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USA Electoral Law
USA Electoral Law
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| 1 | There, the Administrative Appeals Tribunal, consisting of a full bench of Federal Court judges, ruled that the Western Australian “liberals 4 forests” was registrable, despite protests from the older, larger and more conservative Liberal Party of Australia (Western Australian Division). This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | A central reason for this is the lack of a Bill of Rights at any level of government in Australia. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | The decision opened up the possibility of a shift in position from relative parliamentary license in the construction of electoral law to routine judicial review. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | In Sue v Hill, the High Court held that a petition to unseat a successful candidate on the basis of a lack of qualifications was an exercise in judicial power. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | But Featherston is an example of a petition driven in part by a desire for revenge, that is, to embarrass the successful candidate. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | Imagine a natural disaster causes polling to be spread over a week instead of a day, but the process to elongate polling is not authorized by law. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 7 | Further, in the Anglo-Australian tradition, some judges may be reluctant to adjudicate electoral matters, under time and media pressure, during the heat of a campaign. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 8 | Such debates have been particularly acute in the two geographically largest states, Queensland and Western Australia, both of which had significant rural weighting in the form of a system dividing those States into different zones, with markedly different enrolment quotas. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 9 | Queensland, after the purgative of a major Royal Commission, which heralded root and branch reform to many aspects of government, conducted a thorough inquiry into its electoral system in 1990. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 10 | However it bowed before the inquiry’s recommendation of a curious, hybrid system, largely based on “one-vote, one-value,” but with a dispensation for electorates greater than 100,000 km2 in area. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 11 | if candidates of a particular group attract more than 50 per cent of the popular vote” they will win more than 50% of the seats. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 12 | Those who blanch at the sight of a party or administration gaining political control with less than 50% of the vote see this as a noble aim. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 13 | Yet since outstanding postal votes are a necessary feature of a geographically dispersed electorate such as Australia’s, and will remain definitive in really tight seats, the ultimate result may not be expedited at all. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 14 | A plethora of scandals in Australia, ranging from a secret policy deal with a lobby group on the eve of a crucial by-election, to allegations of cash-for-preference-recommendations, have led to a series of embarrassing inquiries and investigations. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 15 | Citizen-initiated referenda do not exist in Australia (except in the tiny offshore territory of Norfolk Island).95 In any event, unlike the United States, citizen interest in politics is less a process of a vibrant civic society driven by thousands of private associations. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 16 | (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 |
| 17 | (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 |
| 18 | (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 |
| 19 | (6) Regulations may make provision— (a) enabling the inspection of a list prepared under paragraph (1) by prescribed persons; (b) authorising or requiring prescribed persons to supply a copy of a list prepared under paragraph (1) to such persons as may be prescribed; (c) for the payment of a fee in respect of the inspection of a list or the supply of a copy of 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 |
| 20 | (2) In paragraph (3), after sub-paragraph (e) insert— “(f) in the case of an election held in Northern Ireland, the lists prepared for the polling station under rule 19B.” (3) After paragraph (3) insert— “(3ZA) In the case of an election held in England and Wales or Scotland, the returning officer must also provide each polling station with a prescribed form (referred to in these rules as “the ballot paper refusal list”) on which entries are to be made as mentioned in rule 40ZB (refusal to deliver ballot paper: Great Britain).” (4) After paragraph (4) insert— “(4A) In the case of an election held in England and Wales or Scotland, a large notice must be displayed inside each polling station containing— (a) details of the documents the voter needs to produce when applying for a ballot paper, namely— (i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H); (ii) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card, and (b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a specified form of identification and the name of the elector or proxy that the voter claims to be.” 16 (1) Rule 35 (questions to be put to voters) 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 |
| 21 | (5) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also— (a) in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom; (b) in the case of a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership in the United Kingdom; (c) in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom. 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 | (2) In paragraph (3), for the words from “except” to the end substitute “except— (a) order the arrest of any person or the exclusion or removal of any person from the polling station, (b) refuse to deliver a ballot paper under rule 35(3) or the relevant paragraph of rule 37, or (c) resolve doubts over identity as mentioned in the relevant paragraph of rule 37.” (3) After paragraph (3) insert— “(4) In paragraph (3), “the relevant paragraph of rule 37” means— (a) in sub-paragraph (b)— (i) paragraph (1E) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40); (ii) paragraph (1C) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40); (b) in sub-paragraph (c)— (i) paragraph (1F) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40); (ii) paragraph (1DA) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40).” 14 In rule 28 (issue of official poll cards), after paragraph (3) insert— “(3ZA) In the case of a form prescribed under paragraph (3) that relates to— (a) elections in England and Wales or Scotland, and (b) an official poll card to be sent to an elector or proxy voting in person at a polling station, the form must include details of the documents the voter needs to bring to the polling station, namely— (i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H); (ii) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.” 15 (1) Rule 29 (equipment of polling stations) 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 |
