Editing Writ of election

{{Short description|Official writ calling for an election}}
{{EngvarB|date = February 2019}}
{{Redirect|Dropping the writ|the Cass McCombs album|Dropping the Writ}}
{{Use dmy dates|date=December 2021}}
[[File:D. Christopher Jessen, Deputy Provost Marshall, to Freeholders of Lunenburg Township and County - election writ for the second assembly.png|thumb|Election writ issued by the provost marshal to freeholders of [[Lunenburg, Nova Scotia]], 1759]]

A '''writ of election''' is a [[writ]] issued ordering the holding of an election. In [[Commonwealth countries]] writs are the usual mechanism by which [[general election]]s are called and are issued by the [[head of state]] or their representative. In the United States, writs are more commonly used to call [[special election]]s for political offices.

In some countries, especially in [[Canada]],<ref name="CBC News">Haydn Watters, [https://www.cbc.ca/news/politics/writ-drop-drawn-federal-election-1.5258112 "Many writs, no 'dropping': What the election call actually means"], ''CBC News'', September 11, 2019</ref> the process of issuing writs of election is referred to as "'''dropping the writ'''",<ref name="Bhatia2010"/> likely derived from the phrase "drawing up [[the writ]]".<ref name ="Statutes of the Province of Manitoba" />

In some [[parliamentary system]]s, the [[head of government]] (e.g. prime minister or premier) [[Advice (constitutional law)|advises]] the head of state to issue writs of election (typically following the [[dissolution of parliament]] in order to hold general elections, but also for by-elections). The head of state usually reserves the right to refuse the request, in which case the head of government is required by [[Constitutional convention (political custom)|convention]] or statute to resign. For example, in the case of a [[minority government]], the head of state can deny the request for dissolution and ask the leader of another parliamentary party to form a government.<ref>{{cite book |last1=Butler |first1=David |title=Surrogates for the Sovereign: Constitutional Heads of State in the Commonwealth |date=18 June 1991 |publisher=Springer |isbn=978-1-349-11565-5 |pages=264–5 |url=https://books.google.com/books?id=UuSuCwAAQBAJ |language=en}}</ref><ref>As happened in the Canadian King–Byng Affair: {{Cite book |last1=Williams |first1=Jeffery |title=Byng of Vimy: General and Governor General |publisher=University of Toronto Press |year=1992 |page=305 |location=Toronto |isbn=978-0-436-57110-7 |url=https://archive.org/details/byngofvimygenera0000will/page/305}}</ref> In some cases, such as with the [[president of Ireland]],<ref>{{cite book |last1=Farrell |first1=David M. |last2=Hardiman |first2=Niamh |title=The Oxford Handbook of Irish Politics |date=2021 |publisher=Oxford University Press |isbn=978-0-19-882383-4 |page=372 |url=https://books.google.com/books?id=tCg7EAAAQBAJ |language=en}}</ref> there are specific limitations on when a head of state can refuse the request. Even then, the right is rarely exercised, as it is likely to precipitate a [[constitutional crisis]] (see, for example, the Canadian [[King–Byng Affair]] of 1926).<ref>{{cite encyclopedia |last1=Forsey |first1=Eugene A. |last2=Tattrie |first2=Jon |author1-link=Eugene Forsey |title=King-Byng Affair |url=https://www.thecanadianencyclopedia.ca/en/article/king-byng-affair |encyclopedia=[[The Canadian Encyclopedia]] |access-date=23 January 2023 |date=July 30, 2013}}</ref>

== Timing ==
Usually, according to parliamentary law, the head of government must regularly call an election but it is otherwise within their discretion when to drop the writ, up to the time when the [[parliament]] has served its full [[parliamentary term|term]]. At that point, an election must be called by issuing the writs.  An exception to this principle is if a [[fixed-term election]] law has been enacted.<ref name="glossary">{{cite web |title=Writs |url=https://www.parliament.uk/site-information/glossary/writs/ |work=Glossary |publisher=UK Parliament |access-date=22 January 2023}}</ref>

In some [[states and territories of Australia]], such as [[New South Wales]], [[Victoria (Australia)|Victoria]], [[South Australia]], and the [[Australian Capital Territory]], it is normally required by law that the parliament must run its full term before issuing the writs. Early dissolutions are allowed by the governor (NSW, Vic, SA) or federal minister for territories (ACT) only if certain objective criteria are met – in particular, if the parliament is unable to agree on the annual [[budget]]. Similarly, in [[New Zealand]], it is the norm for parliament to run full term (or very close to full term) unless the prime minister cannot govern or feels they must bring an important issue before the nation.<ref>{{cite news |title=Editorial: Political farce, but no early election |url=https://www.nzherald.co.nz/nz/ieditoriali-political-farce-but-no-early-election/53OMXUIMT5KWURBGAUWOVYH3FM/ |access-date=23 January 2023 |work=[[The New Zealand Herald]] |date=9 May 2002 |language=en-NZ}}</ref>

Opposition parties can bring down the government by passing a [[motion of no confidence]], in which the prime minister is required by convention or specific law to either drop the writ or resign; parliaments do not have the right to force the prime minister to drop the writ.

