 40.
ARTICLE
38
Persons entitled to postal or pre-poll vote
A
person entitled to vote at a poll for a public election is entitled to do so
before the poll if -
(a) the person is likely to
be out of the Island during the hours of
polling; or
(b) the person has
commitments, or a disability, that will prevent him from attending personally
at a polling station on polling day.
ARTICLE 39
Advertising
postal and pre-poll voting
(1) Once a public election
has been ordered (not being an election of a Centenier), the Judicial Greffier
shall have published in the Jersey Gazette on two different days a notice that
a person entitled under Article 38 may register for postal voting.
(2) If a poll becomes
necessary in any public election (whether or not an election of a Centenier),
the Judicial Greffier shall have published in the Jersey Gazette on two
different days a notice that a person entitled under Article 38 may apply
to register for postal voting or cast a pre-poll vote in person.
(3) The latter notice shall
-
(a) require that the
application state the grounds for the entitlement under Article 38;
(b) specify a closing time
for applications for the inclusion of a name on the register of postal and
pre-poll voters; and
(c) specify the place and
hours for pre-poll voting in person, and a final closing time for applications
so to vote.
(4) A person entitled under
Article 38 may then -
(a) apply for his name to
be included on the register of postal and pre-poll voters; or
(b) apply in person at the
Judicial Greffe to cast a pre-poll vote there and then.
(5) An application is not properly
made under paragraph (4) if it is not made in accordance with the terms
specified in the notice and before the closing time specified in the notice.
ARTICLE
40
Register of postal and pre-poll voters
(1) For the purposes of
this Law, the Judicial Greffier shall, in respect of each public election where
a poll is to be held, establish a register of postal and pre-poll voters, which
may, but need not, be in electronic form.
(2) The register shall be
divided into parts, one for each electoral district where a poll is to be held.
(3) When the Judicial
Greffier receives an application that is properly made under
Article 39(4), he shall, if he is satisfied that the applicant is entitled
to vote -
(a) enter the name and
address of that person, together with his electoral number, in the part of the
register of postal and pre-poll voters for the electoral district in which he
is so entitled; and
(b) against that entry,
enter a letter allocated (by the Judicial Greffier himself) for that electoral
district.
(4) Once the closing time
specified under Article 39(3)(b) has passed, the Judicial Greffier shall
enter in the register of postal and pre-poll voters in respect of each
electoral district the number of voters on that register for that district.
(5) The Judicial Greffier
shall forward a printed copy of the appropriate part of this register to the
Autorisé of each electoral district where a poll is to be held.
(6) A person whose name is
entered in the register of postal and pre-poll voters in respect of an election
is disqualified from voting in person at the election except at the Judicial
Greffe.
ARTICLE
41
Name accidentally omitted from electoral register
(1) When the Judicial
Greffier receives an application that is properly made under
Article 39(4), he shall, if it appears to him that the name of the person
making the application is not included in the electoral register for the
electoral district specified by the person, notify that person accordingly.
(2) The person may, if he
believes that his name has been omitted from the electoral register as a result
of an administrative error, apply to the Judicial Greffier for his name
nevertheless to be included on the register of postal and pre-poll voters,
indicating his belief that there has been such an omission.
(3) If the Judicial
Greffier is then satisfied that the name of the person has been omitted from
the electoral register as a result of an administrative error, the Judicial
Greffier shall include the name on the register of postal and pre-poll voters.
(4) The Judicial Greffier
shall give notice of the inclusion to the Autorisé for the relevant
electoral district.
(5) The Autorisé
shall make a note of the person’s name on his copy of the electoral
register and assign a serial number for the person and record it on the copy of
the register.
(6) The Judicial Greffier
may consult the Connétable or another officer of the parish where the
electoral district is located before making a determination under
paragraph (3) and may refuse the application unless it is supported by
such evidence or information as the Judicial Greffier may require by notice
served on the applicant.
ARTICLE 42
What
is sent out or given to voter
(1) Each person presiding
at a nomination meeting shall forward a reasonable number of ballot papers to
the Judicial Greffier for the purposes of this Part.
