Commentary on Sections Part 1: Voting system for parliamentary elections Section 9: The alternative vote system: amendments
38.Subsections (1) and (2) insert two new rules into the Parliamentary Elections Rules contained in Schedule 1 to the 1983 Act, which set out the key practical implications of the alternative vote system: how votes would be given (new rule 37A) and how they would be counted and the winning candidate determined (new rule 45A). Subsection (2) also inserts new rule 45B which stipulates the information to be given after each stage of counting.
39.Under new rule 37A (inserted by subsection (1)), voters mark candidates on the ballot paper in order of preference, using 1, 2, 3 etc. Voters may mark as many preferences as they wish, up to the number of candidates standing in the constituency at the election.
40.Subsection (2) inserts a new rule 45A which sets out how votes are to be counted under the alternative vote system. The key principle (contained in new rule 45A(1)) is that votes should be counted to give effect to the preference or preferences that voters express when marking their ballot paper. The candidate who is elected is determined by allocating votes in line with those preferences. It may be necessary for more than one stage of counting to take place for this to happen. The remainder of new rule 45A describes the circumstances in which more than round may be needed and what is to happen during each round.
41.Paragraph (2) of the new rule provides that if after the counting of voters’ first preferences, any candidate has more votes than the other candidates put together (ie more than 50% of the votes) then that candidate is elected.
42.Under paragraph (3) if no candidate has more than 50% of the votes at this stage, then there would be a further round of counting. The candidate with fewest votes is eliminated. If voters who chose that candidate as their first preference also expressed other preferences each vote originally allocated to the eliminated candidate is reallocated to the candidate remaining in the count that the voter ranked highest. Where a ballot paper does not express any further preferences, or the preferences relate to candidates who have already been eliminated, the ballot paper plays no further part in the counting. If a candidate has more than 50% of the votes left in the count once this reallocation of votes has taken place, the candidate is elected. If not, then a further round of counting will take place and the candidate now with fewest votes is eliminated and their votes reallocated. This process continues until one candidate has more than 50% of the votes left in the count and is elected.
43.New rule 45B (also inserted by subsection (2)) requires the returning officer to make publicly available a record of all the information listed in that rule at the end of each counting stage (except the final stage, at which the candidate is elected and the result is declared under rule 50) so that candidates and their agents and other persons at the count are aware of the state of play at the end of each counting stage.
44.Subsection (4) gives the Lord President of the Council and the Secretary of State an order-making power to make amendments to primary or secondary legislation that are consequential on amendments made by this section or Schedule 10. An order made under this subsection would be subject to the affirmative resolution procedure. Before making an order, subsection (8) requires the Lord President of the Council or Secretary of State to consult the Electoral Commission.