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USA Electoral Law

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1 Similar debates are common overseas, for example in the united States and the united Kingdom. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
2 Generally, researchers and reformers in Australia have looked to a small set of other nations, notably the united Kingdom, and to a lesser extent the united States, Canada and New Zealand. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
3 In contrast to the united States Supreme Court, for example, the High Court of Australia plays an infrequent (and even then often minor) role in the development of electoral law. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
4 The ban was inspired by and based on the united Kingdom model where political advertising during election campaigns was banned and political parties were provided with regulated free television and radio airtime for policy statements. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
5 ACTVsuggested that the High Court might take a more active role in shaping electoral law in Australia, perhaps even a role similar to that played by the united States Supreme Court. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
6 The term “common law of elections” has been used to refer both to judge-made law and parliamentary committee law, particularly from the united Kingdom, made prior to the codification of electoral legislation. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
7 Although less restrictive than in the united States (where felons can suffer disenfranchisement for life), the temporary federal disenfranchisement of prisoners serving sentences in excess of 5 years and those serving just 1 year in several state elections robs thousands of otherwise voiceless citizens of their political birthright. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
8 However to accommodate homeless and peripatetic citizens, those without a fixed address can enroll in the special category of “itinerant electors.” With the franchise essentially uniform, reform debates shifted in the 1970s to focus on to the weight of votes, and issues of apportionment, gerrymandering and redistributions (better known as redistricting in the united States). This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
9 Without a solid constitutional guarantee on which to hang such a case, the Court has been unwilling to follow the lead of the united States Supreme Court in such seminal cases as Baker v Carr47 and Reynolds v Sims.48 But these failures, and the exceptional Queensland and Western Australian systems aside, a political and legal consensus has emerged around a principle that, at the very maximum, no seat should be above or below a tolerance of 10% from the average enrolment. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
10 At the level of the Federal Senate, based on the united States model, the six States each return 12 Senators and the two internal territories each return two Senators. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
11 At a little over 2% of the national population, the Indigenous population is so diluted that it would not be feasible, except perhaps in the relatively lightly populated Northern Territory, to experiment with the united States solution of drawing “majority-minority” constituencies (so called because race conscious apportionment is used to ensure at least a few geographically based seats are dominated by minorities). This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
12 Preferential voting is better known as “instant run-off voting” in the united States. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
13 Experiments with electronic technology are now commonplace internationally, with a veritable industry leading the way in the united States, where dispersed regulatory control has led to a bold, if sometimes unreliable, patchwork of innovation. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
14 Second, Australia lacks the history of blatant political discrimination, such as the “white primaries,” that inspired a system of open primaries in the united States. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
15 In the united States, as is well known, “money politics” is thecentral issue of electoral regulation. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
16 The Federal Election Commission was specially set up in the united States to administer the Federal Election Campaign Act, which governs the financing of federal elections. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
17 At present, those conditions do not exist in Australia to the same extent as the united States. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
18 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
19 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
20 This affects Australia, like the united States, less than many nations, since it is not part of any international electoral or legal system as such, in contrast, say, to the nations of the European Union. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian 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 rule 6 (nomination of candidates)— (a) in paragraph (5)(b), for the words from “state” to the end substitute “— (i) where the candidate’s home address is in the united Kingdom, state the constituency or the relevant area within which that address is situated; (ii) where the candidate’s home address is outside the united Kingdom, state the country within which that address is situated.”; (b) after paragraph (5) insert— “(6) In paragraph (5)(b)(i), “relevant area” means— (a) in relation to a home address in England— (i) if the address is within a district for which there is a district council, that district; (ii) if the address is within a county in which there are no districts with councils, that county; (iii) if the address is within a London borough, that London borough; (iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London; (v) if the address is within the Isles of Scilly, the Isles of Scilly; (b) in relation to a home address in Wales— (i) if the address is within a county, that county; (ii) if the address is within a county borough, that county borough; (c) in relation to a home address in Scotland, the local government area in which the address is situated; (d) in relation to a home address in Northern Ireland, the local government district in which the address is situated.” (3) In the Appendix of forms, in the Form of Front of Ballot Paper, for the address after “Catherine Angelina Smith” substitute “(address in [relevant area])”. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
