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Australian Electoral Law
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1 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
2 ACTV struck down federal legislation banning paid broadcast advertising during election campaigns as unconstitutional. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
3 The High Court struck down the legislation by implyinga constitutional freedom of communication in relation to governmental and political matters. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
4 This might have included judicial review of electoral legislation with regard to notions of free and fair elections, as well as rights and freedoms developed by the judiciary. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
5 In fact, the cases have oscillated between two radically different approaches, particularly in the common situation where the legislation requires proof that the election result was “likely to have been affected” by the wrongdoing. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
6 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
7 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
8 However, the common law test may yet have value where electoral legislation is silent, or in unanticipated circumstances. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
9 Most Australian legislation ultimately leaves the question of remedies to the judge’s discretion: that is, remedies are to be granted on whatever grounds the judge thinks “just and sufficient,” given the “real justice,” or “substantial merits and good conscience,” of the case. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
10 As for unanticipated events, it is a trite observation that no electoral legislation can predict all eventualities. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
11 Australian electoral legislation makes a handful of electoral authority activities explicitly reviewable, for example the registration of electors and parties. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
12 Most Australian electoral legislation contains the rule that the “validity of any election or return” may be disputed only by petitioning the result. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
13 Despite this, concerns with the rorting of party pre-selections have led to legislation in Queensland to involve electoral commissions in auditing, and potentially conducting, internal party ballots. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
14 (2) In subsection (1), “subordinate legislation” means— (a) subordinate legislation within the meaning of the Interpretation Act 1978, or (b) an instrument made under— (i) an Act of the Scottish Parliament, (ii) a Measure or Act of Senedd Cymru, or (iii) Northern Ireland legislation. 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
15 63 Power to amend references to subordinate legislation etc (1) The Secretary of State may by regulations made by statutory instrument amend— (a) any provision of this Act, or (b) any provision inserted by this Act into another Act, in consequence of the amendment or revocation of any subordinate legislation which is for the time being referred to in the provision. 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
16 37) 55 Information in Commission’s annual report 56 Notices 57 Proceedings for an offence under this Part 58 Offences committed by bodies corporate 59 Offences committed by unincorporated associations etc 60 Regulations under this Part 61 Meaning of “the Commission” PART 7 GENERAL 62 Review of operation of Act 63 Power to amend references to subordinate legislation etc 64 Financial provisions 65 Interpretation etc 66 Extent 67 Commencement 68 Short title Schedule 1 — Voter identification Schedule 2 — Power to make regulations about registration, absent voting and other matters Schedule 3 — Restriction of period for which person can apply for postal vote Schedule 4 — Proxy voting: limits and transitional provision Schedule 5 — Undue influence: further provision Schedule 6 — Local elections in Northern Ireland and elections to the Northern Ireland Assembly Part 1 — Local elections in Northern Ireland Part 2 — Elections to the Northern Ireland Assembly Schedule 7 — Overseas electors Part 1 — Minor and consequential amendments Part 2 — Transitional provision Schedule 8 — Voting and candidacy rights of EU citizens Part 1 — Amendments to the Representation of the People Act 1983 Part 2 — Amendments in relation to certain local elections in England and Wales Part 3 — Amendments in relation to certain elections in Northern Ireland Part 4 — Transitional provision etc Schedule 9 — Offences for purposes of Part 5 Part 1 — Common law offences Part 2 — Statutory offences Part 3 — Inchoate offences Schedule 10 — Disqualification orders: minor and consequential amendments Schedule 11 — Illegal practices Schedule 12 — Supply of information etc ELIZABETH II 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
17 (6) A requirement imposed on the Commission under subsection (2) does not require them to disclose information if to do so would contravene the data protection legislation (but, in determining whether a disclosure would do so, the requirement imposed on the Commission is to be taken into account). 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
18 (11) Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2) and (3) are to be taken into account). 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
19 (5) Personal data may not be disclosed or used under this paragraph if the disclosure or use would contravene the data protection legislation (but in determining whether the disclosure would do so, the powers conferred by sub-paragraphs (3) and (4) are to be taken into account). 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
20 (2) A duty imposed by virtue of this Schedule does not require a person to disclose information if to do so would contravene the data protection legislation (but in determining whether the disclosure would do so, the duty imposed by virtue of this Schedule is to be taken into account). 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
21 The following organizations are referred to in subsection (a): * * * * * * * (3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
22 §§ 30107(d)(2) Testimony or comments on legislation by Commission, 52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
23 Responsibility for violation of the legislation on election Persons guilty of violating the legislation on election shall be held liable in accordance with the established procedure. General provisions Article 1. Uzbekistan Electoral Law
24 At the same time, the Central Election Commission may make a decision on the necessity of holding repeat election by the new composed district and precinct election commissions, in case of detection of violations of the legislation on elections in their activities. General provisions Article 1. Uzbekistan Electoral Law
25 In case of detection of breaches of legislation on election in the activity of district and precinct election commissions, the relevant election commission shall make a decision on the necessity of holding repeat election by the new composed district and precinct election commissions. General provisions Article 1. Uzbekistan Electoral Law
26 (6) Interception of Communications: legislation authorizes governmental interception of postal and telephone services but only on certain limited grounds. 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
27 Under the relevant legislation and the codes of practice applied by the broadcasting authorities, programs must display, as far as possible, a proper balance and wide range of subject matter, and impartiality in matters of controversy. 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
28 Its powers to delay legislation are limited by 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
29 (5) Under recent legislation people are not extradited to face trial or imprisonment if they face persecution on grounds of race, religion, nationality or political opinion. 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
30 In April 1990 legislation was passed to give British citizenship to 50,000 key people in Hong Kong and their dependents without their having to leave the territory to qualify. 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
31 Under legislation passed in 1988 a Housing Action Trust can be proposed for an area of public sector housing in England and Wales. 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
32 Under legislation passed in 1988 authors have the right to be identified on their works and to object to any unjustified modifications of them. 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
33 The maximum life has been prolonged by legislation in rare circumstances such as the two world wars. 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
34 The legislation is based on the Chancellor of the Exchequer's Budget statement, normally made in March or April each year. 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
35 and with the Indian Tribes; (4) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; (5) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; (6) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; (7) To Establish Post Offices and Post Roads; (8) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; (9) To constitute Tribunals inferior to the supreme Court; (10) To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; (11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; (12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; (13) To provide and maintain a Navy; (14) To make Rules for the Government and Regulation of the land and naval Forces; (15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; (16) To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; (17) To exercise exclusive legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; - And (18) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. 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
36 Everyone shall have the right, in accordance with the legislation and international treaties of the Republic of Uzbekistan, to apply to international bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted. FUNDAMENTAL PRINCIPLES Chapter I. Uzbekistan Constitution
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