Representation of the People Act 2014

5, 6 & 7 Max. c. 5

An Act to amend the law relating to the qualification and election of Members of Parliament; to establish criminal offenses in connection with Parliamentary elections; to make provision regarding the rule of quorum in the Houses of Parliament; and for related purposes.

[11 January 2014]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords and Commons in Parliament assembled, and by the authority of the same, as follows:

Entitlement to vote

1. Entitlement to vote

Every Æfiran citizen who is neither the Sovereign nor entitled to be a Lord of Parliament, and no other person, is entitled to vote at a Parliamentary election.

Members of Parliament

2. Qualification of Members of Parliament

(1) Every qualified elector is qualified to be a Member of Parliament, except one who—

(a) holds any office listed in Schedule A;

(b) is of unsound mind; or

(2) If a Member of Parliament ceases to be qualified under subsection (1), his or her seat shall fall vacant.

3. Seats in the House of Commons

The Sovereign shall by Order in Council determine the number of seats in the House of Commons, and may increase (but not decrease) that number during the continuance of a Parliament.

Parliamentary elections

4. Electoral rules

(1) The Sovereign shall by Order in Council make rules for the conduct of electoral proceedings, consistent with the provisions of the Constitution and this Act.

(2) The electoral rules shall require Parliamentary elections to be conducted by means either of post or of the Internet.

(3) The electoral rules shall make provision for—

(a) the giving of public notice of Parliamentary elections, including the dates or times when, and the manner in which, the registration of candidates and the casting of ballots are to take place;

(b) the maintenance of secrecy in voting and the anonymity of ballots; and

(c) the prevention of impersonation in connection with Parliamentary elections, by means of passwords or other appropriate measures.

5. Writs of election

(1) Upon the summoning of a new Parliament, the Sovereign shall issue to the Secretary of State a writ for a Parliamentary election at which a number of Members of Parliament equal to the number of seats in the House of Commons are to be elected; and shall appoint a day for the return of the result, which shall be—

(a) between 20 and 50 days after the issue of the writ; and

(b) not later than seven days before the day appointed for the meeting of the new Parliament.

(2) Whenever the number of seats in the House of Commons is increased during the continuance of a Parliament, the Sovereign shall issue to the Secretary of State a writ for a Parliamentary election at which a number of Members of Parliament equal to the increase are to be elected; and shall appoint a day for the return of the result, which shall be between 20 and 50 days after the issue of the writ.

(3) Upon receiving a writ for a Parliamentary election, the Secretary of State shall proceed to cause the election to be conducted in accordance with this Act and the electoral rules.

(4) If the Secretary of State becomes aware that the electoral rules fail to afford any person a reasonable opportunity to do anything in connection with a Parliamentary election which that person is entitled to do, he or she shall depart from the electoral rules so far as may be necessary to afford that person such an opportunity.

6. Candidacy

(1) Every person qualified to be a Member of Parliament under section 2(1) is entitled to register as a candidate in a general election.

(2) Every such person who is not a Member of Parliament is entitled to register as a candidate in a supplementary election.

7. Ballots

(1) Every qualified elector is entitled to cast one ballot in a Parliamentary election.

(2) A ballot consists of a list of one or more registered candidates in the order of an elector’s preference.

(3) The listing on a ballot of a person who is not a registered candidate shall be disregarded but does not invalidate the ballot.

8. Result of elections

(1) The Secretary of State shall cause the ballots cast in a Parliamentary election to be counted in accordance with the procedure set out in Part I of Schedule B.

(2) On the day appointed for the return of the result of a Parliamentary election, the Secretary of State shall certify the identity of each Member of Parliament thereby elected to the Clerk of the House.

9. Suspension and voiding of elections

(1) If the Throne falls vacant after the issue of a writ for a Parliamentary election but before the day appointed for the return of the result, all proceedings in pursuance of the writ shall be suspended until ten days after the accession of the new Sovereign.

(2) If the Secretary of State certifies to the Sovereign, prior to the counting of the ballots at a Parliamentary election, that there is substantial reason to believe that the result of the election has been affected by the extensive commission of offenses under this Act, then the election is void, and the Sovereign shall issue to the Secretary of State a writ for a new election in lieu thereof.

(3) If the return of the result of a general election is postponed under subsection (1), or a writ for a new election in lieu of a general election is issued under subsection (2), the day appointed for the meeting of the new Parliament shall be postponed until seven days after the return of the result.