(2) The Judicial Greffier
shall send or give to each person whom he decides is entitled to vote under
this Part -
(a) a ballot paper;
(b) a form of declaration
of identity to be completed by the voter;
(c) a ballot paper
envelope, being an envelope marked as such; and
(d) a pre-addressed
envelope, being an envelope addressed to the Judicial Greffier.
ARTICLE 43
Various
formalities for postal and pre-poll voting
(1) A ballot paper
forwarded under Article 42 shall be indistinguishable from the other
ballot papers used in the election.
(2) The Judicial Greffier
shall stamp the front of the ballot paper with an official stamp in such form
as the States may prescribe by Regulations, being a stamp that also marks on
the counterfoil of the ballot paper the letter allocated by the Judicial
Greffier to the relevant electoral district.
(3) In the case of a
person’s voting by post, the Judicial Greffier shall note in the register
of postal and pre-poll voters against the name of the person that a ballot
paper has been sent to the person, without marking the number of the ballot
paper on that register.
(4) In the case of a
person’s casting a pre-poll vote at the Judicial Greffe, the Judicial
Greffier shall enter in the register of postal and pre-poll voters the name of
the person and a note that a ballot paper has been given to the person, without
noting the number of the ballot paper on that register.
(5) Once a note has been
made under paragraph (4) against the name of the person, the person is
disqualified from voting in person at the same election except at the Judicial
Greffe.
(6) The Judicial Greffier
shall mark the number of the ballot paper sent or given to an elector under
Article 42 on the form of declaration of identity and on the ballot paper
envelope so sent or given.
(7) The Judicial Greffier
shall mark the letter of the relevant electoral district on the pre-addressed
envelope so sent or given.
ARTICLE 44
Procedure
for postal and pre-poll voting
(1) To vote under this
Part, an elector shall mark and fold the ballot paper as he would if he were
voting under Part 6, place the ballot paper in the ballot paper envelope,
seal the envelope and return it to the Judicial Greffier, together with the
completed declaration of identity, in the pre-addressed envelope.
(2) An elector who makes a
pre-poll vote in person at the Judicial Greffe shall give the pre-addressed
envelope to the Judicial Greffier immediately after making the vote.
(3) A postal vote shall be
included in the count in a poll only if it and the other documents referred to
in paragraph (1) that relate to the vote reach the Judicial Greffe no later
than noon of the day immediately preceding the day of the poll.
(4) The Judicial Greffier
shall record the number of pre-addressed envelopes that he receives.
ARTICLE
45
Documents to be delivered to Autorisé
The
Judicial Greffier shall, before the poll opens, cause to be delivered to each
Autorisé supervising the poll -
(a) a copy of the part of
the register of postal and pre-poll voters that relates to the
Autorisé’s electoral district;
(b) the unused ballot
papers, and the counterfoils of the used ballot papers, relating to postal and
pre-poll voting for that electoral district; and
(c) the pre-addressed
envelopes received under Article 44 for that electoral district, still
unopened.
ARTICLE
46
Duties of Autorisé on receipt of postal and
pre-poll votes
(1) On receipt of the copy
of the relevant part of the register of postal and pre-poll voters, the
Autorisé shall mark off on his copy of the electoral register the names
of the persons disqualified from voting in person because of Article 40(6)
or 43(5).
(2) On receipt of the
pre-addressed envelopes, the Autorisé shall count their number and enter
this number in the return.
(3) The Autorisé
shall, before the close of the poll, cause each pre-addressed envelope to be
opened and, if satisfied that the number on the form of declaration of identity
in it coincides with the number on the ballot paper envelope in it, and that
the form of declaration has been duly completed, he shall -
(a) remove the ballot paper
from the ballot paper envelope and place the ballot paper in a ballot box; and
(b) attach the form of
declaration of identity, the pre-addressed envelope and the ballot paper
envelope to the copy of the relevant part of the register of postal and
pre-poll voters.
(4) If not so satisfied,
the Autorisé shall reject the ballot paper, endorse the ballot paper
envelope with the words “VOTE REJECTED” and place the ballot paper
envelope unopened, with the form of declaration of identity and the
pre-addressed envelope, in a package used solely for that purpose.
