Parliamentary Voting System and Constituencies Bill Debate

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Baroness Primarolo

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Parliamentary Voting System and Constituencies Bill (Programme) (No. 2)

Parliamentary Voting System and Constituencies Bill

Baroness Primarolo Excerpts

Business without Debate
Tuesday 12th October 2010

(15 years, 11 months ago)

Commons Chamber
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Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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I beg to move amendment 7, page 1, leave out from line 7 to end of line 4 on page 2 and insert—

‘(3) The questions that are to appear on the ballot paper are—

“(1) Do you want to change the current “first past the post” system for electing Members of Parliament to the House of Commons?

(2) If there were a change, list your order of preference, 1, 2, 3, for the United Kingdom to adopt:

(a) The ‘alternative vote’ system,

(b) The ‘additional member’ system, or

(c) The ‘single transferable vote’ system with multi-member constituencies?”.

(4) In Wales, a Welsh version of the question is also to appear on the ballot papers.

(5) The voting for the second question in the referendum shall be in accordance with section (Counting of votes on second question of referendum).’.

Baroness Primarolo Portrait The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
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With this it will be convenient to discuss the following:

Government amendment 230.

Amendment 140, page 1, leave out lines 8 to 11 and insert—

‘Rank your preference for the system for electing members to the House of Commons (a) Alternative Vote (b) First Past The Post (c) The Single Transferable Vote.’.



Amendment 204, page 1, line 9, after ‘vote’, insert ‘plus’.

Government amendment 231.

Amendment 141, page 2, line leave out lines 1 to 4 and insert—

‘Graddiwch pa gyfundrefn o ethol aelodau i Ty’r Cyffredin sydd well gennych chi. (a) Pleidlais Amgen (b) Cyntaf i’r Felin (c) Pleidlais Sengl Drosglwyddadwy.’.

Amendment 205, page 2, line 2, after ‘amgen’, insert ‘plws’.

Amendment 142, page 2, line 4, at end insert—

‘(4) In Scotland, the following Gaelic version of the question is also on ballot papers—

Rangaich do roghainn a thaobh an t-siostaim taghaidh buill gu Taigh nan Cumantan? (a) Bhòt Eadar-roghnach (b) A’Chiad Bhuannaiche (c) Bhòt Mhalairteach Shingilte.’.

Amendment 14, in schedule 1, page 15, line 30 leave out

‘in favour of each answer to the question’

and insert

‘in answer to the questions’.

Amendment 15, page 19, line 24, leave out ‘question’ and insert ‘questions’.

Amendment 16, in schedule 2, page 26, line 39, leave out ‘question’ and insert ‘questions’.

Amendment 17, line 17, leave out ‘answer’ and insert ‘answers’.

Amendment 18, page 32, line 16, after ‘only’, insert

‘in relation to each question’.

Amendment 19, page 47, line 22, leave out ‘to the referendum question’ and insert

‘either or both of the referendum questions’.

Amendment 143, page 54, leave out lines 7 to 16 and insert

‘In England the ballot shall be as follows:

Front of ballot paper

Rank your preference for the system for electing members to the House of Commons Please rank in order of preference (1,2,3) You must mark at least one number on the ballot

Alternative Vote

First Past the Post

Single Transferable Vote



In Wales, the ballot paper shall be as follows:

Front of ballot paper

Graddiwch pa gyfundrefn o ethol aelodau i Ty’r Cyffredin sydd well gennych chi

Rhowch pa gynfundrefn sydd well gennych chi yn Ă´l trefn blaenoriaeth (1,2,3) Rhaid i chi farcio o leiaf un rhif ar y papur pleidleisio.

Rank your preference for the system for electing members to the House of Commons Please Rank in order of preference (1,2,3) You must mark at least one number on the ballot.

Pleidlais Amgen/ Alternative Vote

Cyntaf i’r Felin/ First Past the Post

Pleidlais Sengl Drosglwyddadwy/ Single Transferable Vote



In Scotland, the ballot paper shall be as follows:

Front of ballot paper

Rangaich do roghainn a thaobh an t-siostaim taghaidh buill gu Taigh nan Cumantan Rangaich iad a rèir do roghainn (1,2,3) Feumaidh tu co-dhiÚ aon àireamh a chomharrachadh sa bhaileat. Rank your preference for the system for electing members to the House of Commons Please Rank in order of preference (1,2,3) You must mark at least one number on the ballot.

