Change 1 Article Choose an article Title and introductory text 1 Parliamentary electors. 2 Local government electors. 3 Disfranchisement of offenders in prison etc. 3A Disfranchisement of offenders detained in mental hospitals. 4 Entitlement to be registered as parliamentary or local government elector. 5 Residence: general. 6 Residence: merchant seamen. 7 Residence: patients in mental hospitals who are not detained offenders or on remand. 7A Residence: persons remanded in custody etc. 7AA Residence: convicted person to whom section 3(1A) applies 7B Notional residence: declarations of local connection. 7C Effect of declaration of local connection. 8 Registration officers. 9 Registers of electors. 9A Registration officers: duty to take necessary steps 9B Anonymous registration 9C Removal of anonymous entry 9D Maintenance of registers: duty to conduct canvass in Great Britain 9E Maintenance of registers: invitations to register in Great Britain 10 Maintenance of registers: duty to conduct canvass in Northern Ireland. 10ZA Northern Ireland: timing of canvass 10ZB The relevant registration objectives (Northern Ireland) 10ZC Registration of electors in Great Britain 10ZD Registration of electors in Great Britain: alterations 10ZE Removal of electors in Great Britain from register 10ZF Digital registration and canvass in Northern Ireland 10A Maintenance of the registers: registration of electors in Northern Ireland. 10B Register of electors in Northern Ireland: digital registration number 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Publication of registers. 13A Alteration of registers. 13AB Alteration of registers: interim publication dates 13B Alteration of registers: pending elections. 13BA Alteration of registers in Northern Ireland: pending elections 13BB Election falling within canvass period 13BC Alteration of registers: recall petition 13BD Electoral identity document: Great Britain 13BE Anonymous elector’s document: Great Britain 13C Electoral identity card: Northern Ireland 13CZA Provision of false information: application for electoral identity document, anonymous elector’s document or electoral identity card 13CA Scottish local government elections: false information in connection with applications for absent voting 13D Provision of false information 14 Service qualification. 15 Service declaration. 16 Contents of service declaration. 17 Effect of service declaration. 18 Polling districts and places at parliamentary elections. 18A Polling districts at parliamentary elections: Great Britain 18AA Polling districts at parliamentary elections: Northern Ireland 18B Polling places at parliamentary elections 18C Review of polling districts and places: Great Britain 18CA Review of polling places: Northern Ireland 18D Review of polling districts and places: representations to Electoral Commission 18E Sections 18A to 18D: supplemental 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Rules for parliamentary elections. 24 Returning officers: England and Wales. 25 Returning officers: Scotland. 26 Returning officer: Northern Ireland. 27 Returning officers generally. 28 Discharge of returning officer’s functions in England and Wales. 29 Payments by and to returning officer. 29A Inadequate performance of returning officer: reduction of charges 30 Taxation of returning officer’s account. 31 Polling districts and stations at local government elections. 32–34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Returning officers: local elections in England and Wales. 36 Local elections in England .... 36A Rules for local elections in Wales 36B Combination of local elections in Wales 36C Expenditure by returning officers at local elections in Wales 37 Ordinary day of local elections in England ... 37ZA Ordinary day of local elections in Wales 37A Power to change date of local elections to date of European Parliamentary general election: England 37B Power to change date of local elections to date of European Parliamentary general election: Wales 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Local elections void etc. in England and Wales. 40 Timing as to local elections in England and Wales. 41 Returning officers: local elections in Scotland. 42 Local elections in Scotland. 43 Day of ordinary local elections in Scotland, and other timing provisions. 43A Power of convener of Electoral Management Board to postpone election 43B Power of returning officers to postpone election for their area 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Non-election of local authority etc. in Scotland. 46 Further provision as to local election voting in England. 46A Further provision as to local election voting in Wales 47 Loan of equipment for local elections. 48 Validity of local elections, and legal costs. 49 Effect of registers. 50 Effect of misdescription. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Discharge of registration duties. 53 Power to make regulations as to registration etc. 54 Payment of expenses of registration. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Registration appeals: England and Wales. 57 Registration appeals: Scotland. 58 Registration appeals: Northern Ireland. 