Draft Elections (Electoral Registers) (Jersey) Amendment Law 202- (P.27/2025): second amendment

STATES OF JERSEY

DRAFT ELECTIONS (ELECTORAL REGISTERS) (JERSEY) AMENDMENT LAW 202- (P.27/2025): SECOND AMENDMENT

Lodged au Greffe on 10th June 2025

by the Privileges and Procedures Committee Earliest date for debate: 24th June 2025

STATES GREFFE

2025  P.27/2025 Amd.(2)

DRAFT ELECTIONS (ELECTORAL REGISTERS) (JERSEY) AMENDMENT LAW 202- (P.27/2025): SECOND AMENDMENT

1  PAGE 11, ARTICLE 2 –

After paragraph (1), insert –

(2)  After the definition "ballot box" insert –

"candidates' primary list of voters" has the meaning given in Article 12A(1);

"candidates'  supplementary  list  of  voters"  has  the  meaning  given  in Article 12A(2);

and renumber the subsequent paragraphs accordingly. 2  PAGE 11, ARTICLE 2 –

In  paragraph (4)  (renumbered  as  paragraph (5)),  after  the  inserted  definition  "late registration period", insert –

"nomination day" means –

1. in relation to a parish election, the day on which the nomination meeting for the election is held;
2. in relation to a public election, the first day of the nomination period for the election (determined under Article 17C);

3  PAGE 19, ARTICLE 12 –

In the substituted Article 12, for paragraph (4) substitute –

(4)  The electoral administrator for a parish must, in relation to an election, make available to the Judicial Greffier, and to the Autorisés and Adjoints for the election, a copy of each electoral register in force for an electoral district that is, or is within, the parish.

4  PAGE 19, ARTICLE 12 –

In the substituted Article 12(5), for "paragraph (4)(a)" substitute "paragraph (4)". 5  PAGE 19, ARTICLE 12 –

In the substituted Article 12, delete paragraph (6).

6  PAGE 19, ARTICLE 12 –

After the substituted Article 12, insert –

12A  Candidates' primary and supplementary lists of voters: definitions

1. "Candidates' primary list of voters", in relation to an election, means a list of the names and addresses of the persons who –

1. are included in the electoral register in force for the purposes of that election; and
2. have  not  opted  out  of  inclusion  in  candidates'  lists  of  voters,  in accordance with Article 12C.

2. "Candidates' supplementary list of voters", in relation to a public election, means a list of the names and addresses of the persons who –

1. are included in the supplementary electoral register in force for the purposes of that election; and
2. have  not  opted  out  of  inclusion  in  candidates'  lists  of  voters,  in accordance with Article 12C.

12B  Preparation and provision of candidates' lists of voters

1. The electoral administrator for a parish must, in relation to a public election –

1. prepare –

1. a candidates' primary list of voters for each electoral district that is, or is within, the parish; and
2. a candidates' supplementary list of voters for each of those electoral districts;

2. provide, free of charge, a copy of each list prepared under paragraph (a) in relation to an electoral district to a person who –

1. has become a candidate for the election in accordance with Article 17H(4);
2. is a candidate for a constituency that is, or includes, the electoral district; and
3. requests a copy of those lists.

2. The electoral administrator for a parish must, in relation to a parish election –

1. prepare a candidates' primary list of voters for the electoral district that is the parish; and
2. provide, free of charge, a copy of the list prepared under paragraph (a) to a person who –

1. has been admitted as a candidate for the election in accordance with Article 18; and
2. requests a copy of the list.

12C  Candidates' lists of voters: opt-out notices

1. A person may opt out of inclusion in candidates' lists of voters by giving written notice to the relevant electoral administrator that their details are not to be included in lists prepared under Article 12B.
2. A person may revoke a notice given under paragraph (1) by giving written notice to that effect to the relevant electoral administrator (and, accordingly, the person ceases to be treated as having opted out for the purposes of Article 12A(1)(b) or (2)(b)).
3. A notice given by a person, under paragraph (1) or (2), to the electoral administrator for a parish –

1. must be in the form provided by the electoral administrator;
2. has effect in relation to candidates' primary and supplementary lists of voters;
3. has effect in relation to –

1. each public election held after the notice is given, except as provided by Article 12D(2)(a) and (4)(a); and
2. each parish election held after the notice is given, except as provided by Article 12D(6)(a); and

4. is treated as being revoked if –

1. the person is removed from the electoral register for an electoral district that is, or is within, the parish; and
2. the person is not (on removal from the electoral register referred to in clause (i)) to be included in the electoral register for any other electoral district within that parish.

4. In this Article, "relevant electoral administrator", in relation to a candidates' list of voters for an electoral district, means the electoral administrator for the parish that is the electoral district or in which the electoral district is located.

12D  Candidates' lists of voters: opt-out and revocation notices given close to

an election

1. Paragraph (2) applies, in relation to a public election, if a notice is given under Article 12C(1) or (2) –

1. after midday on the last working day before nomination day in relation to the election; and
2. at or before midday on the seventh working day before the day of the poll or polls for the election.

