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Proposition

Draft Elections (Senators) (Jersey) Amendment Law 202-

Published on: 7 July 2025

Lodged by: Privileges and Procedures Committee

Debate date: 9 September 2025

Reference: P.56/2025

This content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.

STATES OF JERSEY

DRAFT ELECTIONS (SENATORS) (JERSEY) AMENDMENT LAW 202-

Lodged au Greffe on 7th July 2025

by the Privileges and Procedures Committee Earliest date for debate: 9th September 2025

STATES GREFFE

2025  P.56/2025

DRAFT ELECTIONS (SENATORS) (JERSEY) AMENDMENT LAW 202-

European Convention on Human Rights

In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000, the Vice Chair of the Privileges and Procedures Committee has made the following statement –

In the view of the Vice Chair of the Privileges and Procedures Committee, the provisions of the Draft Elections (Senators) (Jersey) Amendment Law 202- are compatible with the Convention Rights.

Signed:   Deputy C.S. Alves of St. Helier Central

Vice Chair, Privileges and Procedures Committee Dated:  7th July 2025

REPORT

Following on from the Assembly's decision in March 2025 to adopt P.2/2025 Re-instatement of Senators', the Privileges and Procedures Committee (PPC) has worked at speed to bring forward the attached legislation so that it can be debated and in force in time for the 2026 elections.

As sweeping changes were made to the Elections (Jersey) Law 2002 in 2021, it was not simply a case  of  inserting  the  word  Senator'  into  the  existing  Law  anywhere  that  Deputies  and Connétable s were mentioned. The drafting process has been quite complex, as can be seen by the length of the draft Law. Reverse engineering the legislation and reinstating Senators was harder than removing them, but the Committee is indebted to the Legislative Drafter for her diligence and thorough approach to the work involved which has been undertaken at great pace to meet expectations of an early Autumn debate.

The Draft contains much detail which is absolutely essential to ensure the revised constitution of the Assembly hangs together effectively. PPC therefore urges Members to exercise caution should they choose to submit amendments and to bear in mind that many of the Articles are intrinsic to the practical application of the Law.

A short set of supplementary Regulations will be lodged in due course to align the different strands once all of the primary legislation adopted by the Assembly in relation to the Draft Elections (Electoral Registers) (Jersey) Amendment Law 202- (P.27/2025) and Draft Elections (Jersey) Amendment Law 202- (P.28/2025) has been registered in the Royal Court.

Financial and staffing implications

The reinstatement of Senators will increase the administrative costs of the election, as there will need to be a third ballot paper produced and additional hustings events. However, there will be no overall increase in the membership of the Assembly.

Human Rights Notes

The notes on the human rights aspects of the draft Law in the Appendix have been prepared by the Law Officers' Department and are included for the information of States Members. They are not, and should not be taken as, legal advice.

Children's Rights Impact Assessment

A Children's Rights Impact Assessment (CRIA) has been prepared in relation to this proposition and is available to read on the States Assembly website.

APPENDIX TO REPORT Human Rights Notes on the Draft Elections (Senators) (Jersey) Amendment Law 202-

These Notes have been prepared in respect of the Draft Elections (Senators) (Jersey) Amendment Law 202- (the "draft Law") by the Law Officers' Department. They summarise the principal human rights issues arising from the contents of the draft Law and explain why, in the Law Officers' opinion, the draft Law is compatible with the European Convention on Human Rights "ECHR").

These notes are included for the information of States Members. They are not, and should not be taken as, legal advice.

Article 3 of the First Protocol to the ECHR ("A3P1") relates to the right to free elections.

A3P1 provides that: "The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature".

The features of A3P1 are thus that there must be a free election by secret ballot and that elections must be held at reasonable intervals.

Within these parameters, each jurisdiction has a broad margin of appreciation in the organisation of elections to its legislature.

The European Court of Human Rights has established that A3P1 also implies individual rights, comprising the right to vote and the right to stand for election. The draft Law does not alter a person's eligibility to be an elector in Jersey or to stand for electoral office, albeit that the available offices will be different (as they will include nine people to be elected to the office of Senator, though there will be nine fewer Deputies). The secret ballot is retained.

The amendments to be brought about by the draft Law would allow each elector more votes by voting for nine candidates for Senator (albeit through voting for one fewer candidate for Deputy ) by which the elector could be said to have a greater possibility of affecting the overall composition of the States Assembly. The draft Law will, therefore, comply with Jersey's obligations under A3P1.

The provision made in the draft Law for each ordinary election for Senators and Deputies to be held in the fourth calendar year following that in which the previous election was held is a reasonable interval for the purposes of A3P1.

EXPLANATORY NOTE

The draft Elections (Senators) (Jersey) Amendment Law 202- ("this Law") would, if adopted, alter the constitution of the States Assembly to include 9 Senators as Island-wide representatives, and make a corresponding reduction in the number of Deputies (resulting in a total of 28 Deputies), with effect from 7 June 2026. The Deputies' constituencies would remain the same, but the number of Deputies representing each constituency would be reduced by 1 in each case. This Law would amend the States of Jersey Law 2005 (the "SoJ Law") and the Elections (Jersey) Law 2002 (the "Elections Law") to provide for this, and would make related changes to those Laws and to other legislation.

Part 1 (Articles 1 to 22): SoJ Law amended

Article 1 provides that Part 1 amends the SoJ Law.

Article 2 amends the definition of "elected member" to include a reference to a Senator.

Article 3 amends Article 2 of the SoJ Law, which provides for the membership of the States Assembly. The amendment inserts an entry in the list of members for 9 Senators and reduces the number of Deputies from 37 to 28. This amendment comes into force on 7 June 2026, the day that has already been fixed under the SoJ Law for the next ordinary election of Deputies and would, through Article 9 of this Law, be fixed for the next ordinary election of Senators under new Article 6B of the SoJ Law.

Article 4 substitutes the heading to Part 2A of the SoJ Law to include a reference to Senators.

Article 5 inserts Articles 3A to 3C (and a new Division 1 heading) at the beginning of Part 2A of the SoJ Law. Article 3A provides that the 12 parishes of Jersey together are the constituency for Senators. Article 3B provides for the Deputies' constituencies to be those specified in Schedule 1 to the SoJ Law (the current Schedule 1 is substituted by Article 21 of this Law). Article 3B also provides that the States may by Regulations amend Schedule 1 (but the total number of Deputies must remain 28). Article 3C makes transitional provision for 2026, providing that the substitution of Schedule 1 by this Law does not affect the term of office of a current Deputy .

Article 6 deletes the current provision about Deputies' constituencies.

Article 7 deletes the current provision about term of office of Deputies (equivalent provision is included in new Article 6E of the SoJ Law, inserted by Article 11 of this Law). This amendment comes into force on 7 June 2026.

Article 8 amends Article 6 of the SoJ Law. The date for the next ordinary election for Deputies has been appointed by an Act of the States (the Elections (Appointed Day) (Jersey) Act 2025) made under Article 6. The amendment provides that Article 6 will cease to have effect at the end of 2026, and in future the date for ordinary elections of both Senators and Deputies may be appointed by Act under new Article 6C of the SoJ Law (inserted by Article 10 of this Law).

Article 9 inserts new Article 6B in the SoJ Law, which provides that an ordinary election for Senators will be held on 7 June 2026, which is the date that has already been appointed for the next ordinary election for Deputies (see notes on Article 8 of this Law).

Article 10 inserts new Article 6C in the SoJ Law. This new Article provides that an ordinary election for Senators and Deputies is to be held in 2030, and in every fourth calendar year after that (an "election year"). It provides that the States may by Act appoint the date of the election in 2030 and in subsequent election years.

Article 11 inserts new Division 2 in Part 2A of the SoJ Law, containing provisions about holding office as a Senator or Deputy . New Article 6D re-enacts Article 11 of the SoJ Law, with modifications, to provide for the oath of office to be taken by Senators and Deputies to be in the form specified in Schedule 2, Part 1 (amended by Article 22 of this Law). New Article 6E makes provision about the term of office for Senators and Deputies, re-enacting the provision currently contained in Article 5 of the SoJ Law for Deputies (deleted by Article 7 of this Law) and making equivalent provision for Senators. New Articles 6F and 6G make provision about the resignation of a Senator or Deputy and casual vacancies in those offices, re-enacting provision currently contained in Articles 12 and 13 of the SoJ Law in relation to Deputies (deleted by Article 16 of this Law) and making equivalent provision for Senators. This amendment comes into force on 7 June 2026.