(5) For the purposes of the
return, the numbers on the ballot paper envelopes containing the ballot papers
so rejected shall be treated as the ballot paper numbers.
(6) At the conclusion of
the voting but before the ballot boxes are opened for the purpose of counting
the votes, the Autorisé shall seal the package referred to in
paragraph (4), and, in a further separate package used solely for the
purpose, he shall seal the documents (including the copy of the relevant part
of the register of postal and pre-poll voters) referred to in
paragraph (3)(b).
(7) He shall sign each
package and indicate on it -
(a) the place and date of
the poll;
(b) the names of the
candidates; and
(c) the contents of the
package.
(8) As soon as possible after
the election, the Autorisé shall forward the two sealed packages to the
Judicial Greffier.
PART
8
COUNT
ARTICLE 47
Close
of poll
(1) At eight o’clock
in the evening of the day of the poll (or, instead, at such time on that day as
the States may prescribe by Regulations), 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.
(2) Ten minutes after that
question has been asked, the Autorisé or Adjoint shall declare the poll
closed in that polling station.
(3) However, if then there
are still persons in the polling station who wish to take part in the vote, the
Autorisé or Adjoint shall wait until they have voted before declaring
the poll closed in that polling station.
ARTICLE
48
Sealing the papers
(1) In any public election,
the Autorisé (or Adjoint) in charge of a polling station shall, after
the close of the poll -
(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.
(2) He shall sign each
package and indicate on it -
(a) the place and date of
the poll;
(b) the names of the
candidates; and
(c) the contents of the
package.
(3) In the case where there
are two or more polling stations in the same electoral district, the Adjoints
in charge of polling stations shall forthwith forward the ballot boxes, and the
packages referred to in paragraph (2), to the polling station supervised
by the Autorisé.
ARTICLE 49
Counting
(1) The Autorisé
shall, once satisfied he has all the ballot boxes, and all the packages, from a
public election in his electoral district, open the packages and determine the
number of voters from all the copies of the register that relate to his electoral
district and enter it on the register and on the return.
(2) The Autorisé
shall then proceed to the count of the votes.
(3) The count shall be
carried out in the presence of -
(a) any candidates for whom
a vote could have been cast in that electoral district 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.
(4) The Adjoints shall
assist the Autorisé in the count.
(5) The ballot boxes shall
be opened and the ballot papers in them shall be counted in such a way that the
serial numbers on them cannot be seen.
ARTICLE
50
Recording the numbers
(1) The following numbers
shall be determined and entered in the return -
(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 two groups, depending on whether they are valid or
invalid, then the groups shall be placed in packages and each package sealed,
signed by the Autorisé and marked with -
(a) the place and date of
the poll;
(b) the names of the
candidates;
(c) the number and
character of the ballot papers that it encloses.
ARTICLE
51
Invalid
ballot papers
(1) A ballot paper is
invalid for the purposes of this Law -
(a) if the ballot paper has
not been given to a person under Article 32 or sent or given to a person under
Article 42;
(b) if it does not bear the
stamp referred to in Article 32(2)(c) or 43(2);
(c) if it has been
cancelled in accordance with Article 36;
(d) if it has been rejected
under Article 46;
(e) if it does not clearly
record a vote;
(f) if it records
more votes than there are vacancies; or
(g) if it records a vote
for any person other than those whose names are printed on it.
(2) For the purposes of
this Law, the decision of the Autorisé shall be final on every question
as to the validity of a disputed ballot paper.
(3) Notwithstanding
paragraph (2), the Royal Court
is not prevented from making its own determination on such a decision or such a
question if the election is disputed.
(4) The Autorisé
shall initial every disputed ballot paper and mention it in the return.
ARTICLE
52
Return
(1) Once the count is
complete in an electoral district, the persons who were entitled to vote in
that electoral district who wish to attend shall be admitted into the polling
station where the count took place in that district.
(2) Except in the case of
an election of one or more Senators, the Autorisé shall -
(a) announce the result of
the election in the electoral district where the Autorisé was in charge
and the number of valid votes obtained by each candidate there; and
(b) prepare a return about
the election for the Royal Court.
