Draft Elections (Senators) (Jersey) Amendment Law 202- (P.56/2025): second amendment

STATES OF JERSEY

DRAFT ELECTIONS (SENATORS) (JERSEY) AMENDMENT LAW 202- (P.56/2025): SECOND AMENDMENT

Lodged au Greffe on 22nd August 2025 by the Comité des Connétable s

Earliest date for debate: 9th September 2025

STATES GREFFE

2025  P.56/2025 Amd.(2)

DRAFT ELECTIONS (SENATORS) (JERSEY) AMENDMENT LAW 202- (P.56/2025): SECOND AMENDMENT

PAGE 18, ARTICLE 11 –

In the inserted Article 6G(5), for "6 months" substitute "9 months".

COMITÉ DES CONNÉTABLES

REPORT

1. P.56/2025 will insert Article 6G in the States of Jersey Law 2005. This provides that if a casual vacancy for Senator or Deputy 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 (and the vacancy may be filled at the next ordinary election).
2. The 6-month period is the current timeframe and was originally introduced in 2011 (see L.13/2011) when it replaced the timeframe for a casual vacancy occurring "after 31st March immediately preceding" an ordinary election. At that time elections for Senators were held around mid-October and for Deputies around mid-November so the cut-off period was actually 6½ to 7½ months prior to the election.
3. Also at that time, the Standing Orders of the States of Jersey provided that "the States shall not meet during any period of 21 days ending with an ordinary election for Senators or an ordinary election for Deputies".
4. However, the Draft Amendment (No. 53) of the Standing Orders of the States of Jersey (P.66/2021) amended Standing Order 7 (Times when States shall not meet) to define the proroguing period as commencing one week before the week in which nominations are announced until the election day. For an ordinary election, the JEA determines the nomination period (Article 17C of the Elections (Jersey) Law 2002) which must begin at least 6 weeks before, but no more than 7 weeks before, the polling day.
5. In 2018, the election day moved to the spring and elections for Senators, Connétable s and Deputies were held on 16 May 2018, with June polling days in 2022 and 2026. The 6 months prior to the ordinary election therefore includes the Christmas and New Year holiday periods.
6. The effect of these changes to timescales and dates can be seen in the PPC report R.99/2025 which sets out the dates for States sittings in 2026:

• Last States sitting 30 March 2026

• Nomination period begins 20 April 2026 (closes 22 April 2026)

• Announcement of candidates 27 April 2026

• Polling day 7 June 2026

• First sitting to elect Chief Minister Designate 19 June 2026

7. Should a casual vacancy occur by early December 2025, the Elections Law requires:

1. the Royal Court to set a date for the poll not earlier than 38 days after the date it makes the order (Article 17)
2. the JEA to determine –

1. the nomination period (Article 17C - must begin not more than 7 days after the election order is made) and
2. postal voting and pre-poll voting arrangements and

3. the person elected would take their oath within 14 days of the poll.

8. A minimum of 6-7 weeks will likely be required but possibly longer particularly if it covers the Christmas/New Year period.
9. Applying the above dates, the earliest a poll might be held is therefore late January 2026. The person elected would be sworn in early February so would hold office for up to c. 8 weeks before the States prorogue.
10. Given the tight timescales to hold a by-election preceding a spring general election and that, due to the States proroguing, the person elected would be in office for only a few weeks before the nomination process for the ordinary election commences, the Comité des Connétable s invites States members to consider this an amendment to increase the period in Article 6G from 6 months to 9 months.

11. For Connétable s, a by-election to fill a casual vacancy is not ordered if the vacancy is less than 2 months before an ordinary election – see Article 3 of the   Connétable s (Jersey) Law 2008. P.184/2007 is silent as to the reasons for the time period being 2 months but, since then, the  Connétable s (Miscellaneous Provisions) (Jersey) Law 2012 provides for the senior Procureur du Bien Public (or junior, if they agree) to exercise the functions of Connétable including in the event of the Connétable of a parish "no longer holding office for any reason pending that office being filled in accordance with any other enactment" (Article 5(c)).
12. Should this amendment be adopted by the States, the Comité will bring forward a similar amendment to Article 3 of the  Connétable s (Jersey) Law 2008 to provide that a by-election to fill the office of Connétable is not held if the vacancy occurs less than 9 months before an ordinary election. Standing Order 20 of the States of Jersey (Content of proposition) precludes this being included as an amendment to P.56/2025.

Financial and manpower implications

If adopted, this would reduce the financial and staffing implications for the States and Parishes as a by-election would not be held within 9 months, rather than 6 months, of an ordinary election.

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.