Article 12 inserts a new Division 3 heading in Part 2A of the SoJ Law.

Articles 13 to 15 make consequential amendments to Articles 7 to 9 of the SoJ Law, which make provision about qualification for election, disqualification for office and the declaration to be made when nominated as a candidate for election. The amendments have the effect of applying the current provisions in relation to the office of Deputy to the reinstated office of Senator.

Article 16 deletes Article 11 to 13 of the SoJ Law, which are re-enacted, with modifications, by inserted Articles 6D, 6F and 6G (see the notes on Article 11 of this Law). This amendment comes into force on 7 June 2026.

Article 17 amends Article 19 of the SoJ Law. Article 19 provides for the States to select an elected member for appointment as Chief Minister (in accordance with the Standing Orders) following certain events, 1 of which is the ordinary election for Deputies. The amendment replaces the reference to an ordinary election for Deputies with a reference to an ordinary election for Senators, Deputies or Connétable s and makes a related consequential amendment.  

Article 18 amends Article 21(2) of the SoJ Law, which currently provides that the Chief Minister ceases to hold office on ceasing to be a Deputy as a result of disqualification under the Law. This amendment provides that the person holding office as Chief Minister ceases to hold that office if they cease to hold office as Senator, Deputy or Connétable as a result of disqualification.

Article 19 makes a consequential amendment to Article 44A of the SoJ Law, which makes provision in connection with the remuneration of elected members of the States Assembly. This amendment commences at the beginning of the 2030 election year.

Article 20 amends Article 50 of the SoJ Law to insert provision for the States, by Regulations, to make further provision (of a consequential or other minor nature) in connection with this Law or an Act under Article 6(3) of the SoJ Law (appointing the date of the 2026 ordinary election for Deputies). The power to make Regulations under this provision must not be exercised after the end of 2026 (and further changes to the SoJ Law for the purposes of future elections would be made in the normal way).

Article 21 substitutes Schedule 1 to the SoJ Law, reducing the number of Deputies for each constituency by 1 (resulting in a total reduction of 9 Deputies, leaving a total of 28 Deputies as States Members).

Article 22 makes consequential amendments to Schedule 2 to the SoJ Law, providing for the oath to be taken by Senators on taking office to be substantively the same as the oath currently taken by Deputies on taking office. See also the notes on Article 11.

Part 2 (Articles 23 to 58): Elections Law amended Article 23 provides that Part 2 amends the Elections Law.

Article 24 amends existing definitions, and inserts new defined terms, in Article 1 of the Elections Law. These changes are consequential on other amendments made by this Law.

Article 25 amends Article 1A of the Elections Law, to provide that the electoral districts (for the purposes of preparing electoral registers and the administration of elections generally) are the same for Senators as for Deputies and Connétable s.

Article 26 amends Article 2 of the Elections Law to provide that a person is entitled to vote in an election for the office of Senator if the person's name is included in an electoral register, or a supplementary register, in force for the election (for any electoral district in Jersey). It also re- enacts, with drafting changes to bring it in line with the new provision for Senators, the provision about entitlement to vote in an election for the office of Deputy .

Article 27 makes consequential amendments to Article 9A of the Elections Law, which provides for the preparation of supplementary electoral registers. The effect of the amendment is that the provision will apply in relation to an election for the office of Senator as it applies in relation to an election for the office of Deputy or Connétable . Article 27(4) makes a minor amendment for the purposes of clarification of the circumstances in which a person's name is to be included in the supplementary register (matching the new Article 9A to be substituted by Article 9 of the draft Elections (Electoral Registers) (Jersey) Amendment Law 202- (P.27/2025), adopted on 24 June 2025).

Article 28 amends Article 13B of the Elections Law, which provides for the Jersey Electoral Authority (the "JEA") to prepare reports on elections. The amendments are consequential on changes made by other provisions of this Part, substituting references to the Articles under which public elections will be held after the 2026 ordinary elections.

Article 29 inserts new Article 13BA in the Elections Law, which preserves the effect of the current Article 13B for the ordinary election for Deputies to be held in 2026 and makes equivalent provision requiring the JEA to also report on the ordinary election for Senators in 2026. This is a transitional provision which ceases to have effect at the end of 2026.

Article 30 amends Article 15 of the Elections Law, which makes provision about meeting the costs incurred for the purposes of elections. The amendments are consequential on changes made by other provisions of this Part, substituting references to the Articles under which public elections will be held after the 2026 ordinary elections.

Article 31 inserts new Article 15A in the Elections Law, which preserves the effect of the current Article 15(3)(b) for the ordinary election for Deputies to be held in 2026 and makes equivalent provision for the ordinary election for Senators to be held in 2026. This is a transitional provision which ceases to have effect at the end of 2026.

Article 32 amends Article 17 of the Elections Law, which provides for the Royal Court to make an order for the holding of a public election. The amendments made by Article 32(2) and (3) are consequential on changes made by other provisions of this Part, substituting references to the Articles under which public elections will be held after the 2026 ordinary elections. The amendment made by Article 32(4) requires the Royal Court to designate 1 Autorisé in each parish as the principal Autorisé for that parish in relation to an election for the office of Senator.

Article 33 inserts a new Article 17AA in the Elections Law, which preserves the effect of the current Article 17 for the ordinary election for Deputies to be held in 2026 and makes equivalent provision for the ordinary election for Senators to be held in 2026. This is a transitional provision which ceases to have effect at the end of 2026.

Article 34 substitutes the heading to Part 4A of the Elections Law to include a reference to Senators.

Article 35 amends Article 17B, which provides that Part 4A applies to public elections. The amendments are consequential on changes made by other provisions of this Part, substituting references to the Articles under which public elections will be held after the 2026 ordinary elections.

Article 36 inserts new Article 17BA in the Elections Law, which preserves the effect of the current Article 17B for the ordinary election for Deputies to be held in 2026 and makes equivalent provision for the ordinary election for Senators to be held in 2026. This is a transitional provision which ceases to have effect at the end of 2026.

Article 37 amends Article 17D, which makes provision about nomination forms. The amendment includes provision limiting the requirement to state the constituency to which the nomination relates to prospective candidates for the office of Deputy or Connétable (because there is a single Island-wide constituency for the office of Senator).

Article 38 amends Article 17E of the Elections Law, which provides for the subscription of a nomination form. Currently, a proposer or seconder must be entitled to vote in the election for the office and the constituency to which the nomination form relates. The amendment limits the element of the test relating to the constituency to nominations for the office of Deputy or Connétable (because there is a single Island-wide constituency for the office of Senator). Article 38(3) inserts a new requirement for the proposer and seconders to give a written statement of their name and address. This links to the new provision inserted in Article 17G (see the notes on Article 39 of this Law).

Article 39 amends Article 17G of the Elections law, which makes provision about the validation of nomination forms. The amendments have the effect of requiring the JEA, for the purposes of verifying the form, to give a copy of a nomination form for the office of Senator to the electoral administrator for each parish in which a proposer or seconder's address is located (and, accordingly, the JEA is not necessarily required to give a copy of the form to the electoral administrator for each of the 12 parishes for verification). The new requirement in Article 17E of the Elections Law for proposers and seconders to give a written statement of their name and address (see the notes on Article 38 of this Law) has been included for the purposes of this verification provision.

Articles 40 and 41 amend Articles 17H and 17I, which make provision about the announcement of candidates standing for election and for the extension of the nomination period if there are more vacancies than candidates. In both cases, the amendments limit the references to a particular constituency to elections for the office of Deputy or Connétable (because there is a single Island- wide constituency for the office of Senator).

