Select Committee on Home Affairs Appendices to Minutes of Evidence (Volume II)


APPENDIX 1

Memorandum by the Home Office

D. Absent Voting

Qualifications and application procedures

4.1 Absent voting is only available to those electors who qualify for it, not on demand. The qualification varies depending on whether the application is made for an indefinite period, or is for one particular election.

4.2 Under the Representation of the People Act 1985, section 6, the following may apply for an absent vote ie by post or by proxy, for an indefinite period:

  service voters, by proxy only, if serving outside the UK, subject to the service declaration lasting beyond a year;

  those whose addresses have changed so that they are no longer within the same area, up until the expiry of the register in respect of which the application was made;

  those who by reason of blindness or other physical incapacity cannot reasonably be expected to go in person to their allotted polling stations or to vote unaided there, provided that their applications have been attested by medical practitioners or other suitably qualified persons;

  those who cannot reasonably be expected to go in person to their allotted polling stations by reason of the general nature of their or their spouse's occupation, service or employment, provided that their applications have been attested by the employer or, if they are self-employed, another suitable witness.

4.3 Under section 7 of the 1985 Act, where an elector applies for an absent vote at a particular election the ERO must be satisfied that the applicant's circumstances on the day of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted to him, eg a holiday has been booked or he is likely to be away on a business trip. The application for an absent vote must be received by 5pm on the 11th day before the date of the poll at that election, unless it is claimed on medical grounds, in which case it must be received by 5pm on the 6th day before the election. The Representation of the People (Amendment) Regulations 1997 extended this timetable, with effect from March 1997, in time for the general election; the previous deadline had been mid-day on the 13th day before an election.

Absent voters list

4.4 Under regulation 74 of the 1986 Regulations, the ERO is required to publish an absent voters list and list of postal proxies, after the closing date for absent vote applications at an election (ie 11 working days before polling day). The lists are published by making a copy available for inspection until polling day at the ERO's office.

Absent voting publicity

4.5 Absent voting leaflets and posters are available to EROs at any time during the year (not just when elections are imminent). A total of £695,000 was spent on advertising absent voting provisions in England and Wales at the 1997 election. Television advertising cost £305,000; national press advertising cost £370,000; with a further £25,000 spent on publicity in ethnic minority newspapers. This does not include funding of local publicity by EROs.

4.6 A table setting out the full qualifications and attestation requirements for absent voting may be found at Annex E. The detailed procedures for postal and proxy voting are given in Annex F. Statistics on absent voting at the last four general elections are given in table 7.

Table 7: Absent voting at last four General Elections

1997 1992 1987 1983

Number of successful applications for postal vote 940,870 835,074 947,748 757,537
Postal votes counted 754,933 692,139 793,062 623,554
Postal votes rejected 27,648 21,465 25,287 20,080
Rejected votes as percentage of postal votes cast 3.5% 3.0% 3.1% 3.1%
Number of voters who appointed proxies 333,339 Not known Not known Not known
Total number of successful absent vote applications 1,274,209

(c 3% of total electorate)


 

Issues commonly raised

  Attestation for indefinite absent votes on medical grounds

4.7 Representatives of political parties have expressed concern about the attestation requirement for an indefinite absent vote on medical grounds. This was amended by the Representation of the People (Amendment) Regulations 1997, with effect from 17 June 1997, so that the medical practitioner attesting such an application must be one who treats the elector concerned. The change was introduced as an additional security provision to prevent the practice of "batching up" applications for attestation by practitioners who did not know the applicants. However, it has been argued that the elderly and infirm do not wish to trouble their own doctors with such requests, and it is alleged that some doctors charge fees for their signature (in contravention of the National Health Service Regulations). There is also some concern that carers have difficulty in establishing a qualification for an indefinite absent vote.

  Short timetable for applications

4.8 There are concerns that the timetable to apply for an absent vote in advance of a particular election may be short, depending on the qualifying criteria. However, this is a reflection of the short election campaigns which are the practice in this country, and the electoral practitioners' advice to the Home Office in the run up to the 1997 general election was that the final dates for applications were now just about as late as they could be, given the need to verify and process forms and post ballot papers before the election.

  Proxy voting by overseas electors

4.9  Voters must provide an address in the United Kingdom if they want a postal vote, as opposed to a proxy vote. The legislation does not permit ballot papers to be sent overseas as overseas postal services cannot be required to observe the secrecy nor the short timetable of UK elections. A number of overseas electors have complained about the infringement of their secret ballot through having to vote by proxy. This seems to be a particular concern of some of those serving in the armed forces overseas, who argue that the BFPO could provide a sufficiently good service for postal voting.

  Complexity of application procedures

4.10  Annex E refers. It has been suggested that the rules surrounding absent vote applications are too complex and deter voters; and that absent votes should be able to be supplied on demand. Any arrangements must provide safeguards against possible electoral abuse and fraud.

  Complexity of voting procedures

4.11  Annex F refers. There are concerns that the postal voting procedures requiring electors to put specific items in specific envelopes are too complex and confuse the voters, leading to a comparatively high rate of rejection. In particular, it is argued that it is excessive to reject a vote which is otherwise in order for want of a covering envelope. However, the percentage of postal votes rejected has remained consistently around 3-3.5 per cent mark over the last four general elections (see table 7).


 
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Prepared 1 October 1998