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 amends the Elections Bill, primarily focusing on clarifying and strengthening regulations around electoral conduct, including undue influence, the collection of voter information, and campaign spending. It also makes adjustments to candidate nomination procedures and introduces a new code of practice for third-party campaign spending.
Description
The amendments address several key areas:
Voter Information
The bill tightens restrictions on obtaining information about how individuals vote by post, making it illegal to try to find out how someone has voted while they are marking or have just marked their ballot paper. Exceptions are made for published statements on voting intentions or election forecasts based on voter-provided information.
Undue Influence
The definition of "undue influence" as a corrupt practice is clarified and extended to encompass any person, not just electors or proxies. However, this provision does not apply to local government elections in Scotland or Wales.
Independent Voting
The bill reinforces the principle of independent voting by adding clarifications to rules regarding secret ballots. The Electoral Commission is mandated to issue guidance on this, after consultation.
Candidate Nomination
Candidates can now include their commonly used names on nomination papers, in addition to their legal names, for improved clarity.
Home Address on Nomination Papers
The bill specifies the required level of detail for candidates' home addresses on nomination papers, varying based on the location (UK vs. abroad and regions within the UK).
Campaign Spending
The bill makes numerous changes to regulations surrounding campaign finance, particularly focusing on clarifying the treatment of third-party spending, particularly during major elections (parliamentary general elections or Northern Ireland Assembly general elections). A new code of practice is established, subject to parliamentary approval, providing guidance on controlled expenditure. The code will be prepared and revised by the Electoral Commission, after consultation.
Scottish and Welsh Elections
Several amendments explicitly exclude certain provisions from applying to local government elections in Scotland and Wales.
Government Spending
The bill doesn't directly specify new government spending figures. The costs will likely be associated with the Electoral Commission's responsibilities in producing and updating the code of practice on controlled expenditure and any administrative changes required to implement the bill's provisions.
Groups Affected
- Candidates: Affected by changes to nomination procedures and campaign spending limits.
- Political Parties: Subject to revised regulations on campaign finance, particularly concerning third-party spending.
- Voters: The bill strengthens protection regarding the privacy of their votes, particularly for those using postal voting.
- Returning Officers: New responsibilities in relation to independent voting guidance and reporting.
- Electoral Commission: Takes on new responsibilities for guidance and code of practice development and enforcement.
- Third-party campaigners: New responsibilities under the code of practice on controlled expenditure.
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