==Practice by country==

===Australia===
In [[Australia]], writs for election are issued by the [[Governor-General of Australia|governor-general]] for the [[Australian House of Representatives|House of Representatives]] within 10 days of the dissolution or expiration of the House and by the [[Governors of the Australian states|state governors]] for the election of [[Australian Senate|senators]] for their respective states, while writs for the election of territory senators are issued by the governor-general.<ref>Constitution ss.12 and 32; [http://www.comlaw.gov.au/Details/C2014C00616 Commonwealth Electoral Act 1918 (Cth)] ss. 151 and 154</ref> State governors also issue writs for elections of their respective [[Parliaments of the Australian states and territories|state parliaments]].

The writs are issued to the relevant electoral officer or [[returning officer]], as the case may be, who returns them after the election has been held within a fixed period.<ref>{{cite web
| url         = http://www.aec.gov.au/Elections/australian_electoral_system/electoral_procedures/Federal_Election_Timetable.htm
| title       = Federal Election Timetable
| publisher   = Australian Electoral Commission
| access-date  = 27 March 2011}}</ref>

===Canada===
In Canada, a writ is the only way of holding an election for the [[House of Commons of Canada|House of Commons]]. When the government wants to or, is required to, dissolve Parliament, a writ of election is drawn up for each [[electoral district (Canada)|riding]] (electoral district) in Canada by the [[Chief Electoral Officer of Canada|chief electoral officer]].<ref>{{cite web
| url         = http://www2.parl.gc.ca/marleaumontpetit/DocumentViewer.aspx?Sec=Ch04&Seq=5&Lang=E
| last        = Marleau
| first       = Robert
|author2=Montpetit, Camille
 | title       = The House of Commons and Its Members – The Writ of Election
| work        = House of Commons Procedure and Practice
| access-date  = 27 March 2011
}}</ref> They are then formally issued by the [[Governor General of Canada|governor general]]. Similarly where a single riding becomes vacant, a writ is issued to trigger the [[List of federal by-elections in Canada|by-election]] for that seat. A writ with the name of the successful candidate noted on its back will be returned to the chief electoral officer.<ref>{{cite web |title=The writ of election |url=https://www.elections.ca/content.aspx?section=vot&dir=bkg&document=writ&lang=e |website=www.elections.ca |publisher=[[Elections Canada]] |access-date=22 January 2023 |date=9 August 2022}}</ref>

===="Dropping the writ"====
An informal term used in Canada to describe the issuing of writs of election is "dropping the writ".<ref name="CBC News">Haydn Watters, [https://www.cbc.ca/news/politics/writ-drop-drawn-federal-election-1.5258112 "Many writs, no 'dropping': What the election call actually means"], ''CBC News'', September 11, 2019</ref><ref name="Student Votes"> [https://studentvote.ca/federal2015/dropping-the-writ-how-a-federal-election-is-called/ "Dropping the Writ: How A Federal Election is Called"], ''studentvote.ca'', July 30, 2015</ref> The usage of the word ''drop'' in this context is likely derived from the phrase "draw up".<ref name ="Statutes of the Province of Manitoba">{{Citation | title = Statutes of the Province of Manitoba | place = Manitoba | publisher = Queen's Printer | year = 1887 | page = 148 | url = https://books.google.com/books?id=yKdRAAAAYAAJ}}</ref>{{verify inline|date=January 2023}} Although it is still considered stylistically inappropriate by some,<ref name="CBC News" /> who assert that the correct phrase is "the writs are issued",<ref>{{cite news |last1=Dickson |first1=Janice |title=Writ's end: Everybody please stop saying 'drop the writ' |url=https://ipolitics.ca/2015/07/31/writs-end-everybody-please-stop-saying-drop-the-writ/ |access-date=22 January 2023 |work=www.ipolitics.ca |date=July 31, 2015 |language=en}}</ref> or the "writs are drawn up",<ref>{{citation |title=Season 1 Episode 38 - Nerds On Politics: Why You Never 'Drop' A Writ |url=https://www.tvo.org/video/nerds-on-politics-why-you-never-drop-a-writ |website=www.tvo.org |publisher=[[TVO]] |access-date=23 January 2023 |language=en}}</ref> the term has been recorded in academic text.<ref name="Bhatia2010">{{cite book |last1=Bhatia |first1=Prof Dr K. L. |title=Textbook on Legal Language and Legal Writing |date=2010 |publisher=Universal Law Publishing |isbn=978-81-7534-894-3 |page=356 |url=https://books.google.com/books?id=wg1dvc2lfcEC |language=en}}</ref>