| 23 | (2) But a person who handles a postal voting document for use in a local election is not guilty of a corrupt practice if— (a) the person is responsible for, or assists with, the conduct of that election (for example as a returning officer or a person working under the direction of a returning officer), (b) the person is engaged in the business of a postal operator, or (c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building, and the handling is consistent with the person’s duties in that capacity. 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 | (2) But a person who handles a postal voting document for use in a relevant election does not commit the offence if— (a) the person is responsible for, or assists with, the conduct of that election (for example as a returning officer or a person working under the direction of a returning officer), (b) the person is engaged in the business of a postal operator, or (c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building, and the handling is consistent with the person’s duties in that capacity. 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 | (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 |
| 26 | (4) The events referred to in subsections (1)(b) and (3)(b) are— (a) the registration officer determines in accordance with regulations that the person was not entitled to be registered or to remain registered (as the case may be); (b) the registration officer determines in accordance with regulations— (i) that the person was registered as the result of an application under section 10ZC or 10A(1) of the principal Act made by some other person, or (ii) that the person’s entry has been altered as the result of an application under section 10ZD or 10A(4) of that Act made by some other person; (c) the overseas elector’s declaration is cancelled (see section 1C(7)); (d) another entry made in respect of the person in any electoral register takes effect (in the case of a register of parliamentary electors, whether or not in pursuance of an overseas elector’s declaration). 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 | (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 |
| 28 | (2) Activities are undertaken “for election purposes” if they are undertaken— (a) for the purposes of or in connection with— (i) promoting or procuring electoral success for a registered party at a relevant election, or (ii) promoting or procuring the election of a candidate at a relevant election, (b) for the purposes of or in connection with enhancing the standing with the electorate, in connection with future relevant elections (whether imminent or otherwise), of a registered party or a candidate at a relevant election, or (c) with a view to prejudicing— (i) the electoral prospects of a registered party or a candidate at a relevant election, or (ii) the standing with the electorate, in connection with future relevant elections (whether imminent or otherwise), of a registered party or a candidate at a relevant election. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 29 | (9) In this section “relevant election” means— (a) a parliamentary election, (b) an election to the Scottish Parliament, (c) an election to Senedd Cymru, (d) an election to the Northern Ireland Assembly, (e) a local government election within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983, (f) an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor, (g) an election for the return of a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, (h) a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act), or (i) an election of a police and crime commissioner. 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 | (3) In section 173 (incapacities on conviction for corrupt or illegal practice)— (a) after subsection (2) insert— “(2A) A person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence)— (a) is, during the relevant period specified in subsection (3), incapable of being elected to the House of Commons, and Schedule 5—Undue influence: further provision (b) if already elected to a seat in the House of Commons, must vacate the seat subject to and in accordance with subsections (4) and (5).”; (b) in subsection (3), for “subsection (1)(a)” substitute “subsections (1)(a) and (2A)(a)”; (c) in subsection (4), after “subsection (1)(b)” insert “or (2A)(b)”; (d) after subsection (7) insert— “(7A) If a person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence) has already been elected to a seat in the House of Commons, the person is (in addition to being subject to the incapacities mentioned in subsection (2A)(a) above and section 112(1)(a)(ii) of that Act) suspended from performing any of the functions of a Member of Parliament during the period of suspension specified in subsection (8).”; (e) in subsection (8), for “subsection (7)” substitute “subsections (7) and (7A)”; (f) after subsection (9) insert— “(9A) Any incapacity or other requirement applying to a person by virtue of subsection (2A) or (7A) applies in addition to any punishment imposed under section 108 of the Electoral Law Act (Northern Ireland) 1962; but each of those subsections has effect subject to section 113(2) to (6) of that Act.” Greater London Authority Act 1999 5 In section 21 of the Greater London Authority Act 1999 (disqualification from being the Mayor or an Assembly member)— (a) omit the “or” after paragraph (d); (b) after paragraph (e) insert “; or (f) the person is incapable of being elected to or holding— (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 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 | Schedule 11—Illegal practices (2) In section 379(1) (other behaviour orders etc), after the entry for the Psychoactive Substances Act 2016 insert— “Elections Act 2022 section 30 disqualification Schedule 9 offence within the order meaning of section 30 of that Act.” SCHEDULE 11 Section 48 ILLEGAL PRACTICES Candidates etc at parliamentary, Northern Ireland Assembly and local elections 1 (1) This paragraph applies if— (a) apart from this paragraph, a candidate at an election, or an election agent of such a candidate, would be guilty of an offence under section 48(1), (b) the election is— (i) a parliamentary election, (ii) an election to the Northern Ireland Assembly, (iii) a local government election within the meaning of section 191 or 203 of RPA 1983, (iv) an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor, or (v) an election for the return of a mayor for the area of a combined authority, and (c) the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within— (i) section 43(4) as it applies to candidates at the election, or (ii) section 45(5) as it applies to candidates 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 |
| 32 | (4) After sub-paragraph (1) insert— “(2) The Commission may not— (a) borrow money; (b) institute criminal proceedings in England and Wales or Northern Ireland.” PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others (1) In section 90C of RPA 1983 (property, goods, services etc provided free of charge or at a discount), after subsection (1) insert— “(1A) For the purposes of subsection (1)(b), except as it applies in relation to an election in Scotland or Wales under the local government Act, property, goods, services or facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.” (2) In section 73 of PPERA (notional campaign expenditure)— (a) 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 9 (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 registered party only if their use on behalf of the party is directed, authorised or encouraged by— (a) the party, or (b) the treasurer or a deputy treasurer appointed under section 74.”; (b) in subsection (10), after “(1),” insert “(1A),”. 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 | (2) The code must in particular set out— (a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses); (b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure; (c) guidance on determining whether anything provided to or for the use of a third party falls to be dealt with in accordance with section 86 (notional controlled expenditure) or with section 95 and Schedule 11 (donations); (d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties); (e) guidance about the operation of sections 94D to 94H (targeted controlled expenditure). 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) 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 |
