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| 1 | Our discussion is confined to parliamentary elections in Australia, as opposed to the broader field, which includes local authority, trade union, the Aboriginal and Torres Strait Islander Commission (ATSIC) and even corpo- Graeme Orr is Senior Lecturer, Griffith Law School, Brisbane, Australia. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | The most famous case is Woodward v Sarsons (1875),27 which addressed administrative problems with the newly enacted secret ballot legislation by invoking the “common law of parliamentary elections.” In Woodward, an eminent bench held that an election could be voided on two grounds: (a) if there was “no real electing at all”—meaning the constituency did not have a free and fair opportunity of electing the candidate the majority might prefer; or (b) if the election was “not really conductedunder the subsisting election laws”— meaning the errors were so fundamental that, in a sense, a different method of election was used to that laid down in the legislation.28 The application of these tests is a matter of great conjecture. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | Electoral law, as a scholarly discipline in Australia, is only beginning to emerge from a Cinderella state.2 In this article, we describe the key issues and themes in Australian electoral law, largely in respect to the uniform national (that is, federal) electoral law, but also, where relevant, to the law that applies to state and territory elections. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | But Sue v Hill raises other constitutional issues.18 For example, if the disputed returns power is judicial, attempts by states to oust all appeal rights from state Courts of Disputed Returns may be unconstitutional. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | Given the secrecy of the ballot, this may be a difficult onus to discharge in the case of people alleged to have voted who should not (or vice versa).23 The opposing approach is that once contraventions capable of affecting the result are established, the fair elections ideal requires the respondent candidates to disprove any reasonable doubt over their election. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | Under s 51(xxvi) of the Constitution, the Australian Parliament has the power to make laws with respect to “the people of any race for whom it is deemed necessary to make special laws.” This power might be used to create Indigenous quotas (unless this is seen by the High Court as inconsistent with the direction in ss 7 and 24 of the Constitution that Parliament be “directly chosen by the people”). This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 7 | The more common view, found in Queensland cases and High Court dicta, is that wherever electoral legislation is so detailed and comprehensive that it forms a code, the common law is ousted. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 8 | This is particularly clear if the legislation states that the type of error involved in the case will not affect an election unless it was “likely the election result was affected.” This rule provides a greater challenge to a petitioner than the test in Woodward. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 9 | This is just the sort of situation where a court may need to exercise the discretion to order a fresh election. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 10 | The question then arises: to what degree is electoral administration subject to ordinary administrative law review? This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 11 | This is not to say that groups at the margin are not disadvantaged in the franchise. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 12 | 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 |
| 13 | Unlike Canada, with its Charter of Rights and Freedoms, there is no constitutional guarantee on which to support prisoner voting.40 It remains to be argued whether sections 7 and 24 of the Constitution, which require Federal Parliament to be “directly chosen by the people,” could be interpreted by a rights-oriented High Court to deny Parliament the power to disenfranchise competent adult citizens. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 14 | Moreover, since a person’s name is central to his personal identity, administration of these laws can put electoral of- ficials in an invidious position.70 The logic of the tightened law is presumably to deny grandstanding, but the law does so at the expense of taking the color out of fringe candidacies. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 15 | Yet ultimately, laws that provide merely for disclosure, such as in Australia, are only useful accountability mechanisms if disclosure is timely, accessible and utilized. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 16 | This is a formalistic attempt to deflect criticism of the large sums of taxpayer money spent promoting government programs, particularly in election years. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 17 | One is shared language and history, including a strongly shared tendency in all these systems to prioritize majoritarian rule (at least, that is, until recent developments in New Zealand and the newly devolved sub-legislature in Wales). This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 18 | The issue for the Australian Electoral Commission in the 21st century is the potential for Australia to provide export or aid-oriented services in electoral design and administration. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 19 | The question arises: why is such unfavorable treatment of independent candidates constitutional?12 What level of discrimination between candidates would the Court not permit? This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 20 | ) From this discussion, it is evident that any hopes—or fears—that ACTV would lead to a new world of court-enforced equality of electoral and political competition, have proved unfounded. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 21 | (2) After subsection (1) insert— “(1A) A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P— (a) at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors; (b) at a parliamentary election where— (i) P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration; (c) at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors; (d) at a local government election in England where— (i) P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration; (e) at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors; (f) at parliamentary elections where— (i) P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration; (g) at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors; (h) at local government elections in England, where— (i) P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and (ii) P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.” (3) After subsection (3A) insert— “(3B) A person (“P”) is also guilty of an offence if P votes as proxy— (a) for more than four electors— (i) at a parliamentary election; (ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together; (iii) at a local government election in England; (iv) where the polls for two or more local government elections in England are held on the same day, at those elections taken together; (b) for more than two electors— (i) at a parliamentary election, or (ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together, where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration; (c) for more than two electors— (i) at a local government election in England, or (ii) where the polls for two or more local government elections in England are held on the same day, at those elections taken together, where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.” (4) In subsection (4)— (a) omit “at a parliamentary election in any constituency or”; (b) after “any electoral area” insert “in Wales or Scotland”. 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 |
| 22 | (8) In subsection (3)— (a) in paragraph (a), for “either” substitute “any of the following sub-paragraphs applies— (ai) during a regulated period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), any controlled expenditure is incurred by or on behalf of a third party in excess of £10,000;”; (b) at the end of paragraph (a)(i), for “, or” substitute “;”; (c) for paragraph (b) substitute— “(b) the third party— (i) in a case within paragraph (a)(ai) or (ii), is not a recognised third party; (ii) in a case within paragraph (a)(i), is not a recognised third party or, where the regulated period is one in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10, is a recognised third party but is subject to the lower-tier expenditure limits.” (9) After subsection (4) insert— “(4ZA) In its application to a case within subsection (3)(a)(i) where the third party is a recognised third party that is subject to the lower-tier expenditure limits, the reference in subsection (4)(a)(i) to any person who authorised the expenditure to be incurred is to be read as a reference to the responsible person.” (10) After subsection (10) insert— “(10A) Where an offence under subsection (4) is committed in the case of a recognised third party that is subject to the lower-tier expenditure limits— (a) the third party ceases to be subject to those limits at the time the offence is committed, and (b) this Part then applies to the third party as if the notification under section 88(1) which is for the time being in force in relation to the third party did not contain a statement under section 88(3D).” (11) In section 94A of PPERA (arrangements between third parties notified to the Commission), after subsection (5) insert— “(5A) A recognised third party that is subject to the lower-tier expenditure limits may not send a notice under subsection (1).” (12) The following subsection: “( ) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.”— (a) is inserted after the provision of PPERA mentioned in the left-hand column of the following table, and (b) is inserted after that provision with the applicable number mentioned in the right-column of the table. 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 |