2. The notice –

1. does not have effect in relation to a candidates' primary list of voters for the election; but
2. in accordance with Article 12C(3)(c), has effect in relation to –

1. candidates' primary lists of voters for subsequent elections; and
2. candidates' supplementary lists of voters for that election and for subsequent elections.

3. Paragraph (4) applies, in relation to a public election, if a notice is given under Article 12C(1) or (2) after midday on the seventh working day before the day of the poll or polls for the election.
4. The notice –

1. does not have effect in relation to a candidates' supplementary list of voters for the election; but
2. in  accordance  with  Article 12C(3)(c),  has  effect  in  relation  to candidates' primary and supplementary lists of voters for subsequent elections.

5. Paragraph (6) applies, in relation to a parish election, if a notice is given under Article 12C(1) or (2) –

1. after midday on the last working day before nomination day in relation to the election; and
2. on or before the day of the poll for the election.

(6)  The notice –

1. does not have effect in relation to a candidates' primary list of voters for the election; but
2. in  accordance  with  Article 12C(3)(c),  has  effect  in  relation  to candidates' primary lists of voters for subsequent elections.

7  PAGE 21, ARTICLE 22 –

After Article 22, insert –

23  Article 72A (transitional provision: electoral registers) inserted

After Article 72 there is inserted –

72A  Transitional provision: electoral registers

1. An electoral administrator for a parish is not required to send any statements under Article 7(2) in 2025.
2. If an electoral administrator sends a statement under Article 7(2) to a person in 2025, the person is not required to comply with Article 7(3) in relation to that statement.
3. Article 7A does not apply in 2026.
4. The States may by Regulations –

1. make  provision  that  is  consequential  on,  or  incidental  or supplementary  to,  any  provision  of  the  Elections  (Electoral Registers) (Jersey) Amendment Law 202-;
2. make transitional or saving provision in connection with the coming into force of that Law.

5. The power to make Regulations under paragraph (4) –

1. must not be exercised after the end of 31 December 2026;
2. includes the power to amend, repeal or modify the application of this Law or any other enactment.

6. Paragraphs (1) to (3) are deleted at the end of 15 March 2026.

and renumber the subsequent Articles accordingly.

8  PAGE 21, ARTICLE 25 –

In Article 25 (renumbered as Article 26), for paragraph (2)(b) and (c) substitute –

2. paragraph (1) is deleted;
3. in paragraph (2) –

1. for "If paragraph (1) does not apply, the" there is substituted "The";
2. after  "lead  campaign  group"  there  is  inserted  "a  list  of  all residential addresses located in each electoral district that is, or is within, the parish.";
3. sub-paragraphs (a) and (b) are deleted;

PRIVILEGES AND PROCEDURES COMMITTEE

REPORT

The Privileges and Procedures Committee has reviewed the comments made during the debate on the principles of P.27/2025 on 13th May 2025, and the Assembly's decision to refer the matter back to it, in order to address some of the concerns raised.

One of the main issues raised during the debate, concerned the decision to remove the existing provision under Article 12 for candidates to have access to the electoral register in force for an election. PPC had suggested that, because Islanders would no longer be actively choosing to place their name on the register, the document should therefore not be public. The rationale for this was to respect personal data and to minimise the risk to Islanders where there could be a threat of personal harm to themselves or someone who resides with them, if their name and address details were to be made public.

However, during the course of the debate, it became clear that the Committee had overlooked the perceived impact of this proposal on candidates, who would be engaging directly with the electorate,  by  visiting  their  homes  during  the  election  campaign  period.  The  Committee recognised the concerns expressed in relation to candidate's safeguarding and accepted that some comfort would be derived from having access to the information held on the register during the campaign period, so that appropriate decisions could be made.

PPC considers that there is sufficient justification to close the register to the general public, but believes that this amendment provides a practical workaround which does not make campaigning for election harder or less safe for candidates, whilst equally providing protection for the public and their personal data.

PPC accepts that the process of door knocking during election time is a Jersey tradition, but there is a risk in canvassing on anyone's doorstep, whether you know their name or not. Although the amendment proposed will provide candidates with a list taken from data used to compile the electoral register, Islanders will be able to opt out of appearing on that list if they notify the electoral administrator of their Parish. As an additional measure, the Committee will be asking the Jersey Electoral Authority to provide guidance to all candidates to ensure they are mindful of safeguarding when conducting their campaigning in 2026.

This amendment proposes that candidates be provided with the list, once they have been formally declared a candidate at the end of the nomination process. At that point they will be required to register with the Jersey Office of the Information Commissioner under the  Data Protection (Jersey) Law 2018 and to complete a declaration prior to receiving the list. It is anticipated that this will serve as sufficient deterrent for anyone who might access or use the list improperly.

Financial and staffing implications

There are no financial or manpower implications – other than the administrative requirement to extract the information from the system to create the candidates' list.

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.