States' Assembly & Constitution Committee - P.2023/119
The States are asked to decide:-
Whether, after consideration of the policy letter entitled 'General Election 2025' dated 18th October 2023, they are of the opinion:-
1. To amend Article 45 of the Reform (Guernsey) Law, 1948 ("the Reform Law") to add provisions requiring all candidates and parties to agree to the publishing of their electoral expenditure returns by the States and imposing a duty on the States to publish all expenditure returns.
2. To agree that the Ordinance for the 2025 Election should redefine the regulated period for campaigning as starting 6 weeks prior to the date a candidate nomination can be delivered.
3. To amend Article 41 of the Reform Law to:
a) base the margin required to trigger a recount on the number of votes between an unsuccessful candidate and the lowest polling successful candidate;
b) set the margin required to trigger a recount at 1% of the number of votes received by the lowest ranking successful candidate or 50 votes, whichever is the lower; and
c) afford the Presiding Officer discretion to call for either a manual or electronic count, and to determine the extent of a recount, allowing for the possibility of only recounting manually adjudicated ballots.
4. To amend Part VI of the Reform Law to make provision for a candidate to be able to nominate a representative to be present at a recount in the place of the candidate, including conferring a power on the States Assembly & Constitution Committee to make rules making relevant provision in this regard.
5. To amend the restriction on eligibility to hold the office of People's Deputy at Article 8(e) of the Reform Law so that it only applies to:
a) persons convicted of electoral offences, fraud or corruption in the five years immediately preceding the date of the election; and
b) persons serving a sentence of imprisonment of a year or more or an indefinite period, or who have been so sentenced but are unlawfully at large.
The above Propositions have been submitted to His Majesty's Procureur for advice on any legal or constitutional implications.