| 35 | 37 Interpretation of Part (1) In this Part— “disqualification order” means an order made under section 30; “relevant elective office” means the office of— (a) member of the House of Commons; (b) member of Senedd Cymru; (c) member of the Northern Ireland Assembly; (d) member of a local authority in England, Wales or Northern Ireland; (e) elected mayor (within the meaning of Part 1A or 2 of the Local Government Act 2000); (f) mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (g) Mayor of London; (h) member of the London Assembly; (i) police and crime commissioner; “relevant Scottish elective office” means the office of— (a) member of the Scottish Parliament, or (b) member of a council constituted under section 2 of the Local Government etc. 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 | 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 |
| 37 | (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 |
| 38 | (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 |
| 39 | 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 |
| 40 | The treasurer of a political committee shall keep an account of— (1) all contributions received by or on behalf of such political committee; (2) the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such contribution by any person; (3) the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year, together with the date and amount of any such contribution; (4) the identification of any political committee which makes a contribution, together with the date and amount of any such contribution; and (5) the name and address of every person to whom any disbursement is made, the date, amount, and purpose of the disbursement, and the name of the candidate and the office sought by the candidate, if any, for whom the disbursement was made, including a receipt, invoice, or cancelled check for each disbursement in excess of $200. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 41 | 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 |
| 42 | (3) The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds— (A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of— (i) 2 cents multiplied by the voting age population of the State (as certified under subsection (e) of this section); or (ii) $20,000; and (B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 43 | Subparagraph (A) shall only apply if— (i) the activity does not refer to a clearly identified candidate for Federal office; (ii) the amounts expended or disbursed are not for the costs of any broadcasting, cable, or satellite communication, other than a communication which refers solely to a clearly identified candidate for State or local office; § 30125 (iii) the amounts expended or disbursed which are described in subparagraph (A)(ii) are paid from amounts which are donated in accordance with State law and which meet the requirements of subparagraph (C), except that no person (including any person established, financed, maintained, or controlled by such person) may donate more than $10,000 to a State, district, or local committee of a political party in a calendar year for such expenditures or disbursements; and (iv) the amounts expended or disbursed are made solely from funds raised by the State, local, or district committee which makes such expenditure or disbursement, and do not include any funds provided to such committee from— (I) any other State, local, or district committee of any State party, (II) the national committee of a political party (including a national congressional campaign committee of a political party), (III) any officer or agent acting on behalf of any committee described in subclause (I) or (II), or (IV) any entity directly or indirectly established, financed, maintained, or controlled by any committee described in subclause (I) or (II). VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 44 | A national, State, district, or local committee of a political party (including a national congressional campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to— (1) an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax-exempt status under such section) and that makes expenditures or disbursements in connection with an election for Federal office (including expenditures or disbursements for Federal election activity); or (2) an organization described in section 527 of such Code (other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office). VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 45 | Deprivation of employment or other benefit for political contribution (a) Whoever, directly or indirectly, knowingly causes or attempts to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the denial or deprivation, or the threat of the denial or deprivation, of— (1) any employment, position, or work in or for any agency or other entity of the Government of the United States, a State, or a political subdivision of a State, or any compensation or benefit of such employment, position, or work; or (2) any payment or benefit of a program of the United States, a State, or a political subdivision of a State; if such employment, position, work, compensation, payment, or benefit is provided for or made possible in whole or in part by an Act of Congress, 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 |
| 46 | (b) As used in this section— (1) the term “candidate” means an individual who seeks nomination for election, or election, to Federal, State, or local office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal, State, or local office, if he has— (A) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; (2) the term “election” means— (A) a general, special primary, or runoff election, (B) a convention or caucus of a political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State; and § 601 (3) the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 47 | (9) An account described in this paragraph is any of the following accounts: (A) A separate, segregated account of a national committee of a political party (other than a national congressional campaign committee of a political party) which is used solely to defray expenses incurred with respect to a presidential nominating convention (including the payment of deposits) or to repay loans the proceeds of which were used to defray such expenses, except that the aggregate amount of expenditures the national committee of a political party may make from such account may not exceed $20,000,000 with respect to any single convention. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 48 | No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 49 | 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 |
