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Great Britain Electoral Law

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1 Full prisoner enfranchisement is so politically charged that is unlikely to occur in Australia. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
2 (3) Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in England or Wales with an offence under this Part in the same way as it has effect in the case of a corporation so charged. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
3 26)) (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Part in the same way as it has effect in the case of a corporation so charged. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
4 (4) It is a defence for a person charged with the offence to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a relevant election. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
5 (5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a reserved regulated period, to show— (b) that the code, in the form for the time being issued under section 100B, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and (c) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
6 (3) It is a defence for a person charged with an offence under subsection (1) to prove— (a) that the contravention arose from circumstances beyond the person’s control, and (b) that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
7 (4) It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance under section 54. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
8 (5) It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that— (a) the electronic material had previously been published, (b) the person reasonably believed that when it was previously published— (i) section 41 applied to it, and (ii) it was published in compliance with that section, and (c) it was not materially altered when it was republished. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
9 (4) It is a defence for a person charged with the corrupt practice to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a local election. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
10 (2) But in criminal proceedings in which P is charged with an offence other than one to which sub-paragraph (3) applies or in proceedings within sub-paragraph (4) to which both the Commission and P are parties— (a) no evidence relating to the information is admissible against P, and (b) no question relating to the information may be asked on behalf of the prosecution or (as the case may be) the Commission in cross-examination of P, Schedule 12—Supply of information etc unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of P. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
11 Statements filed with State officers; “appropriate State” defined; duties of State officers; waiver of duplicate filing requirements for States with electronic access (a) (1) A copy of each report and statement required to be filed by any person under this Act shall be filed by such person with the Secretary of State (or equivalent State officer) of the appropriate State, or, if different, the officer of such State who is charged by State law with maintaining State election campaign reports. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
12 No person who sells space in a newspaper or magazine to a candidate or to the agent of a candidate, for use in connection with such candidate’s campaign, may charge any amount for such space which exceeds the amount charged for comparable use of such space for other purposes. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
13 A record maintained under paragraph (1) shall contain information regarding— (A) whether the request to purchase broadcast time is accepted or rejected by the licensee; (B) the rate charged for the broadcast time; (C) the date and time on which the communication is aired; (D) the class of time that is purchased; (E) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); (F) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and (G) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
14 (1) All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That “service or other valuable consideration” shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
15 Section 14 Presumption of Innocence (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
16 (2) A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. USA Constitution
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