Bhòt Eadar-rognach/ Alternative Vote

A’Chiad Bhuannaiche/ First Past the Post

Bhòt Mhalairteach Shinglite/ Single Transferable Vote





Amendment 20, page 54, leave out lines 9 to 16 and insert—

Vote (X) once for question 1

1. Do you want to change the current “first past the post” system for electing Members of Parliament to the House of Commons

Yes

No

Then list your preference for what new system might be adopted by numbering 1, 2, 3 for question 2

2. If there was a change do you want the United Kingdom to adopt:

(a) The “alternative vote” system or

(b) The “additional member system” or

(c) The “single transferable vote” system with three member constituencies?’.



Government amendment 232.

Amendment 223, page 54, line 12, after ‘vote’, insert ‘plus’.

Amendment 21, page 55, leave out line 3.

Amendment 22, page 55, line 4, leave out ‘question’ and insert ‘questions’.

Amendment 23, page 55, line 5, leave out ‘question’ and insert’ questions’.

Amendment 24, page 55, leave out line 20.

Amendment 25, page 55, line 25, leave out ‘question’ and insert ‘questions’.

Amendment 26, page 55, line 26, leave out ‘question’ and insert ‘questions’.

Amendment 27, page 55, line 27, leave out ‘question’ and insert ‘questions’.

Amendment 28, page 55, line 32, leave out ‘question’ and insert ‘questions’.

Amendment 46, page 57, line 15,after ‘only’, insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 47, page 57, line 18, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 48, page 58, line 32, after ‘only’ insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 49, page 59, line 2, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 50, page 60, line 6, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 51, page 60, line 7 after ‘only’ insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 52, page 63, line 15, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 53, page 63, line 17, after ‘only’, insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 54, page 67, line 5, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 55, page 67, line 9, after ‘only’, insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 56, page 73, line 5, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 57, page 73, line 7, after ‘only’ insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 144, in clause 6, page 4, leave out lines 27 and 28 and insert—

‘(a) the answer “alternative vote” is selected in the referendum, and’.

Amendment 8, page 4, line 28, after ‘“No”’, insert

‘to Question 1, and the alternative vote system is selected in response to question 2 in the referendum’.

Amendment 9, page 4, line 32, at end insert—

‘(1A) The Minister must make an order bringing into force section (The single transferable vote system: amendments) if—

(a) the single transferable vote system is selected in response to question 2 of the referendum, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 8(6) below) which provides for multi-member constituencies, in accordance with subsection (4) of section 3 of that Act as amended by section 8(5A) below, has been submitted to Her Majesty in Council under section 4 of that Act.

(1B) The Minister must make an order bringing into force section (The additional member system: amendments) if—

(a) the single transferable vote system is selected in response to question 2 of the referendum, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 8(6) below) which provides for the additional member system, in accordance with subsection (4) of section 3 of that Act as amended by section 8(5A) below, has been submitted to Her Majesty in Council under section 4 of that Act.’.

Amendment 145, page 4, line 33, leave out from ‘if’ to second ‘the’ in line 34 and insert

‘the answer “alternative vote” is not selected in the referendum’.

Amendment 10, page 4, line 34, leave out from ‘“No”’ to end and insert

‘to Question 1, the Minister must make an order repealing the alternative vote provisions and section (The single transferable vote system: amendments) and section (The additional member system: amendments).’.

Amendment 11, page 4, line 39, leave out ‘subsection (1)’ and insert ‘subsections (1), (1A) or (1B)’.

Amendment 206, in clause 7, page 5, leave out lines 2 to 11 and insert—

‘How constituency votes are to be given

37A (1) A voter votes by marking a constituency ballot paper and a top-up ballot paper.

(2) A voter marks the constituency ballot paper with—

(a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference,

and so on.

(3) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.

(4) A voter marks the top-up ballot paper with a mark opposite a single political party list of candidates.’.

Amendment 207, page 5, line 13, after ‘How’, insert ‘constituency’.

Amendment 208, page 5, line 16, leave out

‘ballot papers and so to determine which candidate is elected’

and insert

‘constituency ballot papers and so determine which constituency candidate is elected, and how top-up votes are to be counted and so determine the allocation of top-up seats to political parties.’.

Amendment 209, page 5, line 34, at end insert—

‘(5A) Top-up ballots shall be counted simultaneously’.

Amendment 210, page 5, line 36, after ‘no’, insert ‘constituency’.

Amendment 211, page 5, line 40, after ‘each’, insert ‘constituency’.