| 50 | Notwithstanding subsection (e) (other than subsection (e)(3)), amounts specifically authorized to be spent under subparagraph (B)(iii) meet the requirements of this subparagraph only if the amounts— (i) are not solicited, received, directed, transferred, or spent by or in the name of any person described in subsection (a) or (e); and (ii) are not solicited, received, or directed through fundraising activities conducted jointly by 2 or more State, local, or district committees of any political party or their agents, or by a State, local, or district committee of a political party on behalf of the State, local, or district committee of a political party or its agent in one or more other States. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 51 | (11) The term “qualified campaign expense” means an expense— (A) incurred— (i) by the candidate of a political party for the office of President to further his election to such office or to further the election of the candidate of such political party for the office of Vice President, or both (ii) by the candidate of a political party for the office of Vice President to further his election to such office or to further the election of the candidate of such political party for the office of President, or both, or § 9002 (iii) by an authorized committee of the candidates of a political party for the offices of President and Vice President to further the election of either or both of such candidates to such offices, (B) incurred within the expenditure report period (as defined in paragraph (12)), or incurred before the beginning of such period to the extent such expense is for property, services, or facilities used during such period, and (C) neither the incurring nor payment of which constitutes a violation of any law of the United States or of the State in which such expense is incurred or paid. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 52 | Definitions When used in this Act: (1) The term “election” means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party, which has authority to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; and (D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 53 | The term ‘personal funds’ means an amount that is derived from— (A) any asset that, under applicable State law, at the time the individual became a candidate, the candidate had legal right of access to or control over, and with respect to which the candidate had— (i) legal and rightful title; or (ii) an equitable interest; (B) income received during the current election cycle of the candidate, including— (i) a salary and other earned income from bona fide employment; (ii) dividends and proceeds from the sale of the candidate’s stocks or other investments; (iii) bequests to the candidate; (iv) income from trusts established before the beginning of the election cycle; (v) income from trusts established by bequest after the beginning of the election cycle of which the candidate is the beneficiary; (vi) gifts of a personal nature that had been customarily received by the candidate prior to the beginning of the election cycle; and (vii) proceeds from lotteries and similar legal games of chance; and (C) a portion of assets that are jointly owned by the candidate and the candidate’s spouse equal to the candidate’s share of the asset under the instrument of conveyance or ownership, but if no specific share is indicated by an instrument of conveyance or ownership, the value of 1/2 of the property. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 54 | The statement of organization of a political committee shall include— (1) the name, address, and type of committee; (2) the name, address, relationship, and type of any connected organization or affiliated committee; (3) the name, address, and position of the custodian of books and accounts of the committee; (4) the name and address of the treasurer of the committee; (5) if the committee is authorized by a candidate, the name, address, office sought, and party affiliation of the candidate; and (6) a listing of all banks, safety deposit boxes, or other depositories used by the committee. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 55 | (4) All political committees other than authorized committees of a candidate shall file either— (A) (i) quarterly reports, in a calendar year in which a regularly scheduled general election is held, which shall be filed no later than the 15th day after the last day of each calendar quarter: except that the report for the quarter ending on December 31 of such calendar year shall be filed no later than January 31 of the following calendar year; (ii) a pre-election report, which shall be filed no later than the 12th day before (or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before) any election in which the committee makes a contribution to or expenditure on behalf of a candidate in such election, and which shall be complete as of the 20th day before the election; (iii) a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election; and (iv) in any other calendar year, a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year; or (B) monthly reports in all calendar years which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year-end report shall be filed no later than January 31 of the following calendar year. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 56 | 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 |
| 57 | Powers of the Central Election Commission Central Election Commission shall: head the system of election commissions formed for conducting the elections of the President of the Republic of Uzbekistan, of the Oliy Majlis of the Republic of Uzbekistan, carries out the control over the execution of the present Code throughout the Republic of Uzbekistan, ensure its uniform application; announce the start of the election campaign on the election of the President of the Republic of Uzbekistan, deputies of the Legislative Chamber and local Kengashes; provide methodological support for the activities of election commissions, within its powers, adopts resolutions, approves instructions and regulations, provides clarifications on the organization of elections; provide general guidance and coordination of activities on the implementation of Information management system of the electoral process and the use of a Single electronic list of voters of the Republic of Uzbekistan (hereinafter — the Single electronic list of voters); form election constituencies for the election of the President of the Republic of Uzbekistan and deputies of the Legislative Chamber; resolve the matters of assigning polling stations formed under the diplomatic and other representations of the Republic of Uzbekistan in foreign countries to the relevant election constituencies; form the district election commissions for elections of the President of the Republic of Uzbekistan and deputies of the Legislative Chamber and publish information about their location; establish the procedure for introducing amendments to the composition of election commissions; cancel the decisions of the territorial election commissions either independently or upon the presentation of the General Prosecutor of the Republic of Uzbekistan, in the case if these decisions contravene with the present Code; issue mandates to the observers from foreign states, international organizations at elections; develop and approve the expenditure budget for the preparation and conduct of elections, distribute funds to election commissions, including the financing of political parties’ participation in elections, supervise