Article 42 inserts new Article 17IB in the Elections Law to make provision about hustings. The new Article applies in relation to an election for the office of Senator. It requires the JEA to arrange a meeting, in each parish, at which people nominated as candidates for the election may address members of the public. The new Article makes provision about the period within which each meeting must be held. It also requires the JEA to determine the date and location of each meeting, and to take steps to bring those details to the attention of the public, during the nomination period in relation to the election. This provision is equivalent to the new provision about hustings in relation to elections for the office of Deputy or Connétable , provided for (as inserted Article 17IA) in Article 7 of the draft Elections (Jersey) Amendment Law 202- (P.28/2025), adopted on 25 June 2025.

Article 43 amends Article 22 of the Elections Law, which makes provision about the announcement of the poll for an election. New paragraph (1AA) provides that if there is at least 1 candidate for the office of Senator, a poll is to be held.  Article 43 includes other minor amendments to Article 22, including an amendment to take account of the fact that there is a single constituency for Senator elections.

Article 44 amends Article 23 of the Elections Law. Under the current provision, if a candidate for election dies or is disqualified, each electoral administrator for the constituency is required to notify the Royal Court of the death or disqualification. The effect of the amendments is that, in relation to an election for the office of Senator, the obligation to report the death or disqualification falls on the JEA (instead of on each of the 12 electoral administrators for the parishes in Jersey). Article 44 includes other minor amendments to Article 23.

Article 45 makes minor and consequential amendments to Article 24 of the Elections Law, which makes provision about ballot papers.

Article 46 amends Article 26A of the Elections Law, which makes provision about candidate information documents. The substituted paragraph (1) requires the JEA to prepare a document containing the information listed in new paragraph (1B) in relation to each candidate standing at an election for the office of Senator, and to arrange for copies of the document to be distributed to each polling station in Jersey. Article 46 also re-enacts, with modifications, the provision about candidate information documents for other public elections and makes further consequential amendments.

Articles 47 and 48 make minor amendments to Articles 37 and 46A of the Elections Law.

Article 49 amends Article 47 of the Elections Law, which makes provision about counting stations. The amendments insert a new provision requiring each principal Autorisé for a parish to designate 1 or more polling stations in the electoral districts in the parish as locations for the count of votes cast in an election for the office of Senator. Before making a designation, the principal Autorisé must consult the electoral administrator for the parish. Article 49 also makes other minor and consequential amendments to Article 47.

Article 50 inserts a new Article 52 in the Elections Law, making provision about the count and results in an election for the office of Senator. The content is broadly similar to the provision contained in the Elections Law before the removal of the office of Senator in 2022.

Article 51 substitutes Article 52A of the Elections Law, re-enacting the current provisions about the count and result in an election for the office of Deputy or Connétable , and in parish elections, with modifications for consistency with the new Article 52 providing for Senator elections.

Article 52 amends Article 52AA of the Elections Law, which makes provision about requests for a recount in an election. Under Article 52AA(1) of the current Elections Law, a recount may be requested by or on behalf of an unsuccessful candidate in an election if the difference between the number of votes cast for the unsuccessful candidate and the number of votes cast for the person elected (or the person with the lowest number of votes if more than 1 is elected) is 1% or less of the total number of votes cast in the election. Article 52AA(1AA), inserted by Article 52 of this Law, provides that a recount may also be requested by or on behalf of an unsuccessful candidate in an election for the office of Senator if that difference is 1% or less of the number of votes cast for the person elected (or the person with the lowest number of votes if more than 1 is elected). Article 52AA(3), inserted by Article 52 of this Law, provides that a recount in an election for the office of Senator must be conducted by the Judicial Greffier in accordance with Article 52B of the Elections Law (inserted by Article 53 of this Law). This Article also makes further minor and consequential amendments to Article 52AA.

Article 53 inserts a new Article 52B in the Elections Law, making provision about recounts in Senator elections, if a request for a recount is made under Article 52AA of the Elections Law. New Article 52B provides that the Judicial Greffier may engage assistance in conducting a recount. An Autorisé appointed for an electoral district, and their Adjoints, must comply with a request for assistance in conducting a recount in that electoral district. New Article 52B(4) authorises the Judicial Greffier to open the packages containing the used ballot papers and counterfoils, and new Article 52B(5) requires the Judicial Greffier to announce the result of the recount.

Article 54 amends Article 52C of the Elections Law in consequence of the amendments made to Article 52AA by Article 52 of this Law, and makes other minor amendments.

Article 55 amends Article 53 of the Elections Law, which makes provision about the completion of a return for an election, modifying the application of those provisions in relation to elections for the office of Senator.

Articles 56 and 57 amend Articles 55 and 61 of the Elections Law, which make provision about the secrecy of used ballot papers and declarations of a vacancy or that an election is void, in consequence of amendments made by other provisions of this Law.

Article 58 inserts a new Article 72B in the Elections Law, providing that the States may by Regulations make further provision (of a consequential or other minor nature) in connection with this Law or an Act under Article 6(3) of the SoJ Law (appointing the date of the 2026 ordinary election for Deputies). The power to make Regulations may not be exercised after the end of 2026 (and further changes to the Elections Law for the purposes of future elections would be made in the normal way).

Part 3 (Articles 59 to 64): Other legislation amended

Article 59  makes consequential amendments to the Political Parties (Registration) (Jersey) Law 2008.

Article 60 amends the Public Elections (Expenditure and Donations) (Jersey) Law 2014. The amendments provide for the limit on the election expenses (as defined in that Law) of a candidate for the office of Senator to be the total of £4,416 and 13 pence for each person entitled to vote in the election. It also provides for the limit on the election expenses of a candidate for the office of Deputy or Connétable to be the total of £2,517 (increased from the current figure of £2,050) and 13 pence for each person entitled to vote in the election.

Articles 61 to 64 make consequential amendments to the Judicial and Legislative Functions (Separation) (Jersey) Law 1951, the Employment of States of Jersey Employees (Jersey) Law 2005, the Matrimonial Causes Rules 2005 and the Civil Partners Causes Rules 2012.

Part 4 (Article 65): Citation and commencement

Article 65 gives the title of this Law and makes provision about commencement.

Article 65(3) lists the provisions that will come into force on 7 June 2026, the day fixed by new Article 6B of the SoJ Law (inserted by Article 9 of this Law) for the 2026 ordinary election of Senators.

Article 65(2) lists the provisions that will come into force on 1 February 2026, which is a date falling after the last date on which a public by-election could be held (under the SoJ Law as currently in force) and before the beginning of the regulated period, in relation to election expenses, for the purposes of the Public Elections (Expenditure and Donations) (Jersey) Law 2014. The list in Article 65(2) includes provisions relating to standing as a candidate for election and provisions relating to the administration of elections.

Article 65(3) provides that the consequential amendment made to Article 44A of the SoJ Law comes into force on 1 January 2030. This is the earliest date on which an ordinary election under Article 6C of the SoJ Law (inserted by Article 10 of this Law) could take place.

DRAFT ELECTIONS (SENATORS) (JERSEY) AMENDMENT LAW 202-

Contents

Article PART 1

1

STATES OF JERSEY LAW 2005 AMENDED  1

1 Introductory ................................................................................................................. 1 2 Article 1 (interpretation) amended ............................................................................. 1 3 Article 2 (constitution of the States) amended ........................................................... 1 4 Heading of Part 2A substituted.................................................................................... 1 5 Division 1 (constituencies and ordinary elections) inserted ........................................ 1 6 Article 4 (constituencies) deleted ................................................................................ 1 7 Article 5 (term of office) deleted ................................................................................. 1 8 Article 6 (ordinary elections for Deputies) amended .................................................. 1 9 Article 6B (ordinary election for Senators: 2026) inserted .......................................... 1

  1. Article 6C (ordinary elections for Senators and Deputies: 2030 onwards) inserted ... 1
  2. Division 2 (holding office as Senator or Deputy ) inserted ........................................... 1
  3. Division 3 (qualification for holding office etc.) inserted ............................................ 1
  4. Article 7 (qualification for election as Deputy ) amended............................................ 1
  5. Article 8 (disqualification for office as Deputy ) amended ........................................... 1
  6. Article 9 (declaration to be made when nominated) amended .................................. 1
  7. Articles 11 to 13 deleted .............................................................................................. 1
  8. Article 19 (selection and appointment of Council of Ministers) amended ................. 1
  9. Article 21 (term of office and dismissal of Ministers) amended ................................. 1
  10. Article 44A (remuneration review process) amended ................................................ 1
  11. Article 50 (Regulations: transition and implementation) amended ............................ 1
  12. Schedule 1 (Deputies' constituencies) substituted ..................................................... 1
  13. Schedule 2 (oaths) amended ....................................................................................... 2