| 23 | (2) After sub-paragraph (1) insert— “(1A) A person (“P”) is guilty of an illegal practice if P applies for the appointment of a proxy to vote for P— (a) at a local election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local elections, for four or more other electors; (b) at a local election where— (i) P is or will be registered in the register of local electors otherwise than by virtue of a service qualification, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local elections, for two or more other electors none of whom is registered in a register of local electors by virtue of a service qualification; (c) at local elections, where P knows that the person to be appointed is already appointed as proxy to vote at a local election, or at local elections, for four or more other electors; (d) at local elections, where— (i) P is or will be registered in the register of local electors otherwise than by virtue of a service qualification, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at a local election, or at local elections, for two or more other electors none of whom is registered in a register of local electors by virtue of a service qualification.” (3) For sub-paragraph (4) substitute— “(4) A person is also guilty of an illegal practice if the person votes as proxy— (a) for more than four electors— (i) at a local election, or (ii) where the polls for two or more local elections are held on the same day, at those elections taken together; (b) for more than two electors— (i) at a local election, or (ii) where the polls for two or more local elections are held on the same day, at those elections taken together, where the person knows that more than two of those electors are registered in a register of local electors otherwise than by virtue of a service qualification.” (4) In sub-paragraph (6), after “deemed to have voted” insert “(but see sub-paragraph (6A))”. 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 |
| 24 | (3) For paragraph (2) substitute— “(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned in paragraph (1) above must, put the following additional question:— (a) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of four or more electors?” and if the person answers that question in the negative, the following question:— (b) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of two or more electors both or all of whom are registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?” and if the person answers that question in the affirmative, the following question:— (c) “Is the elector (or are the electors) for whom you are voting today at this election registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?”” (4) After paragraph (2) insert— “(2A) Where a clerk— (a) gives a person the required information (see paragraph (6)), (b) puts any of the questions set out in paragraphs (1) to (2) above to the person, and (c) decides that the person has failed to answer the question satisfactorily, the clerk must refer the matter to the presiding officer, who must put the question to the person again.” (5) For paragraph (3) substitute— “(3) Where the presiding officer— (a) gives a person the required information, (b) puts any of the questions set out in paragraphs (1) to (2) above to the person (whether or not following a referral under paragraph (2A)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person.” (6) After paragraph (5) insert— “(6) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that— (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and (b) giving false information may be an offence.” 14 (1) Rule 34 (voting procedure) is amended as follows. 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 |
| 25 | (2) In rule 6 (nomination of candidates)— (a) in paragraph (5)(b), for the words from “state” to the end substitute “— (i) where the candidate’s home address is in the United Kingdom, state the constituency or the relevant area within which that address is situated; (ii) where the candidate’s home address is outside the United Kingdom, state the country within which that address is situated.”; (b) after paragraph (5) insert— “(6) In paragraph (5)(b)(i), “relevant area” means— (a) in relation to a home address in England— (i) if the address is within a district for which there is a district council, that district; (ii) if the address is within a county in which there are no districts with councils, that county; (iii) if the address is within a London borough, that London borough; (iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London; (v) if the address is within the Isles of Scilly, the Isles of Scilly; (b) in relation to a home address in Wales— (i) if the address is within a county, that county; (ii) if the address is within a county borough, that county borough; (c) in relation to a home address in Scotland, the local government area in which the address is situated; (d) in relation to a home address in Northern Ireland, the local government district in which the address is situated.” (3) In the Appendix of forms, in the Form of Front of Ballot Paper, for the address after “Catherine Angelina Smith” substitute “(address in [relevant area])”. 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 |
| 26 | (3) In section 86 of PPERA (notional controlled expenditure), after subsection (1) insert— “(1A) For the purposes of subsection (1)(b), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), property, services or facilities are made use of on behalf of a third party only if their use on behalf of the third party is directed, authorised or encouraged by the third party or (where the third party is a recognised third party and is not an individual) by the third party or the responsible person.” (4) In section 94 of PPERA (limits on controlled expenditure by third parties), after subsection (8) insert— “(8A) Where the period is one in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), property, services or facilities are made use of on behalf of a third party for the purposes of subsection (8)(b) only if their use on behalf of the third party is directed, authorised or encouraged by the third party or (where the third party is a recognised third party and is not an individual) by the third party or the responsible person.” (5) In section 112 of PPERA (notional referendum expenses), after subsection (1) insert— “(1A) For the purposes of subsection (1)(b), property, services or facilities are made use of on behalf of an individual or body only if their use on behalf of the individual or body is directed, authorised or encouraged by the individual or body or (where the individual or body is a permitted participant) by the individual or body or the responsible person.” (6) In paragraph 6 of Schedule 3 to the Recall of MPs Act 2015 (regulation of expenditure: notional petition expenses), after sub-paragraph (3) insert— “(3A) For the purposes of sub-paragraph (3), property, services or facilities are made use of on behalf of P only if their use on behalf of P is directed, authorised or encouraged by P or (where P is an accredited campaigner) by P or the responsible person.” (7) In section 52B of the Electoral Law Act (Northern Ireland) 1962 (c. 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 |
| 27 | (1DC) For the purposes of paragraph (1B)(a)(ii), “relevant provision” means— (a) where the voter is registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act, and (b) where the voter is registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.” (8) In paragraph (1E)— (a) for “one which” substitute “a document (in whatever form issued to the holder and regardless of any expiry date) which”; (b) in sub-paragraph (j), after “a” insert “Registered Blind SmartPass or”; (c) in sub-paragraph (k), after “a” insert “War Disablement SmartPass or”; (d) after sub-paragraph (l) insert— “(m) a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004; (n) a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.” (9) After paragraph (1E) insert— “(1EA) In this rule a “forged document” means a false document made to resemble a specified document.” (10) After paragraph (1F) insert— “(1FA) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.” 18 (1) Rule 37 (voting procedure), as it extends to England and Wales and to Scotland, is amended as follows. 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 |
| 28 | (7) For the purposes of this section a person is a political campaigner in respect of a relevant election if any of the following paragraphs applies— (a) the person is a candidate at the election; (b) the person is an election agent of a candidate at the election; (c) the person is a sub-agent of a person within paragraph (b); (d) the person is employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate; (e) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election; (f) the person is employed or engaged by a registered political party in connection with the party’s political activities; (g) the person is employed or engaged by a person within any of paragraphs (a) to (f) to carry on an activity designed to promote a particular outcome at the election; (h) the person is employed or engaged by a person within paragraph (g) to carry on an activity designed to promote a particular outcome at the 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 |
| 29 | PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas (1) For sections 1 and 2 of the Representation of the People Act 1985 substitute— “1 Extension of parliamentary franchise (1) A person is entitled to vote as an elector at a parliamentary election in a constituency if— (a) on the declaration date, the person— (i) qualifies as an overseas elector in respect of that constituency (see section 1A), (ii) is not subject to any legal incapacity to vote (age apart), and (iii) is a British citizen, and (b) on the date of the poll, the person— (i) is not subject to any legal incapacity to vote, (ii) is a British citizen, and (iii) is registered in a register of parliamentary electors for that constituency. 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 |
| 30 | (4) In entry 2, in the column headed “Questions”, for question (c) substitute— “(c) “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of four or more electors?” [R] (d) If the person answers question (c) in the negative: “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of two or more electors?” [R] (e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R] (f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R] (g) At an election held in Northern Ireland, “What is your date of birth?”.”. 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 |
| 31 | (5C) For the purposes of paragraph (3)(a)(ii), “relevant provision” means— (a) where the voter is registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and (b) where the voter is registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.” (8) In paragraph (6)— (a) for “one which” substitute “a document (in whatever form issued to the holder and regardless of any expiry date) which”; (b) in sub-paragraph (j), after “a” insert “Registered Blind SmartPass or”; (c) in sub-paragraph (k), after “a” insert “War Disablement SmartPass or”; (d) after sub-paragraph (k) insert— “(ka) a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;”; (e) after sub-paragraph (l) insert— “(m) a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.” (9) After paragraph (6A) insert— “(6B) In this rule, a “forged document” means a false document made to resemble a specified document. 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 |