the provision of election commissions with premises, transport and communication facilities, consider other matters related to material and technical support of elections; determine a sample mandate for observers of political parties, citizens’ self-governing bodies, representatives of mass media, observers from other states, international organizations; make decision on admission of political parties to participate in the elections on the basis of the submitted documents; accept relevant documents from the political parties nominating candidates for the President of the Republic of Uzbekistan and deputies of the Legislative Chamber; register candidates for the President of the Republic of Uzbekistan and candidates for deputies of the Legislative Chamber, organize publication of the lists of registered candidates and information on them in the press and issuance of certificates for them; register the proxies of candidates for President of the Republic of Uzbekistan and issue them certificates; provide equal conditions of participation at the elections for candidates to the President of the Republic of Uzbekistan and candidates to deputy of the Legislative Chamber; establish samples and forms of ballot papers on the election of the President of the Republic of Uzbekistan, deputies of the Legislative Chamber and members of the Senate, voter lists, signature lists, protocols of election commissions and other documents, ballot boxes and seals of election commissions, determines their storage order. General provisions Article 1. | Uzbekistan Electoral Law |
| 58 | The application shall include: the decision of the supreme body of the political party to nominate a candidate for the President of the Republic of Uzbekistan; a protocol of the meeting of the supreme body of the political party on the nomination of a candidate for the President of the Republic of Uzbekistan, in which surname, name, patronymic, date of birth, profession, position (type of activity), place of work and residence of the candidate to the President of the Republic of Uzbekistan shall be indicated; an application by the candidate for the President of the Republic of Uzbekistan on his/her consent for nominating his/her candidate; signature sheets supporting the nominated candidate for President of the Republic of Uzbekistan. General provisions Article 1. | Uzbekistan Electoral Law |
| 59 | The following shall be attached to the application: decision of the supreme body of the political party on nomination of the candidates; a protocol of the supreme body of the political party on nomination of candidates for deputy, in which surname, name, patronymic, date of birth, profession, position (type of activity), place of work and residence, party membership as well as the name and sequence number of the constituency shall be indicated; an application of the candidate for deputy on the consent to run him/her in the respective constituency; an application for the resignation of a candidate for deputy, if he/she is elected as a deputy of the Legislative Chamber. General provisions Article 1. | Uzbekistan Electoral Law |
| 60 | In the case of the retiring of a member of the Senate less than six months before the expiration of the term of office of the Senate, the election of a new member of the Senate instead of the retired one may not be held. General provisions Article 1. | Uzbekistan Electoral Law |
| 61 | Citizens declared legally incapable by the court, as well as persons being held in a place of detention by order of a court, may not be elected. General provisions Article 1. | Uzbekistan Electoral Law |
| 62 | Citizens declared legally incapable by the court, as well as persons being held in a place of detention by order of a court for committing grave and particularly grave crimes may not participate in elections. General provisions Article 1. | Uzbekistan Electoral Law |
| 63 | Powers of the regional, sub-regional and city election commission Regional, sub-regional, city election commission shall: exercise control over the execution of the present Code in the relevant territory, ensure its uniform application and provide explanations on the organization and conduct of election; form election constituencies for elections to the respective local Kengashes, assign them names and sequence numbers and publish information on the location of the election commission of that constituency; form the district election commissions for the elections to the relevant local Council and publish information on the composition of the commission; direct the activity of the respective election commissions, determine the procedure for making amendments to the composition of them, have an authority to cancel decisions of the district and precinct election commissions either independently or upon the proposal by the regional, sub-regional or city prosecutor, if these decisions contradict the present Code; accept relevant documents from political parties nominating candidates for the deputies; register candidates for deputies and issue them certificates; provide equal conditions for candidates to participate in election campaign; distribute funds among relevant election commissions, control over the provision of election commissions with premises, transport and communication facilities, and consider other matters of material and technical support of the elections; approve and prepare forms of ballot papers on the elections of the respective local Kengash, lists of voters, protocols of election commissions, its seals, other election-related documents; hear reports of political parties, other public associations, local authorities, citizens’ self-governing bodies and heads of enterprises, institutions and organizations on the preparation and conduct of elections; tabulate election results to the relevant local Kengash, register elected deputies, publish information on election outcomes and list of elected deputies in the press; issue a certificate and a breastplate of a relevant deputy of the local Kengash; resolve the matters related to the conduct of repeat election; shall consider the appeals of voters and other participants in the electoral process and makes decisions on them, except for complaints on the actions and decisions of election commissions; submit materials on the violation of the requirements of the present Code to the court or relevant law enforcement agencies; ensure the submission of documents related to the organization and conduct of elections to archives and departmental archives. General provisions Article 1. | Uzbekistan Electoral Law |
| 64 | 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 |
| 65 | More than half of the members of a precinct election commission cannot be recommended from one organization, with the exception of precinct election commissions formed at diplomatic and other representations of the Republic of Uzbekistan in foreign countries, in military units, sanatoriums and rest homes, hospitals and other stationary medical institutions, places of detention and imprisonment. General provisions Article 1. | Uzbekistan Electoral Law |
| 66 | In the case of a division of votes, chairperson’s vote is decisive. General provisions Article 1. | Uzbekistan Electoral Law |
| 67 | Voter lists shall be made based on data of Information system on formation of a Single electronic list of voters. General provisions Article 1. | Uzbekistan Electoral Law |