23 (3) A person satisfies the previous residence condition if— (a) the person has at some time in the past been resident in the united Kingdom, (b) on the last day on which the person was resident in the united Kingdom, the person— (i) was resident at an address at a place that is situated within the constituency, or (ii) was not so resident but could have made a declaration under section 7B of the principal Act (a “declaration of local connection”) in respect of such an address, and (c) subject to section 1B(4), the person has not at any time been included in any electoral register (whether in respect of the address mentioned in paragraph (b) or any other address). 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
24 (3) Where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(i), the declaration must also— (a) specify— (i) the address in the united Kingdom at which the declarant was resident, and (ii) when the declarant was last resident at that address, and (b) state that since being resident at that address, the declarant has not been resident at any other address 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
25 (9) The fifth purpose is influencing the public, or any section of the public, to give support to or withhold support from— (a) the holding of a referendum in the united Kingdom or any area in the united Kingdom, or (b) a particular outcome of such a referendum. 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 1A Qualification as an overseas elector in respect of a constituency (1) For the purposes of this Act and the principal Act, a person qualifies as an overseas elector in respect of a constituency on the declaration date if— (a) on that date the person is not resident in the united Kingdom, and (b) the person satisfies the previous registration condition or the previous residence condition. 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 (4) For the purposes of subsection (3)(b)(ii), it is to be assumed that section 7B of the principal Act was in force on the last day on which the person was resident 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
28 (6) For the purposes of section 1A, where a person is registered in a register of parliamentary electors for a constituency or part of a constituency in pursuance of an overseas elector’s declaration, it is to be conclusively presumed that the person was not resident in the united Kingdom on the date on which the person made the 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
29 1C Overseas elector’s declaration (1) An overseas elector’s declaration must— (a) give the full name of the person making the declaration (“the declarant”), (b) state the date of the declaration, (c) state that the declarant is a British citizen, (d) state that the declarant is not resident in the united Kingdom on the date of the declaration, (e) state whether the declarant is seeking to be registered in reliance on the previous registration condition or the previous residence condition, (f) contain any other prescribed information and satisfy any other prescribed requirements (which may include requirements for the declaration to be attested), and (g) state that the declarant believes the matters stated in the declaration to be true. 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 (2) Where the declarant is seeking to be registered in reliance on the previous registration condition, the declaration must also— (a) specify— (i) the address in the united Kingdom in respect of which the declarant was included in an electoral register, and (ii) when the declarant was last included in such a register in respect of that address, and (b) state that since the declarant’s entry in that register in respect of that address ceased to have effect, the declarant has not been included in any electoral register (whether in respect of that or any other address). 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 (4) Where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(ii), the declaration must also specify an address in respect of which the declarant could have made a declaration of local connection on the last day on which the declarant was resident 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
32 (6) If the declarant— (a) makes an overseas elector’s declaration that specifies more than one address under subsection (2)(a), (3)(a) or (4), or (b) makes two or more overseas elector’s declarations that bear the same date and specify different addresses in the united Kingdom under subsection (2)(a), (3)(a) or (4), the declaration or declarations are void. 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 (7) Where a person is entitled to remain registered in a register of parliamentary electors for a constituency or part of a constituency by virtue of subsections (2) and (3), it is to be conclusively presumed for the purposes of section 1A that the person was not resident in the united Kingdom on the date on which the person made the renewal declaration in question. 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 1E Renewal declaration (1) A renewal declaration must— (a) give the full name and date of birth of the person making the declaration (“the declarant”), (b) state the date of the declaration, (c) state that the declarant is a British citizen, (d) state that the declarant is not resident in the united Kingdom on the date of the declaration, (e) contain any other prescribed information and satisfy any other prescribed requirements, and (f) state that the declarant believes the matters stated in the declaration to be true. 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 (6) If a person has specified an address in the united Kingdom, other than the person’s proper address within the meaning of subsection (5), as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice under this Part, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person’s proper address. 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 (8) In this section— “officer” in relation to a body corporate, means a director, manager, secretary or other similar officer of the body; “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of 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