| 32 | (4) For the purposes of subsection (1)(b) a person is a substitute— (a) in relation to the seat of a member of the Northern Ireland Assembly, if the person— (i) is included in a notice given by the member under article 6A of the 2001 Order (vacancies arising during an Assembly term: independent members) or, where the member has given more than one notice under that article, in the last such notice, or (ii) is being considered by the member for inclusion in such a notice; (b) in relation to the seat of a member of a district council in Northern Ireland, if the person— (i) is included in a list of substitutes given by the member under section 11C of the 1962 Act (substitute lists: independent members) or, where the member has given more than one list of substitutes under that section, in the latest such list, or (ii) is being considered by the member for inclusion in such a list. 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 |
| 33 | (6) For the purposes of this paragraph a person is a political campaigner in respect of a local election if any of the following paragraphs applies— (a) the person is a candidate at the election; (b) the person is an election agent of a candidate at the election; (c) the person is employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate; (d) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election; (e) the person is employed or engaged by a registered political party in connection with the party’s political activities; (f) the person is employed or engaged by a person within any of paragraphs (a) to (e) to carry on an activity designed to promote a particular outcome at the election; (g) the person is employed or engaged by a person within paragraph (f) to carry on an activity designed to promote a particular outcome at the 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 |
| 34 | (4) In rule 45 (the count)— (a) in paragraph (1B)— (i) omit “and” at the end of sub-paragraph (c); (ii) insert “and” at the end of sub-paragraph (d); (iii) after sub-paragraph (d) insert— “(e) where regulations contain provision made by virtue of paragraph 12ZA of Schedule 2 (handing in postal voting documents), the postal ballot paper is not one that falls to be rejected in accordance with that provision.”; (b) in paragraph (2)— (i) for sub-paragraph (a) substitute— “(a) it is returned in the prescribed manner, accompanied by the declaration of identity duly signed and authenticated, and reaches the returning officer before the close of the poll,”; (ii) insert “and” at the end of sub-paragraph (b); (iii) after sub-paragraph (b) insert— “(c) where regulations contain provision made by virtue of paragraph 12ZB of Schedule 2 (handing in postal voting documents: Northern Ireland), the postal ballot paper is not one that falls to be rejected in accordance with that provision.” (5) In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 12 insert— “12ZA (1) Where regulations under rule 45(1B)(a) or (b) in Schedule 1 provide that a postal voting document may be returned by hand to a polling station or to the returning officer, provision within this paragraph. 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 |
| 35 | (12) If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (1)(b) to that Committee is to be read as a reference to the committee which for the time being has those functions.” (2) In section 156 of PPERA (orders and regulations), in subsection (3), before paragraph (a) insert— “(za) an order under section 100B(8);” (3) In Schedule 8A to PPERA (controlled expenditure: qualifying expenses), in paragraph 3, after sub-paragraph (10) insert— “(11) This paragraph does not apply in relation to expenses incurred during a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly) (see sections 100A and 100B as regards expenses incurred during such a period).” PART 5 DISQUALIFICATION OF OFFENDERS FOR HOLDING ELECTIVE OFFICE ETC 30 Disqualification orders (1) This section applies where— (a) a person (“the offender”) is convicted of a Schedule 9 offence, (b) the offender was aged 18 or over when the offence was committed, and (c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34. 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 |
| 36 | (5) For the purposes of subsection (1)(b) a person is a nominee— (a) in relation to the seat of a member of the Northern Ireland Assembly, if the person— (i) has under article 6B of the 2001 Order (vacancies arising during an Assembly term: members of registered parties) been nominated by the nominating officer of a registered party to fill a vacancy in the seat, or (ii) is being considered by the nominating officer of a registered party for nomination under that article; (b) in relation to the seat of a member of a district council in Northern Ireland, if the person— (i) has under section 11E or 11F of the 1962 Act (members for registered parties: filling casual vacancies) been nominated by the nominated officer of a registered party to fill a vacancy in the seat, or (ii) is being considered by the nominating officer of a registered party for nomination under either of those sections. 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 |
| 37 | (1L) For the purposes of paragraph (1K)— “appropriate registration officer” means— (a) the registration officer for the constituency in which the election is being held, or (b) where the election is being held in a constituency for which there is more than one registration officer, any of those officers; a voter’s “electoral number” is the number— (a) allocated to the voter as stated in the copy of the register of electors, or (b) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice. 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 |
| 38 | (12) In this rule— (a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act); (b) references to the relevant registration officer are to— (i) the registration officer of the local authority in whose area the constituency is situated, or (ii) if the constituency comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered.” 25 In rule 43 (procedure on close of poll), after paragraph (1)(da) insert— “(db) in the case of an election held in England and Wales or Scotland, the ballot paper refusal list completed in accordance with rule 40ZB, (dc) in the case of an election held in Northern Ireland, the lists provided to the polling station under rule 29(3)(f),”. 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 |
| 39 | (2) In such a case— (a) the person is to be treated on and after the commencement date as being registered in that register in pursuance of a post-commencement declaration on the basis that the person satisfied the previous registration condition (within the meaning of section 1A(2) of RPA 1985, as substituted by section 14 of this Act); (b) the address in respect of which the person is registered is the address specified in the pre-commencement declaration; (c) sections 1D and 1E of RPA 1985 (as substituted by section 14 of this Act) have effect accordingly, subject to sub-paragraph (3). 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 |
| 40 | 42 In the entry for rule 37 (voting procedure), before the paragraph beginning “In paragraph (1E)(b)” insert— “In paragraph (1DC), for sub-paragraph (b) substitute— “(b) where the voter is registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 or section 8 ( 7 ) o f t h e Representation of the People Act 1985.”” Part 2—Elections to the Northern Ireland Assembly 43 Against the entry for rule 38 (votes marked by presiding officer), after the paragraph beginning “In paragraph (1)” insert— “In paragraph (1A), for “vote to be marked on a ballot paper” substitute “ballot paper to be marked”.” 44 In the table, after the entry for rule 53A of Schedule 1 to RPA 1983 insert— “Rule 53B (destruction of date of birth lists)” 45 In the entry for section 8 of the Representation of the People Act 1985 (proxies at elections), in the right-hand column— (a) before the entry relating to subsection (3)(b) of that section insert— “In subsection (2A), for “register of parliamentary electors in Great Britain or Northern Ireland” substitute “register of local government electors in Great Britain or a register of local electors in Northern Ireland”; (b) after the entry relating to subsection (6) of that section insert— “In subsection (7A), for “subsections (6) and” substitute “subsection”.” 46 In the Annex, in the form of declaration to be made by the companion of a voter with disabilities— (a) in the section of the form beginning “I have been requested”, for the words from “I am entitled” to “does not apply” substitute “I am aged 18 or over”; (b) in the section of the form beginning “NOTE”, after “any person” insert “except the elector to whom assistance is being provided”. 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 |
| 41 | Each report under this section shall disclose— (1) the amount of cash on hand at the beginning of the reporting period; (2) for the reporting period and calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), the total amount of all receipts, and the total amount of all receipts in the following categories: (A) contributions from persons other than political committees; (B) for an authorized committee, contributions from the candidate; (C) contributions from political party committees; (D) contributions from other political committees; (E) for an authorized committee, transfers from other authorized committees of the same candidate; (F) transfers from affiliated committees and, where the reporting committee is a political party committee, transfers from other political party committees, regardless of whether such committees are affiliated; (G) for an authorized committee, loans made by or guaranteed by the candidate; (H) all other loans; (I) rebates, refunds, and other offsets to operating expenditures; (J) dividends, interest, and other forms of receipts; and (K) for an authorized committee of a candidate for the office of President, Federal funds received under chapter 95 and chapter 96 of title 26; (3) the identification of each— (A) person (other than a political committee) who makes a contribution to the reporting committee during the reporting period, whose contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), or in any lesser amount if the reporting committee should so elect, together with the date and amount of any such contribution; (B) political committee which makes a contribution to the reporting committee during the reporting period, together with the date and amount of any such contribution; (C) authorized committee which makes a transfer to the reporting committee; (D) affiliated committee which makes a transfer to