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

STATES OF JERSEY

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

Lodged au Greffe on 26th August 2025 by Deputy M. Tadier of St. Brelade

Earliest date for debate: 9th September 2025

STATES GREFFE

2025  P.56/2025 Amd.(4)

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

1  PAGE 16, ARTICLE 9 –

In the inserted Article 6B(1), for "7 June 2026" substitute "3 May 2026". 2  PAGE 16, ARTICLE 10 –

For the inserted Article 6C substitute –

6C  Ordinary elections for Senators and Deputies: 2030 onwards

1. An ordinary election for Senators is to be held in 2030.
2. After 2030, a subsequent ordinary election for Senators is to be held in the fourth calendar year (an "election year") following that in which the previous ordinary election was held.
3. An ordinary election for Deputies is to be held in 2030.
4. After 2030, a subsequent ordinary election for Deputies is to be held in each election year.
5. The States –

1. may by Act appoint the date in 2030, and in each subsequent election year, on which –

1. the ordinary election for Senators is to be held; and
2. the ordinary election for Deputies is to be held;

2. must not appoint a date under sub-paragraph (a) that would result in an ordinary election for Deputies, in 2030 or a subsequent election year, being held on or before the date on which an ordinary election for Senators is to be held in that year.

3  PAGE 18, ARTICLE 17 –

1. Delete paragraph (2) and renumber the subsequent paragraph accordingly.
2. In paragraph (3) (renumbered as paragraph (2)), for "for Senators, Deputies or Connétable s" substitute "for Senators or Deputies under this Law, or for Connétable s under Article 2 of the  Connétable s (Jersey) Law 2008".

4  PAGE 23, ARTICLE 32 –

1. After paragraph (2) insert –
   3. In paragraph (2), for "(2AA)(a)" there is substituted "(2AA) and (2AAA)".
2. Renumber the subsequent paragraphs accordingly.
3. For paragraph (3) (renumbered as paragraph (4)) substitute –
   3. For paragraph (2AA) there is substituted –

(2AA)  In  the  case  of  an  order  in  respect  of  a  public  election,

paragraph (2)(a) does not apply if the date of the public election has been appointed by the States by Act under –

1. Article 6C  of  the  States  of  Jersey  Law 2005 (ordinary elections for Senators and Deputies: 2030 onwards); or
2. Article 2  of the   Connétable s  (Jersey)  Law 2008 (ordinary elections for Connétable s).

(2AAA)  If paragraph (2)(a) applies in relation to an election required under

Article 6C of the States of Jersey Law 2005, the Royal Court must not fix a date that would result in an ordinary election for Deputies in a particular year being held on or before the date on which an ordinary election for Senators is held in that year.

(2AAB)  If the order is made in respect of an ordinary election for Senators,

held in a particular year under Article 6C of the States of Jersey Law 2005, the date fixed under paragraph (2)(c) must be within the period of 14 days beginning with the day of the ordinary election for Deputies held in that year under that Article.

(2AAC)  If an order is made in respect of an ordinary election for Deputies

under  Article 6C  of  the  States  of  Jersey  Law 2005,  or  for Connétable s under Article 2 of the  Connétable s (Jersey) Law 2008, the date fixed under paragraph (2)(c) must be –

1. as early as reasonably practicable; and
2. in any event, within the period of 14 days beginning with the day of the election.

5  PAGE 23, ARTICLE 33 –

In the inserted Article 17AA –

1. for paragraph (2)(b) substitute –
   2. the date fixed –

1. must be at least 38 days after the day on which the order is made; and
2. must not result in the election being held on or before the date on which an ordinary election for Senators is held in 2026.

2. in paragraph (3), after sub-paragraph (a) insert –
   2. paragraphs (2AAB) and (2AAC);
3. renumber the subsequent sub-paragraph accordingly;
4. delete paragraph (4) and renumber the subsequent paragraph accordingly.

6  PAGE 24, ARTICLE 36 –

In the inserted Article 17BA –

1. in paragraph (1), after "This Part" insert ", except Article 17I,";
2. after paragraph (2) insert –

(3)  Article 17I does not apply in relation to a public election held in 2026 for Connétable s under Article 2 of the  Connétable s (Jersey) Law 2008;

3. renumber the subsequent paragraph accordingly.

7  PAGE 24, ARTICLE 36 –

1. After Article 36 insert –

37  Article 17C (nomination of a candidate) amended

In Article 17C(3)(a), for "at least 6 weeks before, but no more than 7 weeks before" there is substituted "at least 25 days before, but no more than 30 days before".

2. Renumber  the  subsequent  Articles  and  cross-references  (including  those  in Article 65, renumbered as Article 66) accordingly.

8  PAGE 26, ARTICLE 40 –

For Article 40 (renumbered as Article 41) substitute –

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

1. This Article amends Article 17H.
2. In paragraph (2)(b), for "5 weeks" there is substituted "20 days".
3. In paragraph (3)(b), for "constituency" there is substituted "(in relation to an election for the office of Deputy or Connétable ) the constituency".

9  PAGE 33, ARTICLE 60 –

In Article 60 (renumbered as Article 61) –

(a)  after paragraph (2) insert –

(3)  After Article 1A there is inserted –

1B  2026 ordinary election for Senators: "regulated period"

1. Article 1A does not apply in relation to an ordinary election for Senators held under Article 6B of the States of Jersey Law 2005 (the "2026 ordinary election for Senators").
2. In this Law, "regulated period", in relation to the 2026 ordinary election for Senators, means the period –

1. beginning with the day on which Article 9 of the Elections (Senators)  (Jersey)  Amendment  Law 202-  comes  into force; and
2. ending with the day on which election is held.

3. This Article is deleted at the end of 31 December 2026.

(b)  renumber the subsequent paragraph accordingly.

10  PAGE 34, ARTICLE 65 –

In Article 65 (renumbered as Article 66) –

1. in paragraph (2)(l), for "(3) and (4)" substitute "(3), (4) and (5)";
2. in paragraph (3) –
   1. for "7 June 2026" substitute "3 May 2026";
   2. delete sub-paragraph (a);
   3. renumber the subsequent sub-paragraphs accordingly;
3. after paragraph (3) insert – (4)  Article 3 comes into force on 7 June 2026.
4. renumber the subsequent paragraph accordingly.

DEPUTY M. TADIER OF ST. BRELADE

REPORT

Summary

If adopted, this amendment would bring forward the election for Senators to take place a month before the election for Deputies and Constables.

Revised Timeline

This amendment proposes setting the date for the Senatorial election on Sunday 3rd May, with the election for Deputies and Constables remaining on Sunday 7th June.

The amendment proposes empowering the Jersey Electoral Authority to set the nomination period for candidates for both elections to begin no earlier than 30 days before the election and no later than 25 days before the election. This will give the JEA the flexibility to set these dates conveniently around weekends or public holidays, whilst potentially being able to fulfil the requirement to extend the nomination period by two days if not enough nominations to fill the vacant roles are received.

Therefore, it is anticipated that the schedule chosen for the 2026 election will be:

7th April – Nominations for Senator open

3rd May – Election for Senators

11th May – Nominations for Deputy and Constable open

7th June – Election for Deputies and Constables [1]

No change is required for when the final States sitting of this term of office will take place. Purpose

The purpose of this amendment is to ensure voters have the widest possible democratic choice at the election next year, in a process that is more engaging and voter-friendly, whilst more truly respecting the heritage of the Senatorial role that existed from 1948 to 2022.

Heritage

Of the 74 years of the existence of the position of Senator, for 63 of those years, the Senators had been elected one month prior to the election for Deputies.

It was only in 2011 that elections for all categories of States Member were merged into a single day.  It  had  been  anticipated  that  holding  the  vote  on  one  day  would  help increase  voter engagement. However, voter turnout statistics [2]show that it had the opposite effect. Whilst turnout increased by 1.4% (to 45.6%) in 2011, by the following election it had slumped to 39.8%, lower than every Senatorial election held from 1990 to 2008. The 1993 Senatorial election reached a high mark of 50.4%.

Having multiple categories of politician is relatively unique to Jersey, as it is not a common feature of parliamentary democracies. A single election day makes perfect sense in a system where all members are elected on a common mandate. It does not make sense for a system like Jersey where the mandate of members varies. This is no doubt why the system worked as it did for 63 years, and why it failed to achieve its aim when it was eventually changed.

Reinstating the approach of staggered elections aligns the reintroduction of Senators to the original logic and tradition underlying the office.

Engagement

The simpler a voting system is, the easier it will be for voters to engage with.

As it stands, if P.56/2025 is adopted unamended, next year's election will be conducted under the most complex system that Jersey has ever had. It will be more complicated than that which existed between 2011 and 2022 as the Deputy districts are now either supra-Parish, aligned with the Parish, or sub-Parish. Whereas in the past the Deputy districts were only either aligned with the Parish or sub-Parish.

It is therefore inevitable that a substantial part of the election process will involve explaining the system and educating voters on how it works, rather than solely focusing on the political subjects that are likely to actually motivate voters to turn up to the polls (healthcare, housing, the economy etc). When the act of voting becomes a puzzle, attention drifts from the issues that matter to the mechanics of the ballot itself.

