People allowed to vote when not on the electoral register

WQ.103/2018

WRITTEN QUESTION TO THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES

BY SENATOR S.Y. MÉZEC

ANSWER TO BE TABLED ON TUESDAY 10th JULY 2018

Question

Further  to  my  written  question  at  the  last  States  sitting  on  the  accuracy  of  the  electoral  registers (WQ.87/2018), in which it was revealed that 77 voters who were not on the electoral register (due to an administrative error) had been permitted to vote in the recent elections, will the Chairman request the following information from the Judicial Greffier –

1. a breakdown by Parish of the people who were permitted to vote despite not being on the electoral register;
2. a comparison with the previous 5 elections on the total number of people permitted to vote after such an administrative error had been proven;
3. a breakdown of the number of voters who claimed they were not on the register due to an administrative error but who were either unable to prove it or who indicated they would not challenge the position because of any inconvenience it would cause to them; and
4. an explanation of how such administrative errors can happen?

Answer

(a)  and (b) administrative errors' by parish for 2018 and the previous 5 elections for Senator:

(c) No record is kept of those who claim they are not on the register due to an administrative error but whose names are not added to the register. The decision to refuse to add a name is only taken after an examination of the relevant application form(s), if any, to show that the person has not made an application.

An application form' in the form of the annual statement' is sent each year to every unit of dwelling accommodation in accordance with Article 7 of the Public Elections (Jersey) Law 2002. It is the duty of each person ordinarily resident in that unit of dwelling accommodation to check that the statement lists the names of all persons who are eligible as an elector and to sign and return the statement to the Parish. The annual statements were last sent out in autumn 2017 for return by 1 December 2017.

Every unit of dwelling accommodation also received, in March 2018, a Notice of Registered Voters' in accordance with Article 7A of the law. The notice contained the names of the persons (if any) whose names were included in respect of that unit of dwelling accommodation on the electoral register for the electoral district; and explained where and how to inspect the electoral register and when a person is entitled to be registered and how to register.

A person may apply to register as an elector at any time if they meet the eligibility criteria set out in the law. An application may be made using the paper or online forms.

(d) Article 3 of the Public Elections (Jersey) Law 2002 permits a person to vote if the person's name does not appear on the electoral register or supplementary electoral register (if any) for that district, but the Autorisé (or Adjoint) in charge of the polling station is satisfied –

• from a declaration by the person in such form as the States may prescribe by Regulations; and
• after consulting the electoral administrator or such other officer, or such employee, of the relevant parish as he or she considers appropriate,

that the name has been omitted from the register as a result of administrative error.

The person must therefore have made an application to register as an elector on or before the date at which the electoral register, or the supplementary register (if any), closes for a particular election. The person must also be eligible to have his or her name added to the electoral register for the electoral district.

An error can arise where an application has been received but the elector's name has not been added to the register, for example –

1. an elector's name is omitted by mistake though it is listed on an application form, or
2. evidence is received to show that the application was delivered by the closing date though a Parish had initially considered it not to have been received by the deadline.