| 68 | Precinct election commissions formed at diplomatic and other representations of the Republic of Uzbekistan in foreign countries check the personal data specified in the applications of citizens in foreign countries about their inclusion in the voter list and decide on the inclusion of a citizen in the voter list. General provisions Article 1. | Uzbekistan Electoral Law |
| 69 | After receiving the preliminary list of voters, precinct election commission shall take measures to identify the population living in the territory of the polling station by the way of a door-to-door visits. General provisions Article 1. | Uzbekistan Electoral Law |
| 70 | Content of a ballot paper The form and text of the ballot paper for the elections of the President of the Republic of Uzbekistan and the deputies of the Legislative Chamber shall be approved by the Central Election Commission. General provisions Article 1. | Uzbekistan Electoral Law |
| 71 | Surname, name and patronymic of the candidate shall be entered in ballot paper in alphabetical order with indication of a date of birth and political party nominating him/her. General provisions Article 1. | Uzbekistan Electoral Law |
| 72 | Observers are prohibited from: being present in a booth or room of a secret ballot when voter marks his/her ballot paper; influencing citizens, distributing any agitation material or literature; asking voters how they voted, or providing any assistance to voters in marking ballot paper; interfering in the work of election commissions, including sealing of ballot boxes, their opening and counting of votes. General provisions Article 1. | Uzbekistan Electoral Law |
| 73 | Before the expiration of the term of nomination of candidates political party can make to the respective election commission proposal on the registration of a new candidates. General provisions Article 1. | Uzbekistan Electoral Law |
| 74 | The termination of a political party deprives the candidate of the right to participate in elections from that party. General provisions Article 1. | Uzbekistan Electoral Law |
| 75 | In case of death, deprivation of voting rights or recall of a candidate before the elections, the line with the candidate's surname, name and patronymic is crossed out in the printed ballots. General provisions Article 1. | Uzbekistan Electoral Law |
| 76 | 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 |
| 77 | 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 |
| 78 | 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 |
| 79 | (8) A reverence in this section to the appointment of a Justice of the High Court or of a court created by the Parliament shall be read as including a reference to the appointment of a person who holds office as a Justice of the High court or of a court created by the Parliament to another office of Justice of the same court having a different status or designation. 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 |
| 80 | (6) A senator holding office at the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977, being a senator appointed by the Governor 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 appointed to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State that commenced or commences after he was appointed and further action under this section shall be taken as if the vacancy in the place of the senator chosen by the people of the State had occurred after that commencement. 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 |
| 81 | (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 |
| 82 | Section 34 [Special Qualifications of Representatives] Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows: (i) He must be of the full age of 21 years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen: (ii) He must be a subject of the Queen, either natural born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of 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 |
| 83 | Section 47 [Scrutiny of Qualification and Elections] Until the Parliament otherwise provides, any question respecting the qualification of a senator or of a member of the House of Representatives or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the House in which the question arises. 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 | Section 70 [Transfer of Old Powers] In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor General, or in the Governor General in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires. 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 | 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 |
| 86 | Section 15 [Vacancies] (1) If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen, sitting and voting together or, if there is only one House of that Parliament, that House, shall choose a person to hold the place until the expiration of the term, or until the election of a successor as hereinafter provided whichever first happens. 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 | (2) Where a vacancy has at any time occurred in the place of a senator chosen by the people of a State and at the time when he was so chosen, he was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party. 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 | (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 |
| 89 | (5) If the place of a senator chosen by the people of a State at the election of senators last held before the commencement of the Constitution Alteration (Senate Casual] Vacancies) 1977 became vacant before that commencement and, at the commencement, no person chosen by the House or Houses of Parliament of the State, or appointed by the Governor of the State, in consequence of that vacancy or in consequence of that vacancy and a subsequent vacancy or vacancies, held office, this section applies as if the place of the senator chosen by the people of the State had become vacant after that commencement. 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 | (7) Subject to the next succeeding paragraph, a senator holding office at the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 who was chosen by the House or Houses of Parliament of a State in consequence of vacancy that had at any time occurred in the place of a senator chosen by the people of the State shall he deemed to have been chosen to hold office until the expiration of the term of service of the senator elected by the people of 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 |
| 91 | Section 16 [Qualification of Senators] The qualifications of a senator shall be the same as those of 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 |
| 92 | Section 20 [Mandatory Attendance of Senators] The place of a senator shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the Senate, fails to attend the Senate. 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 | (2) After the first general election, the writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof. 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 38 [Mandatory Attendance of Representatives] The place of a member shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the House, fails to attend the House. 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 | (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 |
| 96 | In the case of a suspect arrested in connection with a serious arrestable offence, however, he or she may be detained for up to 36 hours without charge on the authority of a senior police officer; if the police wish to detain the suspect for longer than 36 hours, they must obtain authority from a court, which may not grant authority for a period beyond 96 hours from first detention. 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 |