37 (3) Any amendment, repeal or revocation made by any of the following provisions has the same extent in the united Kingdom as the enactment amended, repealed or revoked— (a) Parts 3 and 4; Part 7—General (b) Schedule 7; (c) Parts 2 and 3 of Schedule 8; (d) Schedule 10. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
38 (5) Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the united Kingdom) apply to the amendments of that Act made by paragraph 8 of Schedule 10 as those subsections apply to the provisions of that Act. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
39 (1I) In paragraph (1H)(a) “United Kingdom passport” means a passport issued by— (a) the Government of the united Kingdom, (b) the Lieutenant-Governor of any of the Channel Islands or the Isle of Man, or (c) the Government of any British overseas territory. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
40 Local Government Act (Northern Ireland) 1972 3 In section 4 of the Local Government Act (Northern Ireland) 1972 (disqualifications), in subsection (1), after paragraph (e) insert— “(ea) the person is incapable of being elected to or holding— (i) the office of member of the House of Commons of the Parliament of the united Kingdom, having been reported personally guilty or convicted of a corrupt Schedule 5—Undue influence: further provision practice under section 114A of the Representation of the People Act 1983, article 69 of the Police and Crime Commissioner Elections Order 2012 or regulation 136 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (undue influence); (ii) 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) (undue influence); or”. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
41 § 611(b) provides: “(b) The term “foreign principal” includes— (1) a government of a foreign country and a foreign political party; (2) a person outside of the united States, unless it is established that such person is an individual and a citizen of and domiciled within the united States, or that such person is not an individual and is organized under or created by the laws of the united States or of any State or other place subject to the jurisdiction of the united States and has its principal place of business within the united States; and (3) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.” 25 8 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
42 Interference by administrative employees of Federal, State, or Territorial Governments Whoever, being a person employed in any administrative position by the united States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the united States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the united States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the united States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
43 It shall be unlawful for any person— (1) Who enters into any contract with the united States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the united States or any department or agency thereof or for selling any land or building to the united States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or (2) knowingly to solicit any such contribution from any such person for any such purpose during any such period. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
44 (b) As used in this section, the term “foreign national” means— (1) a foreign principal, as such term is defined by section 611(b) of title 22,24 except that the term “foreign national” shall not include any individual who is a citizen of the united States; or (2) an individual who is not a citizen of the united States or a national of the united States (as defined in section 101(a)(22) of the Immigration and Nationality Act)and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.25 24 22 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
45 (6) The term “matching payment period” means the period beginning with the beginning of the calendar year in which a general election for the office of President of the united States will be held and ending on the date on which the national convention of the party whose nomination a candidate seeks nominates its candidate for the office of President of the united States, or, in the case of a party which does not make such nomination by national convention, ending on the earlier of— (A) the date such party nominates its candidate for the office of President of the united States, or (B) the last day of the last national convention held by a major party during such calendar year. 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 (2) A corporation, trust, or community chest, fund, or foundation— § 170 (A) created or organized in the united States or in any possession thereof, or under the law of the united States, any State, the District of Columbia, or any possession of the united States; (B) organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals; (C) no part of the net earnings of which inures to the benefit of any private shareholder or individual; and (D) which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
48 (12) The term “State” means a State of the united States, the District of Columbia, the Commonwealth of Puerto Rico, or a 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
49 No officer or agency of the united States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the united States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
50 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
51 (2) For purposes of this subsection— (A) expenditures made by or on behalf 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 expenditures made by or on behalf of the candidate of such party for election to the office of President of the united States; and (B) an expenditure is made on behalf of a candidate, including a vice presidential candidate, if it is made by— (i) an authorized committee or any other agent of the candidate for purposes of making any expenditure; or (ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make the expenditure. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
52 (2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the united States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the united States (as certified under subsection (e) of this section). VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
