Public Elections
(Jersey) Law 2002[1]
A LAW to make provision for the
election of public officers in Jersey, and for other purposes
Commencement
[see endnotes]
PART 1
Preliminary
1 Interpretation
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;[2] or
(b) in
the case of the election of a Connétable, Centenier, or Procureur du Bien Public, of a parish –
means the persons entitled to vote in such an election in the parish;[3]
“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, Centenier or Procureur du Bien Public or an election of a
Senator or Deputy;[4]
“return” means the return required under Article 21 or 52.
PART 2
WHO MAY VOTE?
2 Entitlement to vote
(1) A person
is entitled to vote in an election of a Connétable, Centenier, or Procureur du Bien Public, 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.[5]
(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 the person holds
any office (including that of Autorisé
or Adjoint), or exercises any function, under
this Law.
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 the person’s name does not appear on the
electoral register for that district, the person 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 or she considers appropriate,
that the name has been omitted from the register as a result of
administrative error.
4 Disqualification
(1) A
convicted person during the time that he or she is detained in a prison or
other penal institution in pursuance of his or her sentence or unlawfully at
large when he or she 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 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, but 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
(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
5 Entitlement to be registered
(1) A person
is entitled on a particular day to have his or her 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 Jersey for a period of at least 2 years up to and including that
day, or
(ii) ordinarily
resident in Jersey for a period of at least 6 months up to and including that
day, as well as having been ordinarily resident in Jersey at any time for an
additional period of, or for additional periods that total, at least 5 years.
(2) A person
is not entitled to have his or her name included on the electoral registers for
more than one electoral district at the one time.
6 Electoral registers
(1) The
Connétable of a parish shall prepare for 1st September 2002, for
1st July 2004, for 1st July 2006, 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.[6]
(2) A
Connétable shall include the name of a person on an electoral register
if the Connétable has been furnished with, or has obtained, information
in respect of that person sufficient to satisfy the Connétable that that
person is entitled to have his or her 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 the
Connétable’s parish, or who has applied for inclusion of his or
her name on such a register, or whose name is included on a statement returned
under Article 7, is entitled to have his or her name included on such a
register, the Connétable shall serve on that person a notice stating
that the Connétable has omitted the name and giving the reasons for the
Connétable’s decision not to do so.
(4) The
first register prepared under this Part for an electoral district shall come
into force on 1st September 2002 and shall remain in force until the date
on which the next register comes into force.[7]
(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 2
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.
7 How information is gathered
(1) A
Connétable shall cause to be sent, not later than 1st May 2004 and
again not later than 1st May in each subsequent year, to every unit of dwelling
accommodation in each electoral district within the Connétable’s 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.[8]
(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 or her 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 or her
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 the
person should have been, the Connétable shall send to that person a
notice reminding the person of his or her 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.
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.
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 or her, 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.
10 Revision of electoral register
Every Connétable shall cause the electoral register for each
electoral district within the Connétable’s 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.
11 Electoral register to be available
(1) Every
Connétable shall cause the electoral register for each electoral
district within the Connétable’s 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 the Connétable’s parish
as it stands immediately before 1st September 2002, and 1st July in each year
thereafter, to the Librarian of the Jersey Library and to the Judicial
Greffier.[9]
(3) The
Librarian and the Judicial Greffier shall each cause the copy so provided to
him or her 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.
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) not in force on the revision date
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
14 Public election
A public election shall be conducted in accordance with this Law.
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.
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.
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 Article 6 or 13 of the States of Jersey Law 2005[10] or is otherwise required.[11]
(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
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 or she 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.
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 Jersey,
specially convened at St. Helier by the Connétable of St. Helier; or
(b) in
the case of an election of a Connétable, Centenier, Procureur du Bien Public or Deputy –
by the Connétable of the parish in which the election is to take place.[12]
(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 4 days (not counting any Sunday)
before the day when the meeting is held; and
(b) to
be posted, during the 4 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.[13]
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 9 seconders, all 10 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) not in force on the revision date
(6) not in force on the revision date
(7) not in force on the revision date
(8) The
meeting shall not be closed less than 20 minutes after it has been opened.
(9) The
person presiding shall make a record of the nominations.
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
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 4 days (not counting
any Sunday) before the day when the poll is held; and
(b) cause
a notice to be posted, during the 4 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.[14]
(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.
23 Disqualification or death of candidate
(1) If
a candidate in a constituency is disqualified, or dies, between the day of his
or her 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).
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 the Connétable’s 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.
25 Secret ballot
In every public election the poll shall be by secret ballot.
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 Minister for Home Affairs.
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 or her in the polling station
that the Autorisé supervises in person.
(3) The
Autorisé shall include in the return a
record of the appointment and names of the Adjoints.
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 the candidate, if the candidate has
notified the Autorisé in writing that he
or she 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 or her 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.