By splitting the election for Senators from the Deputies and Constables elections, voters can take part in a focused election where all attention is on that particular campaign and mandate, without having to simultaneously make all the same considerations for their Parish/ district election.

All elections are important, but it is likely that the attention to the Parish/district elections will be diluted if held during the same time that an Island-wide election is being held. The focus and media attention will no doubt be aimed more at the Island-wide campaign, leaving the Parish/district elections fighting for coverage. Given that Deputies will still make up a majority of the membership of the Assembly even with the return of Senators, it is senseless for their election to be overshadowed by an election for a small minority of the membership of the Assembly.

Splitting these elections resolves this problem and allows all elections to receive the attention and scrutiny they deserve.

Democratic choice

The stated purpose of reintroducing Senators is to give voters a greater democratic choice. But for voters to have a proper choice, there must be an adequate supply of candidates from which to choose from.

Having different categories of States Member forces candidates to make cold calculations on where they stand and for what role, based on where they think they have the best chance, rather than the simple choice of "do I stand or do I not stand?". By giving greater choice to candidates on what role to stand for, this creates a risk of some roles being over-contested whilst others are under-contested.

If Senators are re-instated, then incumbent Deputies wishing to continue to serve as a States Member will have to judge whether to take the gamble of running for Senator (and perhaps pitching themselves for a more senior executive role) or being seen to play it safe by running for their Deputy seat, and creating a perception that they have less of a mandate for a more senior role which they may in reality be perfectly qualified for.

If too many incumbent members choose to run for Senator, then the Assembly will inevitably lose out on talented and experienced members who otherwise may have got back in as a Deputy . If not enough incumbent members choose to do this, then the Senatorial benches may be filled with less experienced and untested members.

Separating the elections is therefore likely to provide more choice for the electorate. It allows for a fully free Senatorial contest, including incumbents aspiring to a more senior role and new blood wishing to enter the political arena, with the result properly reflecting the desires of the whole Island.

This is precisely how the system worked for decades.

Those candidates who are unsuccessful but have a good enough showing could then run for Deputy (or Constable) knowing that they will probably have to moderate their expectations for a more senior role if elected, but still have an opportunity to contribute, if that is what the electorate of their district/Parish wanted.

At the Parish Hall meetings held earlier this year, some contributors offered reflections of the benefits they felt were inherent in the old system, allowing them to signify who they wanted in the senior roles, whilst still having the choice to keep some candidates in the States who they believed needed more time and experience before "stepping up".

Compromise

The subject of electoral reform has been deeply divisive in Jersey politics. The only way that progress can be achieved with enough buy-in from across the political divides to make it sustainable is with sensible compromise.

The reforms for the 2022 election were supported by a coalition between those who favoured a simpler and more equitable voting system, with those who prioritised the Parish link through the presence of the Constables in the States. By breaking this coalition with the reintroduction of Senators, a new coalition must be sought to leave this system on a sustainable footing. P.2/2025 was adopted by the Assembly with only the minimum number of votes it needed to pass. The fifth amendment to P.2/2025 was only narrowly defeated but may well have been adopted had there been a full attendance in the Assembly at that moment.

This amendment offers the opportunity to mitigate some of the issues that arise by reinstating Senators, such as making the system more complex and potentially distorting the result because of the imbalance in placement of candidates. By providing this mitigation a new coalition can be formed that will soften the divisiveness of the subject and allow States Members from all sides of the political spectrum to get back to focusing on the issues that matter to Islanders.

Administration

Holding one election followed by a subsequent one a month later is something that Jersey's authorities were used to running for decades, and it is a common practice in many other jurisdictions. However, returning to this practice after a period without it poses some challenges, but none are insurmountable.

Whilst some processes will have to be repeated a month later, it will be with a reduced burden, since three elections processes will not be conducted simultaneously. For example, the nomination process will be easier to manage, as there will be fewer candidates whose paperwork must be processed and verified each time. The vote counting process will also be more efficient, as they will be done separately. This will avoid peak pressures that can risk overwhelming the system.

It will also make arranging hustings easier, as it will be less likely that conflicts may arise.

Financial and staffing implications

If this amendment is adopted, it is inevitable that some costs must be duplicated. But in the grand scheme of things, Jersey's elections are inexpensive, thanks in no small part to the Islanders who volunteer their time for free to support our democratic processes.

Below are the figures for costs for the last election.

In terms of the balance of value for money and public interest, it is my belief that the benefits of having the elections for Senators separate to the those of other Members outweighs any financial cost that would be incurred.

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.

[1]1 Currently, the proposed nomination period for all candidates is from 20 April 2025 with nominations closing on 24 April. The overall election period will therefore be extended by two weeks, but the individual election periods will be expedited.

[2]2 Previous Elections | Vote.je