10. Filling of vacancies

(1) Whenever the seat of a Member of Parliament falls vacant during the continuance of a Parliament, the Sovereign shall issue to the Secretary of State a writ for the filling of the vacancy; and the day appointed for the return of the result shall be three days after the issue of the writ.

(2) The Secretary of State shall cause the ballots cast in the original election to be re-counted in accordance with the procedure set out in Part II of Schedule B.

(3) On the day appointed for the return of the result, the Secretary of State shall certify the identity of the Member of Parliament thereby elected (or, if no Member can be elected, that fact) to the Clerk of the House.

(4) A Member of Parliament elected under this section shall be deemed to have been elected at the original election.

11. Dissolution of Parliament

If Parliament is dissolved after the issue of a writ for a supplementary election or the filling of a vacancy but before the day appointed for the return of the result, all proceedings in pursuance of the writ shall be terminated and no result shall be returned.

Criminal offenses

12. Breach of duty and violation of secrecy

(1) An electoral officer who fails without reasonable cause to fulfill his or her duty in connection with electoral proceedings is guilty of a misdemeanor.

(2) An electoral officer who attempts to ascertain (otherwise than as necessary in fulfilling his or her duty), or discloses, another person’s protected information is guilty of a misdemeanor.

(3) A person assisting another person in doing anything in connection with a Parliamentary election who attempts to ascertain (otherwise than as necessary in providing that assistance), or discloses, the other person’s protected information is guilty of a misdemeanor.

(4) In this section, “electoral officer” means—

(a) the Secretary of State;

(b) another person having any duty under the electoral rules; or

13. Unlawful registration and voting

Any person who—

(a) registers as a candidate, or casts a ballot, in a Parliamentary election in which he or she is not entitled to do so;

(b) casts more than one ballot in a Parliamentary election; or

is guilty of a misdemeanor.

14. Impersonation

Any person who willfully impersonates another person for the purpose of doing anything in connection with electoral proceedings is guilty of a felony.

15. Obstruction and falsification of elections, etc.

(1) Any person who willfully—

(a) obstructs the conduct of electoral proceedings;

(b) prevents or hinders any person from doing anything in connection with a Parliamentary election which that person is entitled to do;

(c) destroys, damages or impairs the operation of any electronic system or other equipment used or to be used for the conduct of electoral proceedings;

(d) forges, falsifies, destroys or damages any ballot or other document used or to be used in connection with electoral proceedings; or

(e) falsifies or falsely certifies the result of a Parliamentary election or the filling of a vacancy—

is guilty of a felony.

(2) Any person who recklessly or negligently does anything mentioned in subsection (1)(a) through (e) is guilty of a misdemeanor.

16. Deception, intimidation, coercion etc.

(1) Any person who knowingly makes a false statement, or otherwise deceives another person, for the purpose of inducing any person to—

(a) register, or not register, as a candidate in a Parliamentary election;

(b) vote, or not vote, or vote in any particular manner, at a Parliamentary election; or

is guilty of a misdemeanor.

(2) Any person who uses violence, threats, intimidation or coercion for the purpose of inducing another person to do anything mentioned in subsection (1)(a) through (c) is guilty of a felony.

(3) Any person who uses violence, threats or intimidation, or subjects another person to any disadvantage or detriment, in consequence of any person’s having done anything mentioned in subsection (1)(a) or (b), or not having disclosed his or her protected information, is guilty of a felony.

17. Bribery

(1) Any person who uses bribery for the purpose of inducing another person to do, or in consequence of another person’s having done, anything mentioned in section 16(1)(a) through (c) is guilty of a felony.

(2) Any person who accepts or solicits bribery, the use of which would constitute an offense under subsection (1), is guilty of a misdemeanor.

(3) In this section, “bribery” includes giving, or offering or promising to give, any money, property, reward, service, employment, advantage or other thing of value.

General provisions

18. Certificates of election

The certificate of the Secretary of State under section 8(2) or 10(3) is conclusive evidence of the election of a Member of Parliament, and no writ of summons shall be issued to any Member of Parliament.

19. Forms

The Sovereign may by Order in Council prescribe the form to be observed with respect to any writ, ballot, certificate or other document to be issued, made or used in connection with electoral proceedings.

20. Records and freedom of information

(1) The Secretary of State shall cause the records of the ballots cast in a Parliamentary election to be maintained until the next dissolution of Parliament and then to be destroyed. Those records are exempted under Part VI of the Freedom of Information Act 2008.