===New Zealand===
In [[New Zealand]], the [[Electoral Act 1993]] mandates that, following the dissolution of Parliament, the [[Governor-General of New Zealand|governor-general]] signs only a single writ instructing the [[Electoral Commission (New Zealand)|Electoral Commission]] to hold a [[elections in New Zealand|general election]].<ref name="Electoral Act 1993">{{cite act |date=17 August 1993 |article=125, 129 |article-type=Sections |legislature=[[New Zealand Parliament]] |title=Electoral Act |page= |url=https://www.legislation.govt.nz/act/public/1993/0087/latest/DLM309425.html?search=sw_096be8ed81c8edef_125_25_se&p=1&sr=1 |language=en-NZ |access-date=23 January 2023}}</ref> After the general election has been held, the writ is returned to the [[Clerk of the New Zealand House of Representatives|clerk of the House of Representatives]] with the names of all successful candidates who have been elected to [[New Zealand electorates|electorate seats]].<ref>{{cite web |title=Writ-ten in the stars |url=https://www.parliament.nz/mi/visit-and-learn/parliament-in-election-year/writ-ten-in-the-stars/ |website=www.parliament.nz |publisher=New Zealand Parliament |access-date=23 January 2023 |language=en-NZ |date=22 September 2020}}</ref> A writ will also be issued when a by-election is held.<ref name="Electoral Act 1993"/>
===United Kingdom===
{{See also|Dissolution of the Parliament of the United Kingdom}}
In the [[United Kingdom]], a writ is the only way of holding an election for the [[House of Commons]]. When the government wants to, or is required to, dissolve Parliament, a writ of election is drawn up for each [[United Kingdom constituencies|constituency]] in the UK by the [[clerk of the Crown in Chancery]]. They are then formally issued by the [[monarchy of the United Kingdom|monarch]].<ref>{{cite act |date=24 March 2022 |article=2 |article-type=Section |legislature=[[Parliament of the United Kingdom]] |title=Dissolution and Calling of Parliament Act |page= |url=https://www.legislation.gov.uk/ukpga/2022/11/section/2/enacted |language=en |access-date=22 January 2023}}</ref> (When the [[Fixed-term Parliaments Act 2011]] was in effect, writs were issued by the [[lord chancellor]].<ref>{{cite act |date=15 September 2011 |article=3 |article-type=Section |legislature=Parliament of the United Kingdom |title=Fixed-term Parliaments Act |page= |url=https://www.legislation.gov.uk/ukpga/2011/14/section/3/enacted|language=en |access-date=22 January 2023}}</ref>)

Where a single constituency becomes vacant, a writ is issued by the [[Speaker of the House of Commons (United Kingdom)|speaker of the House of Commons]] to trigger the [[UK parliamentary by-elections|by-election]] for that seat.<ref>{{cite web
| url         = http://www.parliament.uk/about/how/elections-and-voting/by-elections/
| title       = By-elections
| publisher   = The United Kingdom Parliament
| access-date  = 27 March 2011
}}</ref> 

After the election has been held in a constituency, the acting [[returning officer]] must write the name of the winning candidate on the writ and return it to the clerk of the Crown.

===United States===
In the United States, this writ is issued mainly by [[U.S. state|state]] [[Governor (United States)|governors]] for filling vacancies in the [[United States House of Representatives]], the [[United States Senate]], or the states' own [[State legislature (United States)|legislature]]s.<ref>{{cite web
| url         = http://www.cga.ct.gov/2009/ACT/PA/2009PA-00170-R00SB-00913-PA.htm
| title       = An Act Concerning United States Senate Vacancies
| publisher   = Connecticut General Assembly
| access-date  = 27 March 2011
}}</ref>

==References==
{{reflist}}

[[Category:Elections]]
[[Category:Writs|Election]]
[[Category:Constitutional law]]