59 Supplemental provisions as to members of forces and service voters. 59A Reports on voter identification requirements in Great Britain 60 Personation. 61 Other voting offences. 62 Offences as to declarations. 62A Offences relating to applications for postal and proxy votes 62B Scottish local government elections: offences relating to applications for postal and proxy votes 62C Influencing voters at polling booths 63 Breach of official duty. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Tampering with nomination papers, ballot papers, etc. 65A False statements in nomination papers etc. 65B Scottish local government elections: false information in nomination papers etc. 66 Requirement of secrecy. 66A Prohibition on publication of exit polls. 66B Failure to comply with conditions relating to supply etc. of certain documents 67 Appointment of election agent 68 Nomination of sub-agent at parliamentary or Authority elections. 69 Office of election agent and sub-agent. 70 Effect of default in election agent’s appointment. 70A Application of s.70 in relation to election of London members of the London Assembly. 71 Elections where election agent not required. 71A Control of donations to candidates. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Payment of expenses through election agent. 74 Expenses which may be paid otherwise than by election agent. 74A Expenses incurred otherwise than for election purposes. 75 Prohibition of expenses not authorised by election agent. 75ZA Return of permitted expenditure: power to require return 75ZB Return of permitted expenditure: compliance and sanctions 75A Scottish local government elections: prohibition of expenses not authorised by election agent 76 Limitation of election expenses. 76ZA Limitation of pre-candidacy election expenses for certain general elections 76A Power to vary provisions about election expenses. 77 Expenses limit for joint candidates at local election. 78 Time for sending in and paying claims. 79 Disputed claims. 80 Election agent’s claim. 81 Return as to election expenses. 82 Declarations as to election expenses. 83 Where no return and declarations needed at parliamentary elections. 84 Penalty for failure as respects return or declarations. 85 Penalty for sitting or voting where no return and declarations transmitted. 85A Disqualification where no return and declarations transmitted after election of Mayor of London. 86 Authorised excuses for failures as to return and declarations. 87 Court’s power to require information from election agent or sub-agent. 87A Duty of appropriate officer to forward returns and declarations to Electoral Commission. 87B Scottish local government elections: duty of appropriate officer to forward returns and declarations to Electoral Commission 88 Publication of time and place for inspection of returns and declarations. 88A Scottish local government elections: Publication of time and place for inspection of returns and declarations 89 Inspection of returns and declarations. 90 Election expenses at elections where election agent not required. 90ZA Meaning of “election expenses” 90A Meaning of “election expenses”. 90B Incurring of election expenses for purposes of section 90A. 90ZB Scottish local government elections: meaning of “election expenses” 90C Property, goods, services etc. provided free of charge or at a discount. 90D Modification of sections 90ZA and 90C in relation to election of London members of the London Assembly. 91 Candidate’s right to send election address post free. 92 Broadcasting from outside United Kingdom. 93 Broadcasting of local items during election period. 94 Imitation poll cards. 95 Schools and rooms for parliamentary election meetings. 96 Schools and rooms for local election meetings. 97 Disturbances at election meetings. 98 Premises not affected for rates. 99 Officials not to act for candidates. 100 Illegal canvassing by police officers. 101 No hiring of vehicles to convey voters. 102 No payments for conveyance of voters. 103 Provisions supplemental to ss. 101 and 102. 104 “Carriage” in ss. 101 to 103. 105 Access to polling place by sea. 106 False statements as to candidates. 107 Corrupt withdrawal from candidature. 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Payments for exhibition of election notices. 110 Details to appear on election publications. 110A Scottish local government elections: details to appear on election publications 111 Prohibition of paid canvassers. 112 Providing money for illegal purposes. 112A Handling of postal voting documents by political campaigners 113 Bribery. 114 Treating. 114A Undue influence 115 Undue influence : local government elections in Scotland .... 116 Rights of creditors. 117 Savings as to parliamentary elections. 118 Interpretation of Part II. 118A Meaning of candidate. 119 Computation of time for purposes of Part II. 120 Method of questioning parliamentary election. 121 Presentation and service of parliamentary election petition. 122 Time for presentation or amendment of parliamentary election petition. 123 Constitution of election court and place of trial. 124 Judges’ expenses and reception: England and Wales and Northern Ireland. 