PART 2  2

ELECTIONS (JERSEY) LAW 2002 AMENDED  2

  1. Introductory ................................................................................................................. 2
  2. Article 1 (interpretation) amended ............................................................................. 2
  3. Article 1A (electoral districts) amended ...................................................................... 2
  4. Article 2 (entitlement to vote) amended..................................................................... 2

27

28 29

30 31

32 33

34 35 36 37 38 39 40 41

42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58

Article 9A (supplementary electoral registers for elections of Deputies and Connétable s) amended................................................................................................ 2 Article 13B (reports on election) amended ................................................................. 2 Article 13BA (2026 elections (transitional): reports on elections for Senators and Deputies) inserted ....................................................................................................... 2 Article 15 (cost of election) amended ......................................................................... 2 Article 15A (2026 elections (transitional): cost of elections for Senators and Deputies) inserted ........................................................................................................................ 2 Article 17 (order for election) amended ...................................................................... 2 Article 17AA (2026 elections (transitional): order for elections for Senators and Deputies) inserted ....................................................................................................... 2 Part 4A (nomination: Deputies and Connétable s) heading amended ......................... 2 Article 17B (application of this Part) amended ........................................................... 2 Article 17BA (2026 elections (transitional): application of this Part) inserted ............ 2 Article 17D (nomination forms: content) amended .................................................... 2 Article 17E (subscription of nomination form) amended ............................................ 2 Article 17G (validation of nomination forms) amended.............................................. 2 Article 17H (announcement of candidates standing for election) amended .............. 2 Article 17I (extension of nomination period if more vacancies than candidates) amended ...................................................................................................................... 2 Article 17IB (hustings: Senators) inserted ................................................................... 2 Article 22 (announcement of the poll) amended ........................................................ 2 Article 23 (withdrawal, disqualification or death of candidate) amended.................. 2 Article 24 (ballot papers) amended ............................................................................. 2 Article 26A (candidate information document) amended .......................................... 2 Article 37 (interpretation) amended ........................................................................... 2 Article 46A (duties of Autorisé on receipt of pre-poll and postal votes) amended ..... 2 Article 47 (designation of counting stations) amended .............................................. 2 Article 52 (result in election for the office of Senator) inserted ................................. 2 Article 52A (result in public elections or parish elections) substituted ....................... 2 Article 52AA (recounts) amended ............................................................................... 3 Article 52B (procedure for recount by Judicial Greffier: Senator elections) inserted . 3 Article 52C (procedure for recount) amended ............................................................ 3 Article 53 (completion of return and delivery of papers) amended............................ 3 Article 55 (secrecy of used ballot papers) amended ................................................... 3 Article 61 (declaration of vacancy, or that entire election void) amended................. 3 Article 72B (consequential, transitional and other matters: Senators) inserted ........ 3

PART 3

3

OTHER LEGISLATION AMENDED  3

  1. Political Parties (Registration) (Jersey) Law 2008 amended ........................................ 3
  2. Public Elections (Expenditure and Donations) (Jersey) Law 2014 amended ............... 3
  3. Judicial and Legislative Functions (Separation) (Jersey) Law 1951 amended ............. 3
  4. Employment of States of Jersey Employees (Jersey) Law 2005 amended .................. 3
  5. Matrimonial Causes Rules 2005 amended .................................................................. 3
  6. Civil Partners Causes Rules 2012 amended ................................................................. 3

 

PART 4  3

CITATION AND COMMENCEMENT  3

65 Citation and commencement ...................................................................................... 3

DRAFT ELECTIONS (SENATORS) (JERSEY) AMENDMENT LAW 202-

A LAW to amend the constitution of the States and to provide for the election of Senators, and for connected purposes.

Adopted by the States  [date to be inserted] Sanctioned by Order of His Majesty in Council  [date to be inserted] Registered by the Royal Court  [date to be inserted] Coming into force  [date to be inserted]

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

PART 1

STATES OF JERSEY LAW 2005 AMENDED

1  Introductory

This Part amends the States of Jersey Law 2005. 2  Article 1 (interpretation) amended

In Article 1(1), in the definition "elected member", after " Connétable " there is inserted ", Senator".

3  Article 2 (constitution of the States) amended

In Article 2(1) –

  1. after the entry in the list for the Lieutenant-Governor there is inserted – 9 Senators, elected as provided by this Law;
  2. for "37 Deputies" there is inserted "28 Deputies".

4  Heading of Part 2A substituted

For the heading of Part 2A there is substituted –

SENATORS AND DEPUTIES

5  Division 1 (constituencies and ordinary elections) inserted

Before Article 4 there is inserted –

DIVISION 1 – CONSTITUENCIES AND ORDINARY ELECTIONS

3A  Constituency: Senators

For the purpose of the election of Senators, the 12 parishes of Jersey together are a single constituency.

3B  Constituencies: Deputies

  1. For the purpose of the election of Deputies –
  1. Jersey is divided into the constituencies specified in column 1 of the table in Schedule 1; and
  2. the number of Deputies to be returned for each constituency is specified in the entry corresponding to that constituency in column 2 of the table in Schedule 1.
  1. The States may by Regulations amend Schedule 1 to –
  1. alter the constituencies specified (including by combining, splitting or renaming the constituencies);
  2. alter the number of Deputies specified in relation to a constituency (but the total number of Deputies must remain 28).

3C  Transitional provision for Deputies' constituencies

  1. This Article applies in relation to a person who, immediately before this Article comes into force, holds office as a Deputy for a constituency.
  2. The substitution of Schedule 1 to this Law by Article 21 of the Elections (Senators) (Jersey) Amendment Law 202- (and in particular the reduction of the number of Deputies to be returned for each constituency) does not affect the person's term of office.
  3. This Article is deleted at the end of 31 December 2026.

6  Article 4 (constituencies) deleted

Article 4 is deleted.

7  Article 5 (term of office) deleted

Article 5 is deleted.

8  Article 6 (ordinary elections for Deputies) amended

  1. This Article amends Article 6.
  2. For the heading there is substituted –

Ordinary elections for Deputies: 2022 and 2026

  1. After paragraph (3) there is inserted –
    1. This Article is deleted at the end of 31 December 2026.

9  Article 6B (ordinary election for Senators: 2026) inserted

After Article 6A there is inserted –

6B  Ordinary election for Senators: 2026

  1. An ordinary election for Senators is to be held on 7 June 2026.
  2. This Article is deleted at the end of 31 December 2026.

10  Article 6C (ordinary elections for Senators and Deputies: 2030 onwards)

inserted

After Article 6B (inserted by Article 9 of this Law) there is inserted –

6C  Ordinary elections for Senators and Deputies: 2030 onwards

  1. An ordinary election for Senators and Deputies is to be held in 2030.
  2. After 2030, a subsequent ordinary election for Senators and Deputies is to be held in the fourth calendar year (an "election year") following that in which the previous ordinary election was held.
  3. The States may by Act appoint the date in 2030, and in each subsequent election year, on which the ordinary election is to be held.

11  Division 2 (holding office as Senator or Deputy ) inserted

After Article 6C (inserted by Article 10 of this Law) there is inserted –

DIVISION 2 – HOLDING OFFICE AS SENATOR OR DEPUTY

6D  Oath of office

The  oath  of  office of Senators  and  Deputies,  to be  taken  in  accordance  with Article 17(2)(c) or Article 54(2) of the Elections (Jersey) Law 2002, is in the form specified in Schedule 2, Part 1.