(3) In the case of an
election of one or more Senators the Autorisé shall announce the number
of valid votes obtained by each candidate in the electoral district where the
Autorisé was in charge and shall prepare a return about the election for
the Royal Court.
(4) The Autorisé
shall sign the return prepared under this Article and shall annex to it the
declarations made in accordance with Articles 3 and 34.
PART 9
AFTER
RESULT OBTAINED
ARTICLE 53
Result
(1) Each Autorisé
shall forward to the Royal Court
as soon as possible after the election the copies of the electoral register
used in the poll, the used and unused ballot papers, the counterfoils of the
used ballot papers and the return.
(2) Each return shall be
admitted in any court of law as proof of the facts that are set out in it.
(3) In the case of the
election of one or more senators, the Judicial Greffier shall add the results
of the counts in the electoral districts and then determine and announce the
result of the election and declare the total number of votes cast and the
number of valid votes obtained by each candidate.
(4) In every case, the
Judicial Greffier shall -
(a) report the result of
the election to the Royal Court;
and
(b) give notice to the
person or persons elected to appear in the Royal Court to take the customary oath.
(5) 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.
ARTICLE 54
Order
of swearing-in
(1) This Article sets out
the order of precedence that the Royal
Court shall give to persons being sworn in for the
office of Senator, Connétable, Deputy or Centenier.
(2) The candidates
re-elected to the same office as they previously held shall take precedence
over the candidates newly elected to that office.
(3) Among candidates who
are indistinguishable by an application of the rule in paragraph (2), including where there are no re-elected
candidates, the candidates who have held office as Senator, Connétable,
Deputy or Centenier (or as more than one of these) for the longer aggregate
time shall have precedence.
(4) Among candidates who
are indistinguishable by an application of the rule in paragraph (3),
including candidates who are indistinguishable because they have not held
office as Senator, Connétable, Deputy or Centenier, the candidates who
have gained the higher numbers of votes shall have precedence.
(5) Among candidates who
are indistinguishable by an application of the rule in paragraph (4),
whether because it has not been necessary to proceed to a poll or because the
candidates have gained equal numbers of votes, the elder shall have precedence.
ARTICLE 55
Secrecy
of used ballot papers
The
packages containing the used ballot papers and the counterfoils of the used
ballot papers shall not be opened except in accordance with Article 59.
ARTICLE 56
Documents
to be kept then destroyed
(1) The returns, and, if a
poll was held, the copies of the registers used in the poll, the used and
unused ballot papers, the counterfoils of the used ballot papers, the documents
that were in the sealed packages referred to in Article 46(8) and, in
general, all documents relating to a public election shall remain in the
custody of the Judicial Greffier for a period of six months following the day
which has been fixed for delivering the returns to the Royal Court.
(2) The Judicial Greffier
shall cause those documents to be destroyed at the end of that period if they
are not required in a case pending before the Royal Court at that time.
(3) If they are so required
at that time, the Judicial Greffier shall cause them to be destroyed as soon as
the case has been finally disposed of.
PART 10
DISPUTED
ELECTIONS
ARTICLE
57
Application to Royal Court
(1) Every case of a
disputed public election shall be dealt with by the Royal Court.
(2) Any person, whether or
not a candidate in an election, may dispute a public election by making
application to the Royal Court, being an application on oath setting out the
grounds for the dispute and made before the end of the period of six months
following the day that has been fixed for delivering the returns to the Royal
Court.
ARTICLE 58
Procedure
(1) In a case where a
public election is disputed, the Royal
Court shall -
(a) order that the parties
shall appear before the Judicial Greffier to state their allegations and pleas;
and
(b) by order, fix the day
when the parties are to appear in the Royal
Court with witnesses, being a day within six weeks
after the date of the order where the election has been for Senator, and within
one month after the date of the order in the case of any other election.
(2) If a plaintiff fails to
proceed before the Judicial Greffier, so as to complete his case within the
time allowed by the Royal Court,
his objection shall be set aside, and he shall be ordered to pay the
recoverable and non-recoverable costs of the case.
