Guide to Electoral Practice and Procedure
Falkland Islands
Legislative Assembly
General Election
9 November 2017
GUIDE TO ELECTORAL PRACTICE AND PROCEDURE
Introduction
This guidehas been prepared by the Law and Regulation Directorate to assist prospective candidates for the general election of 9 November 2017 by providing a summary of the essential information which a candidate might need.
The guide is not intended to be a comprehensive statement of all electoral rules and regulations, and candidates are recommended to familiarise themselves with a copy of the Electoral Ordinance (available through the Statute Law Database at or a hard copy is available on request from the Attorney General’s Chambers), and obtain their own advice as appropriate.
Contents
A - Eligibilitypage 2
B - Nominationpages 2-4
C - Election Expensespages 4-5
D - Offencespages5-6
E - Glossarypage 6
Forms
A copy of any form referred to in this guidance may be obtained from the office of the Returning Officer if specified, or from the Registration Officer at the Town Hall, Stanley.
A - ELIGIBILITY
Am I qualifiedto be a candidate in this general election?
You are qualified to be elected as a member of the Legislative Assembly ifyou are:-
(a) 18 or over; and
(b) registered as a voter in the Stanley or Camp constituencies;
unless you are disqualified.
Who is disqualified for election?
You are not qualified to be elected if you:-
(a) are, by your own act, under any acknowledgement of allegiance, obedience or adherence to a foreign Power or State;
(b) are a member of the regular British armed forces;
(c) hold, or are acting in, a public office (but see notes below);
(d) are an undischarged bankrupt;
(e) are certified insane (or otherwise judged of unsound mind by law);
(f) are subject to a sentence of imprisonment of 12 months or more (whether suspended or not), or have been in the last five years;
(g) are disqualified from membership of the Legislative Assembly under the law relating to offences in connection with elections;
(h) are disqualified by law because your work involves responsibility in connection with elections or the register of electors.
Notes:1. “Public office” does not include members of the Falkland Islands Defence Force (except the Commanding Officer and permanent staff), nor retained fire fighters, but does include the General Manager of the Falkland Islands Development Corporation.
- A public officer may still stand as a candidate for election as a member of the Legislative Assembly, but only if that person undertakes in writing to relinquish the disqualifying office (or cease to act in it) if elected.
References: Sections 28 and 29 of the Constitution
Section 53 of the Electoral Ordinance
B - NOMINATION
How many people need to nominate and support me as a candidate?
A candidate must be nominated by two electors, and supported by four electors.
An elector must not nominate or support more than eight persons in this election.
How do I obtain a nomination form?
You may obtain a nomination form (headed “Form of Nomination Paper” – form number XXIV in respect of the Stanley Constituency, and form number XXIII in respect of the Camp constituency) from the office of the Returning Officer which is upstairs in the Secretariat Building, Thatcher Drive, Stanley (telephone: 28450, e-mail:).
When do I complete the nomination form?
You do not have to wait until nomination day, which is Friday 20th October 2017, to complete and deliver your nomination form to the Returning Officer. You can complete and return the form at any time between29th September and 20th October 2017.
How do I complete the nomination form?
There are notes provided with the nomination form which explain how the form should be completed (although what the notes do not say is that entering any description of yourself where indicated on the form is optional).
When do I deliver the nomination form?
The last day for delivery of nomination forms is Friday 20th October 2017, at 4.15 pm.
How do I deliver the nomination form?
Your nomination form must be delivered to the office of the Returning Officer.
What do I need to deliver with a nomination form?
When delivering your nomination form to the Returning Officer, you must also include a consent to nomination and a deposit.
What is a consent to nomination?
In addition to a nomination form, a candidate must complete a form of consent to nomination (headed “Form of Consent to Nomination” - form number XXV). This form will be provided to you by the Returning Officer with the nomination form. Your signature to the form of consent must be witnessed.
What is the deposit?
The deposit is £100, which should normally be paid in cash or by banker’s draft (but the Returning Officer may agree to accept payment in another manner).
The deposit is returned to a candidate after the election, unless the candidate does not receive more than one eighth of the total votes counted in the election.
Can I withdraw as a candidate?
If you have delivered your nomination form to the Returning Officer, you may withdraw your candidacy by completing and delivering a notice of withdrawal to the Returning Officer before the close of nominations at 4.15pm on Friday 20th October2017 (headed “Notice of Withdrawal of Candidature” – form number XXVI, which can be obtained from the office of the Returning Officer).
When does a nomination become public?
Within four working days of close of nominations, a notice will be published stating who has been successfully nominated. The notice will also state if anyone has been unsuccessfully nominated, giving reasons. The notice will give the names of the nominated candidates and their nominators and supporters.
C – ELECTION EXPENSES
Are there any limits on a candidate’s election expenses?
Yes. The money which a candidate may pay, and the expenses which a candidate may incur, in respect of an election are limited by the provisions of the Electoral Ordinance, which makes it an offence to incur expenses above particular limits.
The restriction is imposed so that wealthy candidates do not have an unfair advantage. The system of reporting of election expenses also enables scrutiny of those who are financing particular candidates.
What are the general limits?
The general limit to the money which may be paid and the expenses which may be incurred in connection with a candidate’s conduct or management of the election is £500 for a candidate in the Stanley constituency, and £600 for a candidate in the Camp constituency.
This is the total sum, which relates to money paid and expenses incurred by a candidate, or by an election agent on behalf of a candidate (see explanations below about the election agent).
Are there any other particular limits?
Yes. A candidate may only pay personal expenses up to £100; any other personal expenses must be paid by the candidate’s election agent (but see explanations below about the election agent; you may be your own election agent).
What is an election agent and what do they do?
An election agent is the person who deals with the administration of a candidate’s election campaign, including claims in relation to election expenses. An electoral agent may enter into contracts on behalf of the candidate, for example in relation to advertisements or the hire of a room for a meeting.
An election agent must have an office where all claims etc, in connection with the candidacy may be sent to.
You should also remember that a candidate may be held responsible for the activities of their election agent and other workers.
Do I have to have an election agent?
No. A candidate is deemed to be their own election agent if they do not appoint one. If a candidate is their own election agent, then the address given in the candidate’s nomination paper is automatically published as the election agent’s address, unless the candidate declares a different address for this purpose to the Returning Officer.
Do I have to declare all the expenses of my candidacy?
Yes. Within thirty five days of the election you (or your election agent if you have one) must submit the returning officer:
(a) a return of expenses (“Return and Declaration as to Election Expenses Form of Return” - form number XXXIV);
(b) a declaration of expenses (headed “Form of Declarations” - form number XXXV); and
(c) all bills and receipts (a payment of less than £10 does not need a bill or receipt).
The declaration must be made before a justice of the peace.
D - OFFENCES
What offences can be committed in connection with an election?
A number of offences could be committed by a candidateor their election agent in connection with elections. These offences are divided into “corrupt” or “illegal” practices. The distinction is relevant to the punishment which may be imposed in relation to a particular offence.
What is corrupt practice?
Corrupt practice includes:-
- incurring expenses not authorised by the election agent
- making a false declaration of expenses
- bribery
- treating (eg. paying for drinks for a person to corruptly influence their vote)
- undue influence (eg. threatening a person to compel them to vote)
What is illegal practice?
Illegal practice includes:-
-failing to make payments through the election agent
-paying a late claim for expenses or paying a claim late
-offences in connection with the return of expenses and the accompanying declaration
-disturbing or inciting others to disturb election meetings
-making false statements as to candidates
-paying an elector for display of election posters other than in the ordinary course of the elector’s business
-making an illegal payment
What should I do if I am not sure about the legality of something?
If you are not sure about the legality of any activity in connection with an election, you should consult the Electoral Ordinance.
You can also ask for advice from the Registration Officer (Registrar General), the Returning Officer and, if necessary, from the Attorney General’s Chambers.
What are the penalties for committing offences against the Ordinance?
The following penalties may be imposed on a person who is convicted of an offence under the Ordinance:-
(a)corrupt practice - imprisonment up to twelve months, or a fine of £5,000, or both;
(b)illegal practice - imprisonment up to three months, or a fine of £1,000, or both;
(c) personation (passing yourself off as someone else) - imprisonment for two years, or a fine of £7,000, or both.
Are there any other consequences to conviction?
Yes. For example, if a candidate has been elected to the Legislative Assembly and is subsequently found guilty of corrupt or illegal practice, the person’s election is void.
Additionally, a candidate found guilty of any corrupt or illegal practiceis not permitted to stand again for the Legislative Assembly for five years.
MEANINGS OF WORDS AND PHRASES
“Constituency” - means one or other of the Camp and Stanley constituencies:
(a) the Stanley constituencyis the area within three and a half miles of the spire of the Cathedral.
(b) the Camp constituency is all those parts of the Falkland Islands that are further than three and a half miles from the spire of the Cathedral.
“Elector” - means a person whose name appears on the register of electors.
“Electoral Ordinance” - means the Electoral Ordinance 1988 as amended.
“Returning Officer” – is the Chief Executive.
“Registration Officer” – is the Registrar General
Law and Regulation Directorate
Stanley
September 2017
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