6E  Term of office

  1. The term of office of a Senator –
  1. begins with the day on which the person elected as Senator takes the oath of that office; and
  2. ends with the earlier of –
  1. the first day on which a Senator elected at the next ordinary election takes the oath of that office; or
  2. the resignation of the Senator taking effect in accordance with Article 6F(3).
  1. The term of office of a Deputy for a constituency –
  1. begins with the day on which the person elected as Deputy takes the oath of that office; and
  2. ends with the earlier of –
  1. the first day on which a Deputy elected for that constituency at the next ordinary election takes the oath of that office; or
  2. the resignation of the Deputy taking effect in accordance with Article 6F(3).
  1. Article 8 makes provision about disqualification from office.

6F  Resignation of Senator or Deputy

  1. A Senator or Deputy may, at any time, resign by giving written notice to the Bailiff .
  2. The Bailiff must notify the States of the resignation at their next meeting.
  3. The  resignation  takes  effect  on  the   Bailiff  giving  notification  under paragraph (2).

6G  Casual vacancy in office of Senator or Deputy

  1. This Article applies if –
  1. a vacancy occurs in the office of Senator, otherwise than as a result of a Senator's term of office ending under Article 6E(1)(b)(i); or
  2. a vacancy occurs in the office of Deputy , otherwise than as a result of a Deputy 's term of office ending under Article 6E(2)(b)(i).
  1. The Bailiff must notify the Attorney General of the vacancy.
  2. The Attorney General must, as soon as reasonably practicable after receiving notification under paragraph (2), notify the Royal Court of the vacancy.
  1. Unless paragraph (5) applies, the Royal Court must make an order under Article 17 of the  Elections  (Jersey)  Law 2002 for an  election to fill the vacancy to be held as soon as reasonably practicable.
  2. If the vacancy occurs less than 6 months before an ordinary election is due to be held, the Royal Court must not order an election to fill the vacancy under this Article (and the vacancy may be filled at the next ordinary election).
  3. The States may by Regulations amend the period specified in paragraph (5).

12  Division 3 (qualification for holding office etc.) inserted

Before Article 7 there is inserted –

DIVISION 3 – QUALIFICATION FOR HOLDING OFFICE ETC.

13  Article 7 (qualification for election as Deputy ) amended

  1. This Article amends Article 7.
  2. In the heading, for " Deputy " there is substituted "Senator or Deputy ".
  3. In each of the following provisions, for " Deputy " there is substituted "Senator or Deputy " –
  1. paragraph (1);
  2. paragraph (2) (in both places);
  3. paragraph (3).

14  Article 8 (disqualification for office as Deputy ) amended

  1. This Article amends Article 8.
  2. In the heading, for " Deputy " there is substituted "Senator or Deputy ".
  3. In paragraphs (1) and (2), for " Deputy " there is substituted "Senator or Deputy ".

15  Article 9 (declaration to be made when nominated) amended

In Article 9(1), for " Deputy " there is inserted "Senator or Deputy ". 16  Articles 11 to 13 deleted

The following Articles are deleted –

  1. Article 11 (oath of office);
  2. Article 12 (resignation of Deputy );
  3. Article 13 (casual vacancy in office of Deputy ).

17  Article 19 (selection and appointment of Council of Ministers) amended

  1. This Article amends Article 19.
  2. For paragraph (2)(a) there is substituted –

(a)  each ordinary election, for Senators or Deputies under this Law or for Connétable s under Article 2 of the  Connétable s (Jersey) Law 2008;

  1. In paragraph (8), for "an ordinary election for Deputies" there is substituted "an ordinary election for Senators, Deputies or Connétable s".

18  Article 21 (term of office and dismissal of Ministers) amended

For Article 21(2) there is substituted –

(2)  A person ceases to hold office as Chief Minister if they cease to hold office as a Senator, Deputy or Connétable under –

  1. Article 8(2) (disqualification for office as Senator or Deputy ); or
  2. Article 4C(2) of the  Connétable s (Jersey) Law 2008 (disqualification).

19  Article 44A (remuneration review process) amended

In Article 44A(1), for "Article 6" there is substituted "Article 6C".

20  Article 50 (Regulations: transition and implementation) amended

  1. This Article amends Article 50.
  2. In paragraph (4), for "this Article" there is substituted "any of paragraphs (1) to (3)".
  3. After paragraph (4) there is inserted –
  1. The States may by Regulations –
  1. make provision that is consequential on, or incidental or supplementary to, any provision of –
  1. the Elections (Senators) (Jersey) Amendment Law 202-; or
  2. any Act made under Article 6(3);
  1. make transitional or saving provision in connection with the coming into force of that Law or that Act.
  1. The power to make Regulations under paragraph (5) –
  1. must not be exercised after the end of 31 December 2026;
  2. includes the power to –
  1. amend this Law or any other enactment; and
  2. modify the application of this Law or any other enactment.

21  Schedule 1 (Deputies' constituencies) substituted

For Schedule 1 there is substituted –

SCHEDULE 1

(Article 3B(1)) DEPUTIES' CONSTITUENCIES

 

Constituency

Number of Deputies to be returned

St. Helier South

Canton de Bas de la Vingtaine de la Ville, St. Helier Canton de Haut de la Vingtaine de la Ville, St. Helier

3

St. Helier Central

Vingtaine du Rouge Bouillon, St. Helier

Canton de Bas de la Vingtaine du Mont au Prêtre, St. Helier

4

St. Helier North

Vingtaine du Mont Cochon, St. Helier

Vingtaine du Mont à l'Abbé, St. Helier

Canton de Haut de la Vingtaine du Mont au Prêtre, St. Helier

3

St. Saviour

Parish of St. Saviour

4

St. Clement

Parish of St. Clement

3

St. Brelade

Parish of St. Brelade

3

St. Mary , St. Ouen and St. Peter Parish of St. Mary

Parish of St. Ouen

Parish of St. Peter

3

St. John , St. Lawrence and Trinity Parish of St. John

Parish of St. Lawrence

Parish of Trinity

3

Grouville and St. Martin Parish of Grouville

Parish of St. Martin

2

22  Schedule 2 (oaths) amended

  1. This Article amends Schedule 2.
  2. In the heading, for "Articles 11" there is substituted "Articles 6D".
  3. In the heading to Part 1 –
  1. for "Article 11" there is substituted "Article 6D";
  1. for "Deputies" there is substituted "Senators and Deputies".
  1. In  Part 1,  in  the  text  of  the  oath,  for  " Deputy "  there  is  substituted "(Senator)( Deputy )".

PART 2

ELECTIONS (JERSEY) LAW 2002 AMENDED

23  Introductory

This Part amends the Elections (Jersey) Law 2002.

24  Article 1 (interpretation) amended

  1. This Article amends Article 1.
  2. After the definition "ballot box" there is inserted –

"ballot paper packages" has the meaning given by Article 52(7);

  1. For the definition "constituency" there is substituted –

"constituency" –

  1. in relation to the election of a Senator, has the meaning given  in Article 3A of the States of Jersey Law 2005;
  2. in relation to the election of a Deputy , has the meaning given  in Article 3B of the States of Jersey Law 2005;
  3. in relation to the election of a Connétable of a parish, means the parish;
  4. in relation to the election of a Centenier or Procureur du Bien Public of a parish, means the parish;
  1. In  the  definition  "principal  Autorisé",  for  "Article 17(2A)  and  (2B)"  there  is substituted "Article 17(2A), (2B) and (2C)".
  2. For the definition "public election" there is substituted –

"public election" means an election of a Senator, Deputy or Connétable ;

25  Article 1A (electoral districts) amended

In Article 1A(1), for "an election of a Deputy " there is substituted "an election of a Senator, Deputy ".

26  Article 2 (entitlement to vote) amended

  1. This Article amends Article 2.
  2. After paragraph (1A) there is inserted –

(1B)  A person is entitled to vote in an election for the office of Senator if the

person's name is included in –

  1. an electoral register in force for the election (for any electoral district); or
  1. a supplementary electoral register in force for the election (for any electoral district).
  1. For paragraph (2) there is substituted –

(2)  A person is entitled to vote in an election for the office of Deputy for a constituency if the person's name is included in –

  1. the electoral register in force for the election for an electoral district that is, or is within, the constituency; or
  2. the supplementary register in force for the election for an electoral district that is, or is within, the constituency.