the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds to the reporting committee from another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfer; (E) person who makes a loan to the reporting committee during the reporting period, together with the identification of any endorser or guarantor of such loan, and date and amount or value of such loan; (F) person who provides a rebate, refund, or other offset to operating expenditures to the reporting committee in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of such receipt; and (G) person who provides any dividend, interest, or other receipt to the reporting committee in an aggregate value or amount in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of any such receipt; (4) for the reporting period and the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), the total amount of all disbursements, and all disbursements in the following categories: (A) expenditures made to meet candidate or committee operating expenses; (B) for authorized committees, transfers to other committees authorized by the same candidate; (C) transfers to affiliated committees and, where the reporting committee is a political party committee, transfers to other political party committees, regardless of whether they are affiliated; (D) for an authorized committee, repayment of loans made by or guaranteed by the candidate; (E) repayment of all other loans; (F) contribution refunds and other offsets to contributions; (G) for an authorized committee, any other disbursements; (H) for any political committee other than an authorized committee— (i) contributions made to other political committees; (ii) loans made by the reporting committees; (iii) independent expenditures; (iv) expenditures made under section 30116(d) of this title; and (v) any other disbursements; and (I) for an authorized committee of a candidate for the office of President, disbursements not subject to the limitation of section 30116(b) of this title; (5) the name and address of each— (A) person to whom an expenditure in an aggregate amount or value in excess of $200 within the calendar year is made by the reporting committee to meet a candidate or committee operating expense, together with the date, amount, and purpose of such operating expenditure; (B) authorized committee to which a transfer is made by the reporting committee; (C) affiliated committee to which a transfer is made by the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds by the reporting committee to another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfers; (D) person who receives a loan repayment from the reporting committee during the reporting period, together with the date and amount of such loan repayment; and (E) person who receives a contribution refund or other offset to contributions from the reporting committee where such contribution was reported under paragraph (3)(A) of this subsection, together with the date and amount of such disbursement; (6) (A) for an authorized committee, the name and address of each person who has received any disbursement not disclosed under paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of any such disbursement; (B) for any other political committee, the name and address of each— (i) political committee which has received a contribution from the reporting committee during the reporting period, together with the date and amount or any such contribution; (ii) person who has received a loan from the reporting committee during the reporting period, together with the date and amount of such loan; (iii) person who receives any disbursement during the reporting period in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office) in connection with an independent expenditure by the reporting committee, together with the date, amount, and purpose of any such independent expenditure and a statement which indicates whether such independent expenditure is in support of, or in opposition to, a candidate, as well as the name and office sought by such candidate, and a certification, under penalty of perjury, whether such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such committee; (iv) person who receives any expenditure from the reporting committee during the reporting period in connection with an expenditure under section 30116(d) of this title, together with the date, amount, and purpose of any such expenditure as well as the name of, and office sought by, the candidate on whose behalf the expenditure is made; and (v) person who has received any disbursement not otherwise disclosed in this paragraph or paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office) from the reporting committee within the reporting period, together with the date, amount, and purpose of any such disbursement; (7) the total sum of all contributions to such political committee, together with the total contributions less offsets to contributions and the total sum of all operating expenditures made by such political committee, together with total operating expenditures less offsets to operating expenditures, for both the reporting period and the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office); and (8) the amount and nature of outstanding debts and obligations owed by or to such political committee; and where such debts and obligations are settled for less than their reported amount or value, a statement as to the circumstances and conditions under which such debts or obligations were extinguished and the consideration therefor. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 42 | (B) The term “expenditure” does not include— (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; (ii) nonpartisan activity designed to encourage individuals to vote or to register to vote; (iii) any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office, except that the costs incurred by a membership organization (including a labor organization) or by a corporation directly attributable to a communication expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed $2,000 for any election, be reported to the Commission in accordance with section 30104(a)(4)(A)(i) of this title, and in accordance with section 30104(a)(4)(A)(ii) of this title with respect to any general election; (iv) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; (v) any payment made or obligation incurred by a corporation or a labor organization which, under section 30118(b) of this title, would not constitute an expenditure by such corporation or labor organization; (vi) any costs incurred by an authorized committee or candidate in connection with the solicitation of contributions on behalf of such candidate, except that this clause shall not apply with respect to costs incurred by an authorized committee of a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 30116(b), but all such costs shall be reported in accordance with section 30104(b); (vii) the payment of compensation for legal or accounting services— (I) rendered to or on behalf of any political committee of a political party if the person paying for such services is the regular employer of the individual rendering such services, and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or (II) rendered to or on behalf of a candidate or political committee if the person paying for such services is the regular employer of the individual rendering such services, and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 30104(b) by the committee receiving such services; (viii) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates; (ix) the payment by a State or local committee of a political party of the costs of voter registration and get-out-thevote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; and (x) payments received by a political party committee as a condition of ballot access which are transferred to another political party committee or the appropriate State official. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 43 | or the National Credit Union Administration, other than any overdraft made with respect to a checking or savings account, made in accordance with applicable law and in the ordinary course of business, but such loan— (I) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors; (II) shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a due date or amortization schedule; and (III) shall bear the usual and customary interest rate of the lending institution; (viii) any legal or accounting services rendered to or on behalf of— (I) any political committee of a political party if the person paying for such services is the regular employer of the person rendering such services and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or (II) an authorized committee of a candidate or any other political committee, if the person paying for such services is the regular employer of the individual rendering such services and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer reported in accordance with section 30104(b) of this title by the committee receiving such services; (ix) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— (1) such payments are not for the cost of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates; (x) the payment by a candidate, for nomination or election to any public office (including State or local office), or authorized committee of a candidate, of the costs of campaign materials which include information on or reference to any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, brochures, posters, and yard signs, but not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general public communication or political advertising): Provided, That such payments are made from contributions subject to the limitations and prohibitions of this Act; (xi) the payment by a State or local committee of a political party of the costs of voter registration and get-out-thevote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; (xii) payments made by a candidate or the authorized committee of a candidate as a condition of ballot access and payments received by any political party committee as a condition of ballot access; (xiii) any honorarium (within the meaning of section 441i of this title); and (xiv) any loan of money derived from an advance on a candidate’s brokerage account, credit card, home equity line of credit, or other line of credit available to the candidate, if such a loan is made in accordance with applicable law and under commercially reasonable terms and if the person making such loan makes loans derived from an advance on the candidate’s brokerage account, credit card, home equity line of credit, or other line of credit in the normal course of the person’s business. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 44 | The Commission has the power— (1) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Commission may prescribe; (2) to administer oaths or affirmations; (3) to require by subpoena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; (4) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3); (5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States; (6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 30109(a)(8) of this title) or appeal any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of title 26, through its general counsel; (7) to render advisory opinions under section 30108 of this ti- tle; (8) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, § 30107 United States Code, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of title 26; and (9) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 45 | Under such regulations, the Commission— (A) may, notwithstanding paragraphs (1) and (2), provide for quarterly filing of the schedule described in paragraph (1) by a committee which files reports under this section more frequently than on a quarterly basis; (B) shall provide guidance to committees with respect to whether a person is reasonably known by a committee to be a person described in paragraph (7), which shall include a requirement that committees consult the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995; (C) may not exempt the activity of a person described in paragraph (7) from disclosure under this subsection on the grounds that the person is authorized to engage in fundraising for the committee or any other similar grounds; and (D) shall provide for the broadest possible disclosure of activities described in this subsection by persons described in paragraph (7) that is consistent with this subsection. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 46 | (B) The term “contribution” does not include– (i) the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; (ii) the use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political party in rendering voluntary personal services on the individual’s residential premises or in the church or community room for candidate-related or political party-related activities, to the extent that the cumulative value of such invitations, food, and beverages provided by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; (iii) the sale of any food or beverage by a vendor for use in any candidate’s campaign or for use by or on behalf of any political committee of a political party at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor, to the extent that the cumulative value of such activity by such vendor on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does exceed $2000 in any calendar year; (iv) any unreimbursed payment for travel expenses made by any individual on behalf of any candidate or any political committee of a political party, to the extent that the cumulative value of such activity by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; (v) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to any cost incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; (vi) any payment made or obligation incurred by a corporation or a labor organization which, under section 30118(b) of this title, would not constitute an expenditure by such corporation or labor organization; (vii) any loan of money by a State bank, a federally chartered depository institution, or a depository institution the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation . VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 47 | In addition to any subject determined by the Commission, the regulations shall address-- (1) payments for the republication of campaign materials; (2) payments for the use of a common vendor; (3) payments for communications directed or made by persons who previously served as an employee of a candidate or a political party; and (4) payments for communications made by a person after substantial discussion about the communication with a candidate or a political party.” (B) (i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate; (ii) expenditures made by any person (other than a candidate or candidate’s authorized committee) in cooperation, consultation, or concert, with, or at the request or suggestion of, a national, State, or local committee of a political party, shall be considered to be contributions made to such party committee; and (iii) the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and (C) if— (i) any person makes, or contracts to make, any disbursement for any electioneering communication (within the meaning of section 30104(f)(3) of this title); and (ii) such disbursement is coordinated with a candidate or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee; such disbursement or contracting shall be treated as a contribution to the candidate supported by the electioneering communication or that candidate’s party and as an expenditure by that candidate or that candidate’s party; and (D) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 48 | (1) It is unlawful for any person knowingly and willfully— (A) to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission under this chapter, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, or to falsify or conceal any evidence, books, or information relevant to a certification by the Commission or an examination and audit by the Commission under this chapter, or (B) to fail to furnish to the Commission any records, books, or information requested by it for purposes of this chapter. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 49 | Interference by administrative employees of Federal, State, or Territorial Governments Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 50 | The term ‘electioneering communication’ does not include— (i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate; (ii) a communication which constitutes an expenditure or an independent expenditure under this Act; (iii) a communication which constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission, or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum; or (iv) any other communication exempted under such regulations as the Commission may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate implementation of this paragraph, except that under any such regulation a communication may not be exempted if it meets the requirements of this paragraph and is described in section 30101(20)(A)(iii) of this title. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 51 | The Commission shall ensure that, to the greatest extent practicable— (A) information required to be disclosed under this subsection is publicly available through the Commission website in a manner that is searchable, sortable, and downloadable; and (B) the Commission’s public database containing information disclosed under this subsection is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 52 | (5) For purposes of the limitations provided by paragraph (1) and paragraph (2), all contributions made by political committees established or financed or maintained or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons, shall be considered to have been made by a single political committee, except that (A) nothing in this sentence shall limit transfers between political committees of funds raised through joint fundraising efforts; (B) for purposes of the limitations provided by paragraph (1) and paragraph (2) all contributions made by a single political committee established or financed or maintained or controlled by a national committee of a political party and by a single political committee established or financed or maintained or controlled by the State committee of a political party shall not be considered to have been made by a single political committee; and (C) nothing in this section shall limit the transfer of funds between the principal campaign committee of a candidate seeking nomination or election to a Federal office and the principal campaign committee of that candidate for nomination or election to another Federal office if (i) such transfer is not made when the candidate is actively seeking nomination or election to both such offices; (ii) the limitations contained in this Act on contributions by persons are not exceeded by such transfer; and (iii) the candidate has not elected to receive any funds under chapter 95 or chapter 96 of title 26. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 53 | (1) Any advisory opinion rendered by the Commission under subsection (a) of this section may be relied upon by— (A) any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered; and (B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 54 | (C) (i) Notwithstanding subparagraph (A), in the case of a violation of a qualified disclosure requirement, the Commission may— (I) find that a person committed such a violation on the basis of information obtained pursuant to the procedures described in paragraphs (1) and (2); and (II) based on such finding, require the person to pay a civil money penalty in an amount determined for violations of each qualified disclosure requirement under a schedule of penalties which is established and published by the Commission and which takes into account the amount of the violation involved, the existence of previous violations by the person, and such other factors as the Commission considers appropriate. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 55 | Whenever a political committee makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever any person makes a disbursement for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate, or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising or makes a disbursement for an electioneering communication (as defined in section 30104(f)(3) of this title), such communication— (1) if paid for and authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication has been paid for by such authorized political committee, or (2) if paid for by other persons but authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication is paid for by such other persons and authorized by such authorized political committee; (3) if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state the name and permanent street address, telephone number or World Wide Web address of the person who paid for the communication and state that the communication is not authorized by any candidate or candidate’s committee. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 56 | Obstruction of proceedings before departments, agencies and committees Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or § 1505 Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House, or any joint committee of the Congress— Shall be fined under this title, or imprisoned not more than five years, or, if the offense involves international or domestic terrorism (as defined in section 2331 (of 18 U.S.C.)), imprisoned not more than 8 years, or both. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 57 | Notwithstanding any other provision of this Act, a candidate for election for Federal office (other than a candidate who is subject to paragraph (2)), or any authorized committee of such a candidate, may not make any expenditure for a flight on an aircraft unless— (A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; or (B) the candidate, the authorized committee, or other political committee pays to the owner, lessee, or other person who provides the airplane the pro rata share of the fair market value of such flight (as determined by dividing the fair market § 30114 value of the normal and usual charter fare or rental charge for a comparable plane of comparable size by the number of candidates on the flight) within a commercially reasonable time frame after the date on which the flight is taken. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 58 | Notwithstanding any other provision of this Act, in the case of a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, an authorized committee and a leadership PAC of the candidate may not make any expenditure for a flight on an aircraft unless— (A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; or (B) the aircraft is operated by an entity of the Federal government or the government of any State. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 59 | Upon petition by the Commission, any United States district court within the jurisdiction of which any inquiry is being carried on may, in case of refusal to obey a subpoena or order of the Commission issued under subsection (a) of this section, issue an order requiring compliance. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 60 | (6) (A) If the Commission is unable to correct or prevent any violation of this Act or of chapter 95 or chapter 96 of title 26, by the methods specified in paragraph (4), the Commission may, upon an affirmative vote of 4 of its members, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order (including an order for a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation) in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 61 | Requirements for equipping of buildings, premises of precinct election commissions and premises for voting Premises of precinct election commissions shall be equipped accordingly and have: National flag of the Republic of Uzbekistan (above the building and indoors); National emblem of the Republic of Uzbekistan (inside the building); sign board indicating the sequence number of polling station; booths or rooms for secret ballot; ballot boxes; specially equipped secret ballot booths for persons with disabilities, if necessary; separate places for observers; banners on the election date; map of the polling station; information on the composition, work plan, duty schedule of members of the precinct election commission; a special stand where information on the preparation and conduct of elections is placed: biographies and programs of all registered candidates published by the Central Election Commission, regional, sub-regional, city election commission; necessary furniture, office equipment (telephone, printer, computers connected to the Internet and having access to the Information management system of the election process, safe, office supplies); fire-fighting equipment. General provisions Article 1. | Uzbekistan Electoral Law |
| 62 | Powers of the member of the Central Election Commission may be terminated by the chambers of the Oliy Majlis of the Republic of Uzbekistan directly or upon the recommendation of the body which nominated him/her to membership, in the following cases: submission by him/her of a written application for resignation; he/she was recognized by the court as incapable; entry into force of the court's sentence against him/her; systematic failure to perform his/her duties; election or appointment to a position, the occupation of which in accordance with the law is incompatible with the exercise of the powers of a member of the Central Election Commission; recognition of him/her as missing or declaring dead on the basis of a court decision that has entered into legal force; loss of citizenship of the Republic of Uzbekistan; his/her death. General provisions Article 1. | Uzbekistan Electoral Law |
| 63 | Formation of the district election commissions The District Election Commission for the election of deputies of the Legislative Chamber is formed by the Central Election Commission, and the district election commission for elections to regional and Tashkent city Kengashes of people's deputies is formed by the corresponding regional, Tashkent city election commission - not less than seventy days before the elections, consisting of a chairman, deputy chairman, secretary and six to eight other members of the commission. General provisions Article 1. | Uzbekistan Electoral Law |
| 64 | Observers shall have the following rights: to be present at meetings of election commissions; to participate in meetings on nomination of candidates, meetings of candidates with voters; to be present at the polling station, to observe the progress of the preparatory work, the placement of booths or rooms for secret voting and the sealing of ballot boxes, the registration of citizens, the issuance of ballots; to be present at counting of votes and drafting the Protocol of the election commission; to request and receive copies of documents related to election results approved by the relevant election commission; to report their observations to the relevant election commission, if there is reason to believe that at the relevant polling station there have been violations of the requirements of the present Code. General provisions Article 1. | Uzbekistan Electoral Law |
| 65 | Arrangement of adjacent territories, creation of necessary conditions for citizens, especially persons with physical disabilities, provision of election commissions with technical means, furniture, inventory, office equipment, transport is assigned to the local authorities, and provision of communication means to the Ministry for development of information technologies and communications of the Republic of Uzbekistan. General provisions Article 1. | Uzbekistan Electoral Law |
| 66 | If the chairperson of the Central Election Commission is unable to execute his/her powers, as well as, in case of absence of the chairperson, the functions of the chairperson are assigned to deputy chairperson or one of the members of the Commission by the decision of the Central Election Commission. General provisions Article 1. | Uzbekistan Electoral Law |
| 67 | If in the elections to the Legislative Chamber and local Kengashes more than two candidates are nominated, and none of them is elected, district election commission shall decide on repeat voting with two candidates who have the highest number of votes and inform about it the relevant election commission and district voters. General provisions Article 1. | Uzbekistan Electoral Law |
| 68 | Right to nominate candidates for the President of the Republic of Uzbekistan A political party may nominate a candidate for President of the Republic of Uzbekistan, provided that it is registered by the Ministry of Justice of the Republic of Uzbekistan not later than four months before the announcement of the election campaign. General provisions Article 1. | Uzbekistan Electoral Law |
| 69 | Determination of the results of elections in the district to the district, city (except for the city of Tashkent) Kengashes of People's Deputies is carried out by the district, city election commission in the manner prescribed by this article. General provisions Article 1. | Uzbekistan Electoral Law |
| 70 | Consideration of complaints against decisions of election commissions Decisions of election commissions can be appealed by the bodies of political parties that nominated candidates, by candidates themselves, by agents, by observers and by voters in court within five days after the decision is made. General provisions Article 1. | Uzbekistan Electoral Law |
| 71 | It is forbidden to conduct pre-election campaigning: heads of government and administrative bodies, local government bodies; servicemen of the Armed Forces of the Republic of Uzbekistan, employees of the State Security Service of the Republic of Uzbekistan, other paramilitary formations, law enforcement agencies, judges; members of election commissions; officials of religious organizations. General provisions Article 1. | Uzbekistan Electoral Law |
| 72 | Chairperson of the precinct election commission in the presence of members of the Commission, observers, representatives of the media shall: announce the start of the voting; check the emptiness of ballot boxes and plumbs them with disposable plastic seals, upon which an act indicating the numbers of plumbs is made; inform about the number of voters in accordance with the list, the number of ballot papers received and voters voted in advance. General provisions Article 1. | Uzbekistan Electoral Law |
| 73 | A voter who is not able to fill in the ballot paper on his / her own has the right to invite another person to the booth or the secret ballot room at his / her discretion, with the exception of persons who are members of the election commission, observers and representatives of the media. General provisions Article 1. | Uzbekistan Electoral Law |
| 74 | Meetings and decisions of the Central Election Commission The organizational form of the Central Election Commission's work is its meetings, which shall be held upon necessity. General provisions Article 1. | Uzbekistan Electoral Law |
| 75 | Resolutions of the Central Election Commission shall enter into force from the moment of its adoption and shall be published on the official website of the Central Election Commission on the same day as well as on other sources, if it is necessary. General provisions Article 1. | Uzbekistan Electoral Law |
| 76 | Single electronic list of voters is formed and updated on the basis of the information provided by the competent state bodies, and specified by the relevant precinct election commission during the election campaign. General provisions Article 1. | Uzbekistan Electoral Law |
| 77 | A citizen of the Republic of Uzbekistan who is not younger than thirty-five years, fluent in state language and permanently resides in the territory of Uzbekistan for at least ten years before the elections can be elected as the President of the Republic of Uzbekistan. General provisions Article 1. | Uzbekistan Electoral Law |
| 78 | Right to nominate candidates for deputies A political party may nominate candidates for deputies provided that it is registered by the Ministry of Justice of the Republic of Uzbekistan no later than four months before the date of the announcement of the election campaign and has collected at least forty thousand signatures of voters supporting its participation in the elections. General provisions Article 1. | Uzbekistan Electoral Law |
