States Assembly & Constitution Committee - P.2022/15
The States are asked to decide:
Whether, after consideration of the policy letter entitled 'Simultaneous Electronic Voting in the States of Deliberation' dated 31st January 2022 they are of the opinion:-
Proposition 1. To approve the introduction of the system of simultaneous electronic voting, as detailed in this policy letter, for an initial three-year term.
Proposition 2. To agree that the Rules of Procedure of the States of Deliberation and their Committees should be amended, immediately prior to the system being operational in the States of Deliberation, as follows:
a) for Rule 26, substitute:
"Closure and voting
26. 'Guillotine' motion
(1) A Member who has not already spoken in the debate, otherwise than in pursuance of Rule 17(3), (11) or (12), may at any time (but without interrupting another Member who is addressing the Meeting) request the Presiding Officer to close a debate on any matter (including an amendment or a sursis). Neither the Member making that request nor any other may address the Meeting about it. Members who would be entitled to speak and who would intend to speak should the debate continue shall be invited by the Presiding Officer to stand in their places, and thereafter the Presiding Officer shall ask the Member making the request to close the debate whether he or she still so requests, and if he or she does still so request the Presiding Officer shall put the said request to the vote and if the majority of the Members voting support it then (except that the President, Policy & Resources Committee shall be entitled to comment on any financial implications, if he or she has not already done so, and subject to Rules 17(2), 24(7) or 28(3)), the debate shall be closed, and (subject to Rule 27) the matter shall be put to the vote.
26A. Proxy voting
(1) 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.
(2) The Presiding Officer may, from time to time, upon representations from the Civil Contingencies Authority in light of circumstances prevailing in the Island, prescribe certain reasons for absence ('Authorised Absence') from a meeting of the States, which shall entitle a Member to arrange for their vote to be cast by another Member acting as a proxy (a proxy vote) if their circumstances require them to take an Authorised Absence from one or more States Meetings. The manner in which the proxy arrangements between Members will operate in respect of an Authorised Absence will be as directed by the Presiding Officer. Proxy voting arrangements in respect of an Authorised Absence shall only be valid during the period prescribed by the Presiding Officer.
(3) 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.
(4) A proxy vote, other than one being cast pursuant to Authorised Absence, 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 the Greffier before the commencement of the States Meeting in question.
(5) A vote cast by a proxy shall be clearly indicated as such in the Official Report and voting records published.
(6) The provisions of paragraph (1) that enable a Member to vote by proxy do not apply to the Alderney Representatives;
Provided that:
an Alderney Representative may act as a proxy for another Member, other than a Member who is an Alderney Representative.
26B. Voting - General Provisions
(1) A Member may vote only from a 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.
(2) On the announcement of the result of a division, any Member may challenge the accuracy thereof and thereupon a fresh division shall take place. Such further division cannot be challenged.
(3) Unless otherwise stated, in order for a proposition to be carried it needs to be supported by the nearest whole number above one-half of the Members voting on the proposition.
(4) Where a Proposition is rejected which had proposed that a particular action not be taken, such rejection is not a positive instruction for the action to be undertaken.
26C. Vote taken using the electronic voting system
(1) A vote shall be taken using the electronic voting system, unless:
(a) there is a requirement that the vote is taken by secret ballot;
(b) it is a vote on a procedural motion where no division is requested; or
(c) it is unavailable.
(2) The Presiding Officer shall ask the Greffier to open the vote.
(3) A Member shall -
(a) select the appropriate button to vote or, if he or she so wishes, to record his or her abstention; or
(b) absent themselves from the vote.
(4) The Presiding Officer, when satisfied that Members have been allowed sufficient time to vote or record their abstention, shall ask the Greffier to close the vote.
(5) The Presiding Officer shall then -
(a) announce the number of Members voting "Pour" and "Contre" respectively, the number of Members whose abstention has been recorded and the number of Members absent; and
(b) declare the result of the vote.
(6) The voting record will be displayed on Members' devices and online via the States of Guernsey website.
26D. Manner of taking vote when electronic voting system unavailable
(1) In the event the electronic voting system is unavailable, a Member will announce his or her vote or abstention in a division (appel nominal) and immediately before such an announcement must switch on his or her microphone and switch it off again immediately after he or she has voted or abstained.
(2) The order of voting on a division at any Meeting of the States shall be the same for each division taken at that Meeting (including a Meeting adjourned in accordance with Rule 6, and including a division on a matter adjourned from a previous meeting) but shall be rotated by groups of five members, listed alphabetically, between each Meeting and the next.
26E.Manner of taking votes on a procedural motion
(1) A vote shall be taken de vives voixon a procedural motion unless a Member requests a division.
(2) Where voting is carried out de vives voix, any Member may, before the Presiding Officer rules that the matter was carried or was lost, or immediately after such a ruling, claim a division. m"
b) in Rule 11.(5), for "Rule 26(8)" substitute "Rule 26D(2)":
c) in paragraph (1) of Rule 30 in the definition of "Member", for "Rule 26(13)" substitute Rule 26A(6) and insert the following definitions:
""division" means a vote taken using the electronic voting system or, unless it is unavailable, an appel nominal.
"procedural motion" means any proposition or motion which is not an original or secondary proposition."
Proposition 3. To agree that paragraph (3) of Rule 16 of the Rules of Procedure of the States of Deliberation and their Committees should be amended, immediately prior to the system being operational in the States of Deliberation, as follows -
a) For "Where, in any election by the States, the number of candidates exceeds the number of vacancies:", substitute:-
In any election or appointment by the States, voting shall be carried out by secret ballot. Where the number of candidates exceeds the number of vacancies":
b) Delete subparagraph (a);
c) Re-designate subparagraphs (b), (c) and (d) as (a), (b) and (c).
Proposition 4. To rescind States' Resolutions 2 and 3 on Article 6 of Billet d'État XX dated 20th August 2010, 'Record of Members' Attendance at Meetings of the States of Deliberation, the Policy Council, Departments and Committees and Sub-Committees Thereof'.