(4)  In paragraph (3A), after "(1A)" there is inserted ", (1B)".

27  Article 9A (supplementary electoral registers for elections of Deputies and

Connétable s) amended

  1. This Article amends Article 9A.
  2. In the heading, for "Deputies" there is substituted "Senators, Deputies".
  3. In paragraph (1), for "Deputies" there is substituted "Senators, Deputies".
  4. In paragraph (5), for "any electoral register in force for any electoral district for the elections referred to in paragraph (1)" there is substituted "an electoral register for any other electoral district that is an electoral district in relation to an election of a Senator, Deputy or Connétable ".

28  Article 13B (reports on election) amended

In Article 13B(1) –

  1. in sub-paragraph (a), for "Article 6 of the States of Jersey Law 2005" there is substituted "Article 6C of the States of Jersey Law 2005";
  2. in sub-paragraph (b), for "Article 13 of the States of Jersey Law 2005" there is substituted "Article 6G of the States of Jersey Law 2005".

29  Article 13BA (2026 elections (transitional): reports on elections for Senators

and Deputies) inserted

After Article 13B there is inserted –

13BA 2026 elections (transitional): reports on elections for Senators and Deputies

  1. The JEA must prepare a report on the administration of each public election required under Article 6 or 6B of the States of Jersey Law 2005.
  2. Where a report on an election is prepared under paragraph (1) –
  1. the JEA must, before the end of the period of 6 months beginning with the day on which the election is held, submit the report to the PPC; and
  2. the PPC must present the report to the States.
  1. The report must include the JEA's recommendations (if any) as to changes to the law and practice relating to elections.
  1. This Article is deleted at the end of 31 December 2026.

30  Article 15 (cost of election) amended

  1. This Article amends Article 15.
  2. For paragraph (3)(b) there is substituted –

(b)  the costs incurred for the purposes of a public election of a Senator or a Deputy under Article 6C of the States of Jersey Law 2005;

  1. After paragraph (3)(b) there is inserted –

(ba)  the costs incurred for the purposes of a public election of a Senator or a

Deputy under Article 6G of the States of Jersey Law 2005;

31  Article 15A (2026 elections (transitional): cost of elections for Senators and

Deputies) inserted

After Article 15 there is inserted –

15A  2026 elections (transitional): cost of elections for Senators and Deputies

  1. The following are to be met by the States –
  1. the costs incurred for the purposes of a public election of a Deputy under Article 6 of the States of Jersey Law 2005;
  2. the costs incurred for the purposes of a public election of a Senator under Article 6B of the States of Jersey Law 2005.
  1. This Article is deleted at the end of 31 December 2026.

32  Article 17 (order for election) amended

  1. This Article amends Article 17.
  2. In paragraph (1)(a) –
    1. for "Article 6" there is substituted "Article 6C";
    2. for "or 13" there is substituted "or 6G".
  3. In paragraph (2AA), for "Article 6 of the  States of Jersey Law 2005 (ordinary election for Deputies)" there is substituted "Article 6C of the  States of Jersey Law 2005 (ordinary elections for Senators and Deputies: 2030 onwards)".
  4. After paragraph (2B) there is inserted –

(2C)  In the case of a public election for the office of Senator, the Royal Court must

also designate 1 Autorisé in each parish as the principal Autorisé for that parish in relation to the election.

33  Article 17AA (2026 elections (transitional): order for elections for Senators and

Deputies) inserted

After Article 17 there is inserted –

17AA 2026 elections (transitional): order for elections for Senators and

Deputies

  1. The Royal Court must make an order (unless an order has been made under Article 17) for the holding of –
  1. a  public  election  required  under  Article 6  of  the  States  of  Jersey Law 2005 (ordinary elections for Deputies: 2022 and 2026); and
  2. a  public  election required  under  Article 6B  of  that  Law  (ordinary election for Senators: 2026).
  1. If the Elections (Appointed Day) (Jersey) Act 2025 is repealed, and the date of the 2026 Deputies election is not fixed by a subsequent Act under Article 6 of the States of Jersey Law 2005
  1. the  order  under  paragraph (1)(a) must fix the  date of the  election required under Article 6(2) to be held in 2026; and
  2. the date fixed must be at least 38 days after the day on which the order is made.
  1. The following provisions of Article 17 apply in relation to an order made under paragraph (1) as they apply in relation to an order in respect of an election under Article 6C of the States of Jersey Law 2005
  1. paragraph (2)(b) to (d);
  2. paragraphs (2A) to (4).
  1. In  relation  to  an  order  made  under  paragraph (1),  the  date  fixed  under Article 17(2)(c) (date for persons elected to take their oath) as applied by paragraph (3) must be as early as reasonably practicable and, in any event, within the period of 14 days beginning with the day of the election.
  2. This Article is deleted at the end of 31 December 2026.

34  Part 4A (nomination: Deputies and Connétable s) heading amended

For the heading to Part 4A there is substituted –

NOMINATION: SENATORS, DEPUTIES AND CONNÉTABLES

35  Article 17B (application of this Part) amended

  1. This Article amends Article 17B.
  2. In sub-paragraph (a), for "Deputies under Article 6 of the States of Jersey Law 2005" there is substituted "Senators and Deputies under Article 6C of the States of Jersey Law 2005".
  3. In sub-paragraph (b), for "a Deputy under Article 13 of the States of Jersey Law 2005" there is substituted "a Senator or Deputy under Article 6G of the States of Jersey Law 2005".

36  Article 17BA (2026 elections (transitional): application of this Part) inserted

After Article 17B there is inserted –

17BA 2026 elections (transitional): application of this Part

  1. This Part applies in relation to a public election held in 2026 –
    1. for Deputies under Article 6 of the States of Jersey Law 2005;
    2. for Senators under Article 6B of the States of Jersey Law 2005.
  2. References in this Part to "an ordinary public election" include references to an election mentioned in paragraph (1).
  3. This Article is deleted at the end of 31 December 2026.

37  Article 17D (nomination forms: content) amended

  1. This Article amends Article 17D.
  2. For paragraph (1)(a) there is substituted –

(a)  state the office in respect of which the person is to be nominated as a candidate;

(aa)  if the nomination is for the office of Deputy or Connétable , state the

constituency to which the nomination relates;

  1. In paragraph (1)(c), for " Deputy " there is substituted "Senator or Deputy ".

38  Article 17E (subscription of nomination form) amended

  1. This Article amends Article 17E.
  2. In paragraph (2), for "constituency" there is substituted "(in the case of an election for the office of Deputy or Connétable ) the constituency".
  3. After paragraph (2) there is inserted –

(3)  The proposer and seconders must each give a written statement of their name and the address at which they are ordinarily resident.

39  Article 17G (validation of nomination forms) amended

  1. This Article amends Article 17G.
  2. For paragraph (2) there is substituted –
  1. The JEA must –
  1. in relation to an election for the office of Senator, give a copy of the nomination form to the electoral administrator for –
  1. the parish in which the prospective candidate's address given under Article 17D(1)(b)(ii) is located; and
  2. each other parish (if any) in which a proposer or seconder's address given under Article 17E(3) is located;
  1. in relation to an election for the office of Deputy or Connétable , give a copy of the nomination form to each electoral administrator for the constituency to which it relates.
  1. For paragraph (8) there is substituted –

(8)  In  paragraph (2)(b),  the  reference  to  an  electoral  administrator  for  the constituency is a reference to an electoral administrator for a parish that alone, with other parishes, or in part, comprises the constituency.

40  Article 17H (announcement of candidates standing for election) amended

In Article 17H(3)(b), for "constituency" there is substituted "(in relation to an election for the office of Deputy or Connétable ) the constituency".

41  Article 17I (extension of nomination period if more vacancies than candidates)

amended

  1. This Article amends Article 17I.
  2. In  paragraph (1)(b),  for  "a  public  election  for  the  office  of   Deputy  for  a constituency," there is substituted "a public election for the office of Senator, or for the office of Deputy for a constituency,".
  3. In paragraph (2), for "constituency" there is substituted "(in relation to an election for the office of Deputy or Connétable ) that constituency".