(2) No computer code pertaining to any electronic system used or to be used for the conduct of electoral proceedings is so exempted, except that such code is exempted to the extent to which its publication would be likely to prejudice the integrity of the system or the anonymity of ballots or to facilitate the commission of offenses under this Act.

22. Interpretation

In this Act,—

“Clerk of the House” means the Clerk of the House of Commons or, if that office is vacant, such other person as the Sovereign may by Order in Council appoint;

“electoral proceedings” means—

(a) a general or supplementary election; or

(b) the filling of a vacancy in pursuance of a writ issued under section 10(1);

“electoral rules” means the rules made under section 4;

“general election” means a Parliamentary election conducted in pursuance of a writ issued under section 5(1);

“original election”, in relation to a Member of Parliament whose seat has fallen vacant, means the Parliamentary election at which the Member was elected;

“protected information”, in relation to a person, means—

(a) information as to whether, or the manner in which, that person voted at a Parliamentary election; or

(b) that person’s password or other personal information used or to be used under section 4(3)(c);

“qualified elector” means a person entitled to vote at a Parliamentary election under section 1;

“rank”, in relation to a candidate’s position on a ballot, means “1” in the case of the remaining candidate having the highest position, “2” in the case of the remaining candidate having the next highest position, and so forth;

“registered candidate”, in relation to a Parliamentary election, means a person entitled to register as a candidate in that election under section 6 and having done so;

“remaining ballot”, in relation to the counting or re-counting of ballots, means a ballot on which one or more remaining candidates are listed;

“remaining candidate”, in relation to the counting or re-counting of ballots, means a registered candidate who—

(a) is listed on one or more ballots;

(b) has not been elected; and

“remaining qualified candidate”, in relation to the re-counting of ballots, means a remaining candidate who, at the time of the re-counting,—

(a) is not a Member of Parliament; and

(b) is qualified to be a Member of Parliament under section 2(1);

“Secretary of State” means the Secretary of State for Elections or, if that office is vacant, such other person as the Sovereign may by Order in Council appoint; and

“supplementary election” means a Parliamentary election conducted in pursuance of a writ issued under section 5(2).

23. Amendments and repeals

(1) The Representation of the People Act 2009 is repealed.

(4) Section 2 of the House of Commons Resignation Act 2009 is repealed.

24. Commencement and short title

(1) This Act enters into force upon the next dissolution of Parliament after its enactment.

(2) This Act may be cited as the Representation of the People Act 2014.

Schedule A
Disqualifying Offices

Lord Chief Justice or Lord Justice of the High Court
His Majesty’s Ambassador or Envoy to a foreign State
Secretary of State or Under-Secretary of State for Elections
Clerk of the Crown in Chancery
Clerk of the House of Lords or House of Commons
Sergeant-at-Arms of the House of Lords or House of Commons
Commissioner of Police
Governor of the Bank of Æfira

Schedule B
Counting of Ballots

Part I
Counting of ballots at a Parliamentary election

1. Assign each ballot a value of 1.

2. If the number of remaining candidates is equal to the number of Members of Parliament yet to be elected, all remaining candidates are elected. Cease counting.

3. Let the quota equal the greatest integer not greater than—

\frac{S}{N + 1} + 1

where S is the sum of the values of all remaining ballots and N is the number of Members of Parliament yet to be elected.

4. Let each remaining candidate’s total of votes equal the sum of the values of all remaining ballots on which his or her rank is 1.

5. If any one or more remaining candidates’ totals of votes equal or exceed the quota, each of those candidates is elected. Decrease the value of each remaining ballot on which the rank of any of those candidates is 1 by the same proportion which that candidate’s total of votes bears to the quota.

6. Otherwise, for each remaining candidate,—

(a) for each remaining ballot on which he or she is listed, compute the quotient—

\frac{V}{R}

where V is the value of the ballot and R is the candidate’s rank on the ballot; and

(b) compute the sum of those quotients.

7. Exclude the remaining candidate with the least such sum; or, if two or more remaining candidates share the least such sum, exclude one of them selected by lot.

8. Repeat steps 2 through 7 until the requisite number of Members of Parliament is elected.

Part II
Re-counting of ballots for the filling of a vacancy

1. Exclude each registered candidate who—

(a) was elected at the original election; and

(b) has since ceased (whether by death, resignation or disqualification) to be a Member of Parliament.

2. If there is no remaining qualified candidate, no Member of Parliament can be elected.

3. Otherwise, proceed to count the ballots as at a Parliamentary election until one remaining qualified candidate is elected.