53 (2) The term “candidate” means with respect to any presidential election, an individual who— (A) has been nominated for election to the office of President of the united States or the office of Vice President of the united States by a major party, or (B) has qualified to have his name on the election ballot (or to have the names of electors pledged to him on the election ballot) as the candidate of a political party for election to either such office in 10 or more States. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
54 The term “candidate” shall not include any individual who has ceased actively to seek election to the office of President of the united States or to the office of Vice President of the united States, in more than one State. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
55 In any case in which an individual ceases to be a candidate as a result of the operation of the last sentence of section 9002(2), such individual— (1) shall no longer be eligible to receive any payments under section 9006, except that such individual shall be eligible to receive payments under such section to defray qualified campaign expenses incurred while actively seeking election to the office of President of the united States or to the office of Vice President of the united States in more than one State; and (2) shall pay to the Secretary, as soon as practicable after the date upon which such individual ceases to be a candidate, an amount equal to the amount of payments received by such individual under section 9006 which are not used to defray qualified campaign expenses. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
56 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
57 Solicitation of political contributions (a) It shall be unlawful for— (1) a candidate for the Congress; (2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (3) an officer or employee of the united States or any department or agency thereof; or (4) a person receiving any salary or compensation for services from money derived from the Treasury of the united States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 (52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
58 Making political contributions (a) It shall be unlawful for an officer or employee of the united States or any department or agency thereof, or a person receiving any salary or compensation for services from money derived from the Treasury of the united States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 (52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
59 For purposes of this section, the term “charitable contribution” means a contribution or gift to or for the use of— (1) A State, a possession of the united States, or any political subdivision of any of the foregoing, or the united States or the District of Columbia, but only if the contribution or gift is made for exclusively public purposes. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
60 The organizations referred to in subparagraph (A)(ii) are— (i) a religious organization described in section 501(c)(3); (ii) an educational organization described in section 170(b)(1)(A)(ii); (iii) a charitable organization, or an organization for the prevention of cruelty to children or animals, described in section 501(c)(3), if such organization is supported, in whole or in part, by funds contributed by the united States or any State or political subdivision thereof, or is primarily supported by contributions of the general public; § 6033 (iv) an organization described in section 501(c)(3), if such organization is operated, supervised, or controlled by or in connection with a religious organization described in clause (i); (v) an organization described in section 501(c)(8); and (vi) an organization described in section 501(c)(1), if such organization is a corporation wholly owned by the united States or any agency or instrumentality thereof, or a wholly-owned subsidiary of such a corporation. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
61 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
62 Section 49 [Powers, Privileges, Immunities] The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the united Kingdom, and of its members and committees, at the establishment 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
63 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
64 The outcome of some cases has led to changes in British law to improve human rights, for example the abolition of corporal punishment in state schools and improved rights for prisoners.Britain is not a party to the Convention's Fourth Protocol (Freedom of Movement) because of inconsistency with some aspects of the united Kingdom immigration control system nor the Sixth Protocol (abolition of the death penalty). The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
65 (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the united Nations. 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
66 It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the united Nations for the maintenance of peace. 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
67 (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the united Nations. 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
68 and with the Indian Tribes; (4) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the united States; (5) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; (6) To provide for the Punishment of counterfeiting the Securities and current Coin of the united States; (7) To Establish Post Offices and Post Roads; (8) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; (9) To constitute Tribunals inferior to the supreme Court; (10) To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; (11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; (12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; (13) To provide and maintain a Navy; (14) To make Rules for the Government and Regulation of the land and naval Forces; (15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; (16) To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the united States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; (17) To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the united States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; - And (18) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the united States, or in any Department or Officer thereof. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. USA Constitution