42  Article 17IB (hustings: Senators) inserted

At the end of Part 4 there is inserted –

17IB  Hustings: Senators

  1. This Article applies in relation to a public election for the office of Senator.
  2. The JEA must arrange a meeting, in each parish, at which each person nominated as a candidate for the election may address members of the public.
  3. Each meeting must be held –
  1. after the candidate announcement in relation to the election is published under Article 17H(1); and
  2. at least 3 days before the day of the poll for the election.
  1. The JEA must, during the nomination period in relation to the election –
  1. determine the date and location of each meeting; and
  2. take the steps that it considers appropriate for bringing the date and location of each meeting to the attention of the public.

43  Article 22 (announcement of the poll) amended

  1. This Article amends Article 22.
  2. After paragraph (1) there is inserted –

(1AA) If, in the case of a public election for the office of Senator, there is at least

one candidate for the office, a poll is to be held.

  1. In paragraph (1A), after "public election" there is inserted "for the office of Deputy or Connétable ".
  2. After paragraph (2) there is inserted –

(2A)  In this Part, references to a parish where a poll is, or is to be, held, are –

  1. in relation to a public election for the office of Senator, references to each parish in Jersey;
  1. in relation to any other public election or a parish election, references to the parish that alone, with other parishes, or in part, comprises the constituency.

44  Article 23 (withdrawal, disqualification or death of candidate) amended

  1. This Article amends Article 23.
  2. In paragraph (1), for "each electoral administrator for the constituency shall" there is substituted "each relevant person must".
  3. After paragraph (1) there is inserted –

(1A)  In paragraph (1), "relevant person" means –

  1. in relation to a candidate for the office of Senator, the JEA;
  2. in relation to a candidate for the office of Deputy or Connétable for a constituency, an electoral administrator for the constituency.
  1. For paragraph (3) there is substituted –
  1. In  paragraph (1A)(b),  the  reference  to  an  electoral  administrator  for  the constituency is a reference to an electoral administrator for a parish that alone, with other parishes, or in part, comprises the constituency.
  2. If there is more than 1 electoral administrator for a constituency, a report made by 1 of them under paragraph (1) discharges the obligation of the others to make a report under that paragraph.

45  Article 24 (ballot papers) amended

  1. This Article amends Article 24.
  2. Before paragraph (1) there is inserted –

(A1)  This Article applies if a poll for an election is to be held (in accordance with

Article 22).

  1. In paragraph (3B)(b), for "a Connétable , Centenier, Procureur du Bien Public or Deputy " there is substituted "a Senator, Deputy , Connétable , Centenier or Procureur du Bien Public".

46  Article 26A (candidate information document) amended

  1. This Article amends Article 26A.
  2. For paragraph (1) there is substituted –

(1)  If a poll for a public election for the office of Senator is to be held, the JEA must –

  1. prepare a document containing the candidate information in respect of each candidate standing at the election; and
  2. arrange for copies of the document to be printed and distributed to each polling station in Jersey.

(1A)  If a poll for a public election for the office of Deputy or Connétable is to be

held in a constituency, the JEA must –

  1. prepare a document containing the candidate information in respect of each candidate standing at the election; and
  1. arrange for copies of the document to be printed and distributed to each polling station in the constituency.

(1B)  In paragraphs (1) and (1A), "candidate information" means –

  1. the candidate's name;
  2. the photograph of the candidate provided with the nomination form; and
  3. if the candidate is endorsed by a political party, the name of the party.
  1. In paragraph (2), for "the document" there is substituted "each document".
  2. In paragraph (3), for "the document" there is substituted "each document".

47  Article 37 (interpretation) amended

In Article 37(1), in the definition "copy of the register", for "Article 41" there is substituted "Article 40A".

48  Article 46A (duties of Autorisé on receipt of pre-poll and postal votes) amended

In Article 46A(1), "or (7)" is deleted.

49  Article 47 (designation of counting stations) amended

  1. This Article amends Article 47.
  2. After paragraph (3) there is inserted –

(4)  In relation to a public election for the office of Senator, each principal Autorisé for a parish (designated by the  Royal Court under  Article 17(2C)) must designate 1 or more of the polling stations in the electoral districts in the parish as locations for the count of the votes cast in the parish in that election.

  1. In paragraph (5), for "the parish which is, or part of which is, the electoral district" there is substituted "the parish that is the electoral district or in which the electoral district is located".
  2. After paragraph (5A) there is inserted –

(5B)  Before making a designation under paragraph (4), the principal Autorisé for a

parish must consult the electoral administrator for the parish.

  1. In paragraph (6), for "paragraph (2) or (3)" there is substituted "paragraph (2), (3) or (4)".
  2. In paragraph (7), for "paragraph (2) or (3)" there is substituted "paragraph (2), (3) or (4)".

50  Article 52 (result in election for the office of Senator) inserted

At the beginning of Part 8A, there is inserted –

52  Result in public elections (Senators)

  1. This Article applies in relation to a public election for the office of Senator.
  1. An Autorisé (or Adjoint) in charge of a counting station must (unless they are the principal Autorisé in relation to the election) forward the ballot paper packages relating to the election to the principal Autorisé.
  2. The principal Autorisé must, when satisfied that they have all the ballot paper packages for all the counting stations in the parish, take the following steps –
  1. add the results of the counts in the parish;
  2. if any candidates or their representatives are present (in accordance with Article 49(5)) –
  1. inform them of the number of votes recorded, for each candidate, in the counts in the parish; and
  2. show them the spoilt ballot papers.
  1. After the principal Autorisé has taken the steps specified in paragraph (3) at the counting station –
  1. any person who was entitled to vote in the election in the parish is entitled to be admitted into the counting station; and
  2. the principal Autorisé must announce –
  1. the number of valid votes recorded for each candidate in the count in the parish; and
  2. the number of valid votes recorded for none of the candidates, if that  option  is  included  in  the  ballot  paper  under Article 24(3C)(b).
  1. The principal  Autorisé must inform the Judicial Greffier of the numbers announced under paragraph (4)(b).
  2. The Judicial Greffier must –
  1. add the results of the counts in each parish and determine the result of the election;
  2. at 4 p.m. on the day following the poll, at the Judicial Greffe, inform the candidates and their representatives who are present of the results of the election; and
  3. as soon as reasonably practicable after the end of the period within which a recount may be requested under Article 52AA or, if later, after a recount requested under that Article has been conducted –
  1. announce the results of the election; and
  2. declare the total number of votes cast and the number of valid votes obtained by each candidate.
  1. In this Article and in Article 52A, "ballot paper packages" means –
  1. the packages prepared under Article 50(2); and
  2. the packages prepared under Article 48(4)(b), associated with the votes counted in that election at the counting station.

51  Article 52A (result in public elections or parish elections) substituted

For Article 52A there is substituted –

52A  Result in public elections (Deputies or Connétable s) or parish elections

  1. This Article applies in relation to –
  1. a public election for the office of Deputy or Connétable (but not for the office of Senator);
  2. a parish election.
  1. For  an  election  for  which  there  is  more  than  1  counting  station  in the constituency –
  1. an Autorisé (or Adjoint) in charge of a counting station must (unless they are the principal Autorisé in relation to the election) forward the ballot paper packages relating to the election to the principal Autorisé as soon as reasonably practicable after the count has been carried out under Article 49; and
  2. the principal Autorisé must, when satisfied that they have all the ballot paper packages for all the counting stations in the constituency, add the results of the counts in the constituency.
  1. For any election to which this Article applies, the principal Autorisé must, if any  candidates  or  their  representatives  are  present  (in  accordance  with Article 49(5)) –
  1. inform them of the number of votes recorded, for each candidate, in the count in the constituency; and
  2. show them the spoilt ballot papers.
  1. For any election to which this Article applies, after the principal Autorisé has taken the steps specified in paragraph (3) at the counting station –
  1. any person who was entitled to vote in the election in the parish is entitled to be admitted into the counting station; and
  2. the principal Autorisé must announce –
  1. the number of valid votes recorded for each candidate in the count in the constituency; and
  2. the number of valid votes recorded for none of the candidates, if that  option  is  included  in  the  ballot  paper  under Article 24(3C)(b).

