Commentary on Sections Part 1: Elections Section 9 - Resolutions to exercise the power to change the voting system
53.Section 9 provides that a principal council’s power to change the voting system must be exercised by resolution of the council and in accordance with the remaining provisions of this section.
54.A resolution to change the voting system for the election of councillors of a principal council is not passed unless the number of councillors voting in favour of it is at least two-thirds of the total number of councillor seats on the council, i.e. there is no reduction in the number of affirmative votes required if there are vacant seats on the council at the time of the vote.
55.If the principal council has a directly elected mayor, the mayor will not be entitled to vote on a resolution to change the voting system, by virtue of subsection (2) which restricts voting to elected councillors of the principal council.
56.A resolution to change the voting system for the election of councillors of a principal council must be considered at a meeting convened for that purpose. The meeting must be held after the end of a period of 21 days, beginning with the day on which all councillors are given written notice that the meeting will take place.
57.A valid resolution to exercise the power to change the voting system for the election of councillors of a principal council may only be passed before 15 November of the year that is three years before the next ordinary election of that council.
58.After a principal council has exercised the power to change the voting system for the election of councillors of a principal council, a further resolution to exercise the same power has no effect unless two ordinary elections of the council have been held under the voting system to which it was changed.
59.Where a council has previously voted on a resolution to change the voting system for the election of councillors of a principal council, during the period between two consecutive ordinary elections of the council, any further resolution to change the voting system passed during the same period will have no effect.