| 79 | In this case, the district election commission is formed for twenty-five days, and the precinct for fifteen days before the election. General provisions Article 1. | Uzbekistan Electoral Law |
| 80 | 1 Sub-region in this case and hereinafter means an administrative unit, which is smaller than a region but bigger than a city. General provisions Article 1. | Uzbekistan Electoral Law |
| 81 | Part V Powers of the Parliament Section 51 [Legislative Competencies] The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to: (i) Trade and commerce with other countries, and among the States; (ii) Taxation; but so as not to discriminate between States or parts of States; (iii) Bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth; (iv) Borrowing money on the public credit of the Commonwealth; (v) Postal, telegraphic, telephonic, and other like services; (vi) The naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth; (vii) Lighthouses, lightships, beacons and buoys; (viii) Astronomical and meteorological observations; (ix) Quarantine; (x) Fisheries in Australian waters beyond territorial limits; (xi) Census and statistics; (xii) Currency, coinage, and legal tender; (xiii) Banking, other than State banking; also State banking extending beyond the limits of the State concerned, the incorporation of banks, and the issue of paper money; (xiv) Insurance, other than State insurance; also State insurance extending beyond the limits of the State concerned; (xv) Weights and measures; (xvi) Bills of exchange and promissory notes; (xvii) Bankruptcy and insolvency; (xviii) Copyrights, patents of inventions and designs, and trade marks; (xiv) Naturalization and aliens; (xx) Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth; (xxi) Marriage; (xxii) Divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants; (xviii) Invalid and old age pensions; (xxiiiA) The provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances; (xxiv) The service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States; (xxv) The recognition throughout the Commonwealth of the laws, the public Acts and records, and the judicial proceedings of the States; (xxvi) The people of any race for whom it is deemed necessary to make special laws; (xxvii) Immigration and emigration; (xxviii) The influx of criminals; (xxix) External affairs; (xxx) The relations of the Commonwealth with the islands of the Pacific; (xxxi) The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws; (xxxii) The control of railways with respect to transport for the naval and military purposes of the Commonwealth; (xxxiii) The acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State; (xxxiv) Railway construction and extension in any State with the consent of that State; (xxxv) Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State; (xxxvi) Matters in respect of which this Constitution makes provision until the Parliament otherwise provides; (xxxvii) Matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law; (xxxviii) The exercise within the Commonwealth, at the request or with the concurrence of the Parliaments of all the States directly concerned, of any power which can at the establishment of this Constitution be exercised only by the Parliament of the United Kingdom or by the Federal Council of Australasia; (xxxix) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal judicature, or in any department or officer of the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 82 | Section 44 [Exclusion from Eligibility] (1) Any person who (i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or (ii) is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or (iii) is an undischarged bankrupt or insolvent; or (iv) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth; or (v) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty five persons: shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 83 | (8) If, at or before the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977, a law to alter the Constitution entitled "Constitution Alteration (Simultaneous Elections) 1977" came into operation, a senator holding office at the commencement of that law who was chosen by the House or Houses of Parliament of a State in consequence of a vacancy that had at any time occurred in the place of a Senator chosen by the people of the State shall be deemed to have been chosen to hold office (a) if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and seventy eight until the expiration or dissolution of the first House of Representatives to expire or be dissolved after that law came into operation; or (b) if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and eighty one until the expiration or dissolution of the second House of Representatives to expire or be dissolved after that law came into operation or, if there is an earlier dissolution of the Senate, until that dissolution. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 84 | Constitution Chapter I The Parliament Part I General Section 1 [Federal Parliament] The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is hereinafter called "The Parliament", or "The Parliament of the Commonwealth." Section 2 [Governor-General] A Governor General appointed by the Queen shall be Her Majesty's representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen's pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 85 | (3) Where (a) in accordance with the last preceding paragraph, a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and (b) before taking his seat he ceases to be a member of that party (otherwise than by reason of the party having ceased to exist), he shall he deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with Section 21 of this Constitution. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 86 | (2) The number of members chosen in the several States shall be in proportion to the respective numbers of their people, and shall, until the Parliament otherwise provides, be determined, whenever necessary, in the following manner: (i) A quota shall be ascertained by dividing the number of the people of the Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number the senators: (ii) The number of members to be chosen in each State shall be determined by dividing the number of the people of the State, as shown by the latest statistics of the Commonwealth, by the quota; and if on such division there is a remainder greater than one half of the quota, one more member shall be chosen in the State. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 87 | Section 33 [Writs for Vacancies] Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Commonwealth the Governor General in Council may issue the writ. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 88 | Section 59 [Queen's Disallowance] The Queen may disallow any law within one year from the Governor General's assent, and such disallowance on being made known by the Governor General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 89 | Section 75 [Original Jurisdiction of the High Court] In all matters (i) Arising under any treaty: (ii) Affecting consuls or other representatives of other countries: (iii) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party: (iv) Between States, or between residents of different States, or between a State and a resident of another State: (v) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth: the High Court shall have original jurisdiction. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 90 | Section 77 [Jurisdiction of Federal Courts] With respect to any of the matters mentioned in the last two sections the Parliament may make laws (i) Defining the jurisdiction of any federal court other than the High Court: (ii) Defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States: (iii) Investing any court of a State with federal jurisdiction. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 91 | (3) Any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 92 | Section 85 [Transfer of Property] When any department of the public service of a State is transferred to the Commonwealth (i) All property of the State of any kind, used exclusively in connection with the department, shall become vested in the Commonwealth; but, in the case of the departments controlling customs and excise and bounties, for such time only as the Governor General in Council may declare to be necessary: (ii) The Commonwealth may acquire any property of the State, of any kind used, but not exclusively used in connection with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the State for public purposes is ascertained under the law of the State in force at the establishment of the Commonwealth: (iii) The Commonwealth shall compensate the State for the value of any property passing to the Commonwealth under this section; if no agreement can be made as to the mode of compensation, it shall be determined under laws to be made by the Parliament: (iv) The Commonwealth shall, at the date of the transfer, assume the current obligations of the State in respect of the department transferred. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 93 | Section 107 [Continuity of Colony Government] Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 94 | Section 52 [Exclusive Powers] The Parliament shall, subject to this constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to (i) The seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes: (ii) Matters relating to any department of the public service the control of which is by this constitution transferred to the Executive Government of the Commonwealth: (iii) Other matters declared by this Constitution to be within the exclusive power of the Parliament. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 95 | Section 58 [Governor's Assent, Reservation, or Veto] (1) When a proposed law passed by both Houses of the Parliament is presented to the Governor General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name or that he withholds assent, or that he reserves the law for the Queen's pleasure. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 96 | Chapter II The Executive Government Section 61 [Head of Government] The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 97 | (3) The appointment of a Justice of a court created by the Parliament shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such court if he has attained the age that is for the time being the maximum age for Justices of that Court. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 98 | Section 74 [Supreme Jurisdiction of the High Court] (1) No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 99 | Section 102 [No Discrimination Concerning Railways] The Parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any State, or by any authority constituted under a State, if such preference or discrimination is undue and unreasonable, or unjust to any State; due regard being had to the financial responsibilities incurred by any State in connection with the construction and maintenance of its railways. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 100 | Section 108 [Continuity of Colony Legislation] Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 101 | The outcome of some cases has led to changes in British law to improve human rights, for example the abolition of corporal punishment in state schools and improved rights for prisoners.Britain is not a party to the Convention's Fourth Protocol (Freedom of Movement) because of inconsistency with some aspects of the United Kingdom immigration control system nor the Sixth Protocol (abolition of the death penalty). 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 |