52  Article 52AA (recounts) amended

  1. This Article amends Article 52AA.
  2. In paragraph (1)(b), after "elected" there is inserted "(the "higher number")".
  3. After paragraph (1) there is inserted –

(1AA) An unsuccessful candidate in an election for the office of Senator or their

representative may, within 24 hours after being informed of the result, request a recount on the ground that the difference mentioned in paragraph (1) is 1% or less of the higher number (as an alternative to requesting a recount under paragraph (1)).

  1. Before paragraph (4) there is inserted –

(3)  A recount requested in an election for the office of Senator must be conducted by the Judicial Greffier in accordance with Article 52B.

  1. In paragraph (4), for "a public election or parish election shall be" there is substituted "any other public election, or in a parish election, must be".
  2. In paragraph (5), for "A principal Autorisé is not required" there is substituted "Neither the Judicial Greffier nor a principal Autorisé is required".

53  Article 52B (procedure for recount by Judicial Greffier: Senator elections)

inserted

After Article 52AA there is inserted –

52B  Procedure for recount by Judicial Greffier: Senator elections

  1. This Article applies if the Judicial Greffier is required, in accordance with Article 52AA, to conduct a recount in an election for the office of Senator following a request under Article 52AA(1) or (1AA).
  2. The Judicial Greffier may engage assistance in the recount.
  3. An Autorisé and their Adjoints must comply with any request made by the Judicial Greffier for assistance in conducting a recount in the electoral district for which the Autorisé was appointed.
  4. The Judicial Greffier may, for the purposes of the recount, open the packages containing the used ballot papers and the counterfoils of the used ballot papers.
  5. The Judicial Greffier must announce the result of the recount.

54  Article 52C (procedure for recount) amended

  1. This Article amends Article 52C.
  2. For the heading there is substituted –

52C  Procedure for recount by Autorisé

  1. For paragraph (1) there is substituted –

(1)  This Article applies if –

  1. an Autorisé is requested by the Judicial Greffier, under Article 52B(3), to assist in conducting a recount in an electoral district; or
  2. a  principal  Autorisé conducts a recount following a  request under Article 52AA(1).
  1. In paragraph (3), for "Article 49(3)" there is substituted "Article 49(5)".
  2. In  paragraph (5),  for  "Notwithstanding  Article 55,  an  Autorisé  shall"  there  is substituted "An Autorisé may".

55  Article 53 (completion of return and delivery of papers) amended

  1. This Article amends Article 53.
  2. For paragraph (1) there is substituted –

(1)  Each principal Autorisé for an election for the office of Senator must prepare and sign a return for the election, by reference to the conduct of the poll and the votes cast in the parish for which that principal Autorisé is designated.

(1A)  The principal Autorisé for an election for the office of Deputy or Connétable ,

or a parish election, must prepare and sign a return for the election.

(3)  After paragraph (4) there is inserted –

(5)  In relation to an election for the office of Senator, the obligations in paragraphs (2), (3) and (4) apply in relation to each principal Autorisé in relation to the poll conducted in the parish for which they are designated (and not in relation to the election as a whole).

56  Article 55 (secrecy of used ballot papers) amended

In Article 55, for "Article 59" there is substituted "Article 52B(4), 52C(5) or 59". 57  Article 61 (declaration of vacancy, or that entire election void) amended

In Article 61(6)(b) –

  1. for " Deputy " there is substituted "Senator or Deputy ";
  2. for "Article 13" there is substituted "Article 6G".

58  Article 72B (consequential, transitional and other matters: Senators) inserted

Before Article 73, there is inserted –

72B  Consequential, transitional and other matters: Senators

  1. The States may by Regulations –
  1. make provision that is consequential on, or incidental or supplementary to
  1. any provision of the Elections (Senators) (Jersey) Amendment Law 202-; or
  2. any Act made under Article 6(3) of the States of Jersey Law 2005;
  1. make transitional or saving provision in connection with the coming into force of that Law or that Act.
  1. The power to make Regulations under paragraph (1) –
  1. must not be exercised after the end of 31 December 2026;
  2. includes the power to –
  1. amend this Law or any other enactment; and
  2. modify the application of this Law or any other enactment.

PART 3

OTHER LEGISLATION AMENDED

59  Political Parties (Registration) (Jersey) Law 2008 amended

  1. This Article amends the Political Parties (Registration) (Jersey) Law 2008.
  2. In the long title, for " Deputy " there is substituted "Senator, Deputy ".
  3. In Article 2(8), for " Deputy " there is substituted "Senator, Deputy ".

60  Public Elections (Expenditure and Donations) (Jersey) Law 2014 amended

  1. This Article amends the Public Elections (Expenditure and Donations) (Jersey) Law 2014.
  2. In Article 1 –
  1. in the definition "candidate", for "as a Deputy " there is substituted "for the office of Senator, Deputy ";
  2. in the definition "election", for "of a Deputy or an election of a" there is substituted "for the office of Senator, Deputy or".
  1. For Article 4(1) there is substituted –

(1)  A candidate's election expenses must not exceed –

  1. in relation to a candidate for election for the office of Senator, the total of –
  1. £4,146; and
  2. 13 pence for each person entitled to vote in the election in accordance with Article 2(1B) of the 2002 Law;
  1. in relation to a candidate for election for the office of Deputy or Connétable , the total of –
  1. £2,517; and
  2. 13 pence for each person entitled to vote in the election in accordance with Article 2(1A) or (2) of the 2002 Law.

61  Judicial and Legislative Functions (Separation) (Jersey) Law 1951 amended

  1. This Article amends the Judicial and Legislative Functions (Separation) (Jersey) Law 1951.
  2. In Article 1(1) –
    1. for "office of Deputy " there is substituted "office of Senator or Deputy ";
    2. for "oath of Deputy " there is substituted "oath of that office".
  3. In Article 1(2) –
  1. for "A Deputy " there is substituted "A Senator or Deputy ";
  2. for "the Deputy " there is substituted "the Senator or Deputy ";
  3. for "the office of Deputy " there is substituted "that office".

62  Employment of States of Jersey Employees (Jersey) Law 2005 amended

In the following provisions of the Employment of States of Jersey Employees (Jersey) Law 2005, for " Deputy " there is substituted "Senator, Deputy " –

  1. Article 30(2)(c) and (d);
  2. Article 36(1) and (4);
  3. Article 37(1);
  4. Article 39(3)(a)(i) and (ii);
  5. Article 40(1).

63  Matrimonial Causes Rules 2005 amended

In the Matrimonial Causes Rules 2005, in Rule 13(3)(a), for "a Deputy " there is substituted "a Senator or a Deputy ".

64  Civil Partners Causes Rules 2012 amended

In the  Civil Partners Causes Rules 2012, in Rule 16(3)(a), for "a Deputy " there is substituted "a Senator or a Deputy ".

PART 4

CITATION AND COMMENCEMENT

65 Citation and commencement

  1. This Law may be cited as the Elections (Senators) (Jersey) Amendment Law 202-.
  2. The following provisions of this Law come into force on 1 February 2026 –
  1. Articles 1 and 2;
  2. Articles 4 to 6;
  3. Articles 8 to 10;
  4. Articles 12 to 15;
  5. Articles 17 and 18;
  6. Articles 20 and 21;
  7. Articles 23 to 27;
  8. Article 28(a);
  9. Article 29;
  10. Article 30(1) and (2);
  11. Article 31;
  12. Article 32(1), (2)(a), (3) and (4);
  13. Articles 33 and 34;
  14. Article 35(1) and (2);
  15. Articles 36 to 56;
  16. Articles 58 to 62;
  1. this Article.
  1. The following provisions of this Law come into force on 7 June 2026 –
    1. Article 3;
    2. Article 7;
    3. Article 11;
    4. Article 16;
    5. Article 22;
    6. Article 28(b);
    7. Article 30(3);
    8. Article 32(2)(b);
    9. Article 35(3);
    10. Article 57;
    11. Articles 63 and 64.
  2. Article 19 comes into force on 1 January 2030.

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