ARTICLE
59
Examination
of papers
(1) If the count is
disputed, or the decision of the Autorisé as to a disputed ballot paper
is disputed, the Royal Court
may order that the packages containing the relevant used ballot papers (both
valid and invalid) be opened.
(2) If the validity of the
ballot papers is disputed, the Royal
Court may order that the parties may examine the
relevant used ballot papers (both valid and invalid) at the Judicial Greffe.
(3) If the Royal Court upholds
an objection to a vote, the packages containing the relevant ballot papers and
their counterfoils may be opened and, if so, the relevant ballot paper and its
counterfoil shall be taken out and kept apart.
(4) In all the cases
referred to in this Article, the Royal
Court shall cause the packages, if opened, to be
re-sealed as soon as the examination which made their opening necessary has
been completed.
ARTICLE
60
Discounting
numbers of votes
If
the Royal Court upholds a dispute that turns on any of the following
circumstances, it shall order that the relevant return be amended by
subtracting from the number of valid votes the number of votes (if any) cast by
persons in those circumstances -
(a) that the name of a
person was wrongly included on the electoral register in force for the
election;
(b) that a person who voted
was, at the time of voting, disqualified from voting because of Article 4;
(c) that a person accepted,
directly or indirectly, any gift, promise or advantage in consideration of
voting in favour of a candidate;
(d) that a person falsely
represented himself as being a person included on the electoral register in
force for the election;
(e) that a person recorded
his vote in a manner contrary to the requirements of this Law.
ARTICLE
61
Declaration
of vacancy or that entire election void
(1) In the case of the
election of one or more Senators, the Royal
Court shall declare a casual vacancy if a
candidate who has been elected as a Senator -
(a) is declared ineligible;
(b) has committed an
offence against Article 62 or 64 at the election; or
(c) does not for any reason
take the oath of office before the Royal
Court.
(2) In the case of any
other public election, the Royal
Court shall declare a casual vacancy in a
constituency if the candidate who has obtained the majority of votes in that
constituency -
(a) is declared ineligible;
(b) has committed an
offence against Article 62 or 64 at the election; or
(c) does not for any reason
take the oath of office before the Royal
Court.
(3) The Royal Court shall declare an election
void in a constituency if the election in the constituency has not been
conducted in accordance with this Law, and the Royal Court shall then order a fresh
election.
(4) Notwithstanding
paragraph (3), if the Royal
Court considers that any failure to conduct an
election in accordance with this Law is not a matter of substance and has not
affected the result of the election, the Court shall not declare the election
void and not order a fresh election.
PART 11
OFFENCES
ARTICLE
62
Inducements and threats
(1) A person shall be
guilty of an offence and liable to a fine not exceeding level 3 on the standard
scale
if, with intent to obtain a vote for himself, or for any other person, at a
public election, or an abstention from voting at a public election, he -
(a) gives, offers or
promises money, any article of value or any advantage to any person;
(b) publishes a false
statement about a person who is a candidate at the election knowing the
statement to be untrue; or
(c) assaults or threatens
any person.
(2) A person shall be
guilty of an offence and liable to a fine not exceeding level 3 on the standard
scale
if he receives or accepts any money, any article of value, or any advantage,
knowing that it has been given, offered or promised with the intent referred to
in paragraph (1).
ARTICLE
63
Behaviour inside polling station
(1) At a public election, a
candidate or representative of a candidate shall not engage a voter in
conversation inside a polling station.
(2) At a public election, a
person shall not attempt inside a polling station to influence a voter by means
of any sign or clothing or otherwise.
(3) At a public election, a
candidate (or representative of a candidate referred to in Article 28)
shall not attempt to ascertain a number on a ballot paper or counterfoil.
(4) Except as provided in
Article 28, a person shall not, without lawful excuse, enter or remain in
a polling station during a poll at a public election.
(5) A person who
contravenes this Article shall be guilty of an offence and liable to a fine not
exceeding level 2 on the standard scale.
ARTICLE 64
Interference
with poll
(1) A person shall be
guilty of an offence and liable to a fine not exceeding level 3 on the
standard scale7
if, at a public election, he -
(a) discloses any vote
given secretly other than his own;
(b) alters a counterfoil
fraudulently;
(c) alters a ballot paper
fraudulently for the purpose of rendering it invalid or of changing the vote
recorded on it;
(d) removes or adds a
ballot paper fraudulently; or
(e) knowingly states any
number of ballot papers to be greater or less than the number he believes to
have been determined during the count.