| 102 | The other House in the British Parliament is the non-elected House of Lords, which is normally a chamber of discussion and revision of proposals and not a rival to the Commons. 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 |
| 103 | (3) British citizenship is acquired automatically at birth by a child born in Britain if the father (in cases of legitimate birth) or mother is a British citizen or is settled in Britain. 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 |
| 104 | This can only be made by the court if it is satisfied that the child is suffering, or is likely to suffer, significant harm. 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 |
| 105 | It is against the law to use threatening, abusive, or insulting words or to display, publish or distribute such material. 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 |
| 106 | (1) Arrests in Criminal Proceedings: The police have power to arrest a suspect without a warrant if he or she is reasonably suspected of involvement in an arrestable offence, that is, one where the maximum penalty is five years imprisonment or more. 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 |
| 107 | Cinemas are licensed by local government authorities, which have a legal duty to prohibit the admission of children under 16 to unsuitable films, and may prevent the showing of any film, although this particular power is hardly ever exercised. 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 |
| 108 | Part 8 Social Rights Section 24 General Social Rights Everyone, as a member of society, has the right to social security and is entitled to the realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and thefree development of his personality. 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 |
| 109 | This right also applies to work which is the same or broadly similar or work which is judged equal by a job evaluation scheme. 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 |
| 110 | Anyone sent to prison for murder is liable to be detained for the rest of his or her life but may be released on license. 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 |
| 111 | Advertising aiming to promote religious ends is not permitted on television or radio. 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 |
| 112 | (4) British broadcasting is based on the tradition that it is a public service accountable to the people through Parliament. 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 |
| 113 | (7) Under the Hong Kong Act 1985 citizens are entitled to acquire a new form of nationality, that of British National (Overseas), together with a passport showing that an entry clearance is not required to visit Britain. 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 |
| 114 | (11) Under the Abortion Act 1967, as amended in 1990, a pregnancy may only be terminated if two registered doctors consider that this step is justified in terms of one or more of the grounds specified in the Act. 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 |
| 115 | Inside Parliament, party control is exercised by the Chief Whips and their assistants, who are chosen within the party. 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 |
| 116 | (2) A draft law is given a first reading in the House of Commons without debate; this is followed by a thorough debate on general principles at second reading. 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 |
| 117 | Section 39 European Community Affairs To keep the two Houses informed of European Community developments, and to enable them to scrutinise and debate Community policies and proposals, there is a select committee in each House and two standing committees debate specific European legislative proposals in the House of Commons. 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 |
| 118 | Chapter 1 Human Rights Part 1 Legal Framework Section 1 Overview There is no written constitution or comprehensive Bill of Rights; Britain's constitution is to be found partly in conventions and customs and partly in statute. 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 |
| 119 | There is no fundamental distinction between 'public law' and 'private law'. 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 |
| 120 | Because of Britain's membership of the European Community, Community law is part of British law and takes precedence in the event of conflict between the two. 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 |
| 121 | If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. 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 |
| 122 | Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. 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 |
| 123 | Section 3 [Vice President as Acting President] Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. 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 |
| 124 | But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 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 |
| 125 | Amendment XVIII [1919 - Prohibition] Section 1 [Prohibition] After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. 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 |
| 126 | Section 4 [Vice President as Acting President] Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. 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 |
| 127 | If the President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. 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 |
| 128 | When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. 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 |
| 129 | Amendment XXI [1933 - Repeal of Prohibition] Section 1 [Repeal] The eighteenth article of amendment to the Constitution of the United States is hereby repealed. 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 |
| 130 | Section 2 [State Prohibition] The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. 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 |
| 131 | Section 2 [Vice President Replacement] Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. 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 |
| 132 | If it is impossible for the incumbent President of the Republic of Uzbekistan to fulfill his duties, his duties and powers are temporarily assigned to the Chairperson of the Senate of the Oliy Majlis of the Republic of Uzbekistan, holding for three months in full accordance with the law, the election of the President of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 133 | The nominee of the Prime Minister is to be considered as approved if it receives more than a half of total number of votes of the deputies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 134 | Each person shall have the right to legal counsel of his or her choice at any stage of the criminal proceedings, and where the person concerned is detained, as soon as his or her right to freedom of movement is restricted. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 135 | The term of powers of the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan is five years. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 136 | The law shall come into effect when it is adopted by the Legislative Chamber, approved by the Senate, signed by the President of the Republic of Uzbekistan and issued in the official publications in specified by law procedure. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 137 | No one shall be convicted, punished, deprived of property, or any other right on the basis of a law that is not publicly promulgated. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 138 | Everyone who is in the territory of the Republic of Uzbekistan on legal grounds shall have the right to freedom of movement within the country, choice of place of stay and residence, except for the restrictions established by law. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 139 | It is the duty of citizens to protect the historical, spiritual and cultural scientific and natural heritage of the people of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 140 | Defense of the Republic of Uzbekistan is the duty of every citizen of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 141 | Uzbekistan is a sovereign democratic, legal, social and secular state with a republican form of government. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 142 | Democracy in the Republic of Uzbekistan shall rest on the principles common to all mankind, according to which the ultimate value is the human being, their life, freedom, honor, dignity and other inalienable rights. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 143 | A person may not be convicted or punished, if a confession of guilt is the only evidence against him or her. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 144 | The family is the primary unit of the society and is under the protection of society and the state. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 145 | The sovereign Republic of Karakalpakstan is part of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 146 | The President of the Republic of Uzbekistan is the head of the state and ensures agreed functioning and interaction of the state authorities. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 147 | The monetary unit of the Republic of Uzbekistan is the Soum. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 148 | Soum is the only unrestricted legal tender on the entire territory of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 149 | The right to life is an inalienable right of every human being and shall be protected by law. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 150 | Ensuring human rights and freedoms is the highest goal of the state. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 151 | Membership in trade unions is voluntary. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
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