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Part 4  9

A LAW to amend the Elections (Jersey) Law 2002, the Elections (Jersey) Regulations 2002 and the Political Parties (Registration) (Jersey) Law 2008.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

“annulled ballot paper” has the meaning given in Article 36(2);

“invalid”, in relation to a ballot paper, means invalid on any of the grounds listed in Article 51(1);

(1)     This Article applies to a person who –

(a)     is detained in prison (whether following conviction or otherwise); and

(b)     is entitled to vote in a public or parish election.

(4)     In this Article, “prison” has the same meaning as in the Prison (Jersey) Law 1957 (see Article 1(1) of that Law).

(2AB) In the case of an order in respect of an election under Article 13 of the States of Jersey Law 2005 (casual vacancy in office of Deputy) or Article 3 of the Connétables (Jersey) Law 2008 (casual vacancy in office of Connétable), the date fixed under paragraph (2)(c) must be as early as is reasonably practicable and, in any event, within the period of 14 days beginning with the day of the election.

17IA  Hustings

(1)     This Article applies in relation to a public election for the office of Deputy or Connétable in a constituency.

(2)     The JEA must arrange a meeting, in each relevant parish in relation to the constituency, at which each person nominated as a candidate for the election may address members of the public.

(3)     Each meeting must be held –

(a)     after the candidate announcement in relation to the election is published under Article 17H(1); and

(b)     at least 3 days before the day of the poll for the election.

(4)     The JEA must, during the nomination period in relation to the election –

(a)     determine the date and location of each meeting; and

(b)     take the steps that it considers appropriate for bringing the date and location of each meeting to the attention of the public.

(5)     In this Article, “relevant parish”, in relation to a constituency, means a parish that alone, with other parishes, or in part, comprises the constituency.

(c)     comply with other requirements, if any, as to content (which may include requirements to show photographs of candidates) specified by the JEA; and

(d)     be in the form specified by the JEA.

(1)     For the conduct of a poll, the electoral administrator for the parish where the poll is held must provide 1 or more polling stations –

(a)     in the case of a parish election, in such a way that the Autorisé is satisfied that all persons have reasonable facilities for the exercise of their right to vote; and

(b)     in the case of a public election, in such a way that the JEA, having consulted with the Autorisé, is satisfied that all persons have reasonable facilities for the exercise of their right to vote.

(3)     The Autorisé or Adjoint supervising a polling station must –

(a)     ensure that a copy of the document prepared under this Article is made available (in the booth or otherwise) to each person attending a polling station; and

(b)     take the steps that the Autorisé or Adjoint considers appropriate for making the information contained in the document accessible to all persons.

(1)     For each poll being taken for a public election or parish election, the Autorisé (or Adjoint) in charge of a polling station must give a ballot paper to each person who satisfies the Autorisé (or Adjoint) that they are entitled to vote there.

(1)     An Autorisé or Adjoint may take the measures that they consider appropriate for taking a person’s vote in a public or parish election if –

(a)     the person is entitled to vote in that election;

(b)     the person is (apart from this paragraph) unable to cast their vote because they are –

(i)      ill, disabled, illiterate or in custody; or

(ii)      the carer of a person who is ill or disabled; and

(c)     in the case of a public election, the Autorisé or Adjoint considers that –

(i)      applying for a postal vote under Article 43 would not have resolved the person’s inability to cast their vote;

(ii)      the person could not reasonably have been expected to apply for a postal vote; or

(iii)     the person could not reasonably have foreseen that they would be unable to cast their vote.

(11)   The Judicial Greffier may take the measures that they consider appropriate for taking a person’s pre-poll vote in a public election (including at locations other than those determined under Article 40B) if –

(a)     the person is entitled to vote in that election;

(b)     the person is (apart from this paragraph) unable to cast their vote because they are –

(i)      ill, disabled or illiterate; or

(ii)      the carer of a person who is ill or disabled; and

(c)     the Judicial Greffier considers that –

(i)      applying for a postal vote under Article 43 would not have resolved the person’s inability to cast their vote;

(ii)      the person could not reasonably have been expected to apply for a postal vote; or

(iii)     the person could not reasonably have foreseen that they would be unable to cast their vote.

(a)     specify, in relation to a public election –

(i)      the earliest date on which an application for a postal vote may be made (the “opening date”); and

(ii)      the latest date on which an application for a postal vote may be made (the “closing date”);

(1B)   Paragraph (2) applies if the Judicial Greffier receives an application for a postal vote in relation to a public election –

(a)     on or after the opening date specified under Article 42A(a)(i); and

(b)     on or before the closing date specified under Article 42A(a)(ii).

(c)     if it is an annulled ballot paper (see Article 36);

(b)     the packages prepared in accordance with Articles 48(4)(b) and 50(2) in connection with the election (whether prepared, or received in accordance with Article 52A(2), by the principal Autorisé).