Amendment 212, page 5, line 42, after ‘which’, insert ‘constituency’.

Amendment 213, page 5, line 43, after ‘rejected’, insert ‘constituency’.

Amendment 214, page 6, line 5, after ‘each’, insert ‘constituency’.

Amendment 215, page 6, line 7, after ‘which’, insert ‘constituency’.

Amendment 216, page 6, line 8, after ‘the’, insert ‘constituency’.

Amendment 217, page 6, line 9, at end insert—

‘(2A) After rule 50 in that Schedule there is inserted—

“50A(1) The returning officer shall give public notice of the total number of votes given for each political party together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers and return this information to the Clerk of the Crown.

(2) The Clerk of the Crown shall determine the allocation of top-up seats in England, Scotland, Wales and Northern Ireland, by applying the D’Hondt formula to the total aggregated top-up votes in each of the four parts of the United Kingdom, as declared by each and every returning officer in that part.”.’.

Amendment 221, in schedule 6, page 144, line 29, at beginning insert—

‘Constituency ballot’.

Amendment 222, page 144, line 39, at end insert—

‘Top-Up ballot

Vote for one political party only. Put no other mark on the ballot paper, or your vote may note be counted’.

Amendment 12, in clause 8, page 7, line 9, at end insert—

‘(5A) In subsection (4) the words are inserted at the end—

“and each such report shall also provide for multi-member constituencies of three members, stating the name by which they recommend that each such area should be known, and for the additional member system as provided for in the Scotland Act 1998, as close as possible to 57 per cent. to be allocated for constituency representatives and the remaining seats to be allocated for closed party lists.”.’.

Amendment 13, in clause 16, page 13, line 3, at end insert—

‘(1A) Section (The single transferable vote system: amendments) comes into force in accordance with provision made by an order under section 6(1A).’.

New clause 3—The single transferable vote system: amendments—

‘(1) Within one month of the coming into force of this section, the Minister must lay before Parliament a draft of an order amending the parliamentary elections rules as set out in Schedule 1 to the 1983 Act so as to provide for a system of a single transferable vote in multi-member constituencies.

(2) An order under subsection (1) above may make any amendments to primary or secondary legislation necessary to give effect to the use of the single transferable vote in the United Kingdom parliamentary elections.

(3) An order under subsection (1) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.’.

New clause 4—The additional member system: amendments—

‘(1) Within one month of the coming into force of this section, the Minister must lay before Parliament a draft of an order amending the parliamentary elections rules as set out in Schedule 1 to the 1983 Act so as to provide for an additional member system.

(2) An order under subsection (1) above may make any amendments to primary or secondary legislation necessary to give effect to the use of the additional member system in United Kingdom parliamentary elections.

(3) An order under subsection (1) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.’.

New clause 5—Counting of votes on second question of referendum—

‘(1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the option that is the voter’s first preference (or, as the case may be, the only option for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the option that is the voter’s second preference, and so on.

(2) The voter may mark as many preferences (up to the number of options) as the voter wishes.

(3) Votes shall be allocated to options in accordance with voters’ first preferences and, if one option has more votes than the other options put together, that option is selected.

(4) If not, the options with the fewest votes is eliminated and that option’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining options shall be reallocated to that remaining option or (as the case may be) to the one that the voter ranked highest;

(b) any votes not reallocated shall play no further part in the counting.

(5) If after that stage of counting one option has more votes than the other remaining options put together, that option is selected.

(6) If not, the process mentioned in subsection (4) above shall be repeated as many times as necessary until one option has more votes than the other remaining options put together, and so is selected.

(7) If no option is selected at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—

(a) the number of first-preference votes obtained by each option;

(b) which option was eliminated;

(c) the number of rejected ballot papers.

(8) Immediately after each subsequent stage of counting, except the final stage, the returning officer shall record and make publicly available the following information—

(a) the number of votes obtained by each option at that stage;

(b) which option was eliminated at that stage;

(c) the number of votes for the option eliminated at the previous stage that were not reallocated.’.

New clause 14—Counting of votes in the referendum—

‘(1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the option that is the voter’s first preference (or, as the case may be, the only option for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the option that is the voter’s second preference, and so on.

(2) The voter may mark as many preferences (up to the number of options) as the voter wishes.

(3) This rule sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which options are selected.

(4) Votes shall be allocated to options in accordance with voters’ first preferences and, if one option has more votes that the other options put together, that option is selected.

(5) If not, the options with the fewest votes are eliminated and that option’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining options shall be reallocated to that remaining option or (as the case may be) to the one that the voter ranked highest;

(b) any votes not reallocated shall play no further part in the counting.

(6) If no option is selected at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—

(a) the number of first-preference votes obtained by each option;

(b) which option was eliminated;

(c) the number of rejected ballot papers.’.

New clause 15—Commencement or repeal of amending provisions: Single transferable vote—

‘(1) The Minister must make an order bringing into force section (Single transferable vote system: amendments), Schedule (Single transferable vote system: further amendments) and Part 1 of Schedule 7 (Single transferable vote provisions) if—

(a) the answer “Single Transferable Vote” is selected in the referendum, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 8(6) (below) has been submitted to Her Majesty in Council under section 4 of that Act.

(2) If the answer “Single Transferable Vote” is not selected, the Minister must make an order repealing the single transferable vote provisions.

(3) An order under subsection (1) must bring the single transferable vote provisions into force on the same day as the coming into force of the Order in Council in terms of the draft referred to in paragraph (b) of that subsection.

(4) An order under subsection (1) may make transitional or saving provision.’.

New clause 16—Single transferable vote system: amendments—

‘(1) In Schedule 1 to the 1983 Act (Parliamentary elections rules), after rule 37 there is inserted—

“How votes are to be given

37A(1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference,

and so on.

(2) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.”.

(2) After rule 45 in that Schedule there is to be inserted—

“How votes are to be counted

45A(1) This rule sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which candidate is elected.

First stage

45B(1)The returning officer shall sort the valid ballot papers into parcels according to the candidates for whom first preference votes are given.

(2) The returning officer shall then—

(a) count the number of ballot papers in each parcel;

(b) credit the candidate receiving the first preference vote with one vote for each ballot paper; and

(c) record those numbers.

(3) The returning officer shall also ascertain and record the total number of valid ballot papers.

The quota

45C(1)The returning officer shall divide the total number of valid ballot papers for the constituency by a number exceeding by one the number of members to be elected at the election for that constituency.

(2) The result of the division under paragraph (1) (Ignoring any decimal places), increased by one, is the number of votes needed to secure the return of a candidate as a member (in this Schedule referred to as the ‘quota’).

Return of members of House of Commons

45D(1)Where, at any stage of the count, the number of votes for a candidate equals or exceeds the quota, the candidate is deemed to be elected.

(2) A candidate is returned as a member of the House of Commons when declared to be elected in accordance with paragraph 8(1).

Transfer of ballot papers

45E(1)Where, at the end of any stage of the count, the number of votes credited to any candidate exceeds the quota and, subject to paragraphs 5 and 8, one or more vacancies remain to be filled, the returning officer shall sort the ballot papers received by that candidate into further parcels so that they are grouped—

(a) according to the next available preference given on those papers; and

(b) where no such preference is given, as a parcel of non-transferable papers.

(2) The returning officer shall, in accordance with this paragraph and paragraph 5, transfer each parcel of ballot papers referred to in sub-paragraph (1)(a) to the continuing candidate for whom the next available preference is given on those papers and shall credit such continuing candidates with an additional number of votes calculated in accordance with sub-paragraph (3).

(3) The vote on each ballot paper is transferred under sub-paragraph (2) shall have a value (‘the transfer value’) calculated as follows—

where:

A = the value which is calculated by multiplying the surplus of the transferring candidate by the value of the ballot paper when received by that candidate; and

B = the total number of votes credited to that candidate, the calculation being made to five decimal places (any remainder being ignored).

(4) For the purposes of sub-paragraph (3)—

“transferring candidate” means the candidate from whom the ballot paper is being transferred; and

“the value of the ballot paper” means—

(e) for a ballot paper on which a first preference vote is given for the transferring candidate, one; and

(f) in all other cases, the transfer value of the ballot paper when received by the transferring candidate.

Transfer of ballot papers: supplementary provisions

45F(1) If, at the end of any stage of the count, the number of votes credited to two or more candidates exceeds the quota the returning officer shall—

(a) first sort the ballot papers of the candidate with the highest surplus; and

(b) then transfer the transferable papers of that candidate.

(2) If the surpluses determined in respect of two or more candidates are equal, the transferable papers of the candidate who had the highest number of votes at the end of the most recent preceding stage at which they had unequal numbers of votes shall be transferred first.

(3) If the numbers of votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide, by lot, which candidate’s transferable papers are to be transferred first.

Exclusion of candidates

45G(1) If one or more vacancies remain to be filled and—

(a) the returning officer has transferred all ballot papers which are required by paragraph 5 or this paragraph to be transferred; or

(b) there are no ballot papers to be transferred under paragraph 5 or this paragraph, the returning officer shall exclude from the election at that stage the candidate with the then lowest number of votes.

(2) The returning officer shall sort the ballot papers for the candidate excluded under sub-paragraph (1) of this paragraph into parcels so that they are grouped—

(a) according to the next available preference given on those papers; and

(b) where no such preference is given, as a parcel of non-transferable papers.

(3) The returning officer shall, in accordance with this article, transfer each parcel of ballot papers referred to in sub-paragraph (2)(a) to the continuing candidate for whom the next available preference is given on those papers and shall credit such continuing candidates with an additional number of votes calculated in accordance with sub-paragraph (4).

(4) The vote on each ballot paper transferred under sub-paragraph (3) shall have a transfer value of one unless the vote was transferred to the excluded candidate in which case it will have the same transfer value as when transferred to the candidate excluded under sub-paragraph (1).

(5) This paragraph is subject to paragraph 45H.

Exclusion of candidates: supplementary provisions

45H(1) If, when a candidate has to be excluded under paragraph 6—

(a) two or more candidates each have the same number of votes; and

(b) no other candidate has fewer votes, sub-paragraph (2) applies.

(2) Where this sub-paragraph applies—

(a) regard shall be had to the total number of votes credited to those candidates at the end of the most recently preceding stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at that stage shall be excluded; and

(b) where the number of votes credited to those candidates was equal at all stages, the returning officer shall decide, by lot, which of those candidates is to be excluded.

Filling of last vacancies

45I(1)Where the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates are deemed to be elected.

(2) Where the last vacancies can be filled under this paragraph, no further transfer shall be made.

By-elections

45J(1) Where a vacancy occurs in any constituency, paragraphs (45A) to (45H) apply to the subsequent by-election.

(2) Where more than one vacancy exists in a constituency when a writ for a by-election in that constituency is moved, only one by-election is to be held for the vacant seats and this rule applies as if the number of members to be elected is the total number of seats vacant in that constituency.”.’.

New schedule 1—The single transferable vote system: further amendments—

Part 1

Amendments of the parliamentary elections rules

1 Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

2 For rule 18 (poll to be taken by ballot) there is substituted—

“18 The votes at the poll shall be given by ballot in accordance with rule 37A below, the result shall be ascertained in accordance with rule 45A below and the successful candidate shall be declared to have been elected.”.

3 In rule 29 (equipment of polling stations), in paragraph (5), for the words after “the notice” there is substituted—

“Remember—use 1, 2, 3, etc... at this election—this is an election using the Single Transferrable Vote system.

Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate). You can also put the number 2 next to your second choice, 3 next to your third choice, and so on. You can mark as few or as many choices (up to the number of candidates) as you wish.

Do not use the same number more than once.

Put no other mark on the ballot paper, or your vote may not be counted.”.

4 In rule 44 (attendance at counting of votes), in paragraph (5), for “the candidate for whom the vote is given” there is substituted “the candidates to whom votes are allocated under rule 45A below”.

5 (1) In rule 46 (re-count), for paragraph (1) there is substituted—

“(1) At the time when any stage of the counting or re-counting of the votes is completed, a candidate or candidate’s election agent who is then present may request the returning officer to have the votes re-counted or again re-counted in respect of any or all of the stages so far completed.

(1A) The returning officer may refuse to comply with a request under paragraph (1) above if in the officer’s opinion it is unreasonable.”.

(2) In paragraph (2) of that rule, after “on the completion of” there is inserted “any stage of”.

(3) After that paragraph there is inserted—

“(3) At any time before the declaration of the result, the returning officer may, if the officer thinks fit, have the votes re-counted or again re-counted in respect of any or all of the stages.”.

6 (1) In rule 47 (rejected ballot papers), in the heading there is inserted at the end “and invalid markings”.

(2) In paragraph (1) of that rule—

(a) for sub-paragraph (b) there is substituted—

“(aa) on which the number 1 has not been marked against the name of any of the candidates, or

(b) on which the number 1 has been marked against the name of more than one candidate, or”,

(b) in sub-paragraph (d), for “void for unertainty” there is substituted “is marked in a way that does not indicate a clear choice as to the voter’s first (or only) preference”;

(c) for the words after that sub-paragraph there is substituted “shall, subject to the following provisions, be rejected as void and not counted at any stage.”.

(3) For paragraph (2) of that rule there is substituted—

“(2) A ballot paper on which a number is marked elsewhere than in a proper place shall not be deemed to be void for that reason alone.

(2A) If a ballot paper is marked with the same number (other than the number 1) against the name of more than one candidate, that number (each time it appears) and any numbers after the repeated numbers shall be ignored for the purposes of rule 45A above.

(2B) If—

(a) one or more preferences are validly marked on a ballot paper, and

(b) other marks are made on the paper which do not indicate a clear intention as to the voter’s next preference,

those other marks shall be ignored for the purposes of rule 45A above.

(2C) A ballot paper on which the voter makes any mark which—

(a) is clearly intended to indicate a particular preference for a particular candidate, but

(b) is not a number (or is a number written otherwise than as an Arabic numeral),

(2D) In paragraph (2C) above a reference to a mark includes a reference to more than one mark.

(2E) Paragraphs (2B) and 2(C) above apply only if the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified by it.”

(4) After paragraph (3) of that rule there is inserted—

“(3A) Where—

(a) any mark on a ballot paper is ignored by reason of paragraph (2A) or (2B) above, and

(b) the vote in question is not reallocated in accordance with rule 45A above, but would have been if the mark had been treated as indicating a preference for a remaining candidate,

the returning officer shall endorse the ballot paper in question with the words “not reallocated” and an indication of the stage at which the mark was ignored.

(3B) Where the returning officer endorses a ballot paper as mentioned in paragraph (3A), the officer shall add to the endoresement the words “decision objected to” if an objection is made by a counting agent to the decision.”.

(5) In paragraph (4) of that rule—

(a) for sub-paragraph (b) there is substituted—

“(aa) not marking the number 1 against the name of any of the candidates;

(b) marking the number 1 against the name of more than one candidate;”;

(b) for sub-paragraph (d) there is substituted—

(d) unmarked or marked in a way that does not indicate a clear choice as to the voter’s first (or only) preference.”.

7 (1) For rule 49 (equality of votes), and the heading, there is substituted—

“Equality of votes: which candidate to be eliminated

49(1) This rule applies to determine which candidate is eliminated under rule 45A(3) above in a case where—

(a) there are two or more candidates with fewer votes than the others but an equal number to each other, or

(b) there are three or more candidates, or remaining candidates, and they all have an equal number of votes to each other.

The candidates with an equal nunber of votes to each other are referred to in this rule as “the tied candidates”.

(2) The candidate to be eliminated where there has been a previous elimination is—

(a) whichever of the tied candidates was allocated the fewer or fewest votes in accordance with voters’ first preferences, or

(b) if that fails to resolve the tie, whichever of them had the fewer or fewest votes after the next stage of counting (if any),

and so on.

(3) Where there has been no previous elimination, or where there has been a previous elimination but the tie is not resolved under paragraph (2) above, the returning officer shall forthwith decide by lot which of the tied candidates is to be eliminated.

Equality of votes: which candidate to be elected

49A (1) This rule applies to determine which candidate is elected under rule 45A(4) or (5) above in a case where there are only two remaining candidates and they have an equal number of votes.

(2) The candidate to be elected is—

(a) whichever of the remaining candidates was allocated the more votes in accordance with voters’ first preferences, or

(b) if that fails to resolve the tie, whichever of them had the more votes after the next stage of counting (if any),

and so on.

(3) Where the tie is not resolved under paragraph (2) above, the returning officer shall forthwith decide by lot which of the remaining candidates is to be elected.”.

8 In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to (c) there is substituted—

“(a) declare the number of votes obtained by each candidate (including any reallocated in accordance with rule 45A above), starting with the candidate with the fewest and proceeding in order to the candidate with the most;

(aa) declare which is the candidate who (in accordance with that rule is) elected;

(ab) declare the stage at which each eliminated candidate was eliminated and the stage at which the elected candidate was elected;

(b) return the name of the elected candidate to the Clerk of the Crown;

(c) give public notice of the name of the elected candidate, the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, the number of votes allocated to each candidate in accordance with voters’ first preferences, and for each subsequent stage of counting—

(i) the name of the eliminated candidate;

(ii) the number of votes reallocated to each of the remaining candidates, and

(iii) the number of votes of the candidate eliminated at the previous stage that were not reallocated.”.

9 In rule 53 (return of forfeiture of candidate’s deposit), in paragraph (4), for the words after “is completed,” there is substituted “the number of first preference votes obtained by the candidate is found to be not more than one twentieth of the total number of first-preference votes obtained by all the candidates.”.

10 (1) In rule 61 (deceased independent candidate wins), in paragraph (1), for “the majority of votes is given to the deceased candidate” there is substituted “the deceased candidate would have been elected (in accordance with rule 45A above) had he not died”.

(2) In paragraph (2) of that rule, for sub-paragraph (a) there is substituted—

“(a) declare the number of votes obtained by each candidate (including any reallocated in accordance with rule 45A above, starting with the candidate with the fewest and proceeding in order to the candidate with the most,

(aa) declare that the deceased candidate would have been elected had he not died,”.

(3) For sub-paragraph (c) of that paragraph there is substituted—

“(c) give public notice of the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, the number of votes allocated to each candidate in accordance with voters’ first preferences, and for each subsequent stage of counting—

(i) the name of the candidate eliminated,

(ii) the number of votes reallocated to each of the remaining candidates, and

(iii) the number of votes of the candidate eliminated at the previous stage that were not reallocated.”.

11 (1) For rule 62 (deceased independent candidate with equality of votes) there is substituted—

“62(1) This rule applies in relation to an election mentioned in rule 60(1) above.

(2) The reference in rule 45A(3) above to the candidate with the fewest votes, in a case where—

(a) there are two or more candidates with fewer votes than the others but an equal number to each other, and

(b) one of them is a deceased candidate,

shall be taken as a reference to the deceased candidate.

(3) The reference in rule 45A(4) or (5) above to the candidate with more votes than the other remaining candidates put together, in a case where—

(a) there are only two remaining candidates,

(b) those two candidates have an equal number of votes, and

(c) one of them is a deceased candidate,

shall be taken as a reference to the candidate other than the deceased candidate.

(4) Where paragraph (2) or (3) above applies, it applies in place of rule 49 or 49A above.”.

12 (1) The Appendix of forms is amended as follows—

(2) In the Form of Front of Ballot Paper—

(a) for “VOTE FOR ONE CANDIDATE ONLY” there is substituted—

“Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 next to your second choice, 3 next to your third choice, and so on.

You can mark as few or as many choices (up to the number of candidates) as you wish.

Do not use the same number more than once.”.

(b) the numbers on the left-hand side are omitted, together with the vertical rule separating them from the particulars of the candidates.

(3) In the directions as to printing the ballot paper—

(a) in paragraph 2(a), for “the direction to vote for one candidate only” there is substituted “the directions beginning “Put the number 1 next to the name of the candidate who is your first choice” and ending “Do not use the same number more than once.””;

(b) in paragraph 2(b), for the words “the vertical rules separating those particulars from the numbers on the left-hand side and the spaces on the right” there is substituted “the vertical rule separating those particulars from the spaces on the right”.

(4) In the Guidance for Voters—

(a) for paragraph 1 there is substituted—

“1 When you are given a ballot paper go to one of the compartments. Put the number 1 on the ballot paper in the box to the right of the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 in the box to the right of the name of the candidate who is your second choice, the number 3 in the box to the right of the name of the candidate who is your third choice, and so on. You can mark as few or as many choices (up to the number of candidates) as you wish. Do not use the same number more than once.”,

(b) in paragraph 2, the words “Vote for one candidate only.” are repealed.

Part 2

Amendments of other provisions of the 1983 Act

13 The 1983 Act is amended as follows.

14 (1) In section 66 (requirement of secrecy), in subsection (2)(b), for “the candidate for whom any vote is given on any particular ballot paper” there is substituted “how any particular ballot paper has been marked”.

(2) In subsection (3)(b) and (c) of that section, for “the candidate for whom” there is substituted “how”.

(3) In subsection (3)(d) of that section, for “the name of the candidate for whom he has or has not” there is substituted “how he has”.

(4) In subsection (4)(d) of that section, for “the candidate for whom any vote is given on any particular ballot paper” there is substituted “how any particular ballot paper has been marked”.

(5) In subsection (5) of that section, for “the candidate for whom” there is substituted “how”.

(6) Subsections (7) and (8) of that section are repealed.

(7) The amendments made by this paragraph do not apply to a local government election (within the meaning given by section 204(1) of the 1983 Act) in Scotland.