(2) A person shall be
guilty of an offence and liable to a fine not exceeding level 3 on the
standard scale7 if
he, knowingly and without authority for the purpose, opens or causes to be
opened any ballot box, package or envelope containing ballot papers, or
counterfoils, that have been used at a public election.
ARTICLE
65
Voting
without the right
A
person shall be guilty of an offence and liable to a fine not exceeding level 3
on the standard scale7 if,
at a public election and with fraudulent intent, he has -
(a) voted, or presented
himself to vote, in the name and in the place of another person;
(b) represented himself as
having the right to vote at a public election when he did not have that right;
or
(c) voted without the right
to do so at a public election.
ARTICLE 66
Various
offences
(1) A person shall be
guilty of an offence and liable to a fine not exceeding level 3 on the
standard scale
if he does any of the following -
(a) knowingly makes a false
declaration, or gives false information, for the purposes of this Law;
(b) with fraudulent intent
procures the registration of himself on more than one electoral register;
(c) votes or attempts to
vote at a public election in an electoral district for which he is not
registered;
(d) votes or attempts to
vote at a public election in more than one electoral district;
(e) having had his name
included on the register of postal and pre-poll voters under this Law, votes,
or attempts to vote, in person at a public election (otherwise than by casting
a pre-poll vote at the Judicial Greffe);
(f) except with
lawful authority, removes a ballot paper from a polling station at a public
election;
(g) fails to comply with a
reasonable direction of the Autorisé given under Article 29(2) or
under any other provision of this Law.
(2) Without prejudice to
any penalty imposed under paragraph (1), the Royal Court may disqualify a person found
guilty under that paragraph from voting at public elections for a period not
exceeding four years.
(3) A candidate (or a
representative of a candidate referred to in Article 28) at a public
election shall be guilty of an offence and liable to a fine not exceeding
level 2 on the standard scale
if, at an examination under Article 59 of ballot papers used at the
election, he examines or attempts to examine a counterfoil so used.
ARTICLE
67
Aiding and abetting
A
person who aids, abets, counsels or procures the commission of an offence under
this Law shall be liable to be dealt with, tried and punished as a principal
offender.
ARTICLE
68
Limitation
on prosecution and civil action
No
civil action, or criminal prosecution, arising from facts that have occurred at
a public election or relate to a public election, may be instituted under this
Law after the expiration of six months from the date of the order of the Royal Court for the
holding of the election.
PART
12
MISCELLANEOUS
ARTICLE 69
How documents may be sent or served
(1) Any notice, return,
ballot paper or other document required or authorized by or under this Law to
be sent to or served on a person, may be served -
(a) by delivering it to
that person;
(b) by leaving it at his
proper address; or
(c) by sending it by post
to his proper address.
(2) For the purposes of
this Article and of Article 12 of the Interpretation (Jersey) Law 1954
in its application to this Article, the proper address of any person shall be
the usual or last known place of abode of the person or, if that person has
furnished an address for service in accordance with arrangements agreed to for
that purpose, his proper address shall be the address furnished.
(3) If the name or the
address of any owner, lessee or occupier of premises to or on whom any notice,
return, ballot paper or other document is to be sent or served, cannot after
reasonable enquiry be ascertained, it may be sent or served by addressing it to
that person (by the description of “owner”, “lessee” or
“occupier” of the premises), specifying the premises and delivering
it to some responsible person resident or appearing to be resident on the premises
or, if there is no person to whom it can be delivered, by affixing it, or a
copy of it, to some conspicuous part of the premises.
(4) A document may be sent
to a Connétable under this Law by delivering it to, leaving it at, or
sending it by post to, the relevant parish hall.
ARTICLE
70
Misnomer or inaccurate description
No
inaccurate description, or misnomer, of any person or place in a register,
notice or return shall prejudice the operation of this Law with respect to that
person or place in any case where the description of the person or place is
such as to be commonly understood.
