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Cruachan
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The timing of by-electionsBy-elections two nations, and four months, apart
We will see tomorrow whether Gordon Brown calls for the Glasgow North East by-election in August or November. Meanwhile the Norwich by election - caused by a resignation within days of Michael Martin giving up the office of Speaker and his Glasgow seat - takes place this week.
For a man who says he wants to clean up politics and brings forward a Constitutional Reform Bill following the expenses saga, Brown just can't seem to help himself from gerrymandering the political process. The Westminster rules of course let him do this. Just like the expenses issue, following the rules doesn't make it right. How is this helping rebuild people's faith in politics?
If we are to move to fixed term Parliaments for Westminster (following the good example of Holyrood (and most other modern democracies) then surely the timing of byelections should also be taken away from the Governing party.
All by-elections should be held within, say, 90 days of the resignation or death or a sitting MP. Seems reasonable and fair - which means of course that it is unlikely to happen. 
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Holebender
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Does anyone know the rules governing the timing of by-elections for Holyrood? I know I could look it up, but I just wondered if anyone knew already.
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Aventinian
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| Holebender wrote: | | Does anyone know the rules governing the timing of by-elections for Holyrood? I know I could look it up, but I just wondered if anyone knew already. |
The Presiding Officer gets to choose the date, within a certain time limit.
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babykitten
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| Aventinian wrote: | | Holebender wrote: | | Does anyone know the rules governing the timing of by-elections for Holyrood? I know I could look it up, but I just wondered if anyone knew already. |
The Presiding Officer gets to choose the date, within a certain time limit. |
Any idea what that time limit is? Or do you mean the Presiding Officer decides the time limit on a case by case basis?
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Aventinian
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9 Constituency vacancies
(1) Where the seat of a constituency member is vacant, an election shall be held to fill the vacancy (subject to subsection (4)).
(2) The date of the poll shall be fixed by the Presiding Officer.
(3) The date shall fall within the period of three months—
(a) beginning with the occurrence of the vacancy, or
(b) if the vacancy does not come to the notice of the Presiding Officer within the period of one month beginning with its occurrence, beginning when it does come to his notice.
(4) The election shall not be held if the latest date for holding the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).
(5) For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders.
(6) A person may not be a candidate at such an election if he is a member of the Parliament or a candidate in another election to fill a vacancy.
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