15 In section 113 (bribery), in subsection (7)—

(a) for “this section the expression” there is substituted “this section—

(a) the expression”;

(b) at the end there is inserted—

“(b) a reference to voting or refraining from voting, in the case of a parliamentary election, includes a reference to marking or refraining from marking preferences on the ballot paper;

(c) a reference to the vote of any voter, in the case of a parliamentary election, includes a reference to the marking of a voter’s preferences on the ballot paper.”.

16 In section 114 (treating), at the end there is inserted—

“(4) Subsection (7)(b) of section 113 above has effect for the purposes of this section as it has effect for the purposes of that one.”

17 In section 115 (undue influence), at the end there is inserted—

“(3) Subsection (7)(b) of section 113 above has effect for the purposes of this section as it has effect for the purposes of that one.”.

18 (1) In section 117 (savings as to parliamentary elections), in subsection (2)(b), for “to record his vote for any particular candidate” there is substituted “to vote in any particular way”.

(2) In subsection (2)(c) of that section, for “recording his vote for any particular candidate” there is substituted “voting in any particular way”.

19 (1) In section 139 (trial of election petition), in subsection (6) the words “the parliamentary elections rules or”, in both places, are repealed.

(2) After that subsection there is inserted—

“(6A) If the petition relates to an election conducted under the parliamentary elections rules and it appears that there is an equality of votes between any candidates (a ‘tie’)—

(a) rule 49, 49A or 62 of those rules (whichever is relevant) shall apply for the purposes of the petition;

(b) where under rule 49 or 49A the tie fails to be resolved by lot—

(i) any decision made by lot by the returning officer under that rule shall, in so far as it resolves the tie, be effective also for the purposes of the petition, and

(ii) in so far as the tie is not resolved by such a decision, the court shall resolve it by lot.”.

20 In section 165 (avoidance of election for employing corrupt agent), after subsection (3) there is inserted—

“(3A) In the case of a parliamentary election—

(a) a vote shall be deemed in accordance with subsection (3) above to be thrown away only to the extent that it indicates a preference (whether a first preference or any other) for the person who was under the incapacity, and

(b) any number on the voter’s ballot paper indicating a subsequent preference shall be treated as reduced by one.”.

21 In section 166 (votes to be struck off for corrupt or illegal practices), in subsection (1), for the words from “election there shall” to the end there is substituted “election, then on a scrutiny—

(a) there shall be disregarded any preference for the candidate (whether a first preference or any other) indicated by a voter who is proved to have been so bribed, treated or unduly influenced, and

(b) any number on the voter’s ballot paper indicating a subsequent preference shall be treated as reduced by one.”.

22 In section 199B (translations etc of certain documents), in subsection (6), for the words “in the case of a parliamentary election or” in paragraph (a) there is substituted—

“in the case of a parliamentary election, must have printed the following words both at the top and immediately below the list of candidates:

“Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 next to your second choice, 3 next to your third choice, and so on.

You can mark as few or as many choices (up to the number of candidates) as you wish.

Do not use the same number more than once.”,

(aa) in the case of”.

Part 3

Amendments of other enactments

Political Parties, Elections and Referendums Act 2000 (c. 41)

23 In section 3A of the 2000 Act (four Electoral Commissioners to be persons put forward by parties), in subsection (7), for “votes cast for” there is substituted “first-preference votes obtained by”.

24 In section 1 of the 1986 Act (Parliamentary constituencies) in subsection (1), for “a single member” there is substituted “no fewer than three members except for constituencies named in Schedule 2, rule 6 of this Act”’.

Amendment 224, in title, line 3, after ‘vote’, insert ‘plus’.

Amendment 35, in title, line 3, after ‘system’, insert

‘or the single transferable vote system or the additional member system’.

Amendment 139, in title, line 3, leave out

‘if a majority of those voting in the referendum are in favour of that’

and insert

‘or the single transferable vote system if either option is selected in the referendum’. ‘

Caroline Lucas Portrait Caroline Lucas
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I am pleased to move the amendment that stands in my name and those of the hon. Members for Clacton (Mr Carswell) and for Great Grimsby (Austin Mitchell). I welcome the fact that the Committee is at long last debating the possibility of a referendum on electoral reform, but it is crucial that the public choose the voting system, not the politicians. We do not often have referendums in this country, and now that we are planning to have one, the least that we can do is give people a real choice on their ballot papers. It is hugely disappointing that AV is the only alternative to first past the post in the Bill. As a result, the Bill fails to live up to the promise of genuine reform and of re-engaging people with the political process.

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