ARTICLE
71
Civil liability of officers
(1) A person to whom this
Article applies shall not be liable in damages for anything done or omitted in
the discharge or purported discharge of any functions under this Law or under
any enactment made, or purportedly made, under this Law unless it is shown that
the act or omission was in bad faith.
(2) This Article applies to
the Judicial Greffier and to a Connétable, Autorisé or Adjoint, a
person presiding at a nomination meeting and any person who is, or is acting
as, an officer, employee or agent of a parish or performing any duty or
exercising any power on behalf of a parish.
ARTICLE
72
Regulations
(1) The States may, by
Regulations, make provision for the purpose of carrying this Law into effect
and, in particular, but without prejudice to the generality of the foregoing,
for prescribing any matter that may be prescribed by Regulations under this
Law.
(2) Regulations made under
this Law may -
(a) make different
provision in relation to different cases or circumstances; and
(b) contain such
transitional, consequential, incidental or supplementary provisions as appear
to be necessary or expedient for the purposes of the Regulations.
ARTICLE
73
Repeals and amendments
(1) Schedule 1 shall have
effect.
(2) Schedule 2 shall have
effect.
ARTICLE
74
Savings and transitional provisions
(1) The States may by
Regulations make provisions of a savings or transitional nature consequent on
the enactment of this Law.
(2) Any such provision may,
if the Regulations so provide, take effect from the day on which this Law comes
into force or a later day.
(3) To the extent to which
any such provision takes effect from a date that is earlier than the date of
its promulgation, the provision does not operate so as -
(a) to affect, in a manner
prejudicial to any person (other than the States or an authority of the
States), the rights of that person existing before the date of its
promulgation; or
(b) to impose liabilities
on any person (other than the States or an authority of the States) in respect
of anything done or omitted to be done before the date of its promulgation.
ARTICLE
75
Citation and commencement
(1) This Law may be cited
as the Public Elections (Jersey) Law 2002.
(2) This Law shall come
into force on such day as the States may by Act appoint and different days may
be appointed for different purposes or different provisions of this Law.
C.M.
NEWCOMBE
Greffier of the States.
SCHEDULE 1
(Article 73(1))
REPEALS
The
following Laws are repealed -
Loi
(1897) sur les élections publiques
Loi
(1976) (Amendement) sur les élections publiques
Loi
(1998) (Amendement No. 2) sur les élections publiques
Franchise
(Jersey) Law 1950
Franchise
(Jersey) Law 1968
Franchise
(Amendment) (Jersey) Law 1969
Franchise
(Amendment No. 2) (Jersey) Law 1970
Franchise
(Amendment No. 3) (Jersey) Law 1972
Franchise
(Amendment No. 4) (Jersey) Law 1987
Franchise
(Amendment No. 5) (Jersey) Law 1995
Franchise
(Amendment No. 6) (Jersey) Law 1998
Public
Elections (Postal Voting) (Jersey) Law 1978
Public
Elections (Postal Voting) (Amendment) (Jersey)
Law 1998
SCHEDULE 2
(Article 73(2))
AMENDMENTS
1. The
Parish Rate (Administration) (Jersey) Law 1946
is amended -
(a) in Article 1
by substituting for the definition of “parish assembly” the
following definition -
“‘parish
assembly’ means, in relation to a parish, the body having the membership
specified in Article 23 of this Law;”;
(b) in Article 23
by substituting for paragraph (1) the following paragraph -
“(1) A person shall be a member of a
parish assembly of a parish if he is a principal or officer of the parish, or
his name is on an electoral register for an electoral district within the
parish.”.
2. The
States of Jersey Law 1966 is amended -
(a) in Article 14(2)
by substituting for the words “Article 3 of the Public Elections
Law” the words “the Public Elections (Jersey)
Law 2002”;
(b) by deleting from
Article 14(5)
the words “in pursuance of Article 3 of the Public Elections Law”;
(c) in the definition of
“the appointed day” in Article 58
by substituting for the words “Public Elections Law”
the words “Loi (1897) sur les Elections Publiques”;
(d) by deleting from
Article 58
the definition of “the Public Elections Law”.