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.
30 Time when poll opens
In every public election, the poll shall open at 8 am (or, instead,
at such time as the States may prescribe by Regulations).[15]
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.
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 or she 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 or
she 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 or herself 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.
33 Voting
(1) Once
he or she 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 or her 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 or her ballot paper and place it in a
ballot box, and then immediately leave the polling station.
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 the person 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.
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 or she considers appropriate for taking his or her
vote, provided secrecy in voting is maintained.
(2) Those
measures may include a visit to the person.
36 Spoilt ballot papers
If a person spoils the ballot paper that has been given to him or
her, he or she may obtain another from the Autorisé
or an Adjoint, on giving back to him or her the
spoilt one, which shall forthwith be cancelled and initialled by the Autorisé or Adjoint.
PART 7
POSTAL AND PRE-POLL VOTING
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.
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 Jersey during the hours of polling; or
(b) the
person has commitments, or a disability, that will prevent him or her from attending
personally at a polling station on polling day.
39 Advertising postal and pre-poll voting
(1) Once
a public election has been ordered (not being an election of a Centenier or Procureur du Bien Public), the
Judicial Greffier shall have published in the Jersey Gazette on 2 different
days a notice that a person entitled under Article 38 may register for
postal voting.[16]
(2) If
a poll becomes necessary in any public election (whether or not an election to
which paragraph (1) applies), the Judicial Greffier shall have published in the
Jersey Gazette on 2 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. [17]
(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 or her 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.
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),
the Judicial Greffier shall, if satisfied that the applicant is entitled to
vote –
(a) enter
the name and address of that person, together with his or her electoral number,
in the part of the register of postal and pre-poll voters for the electoral
district in which he or she is so entitled; and
(b) against
that entry, enter a letter allocated (by the Judicial Greffier) 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.
41 Name accidentally omitted from electoral register
(1) When
the Judicial Greffier receives an application that is properly made under Article 39(4),
the Judicial Greffier shall, if it appears to him or her 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 or she believes that his or her name has been omitted from
the electoral register as a result of an administrative error, apply to the
Judicial Greffier for his or her name nevertheless to be included on the register
of postal and pre-poll voters, indicating his or her 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 or her 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.
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 the Judicial Greffier
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.
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.
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 or
she would if he or she 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 or
she receives.
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.
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 or her 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, the Autorisé
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, the Autorisé
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) The
Autorisé 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 2 sealed packages to the Judicial Greffier.
PART 8
COUNT
47 Close of poll
(1) At 8
pm on 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.
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) The
Autorisé 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 2 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.
49 Counting
(1) The
Autorisé shall, once satisfied he or she
has all the ballot boxes, and all the packages, from a public election in his
or her electoral district, open the packages and determine the number of voters
from all the copies of the register that relate to his or her 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.
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 2 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.
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.
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
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.
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, Centenier or Procureur du Bien Public.[18]
(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, Centenier or Procureur du Bien Public (or as more than one of
these) for the longer aggregate time shall have precedence. [19]
(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, Centenier or Procureur du Bien Public, the candidates who
have gained the higher numbers of votes shall have precedence. [20]
(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.
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.
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 6 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
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 6 months following the day that has been fixed for delivering the returns to
the Royal Court.
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 6 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 or her case within the time allowed by the Royal Court, his or her
objection shall be set aside, and the plaintiff shall be ordered to pay the
recoverable and non-recoverable costs of the case.
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.
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 or herself as being a person included on
the electoral register in force for the election;
(e) that
a person recorded his or her vote in a manner contrary to the requirements of
this Law.
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
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 herself, or for
any other person, at a public election, or an abstention from voting at a
public election, the person –
(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 or she 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).
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.
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 scale if, at a public election, the person –
(a) discloses
any vote given secretly other than his or her 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 the person
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 scale if he or she, 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.
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 scale if, at a public election and with
fraudulent intent, the person has –
(a) voted,
or presented himself or herself to vote, in the name and in the place of another
person;
(b) represented
himself or herself as having the right to vote at a public election when the person
did not have that right; or
(c) voted
without the right to do so at a public election.
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 or she 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 or herself on more than
one electoral register;
(c) votes
or attempts to vote at a public election in an electoral district for which the
person is not registered;
(d) votes
or attempts to vote at a public election in more than one electoral district;
(e) having
had his or her 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 4 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 or she examines or attempts to
examine a counterfoil so used.
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.
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 6 months from the date of the
order of the Royal Court for the holding of the election.
PART 12
MISCELLANEOUS
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 the person’s proper address; or
(c) by
sending it by post to the person’s proper address.
(2) For
the purposes of this Article and of Article 7 of the Interpretation (Jersey) Law 1954[21] 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 or her 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.
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.
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.
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.
73 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.
74 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.