| 97 | The ratification of a treaty or international convention does not make it automatically part of the domestic 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 |
| 98 | No one can be arrested with the exception of those suspected of committing a crime, those failing to comply with certain civil court orders, or individuals in contempt of a superior court or of 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 |
| 99 | Reviews must be made of a person's detention at regular intervals to check whether the criteria for detention are still satisfied. 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 |
| 100 | The Church of England and the Church of Scotland are the established 'official' churches for state ceremonies of a religious nature. 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 |
| 101 | It is, however, a criminal offence to present or direct an obscene performance of a play in public or private. 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 Convention defines a refugee as a person who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group 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 |
| 103 | It is also unlawful for an employer to refuse to employ an individual on the grounds of that individual's membership or non-membership of a trade union. 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 | If the majority of tenants vote in support of a proposal to set up a Trust in their area, the Trust, which is a public body, takes over the ownership of the housing in order to undertake major physical, social, and economic regeneration. 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 | Once the work is completed, the tenants decide on the future of their homes, such as a transfer to a housing association, formation of a tenants' co-operative, or a return to the local government authority. 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 | Voting is not compulsory; 76.9 per cent of a total electorate of 43.3 million people voted in the general election in April 1992. 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 | The records of the Lords from 1497 and of the Commons from 1547, together with the parliamentary and political papers of a number of former members of both Houses, are available to the public through the House of Lords Record Office. 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 | (2) Select committees are appointed, normally for the duration of a Parliament, to examine subjects by taking written and oral evidence. 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 | 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 |
| 110 | (3) Every Order, Resolution, or Vote, to Which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. 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 |
| 111 | But in chusing the President, the Votes shall be taken by States the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. 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 |
| 112 | But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. 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 |
| 113 | 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. 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 |
| 114 | Amendment II [1791 - Right to Bear Arms] A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. 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 |
| 115 | Amendment V [1791 - Grand Jury, Double Jeopardy, Self-Incrimination, Due Process] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty , or property , without due process of law; nor shall private property be taken for public use, without just compensation. 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 |
| 116 | Amendment XXII [1951 - Presidential Two Term Limit] Section 1 [Term Limit] No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. 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 |
| 117 | The exclusive powers of the Senate of the Oliy Majlis of the Republic of Uzbekistan shall include: 1) election the Constitutional Court, the Supreme Court, the Supreme Judicial Council of the Republic of Uzbekistan, the head of the republican anti-corruption body and the head of the republican anti-monopoly body on representation of the President of the Republic of Uzbekistan; 2) consideration and approval of the candidates for the posts of theProsecutor General of the Republic of Uzbekistan and the chairperson of the Chamber of Accounts of the Republic of Uzbekistan on representation of the President of the Republic of Uzbekistan; 3) conducting consultations on the candidature proposed by the President of the Republic of Uzbekistan for the post of the chairperson of State Security Service of the Republic of Uzbekistan; 4) on the nomination of the President of the Republic of Uzbekistan appointment and dismissal of the heads of diplomatic missions and other representations of the Republic of Uzbekistan in foreign states and international organizations on representation of the President of the Republic of Uzbekistan; 5) appointment and relief of the Chairperson of the Board of the Central Bank of the Republic of Uzbekistan on representation of the President of the Republic of Uzbekistan 6) ratification of decrees of the President of the Republic of Uzbekistan on the establishment and abolition of ministries and other republican bodies of executive power; 7) adoption of amnesty acts on representation of the President of the Republic of Uzbekistan; 8) hearing the reports of the Prosecutor General of the Republic of Uzbekistan and the Chairperson of the Board of the Central Bank of the Republic of Uzbekistan; 9) hearing the reports of the heads of diplomatic missions and other representations of the Republic of Uzbekistan in foreign states and international organizations on the issues of their activities; 10) submission of parliamentary inquiries to the officials of state bodies and carrying out other forms of parliamentary control; 11) assistance to the representative bodies of state power on the ground in the performance of their activities; 12) rescission of the decisions of representative bodies of state power on the ground in the case of their inconsistency with the norms of legislation; 13) election of the Chairperson of the Senate of the Oliy Majlis of the Republic of Uzbekistan and his deputies, chairpersons of committees and their deputies; 14) adoption of decisions on deprivation of a member of the Senate of the Oliy Majlis of the Republic of Uzbekistan from immunity on the representation of the Prosecutor General of the Republic of Uzbekistan; 15) adoption of decisions on the matters relating to the organisation of chamber's activities and its internal organisation; 16) adopting resolutions on certain issues in the field of political, social and economic life, as well as on issues of national and foreign policy; 17) exercising the powers of the Oliy Majlis to legislate, with the exception of the Constitution and constitutional laws, during the dissolution of the Legislative Chamber; 18) exercising other powers stipulated by the Constitution and laws. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 118 | In the Republic of Uzbekistan, the work of a teacher shall be recognized as the basis for the development of society and the state, the formation and education of a healthy, harmoniously developed generation, the preservation and enhancement of the spiritual and cultural potential of the people. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 119 | Citizens of the Republic of Uzbekistan with the right to vote, in the amount of at least one hundred thousand people, the Senate of the Oliy Majlis of the Republic of Uzbekistan, the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman), the Central Election Commission of the Republic of Uzbekistan shall have the right, in the manner of a legislative initiative, to submit to the Legislative Chamber of the Oliy Majlis Republic of Uzbekistan legislative proposals. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 120 | The President of the Republic of Uzbekistan shall have the right to relieve, by his decision, khokims of districts and cities of their posts, should they violate the Constitution, laws or perform acts discrediting the honour and dignity of a khokim; 16) suspend, cancel acts of republican executive bodies and khokims; have the right to chair the meetings of the Cabinet of Ministers of the Republic of Uzbekistan; 17) sign and promulgate laws of the Republic of Uzbekistan; shall have the right to return a law, with his objections, to the Oliy Majlis of the Republic of Uzbekistan for the second discussion and vote; 18) announce condition of war in cas e of attack on the Republic of Uzbekistan or in case of necessity of the implementation of contractual obligations on mutual defense from aggression, general or partial mobilization and within seventy two hours submit the adopted decision for approval by the chambers of the Oliy Majlis of the Republic of Uzbekistan; 19) in exceptional cases (real outside threat, mass disturbances, major catastrophes, natural calamities, epidemics) in the interests of ensuring citizens’ security introduce the state of emergency on the entire territory or in the particular localities of the Republic of Uzbekistan and within seventy two hours submit the adopted decision for approval by the chambers of the Oliy Majlis of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 121 | The Cabinet of Ministers of the Republic of Uzbekistan shall: 1) take responsibility for the conduct of effective economic, social, financial, money and credit policies; the development and realization of programs on development of science, culture, education, healthcare and other areas of economy and social sphere; 2) take measures to ensure sustainable economic growth, macroeconomic stability, poverty reduction, creation of decent living conditions for the population, food security, creation of a favorable investment climate, integrated and sustainable development of territories; 3) ensure the effective functioning of the system of social protection of the population, including persons with disabilities; 4) ensure the implementation of a unified state policy in the field of environmental protection, conservation of natural wealth and biological diversity, combating climate change, epidemics, pandemics, mitigating their consequences; 5) ensure the implementation of the state youth policy, takes measures to support, strengthen and protect the family, preserve traditional family values; 6) take measures to support the institutions of civil society, ensure their participation in the development and implementation of programs for socio-economic development and social partnership; 7) take measures to protect economic, social and other rights and legitimate interests of citizens; 8) ensure the implementation of the Constitution and laws of the Republic of Uzbekistan, decisions of the chambers of the Oliy Majlis, decrees, resolutions and orders of the President of the Republic of Uzbekistan; 9) coordinate and directs the work of executive authorities, exercises control over their activities in the manner prescribed by law; 10) take measures to ensure openness and transparency, legality and efficiency in the work of executive authorities, countering corruption in their activities, improving the quality and accessibility of public services; 11) represent the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan annual report on the most important issues of the socio-economic life of the country; 12) exercise other powers provided for by this Constitution and laws. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 122 | In the Republic of Uzbekistan, public life shall develop on the basis of a diversity of political institutions, ideologies and opinions. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 123 | A person convicted of a crime shall have the right to appeal the sentence to a higher court in accordance with the procedure established by law, as well as the right to request a pardon or a reduced sentence. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 124 | 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 |
| 125 | This right shall be restricted only in accordance with the law and on the basis of a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 126 | A search of the residence shall be permitted only in accordance with the law and on the basis of a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 127 | The State shall create conditions for the development of physical culture and sports, the formation of a healthy lifestyle among the population. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 128 | The State shall ensure the development of a continuous education system, its various types and forms, state and non-state educational organizations. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 129 | An owner may not be deprived of his or her property except in the cases and according to the procedure prescribed by law and on the basis of a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 130 | The dissolution, prohibition or restriction of the activity of public associations shall take place only on the basis of a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 131 | The Republic of Karakalpakstan shall have the right to secede from the Republic of Uzbekistan on the basis of a nation-wide referendum held by the people of Karakalpakstan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 132 | The right of legislative initiative shall be exercised through the introduction of a bill by subjects of the right of legislative initiative to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 133 | The incumbent Cabinet of Ministers resigns before the newly elected Oliy Majlis of the Republic of Uzbekistan, but in accordance with the decision of the President of the Republic of Uzbekistan, continues its activities until the formation of a new composition of the Cabinet of Ministers. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 134 | In case of a triple rejection of the submitted candidates to the post of the Prime Minister, the President of the Republic of Uzbekistan shall appoint the Prime Minister and have the right to dissolve the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 135 | Based on the results of hearing the report of a member of the Cabinet of Ministers, the Legislative Chamber shall have the right to make a proposal for consideration to the President of the Republic of Uzbekistan about his resignation. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 136 | The members of the Cabinet of Ministers of the Republic of Uzbekistan shall be obliged to respond to parliamentary inquiries and requests of a deputy of the Legislative Chamber, a member of the Senate in the manner prescribed by law. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
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