125 Judges’ expenses and reception: Scotland. 126 Attendance of House of Commons shorthand writer. 127 Method of questioning local election. 128 Presentation of petition questioning local election. 129 Time for presentation or amendment of petition questioning local election. 130 Election court for local election in England and Wales, and place of trial. 131 Accommodation of and attendance on court. 132 Remuneration and allowances. 133 Repayments under ss. 131 and 132. 134 Election court for local election in Scotland, and place of trial. 135 Consequences of local election declared void. 135A Consequences of election or return of London members being declared void. 136 Security for costs. 137 Petition at issue. 138 List of petitions. 139 Trial of petition. 140 Witnesses. 141 Duty to answer relevant questions. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Expenses of witnesses. 144 Conclusion of trial of parliamentary election petition. 145 Conclusion of trial of local election petition. 145A Determination in respect of election of Mayor of London or constituency member of London Assembly. 146 Special case for determination of High Court. 147 Withdrawal of petition. 148 Evidence required for withdrawal of petition. 149 Penalty for corrupt withdrawal and breach of s. 148. 150 Substitution of new petitioner. 151 Report on withdrawal. 152 Abatement of petition. 153 Withdrawal and substitution of respondents before trial. 154 Costs of petition. 155 Neglect or refusal to pay costs. 156 Further provision as to costs. 157 Appeals and jurisdiction. 158 Report as to candidate guilty of a corrupt or illegal practice. 159 Candidate reported guilty of corrupt or illegal practice. 160 Persons reported personally guilty of corrupt or illegal practices. 161 Justice of the Peace. 162 Member of legal and certain other professions. 163 Holder of licence or certificate under Licensing Acts. 164 Avoidance of election for general corruption etc. 165 Avoidance of election for employing corrupt agent. 166 Votes to be struck off for corrupt or illegal practices. 167 Application for relief. 168 Prosecutions for corrupt practices. 169 Prosecutions for illegal practices. 170 Conviction of illegal practice on charge of corrupt practice etc. 171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Incapacities on conviction of corrupt or illegal practice. 173A Incapacity to hold public or judicial office in Scotland. 174 Mitigation and remission etc. 175 Illegal payments etc. 176 Time limit for prosecutions. 177 Local election offence punishable summarily. 178 Prosecution of offences committed outside the United Kingdom. 179 Offences by associations. 180 Evidence by certificate of holding of elections. 180A Evidence by certificate of electoral registration. 181 Director of Public Prosecutions. 182 Rules of procedure. 183 Costs. 184 Service of notices. 185 Interpretation of Part III. 186 Computation of time for purposes of Part III. 187 Application of Act to certain local elections. 188 Parts II and III as to local elections in Scotland. 189 Voting offences at certain local elections. 189A Extension of references to elections under the local government Act. 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Municipal elections in the City. 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Personation and other voting offences. 194 Broadcasting. 195 Disturbances at meetings. 196 Costs or expenses. 197 Candidate’s expenses: ward, and liverymen in common hall, elections. 198 Effect of avoidance of election to corporate office. 199ZA Functions of the Minister for the Cabinet Office 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199A Functions of the Lord Chancellor 199B Translations etc of certain documents 199C Scottish local government elections: translations etc. of certain documents 200 Public notices, and declarations. 200A Remuneration for free postal services provided under Act. 201 Regulations. 202 General provisions as to interpretation. 203 Local government provisions as to England and Wales. 203A Meaning of “qualifying EU citizen” 203B Meaning of “EU citizen with retained rights” 204 General application to Scotland. 205 General application to Northern Ireland. 206 Transitional and saving provisions, amendments and repeals. 207 Citation and commencement. SCHEDULE ZA1 Civil penalties under section 9E SCHEDULE A1 Review of polling districts and polling places SCHEDULE 1 SCHEDULE 2 Provisions Which May be Contained in Regulations as to Registration Etc. Schedule 2A Control of Donations to Candidates SCHEDULE 3 Return and Declarations as to Election Expenses SCHEDULE 4 Election Expenses at Certain Local Elections in England and Wales SCHEDULE 4A Election expenses SCHEDULE 4B Scottish local government elections: election expenses SCHEDULE 5 Use for Parliamentary Election Meetings of Rooms in School Premises and of Meeting Rooms SCHEDULE 6 Ward Elections in the City Schedule 6A List of countries for purposes of section 203A SCHEDULE 7 Transitional and Saving Provisions, and Interpretation of other Acts SCHEDULE 8 Consequential Amendments Acts SCHEDULE 9 Repeals and Revocations
