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Australian Electoral Law
Australian Electoral Law
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| 1 | 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 |
| 2 | If “election” is interpreted narrowly as “election result,” rather than “any process within an election,” judicial review would be more widely available. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | DLP members are sensitive to such exposure; but a process of public registration implies complete transparency. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | Electoral authorities must rule on the eligibility of new registrants, a process that can lead to clashes between rival organizations seeking to use prized terminology. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | Australian jurisdictions should consider disentangling the process of running periodic elections from the more specialized and ongoing task of implementing campaign finance law. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | It does not, therefore, cover falsehoods that mislead electors in the process of decidingwhom to vote for. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 7 | However, the obvious alternative model, viz making appointments subject to an open process of parliamentary scrutiny (in line with the United States model of Senate review of significant federal appointments) may simply result in a greater politicization of appointments. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 8 | As a study by John Uhr suggests, the history of the Joint Standing Committee on Electoral Matters has been rewarding in this regard.93 It has tended to institutionalize parliamentary review of federal electoral law and practice and ensured both public and expert input into a rolling process of law reform. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 9 | 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 |
| 10 | 37 Elections Act 2022 2022 CHAPTER 37 An Act to make provision about the administration and conduct of elections, including provision designed to strengthen the integrity of the electoral process and provision about the use of the simple majority system in elections for certain offices; about overseas electors; about voting and candidacy rights of EU citizens; about the designation of a strategy and policy statement for the Electoral Commission; about the membership of the Speaker’s Committee; about the Electoral Commission’s functions in relation to criminal proceedings; about financial information to be provided by a political party on applying for registration; for preventing a person being registered as a political party and being a recognised non-party campaigner at the same time; about regulation of expenditure for political purposes; about disqualification of offenders for holding elective offices; about information to be included in electronic campaigning material; and for connected purposes. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 11 | (3B) The circumstances referred to in subsection (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post 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 |
| 12 | (3B) The circumstances referred to in sub-paragraph (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post 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 |
| 13 | Obstruction of proceedings before departments, agencies and committees Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or § 1505 Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House, or any joint committee of the Congress— Shall be fined under this title, or imprisoned not more than five years, or, if the offense involves international or domestic terrorism (as defined in section 2331 (of 18 U.S.C.)), imprisoned not more than 8 years, or both. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 14 | Mass media shall cover the process of the preparation and the conduct of the elections. General provisions Article 1. | Uzbekistan Electoral Law |
| 15 | 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 |
| 16 | determine the procedure for the preparation and delivery of ballot papers to polling stations; hear the information of representatives of election commissions, political parties, ministries, state committees and agencies, local authorities, other state bodies and public associations on matters associated with preparation and conduct of elections; summarize the results of elections, determine the total voting results in the Republic of Uzbekistan and publish the information about the number of voters who participated in voting and the number of votes cast for each candidate; in cases provided for by the present Code, organize repeat voting, holding repeat elections and election for vacant position of retired deputies of the Legislative Chamber or members of the Senate, as well as holding repeat voting and repeat election of the President of the Republic of Uzbekistan; register elected deputies of the Legislative Chamber and members of the Senate and publish their lists in the press and in other sources; convene the first post-election meeting of the Legislative Chamber, the Senate; hand on to the elected person a certificate on election as the President of the Republic of Uzbekistan; issue to the deputy of Legislative Chamber and members of Senate a certificate and a breastplate respectively of the Deputy of Legislative Chamber and Member of the Senate; 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 violation of requirements of the present Code to the court or law enforcement bodies; carry out international cooperation with representatives of electoral bodies of other countries, international organizations and foreign states, organize meetings, sign agreements and memorandums; participate in election observation in foreign countries, including missions of international organizations; invite international organizations, electoral bodies and representatives of foreign states for election observation; ensure that the documents relating to the organization and holding of elections are submitted to the departmental archives; approve the Regulation of the Central Election Commission of the Republic of Uzbekistan; strengthen and develop relations with public and the mass media. General provisions Article 1. | Uzbekistan Electoral Law |
| 17 | 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 |
| 18 | Powers of district election commission District election commission shall: exercise the control on the execution of the present Code in respective territory; form polling stations, define their sequence number for the constituency, publish their lists with indication of the address; coordinate the activity of precinct election commissions; notify voters of the location of polling stations; form precinct election commissions and publish the information about their composition; provide equal conditions for candidates to participate in election campaign; register the proxies of the candidates for the election and issues them appropriate certificates; hear the reports of the representatives of political parties, other public associations, citizens’ self-governing bodies, heads of enterprises, institutions and organizations on matters related to the preparation and conduct of elections; observe the forming of voter lists and their presentation to introduce for public; determine the results of elections over the election constituency and submit them to the Central Election Commission, regional, Tashkent city election commissions; organize re-voting and repeat election, as well as holding the election of deputies instead of the retired; 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. General provisions Article 1. | Uzbekistan Electoral Law |
| 19 | The votes cast for such a candidate during the early voting process are considered invalid by the precinct election commission during the counting of votes. General provisions Article 1. | Uzbekistan Electoral Law |
| 20 | A sealed bag with ballots, together with the act, is delivered to the polling station and stored until the start of the vote counting process on election day. General provisions Article 1. | Uzbekistan Electoral Law |
| 21 | An authorized representative of a political party and observers participating in the vote counting process shall have the right to obtain a certified copy of the protocol of precinct election commission. General provisions Article 1. | Uzbekistan Electoral Law |
| 22 | Central Election Commission shall complete the process of registration of candidates from political parties, seven days before the end of the registration period. General provisions Article 1. | Uzbekistan Electoral Law |
| 23 | After the end of the secret voting process unused, as well as distorted ballot papers shall be counted, cancelled (by cutting the upper left corner on the left) and stored separately. General provisions Article 1. | Uzbekistan Electoral Law |
| 24 | These funds shall be received by the Central Election Commission for using in the process of the election campaign. General provisions Article 1. | Uzbekistan Electoral Law |
| 25 | 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 |
| 26 | 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 |
| 27 | Amendment VI [1791 - Criminal Prosecution] In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. 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 |
| 28 | No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 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 |
| 29 | The procedure and forms of participation of citizens and civil society institutions in the budget process shall be established by law. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
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