Elections Act 2022
Official Summary
A Bill to make provision about the administration and conduct of elections, including provision designed to strengthen the integrity of the electoral process; about overseas electors; about voting and candidacy rights of EU citizens; about the designation of a strategy and policy statement for the Electoral Commission; about the membership of the Speaker's Committee; about the Electoral Commission's functions in relation to criminal proceedings; about financial information to be provided by a political party on applying for registration; for preventing a person being registered as a political party and being a recognised non-party campaigner at the same time; about regulation of expenditure for political purposes; about disqualification of offenders for holding elective offices; about information to be included in electronic campaigning material; and for connected purposes.
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Overview
This bill makes various amendments to the Elections Bill, primarily focusing on clarifying and strengthening regulations surrounding electoral practices, campaign finance, and voter identification. Key changes involve updating rules on undue influence, improving transparency in campaign spending, and providing clearer guidance on voter identification requirements.
Description
Preventing Interference in Postal Voting
Amendments to Clause 7 aim to tighten rules against obtaining or sharing information about how individuals vote by post, while allowing for published statements on voting intentions or election forecasts based on voter information.
Defining and Addressing Undue Influence
Clause 8 clarifies the definition of "undue influence" in elections, broadening its scope and making it a corrupt practice. Exceptions are made for local government elections in Scotland and Wales.
Improving Voter Independence and Guidance
Clause 9 emphasizes the importance of independent voting and mandates the Electoral Commission to provide guidance to returning officers on assisting voters, particularly those needing support, with the Commission required to consult relevant groups before issuing guidance.
Candidate Nomination Papers
A new clause allows candidates to include commonly used names on nomination papers in addition to their legal names, ensuring ballot papers reflect how candidates are widely known.
Home Address on Nomination Papers
Another new clause specifies the level of detail required for candidates' home addresses on nomination papers, requiring the constituency or a relevant local government area.
Campaign Finance Regulations
Amendments to Clauses 18-26 refine regulations surrounding campaign spending, particularly focusing on third-party spending and the definition of "regulated periods", mostly for parliamentary and Northern Ireland Assembly elections, introducing a code of practice for controlled expenditure with consultation and approval procedures.
Scottish Elective Offices
Clauses 30-38 and 51-63 extend certain provisions of the bill to include relevant Scottish elective offices, such as those of Members of the Scottish Parliament and local councillors.
Regulation of Electronic Material
Clauses 40-46 introduce stricter rules around the publication of electronic material during election periods, clarifying the conditions that must be met for the content not to be considered advertising, alongside provisions for a defence against charges relating to republication of previously published material.
Review of the Act
A new clause mandates a review of the Act's operation four years after its passage, with a report to be published and presented to Parliament.
Voter Identification
Schedule 1 and Schedule 6 amendments modify the requirements for voter identification, specifying acceptable forms of identification for both in-person and postal voting.
Government Spending
The bill doesn't directly specify government spending figures. The main financial implications relate to the resources required for the Electoral Commission to develop and implement the new code of practice on campaign finance and provide guidance to returning officers on voter assistance and identification.
Groups Affected
- Candidates: Affected by changes to nomination papers, home address requirements, and campaign finance regulations.
- Political Parties: Subject to revised campaign finance rules, including those relating to third-party spending and the new code of practice.
- Voters: Impacted by updated rules on postal voting, and updated requirements on voter identification.
- Returning Officers: Responsible for implementing the new guidelines on voter assistance and identification, and adhering to the new code of practice.
- Electoral Commission: Tasked with developing and issuing guidance on various aspects of electoral processes, including campaign finance and voter support.
- Third Parties: Subject to stricter regulations on campaign spending during election periods.
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