What to do with it
As published
174 Mitigation and remission etc.
(1) Where—
(a) any person is subject to any incapacity by virtue of the report of an election court, and
(b) he or some other person in respect of whose acts the incapacity was imposed is on a prosecution acquitted of any of the matters in respect of which the incapacity was imposed,
the court may order that the incapacity shall thenceforth cease so far as it is imposed in respect of those matters.
(2) Where any person who is subject to any incapacity as mentioned above is on a prosecution convicted of any such matters as are mentioned above, no further incapacity shall be taken to be imposed by reason of the conviction, and the court shall have the like power (if any) to mitigate or remit for the future the incapacity so far as it is imposed by section 160 above in respect of the matters of which he is convicted, as if the incapacity had been imposed by reason of the conviction.
(3) A court exercising any of the powers conferred by subsections (1) and (2) above shall make an order declaring how far, if at all, the incapacities imposed by virtue of the relevant report remain unaffected by the exercise of that power, and that order shall be conclusive for all purposes.
(4) Where a person convicted of a corrupt or illegal practice is subsequently reported to have been guilty of that practice by an election court, no further incapacity shall be imposed on him under section 160 by reason of the report.
(5) Where any person is subject to any incapacity by virtue of a conviction or of the report of an election court, and any witness who gave evidence against that person upon the proceeding for the conviction or report is convicted of perjury in respect of that evidence, the incapacitated person may apply to the High Court, and the court, if satisfied that the conviction or report so far as respects that person was based upon perjury, may order that the incapacity shall thenceforth cease.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your wording
Your change, as a redline
174 Mitigation and remission etc.
(1) Where—
(a) any person is subject to any incapacity by virtue of the report of an election court, and
(b) he or some other person in respect of whose acts the incapacity was imposed is on a prosecution acquitted of any of the matters in respect of which the incapacity was imposed,
the court may order that the incapacity shall thenceforth cease so far as it is imposed in respect of those matters.
(2) Where any person who is subject to any incapacity as mentioned above is on a prosecution convicted of any such matters as are mentioned above, no further incapacity shall be taken to be imposed by reason of the conviction, and the court shall have the like power (if any) to mitigate or remit for the future the incapacity so far as it is imposed by section 160 above in respect of the matters of which he is convicted, as if the incapacity had been imposed by reason of the conviction.
(3) A court exercising any of the powers conferred by subsections (1) and (2) above shall make an order declaring how far, if at all, the incapacities imposed by virtue of the relevant report remain unaffected by the exercise of that power, and that order shall be conclusive for all purposes.
(4) Where a person convicted of a corrupt or illegal practice is subsequently reported to have been guilty of that practice by an election court, no further incapacity shall be imposed on him under section 160 by reason of the report.
(5) Where any person is subject to any incapacity by virtue of a conviction or of the report of an election court, and any witness who gave evidence against that person upon the proceeding for the conviction or report is convicted of perjury in respect of that evidence, the incapacitated person may apply to the High Court, and the court, if satisfied that the conviction or report so far as respects that person was based upon perjury, may order that the incapacity shall thenceforth cease.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.