69 (8) Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the united States, and will to the best of my Ability, preserve, protect and defend the Constitution of the united States." Section 2 [Presidential Powers] (1) The President shall be Commander in Chief of the Army and Navy of the united States, and of the militia of the several States, when called into the actual Service of the united States; he may require the Opinion, in writing, of the principal Officer in each of the Executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the united States, except in Cases of Impeachment. 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
70 Section 8 [Legislative Power] (1) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the united States; but all Duties, Imposts and Excises shall be uniform throughout the united States; (2) To borrow money on the credit of the united States; (3) To regulate Commerce with foreign Nations, and among the several States. 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
71 Section 3 [Civil War Disqualification] No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the united States, or under any State, who having previously taken an oath, as a member of Congress, or as an officer of the united States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the united States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. USA Constitution
72 United States – Constitution • Preamble • Article I [Legislature] • Section 1 [Legislative Power Vested] • Section 2 [House of Representatives] • Section 3 [Senate] • Section 4 [Elections of Senators and Representatives] • Section 5 [Rules of House and Senate] • Section 6 [Compensation and Privileges] • Section 7 [Bills] • Section 8 [Legislative Power] • Section 9 [Limits on Legislative Power] • Section 10 [Limits on States] • Article II [Presidency] • Section 1 [Election, Removal] • Section 2 [Presidential Powers] • Section 3 [Presidential Rights and Duties] • Section 4 [Impeachment] • Article III [Judiciary] • Section 1 [Judicial Power] • Section 2 [Scope of Judicial Power] • Section 3 [Treason] • Article IV [States] • Section 1 [Faith and Credit] • Section 2 [Privileges and Immunities, Extradiction, Fugitive Slaves] • Section 3 [Admission of States] • Section 4 [Guarantees to States] • Article V [Amendment Proceedings] • Article V [Amendment Proceedings] • Article VI [Constitutional Status] • Article VII [Ratification] { Adopted on: 17 Sep 1787 } { Effective since: 4 March 1789 } { ICL Document Status: 1994 } Preamble We, the People of the united States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the united States of America. 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
73 (5) No person except a natural born Citizen, or a Citizen of the united States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the united States. 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
74 Section 2 [Scope of Judicial Power] (1) The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the united States, and Treaties made, or which shall be made, under their Authority; - to all Cases affecting Ambassadors, other public Ministers and Consuls; - to all Cases of admiralty and maritime Jurisdiction; - to Controversies to which the united States shall be a Party; - to Controversies between two or more States; - between a State and Citizens of another State; - between Citizens of different States, - between Citizens of the same State claiming Lands under the Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. 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
75 (2) The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the united States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the united States, or of any particular 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
76 (2) This Constitution, and the Laws of the united States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the united States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. 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
77 (3) The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the united States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the united States. 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
78 Amendment XI [1798 - Suits Against a State] Amendment XI [1798 - Suits Against a State] The Judicial power of the united States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the united States by Citizens of another State, or by Citizens or Subjects of any Foreign 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
79 Amendment XIV [1868 - Privileges and Immunities, Due Process, Equal Protection] Section 1 [Privileges and Immunities, Due Process, Equal Protection] All persons born or naturalized in the united States, and subject to the jurisdiction thereof, are citizens of the united States and of the State wherein they reside. 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
80 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
81 But neither the united States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the united States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. 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
82 Amendment XV [1870 - Electoral Race Equality] Section 1 [Right to Vote] The right of citizens of the united States to vote shall not be denied or abridged by the united States or by any State on account of race, color, or previous condition of servitude. 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
83 Amendment XIX [1920 - Electoral Gender Equality] Amendment XIX [1920 - Electoral Gender Equality] (1) The right of citizens of the united States to vote shall not be denied or abridged by the united States or by any State on account of sex. 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
84 Amendment XXIV [1964 - Poll Tax] Section 1 [Tax] The right of citizens of the united States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the united States or any State by reason of failure to pay any poll tax or other tax. 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
85 Amendment XXVI [1971 - Maturity Age for Elections] Section 1 [Vote at 18] The right of citizens of the united States, who are eighteen years of age or older, to vote shall not be denied or abridged by the united States or by any State on account of age. 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
86 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
87 (2) No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the united States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. USA Constitution
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