States' Assembly & Constitution Committee - P.2019/96
The States are asked to decide whether, after consideration of the policy letter entitled "Proxy Voting for Parental Absence" dated 9th September, 2019, they are of the opinion:-
1. To agree that the Rules of Procedure of the States of Deliberation and their Committees should be amended with immediate effect as follows:
a) for Rule 26.(2), substitute:
"(2) A Member may vote only from his or her seat in the States' Chamber (except where the Member has been issued with a certificate by the Presiding Officer to vote by proxy). In presidential elections where there are two or more candidates, a Member may vote only from a seat in the States' Chamber. Immediately before announcing his or her vote in a division (appel nominal), a Member must switch on his or her microphone and switch it off again immediately after he or she has voted.",
b) in Rule 26.(6), delete the words 'present and',
c) insert the following paragraphs immediately after paragraph (2) of Rule 26. and renumber the existing, subsequent paragraphs accordingly:
"(3) A Member may, by reason only of absence from a Meeting of the States of Deliberation for the purpose of childbirth or care for an infant or newly-adopted child, by written notice in the form set out in Schedule 4 to these Rules arrange for their vote to be cast in accordance with this Rule by another Member acting as a proxy (a proxy vote) for a maximum duration of six continuous months.
(4) A proxy vote may be cast on the following propositions:
a) original propositions (excluding any propositions from the Presiding Officer);
b) secondary propositions; and
c) amended propositions.
(5) A proxy vote may be cast only if the Presiding Officer has first certified that the Member for whom the vote is to be cast is eligible under the terms of this Rule and if that certificate, including the name of the Member nominated as a proxy, has been submitted to HM Greffier before the commencement of the States Meeting in question.
(6) A vote cast by a proxy shall be clearly indicated as such in the Official Report and voting records published.",
d) at the end of Rule. 26, immediately after paragraph (12) (as renumbered in accordance with paragraph c) of this Proposition), insert the following paragraph:
"(13) The provisions of this Rule that enable a Member to vote by proxy do not apply to the Alderney Representatives;
an Alderney Representative may act as a proxy for another Member, other than a Member who is an Alderney Representative.",
e) in Rule 30. (1) at the end of the definition of "Member", insert "(and note qualification in Rule 26 (13) for purposes of proxy voting)", and
f) insert the 'Application for Proxy Voting for Parental Absence' form at Appendix I as Schedule 4 to the Rules of Procedure of the States of Deliberation and their Committees.
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications.