Electoral Administration Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 6 — Conduct of elections etc.
38

6D
Accredited observers: organisations
(1)
An organisation may apply to the Commission to be accredited for the
purpose of nominating observers at any of the following proceedings
relating to an election specified in subsection (11) of section 6A or a
referendum to which Part 7 applies—
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(a)
proceedings at the issue or receipt of postal ballot papers;
(b)
proceedings at the poll;
(c)
proceedings at the counting of votes.
(2)
If the Commission grant the application, the accredited organisation
may apply—
10
(a)
in the case of an election, to the returning officer for the election,
or
(b)
in the case of a referendum, to the relevant counting officer,

for permission to nominate members of the organisation to be
observers at the proceedings in question.
15
(3)
An application under subsection (2) must specify—
(a)
the proceedings in respect of which permission is sought,
(b)
the place at which the proceedings are to be conducted, and
(c)
the names of the members who are nominated and such other
information relating to them as is specified in the code of
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practice issued under section 6E.
(4)
If the returning officer or the relevant counting officer (as the case may
be) grants the permission sought, the members of the organisation
nominated for the purposes of the application may attend the
proceedings in question at the place in question.
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(5)
An application under subsection (1) must be made in the manner
specified in the code of practice issued under section 6E.
(6)
The Commission may at any time revoke the grant of an application
under subsection (1).
(7)
If the Commission—
30
(a)
refuse an application under subsection (1), or
(b)
revoke the grant of any such application,

they must give their decision in writing and must at the same time give
reasons in writing for the refusal or revocation.
(8)
The returning officer or the relevant counting officer (as the case may
35
be) may at any time revoke a permission granted as mentioned in
subsection (4).
(9)
If the returning officer or the relevant counting officer refuses an
application for permission under this section, he must at the same time
give reasons for the refusal or revocation to the accredited organisation.
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(10)
If the returning officer or the relevant counting officer revokes any such
permission, he must—
(a)
at the same time, give reasons for the revocation to the
nominated member;
(b)
as soon as practicable, give the reasons to the accredited
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organisation.

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Part 6 — Conduct of elections etc.
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(11)
The right conferred by subsection (4) is subject to any enactment which
regulates attendance at the proceedings in question.
(12)
“Relevant counting officer” must be construed in accordance with
section 6A.
6E
Code of practice on attendance of observers at elections etc.
5
(1)
The Commission must prepare a code of practice on the attendance
of—
(a)
representatives of the Commission,
(b)
accredited observers, and
(c)
nominated members of accredited organisations,
10

at elections specified in subsection (11) of section 6A and referendums
to which Part 7 applies.
(2)
The code must in particular—
(a)
specify the manner in which applications under sections 6C(1)
and 6D(1) are to be made to the Commission;
15
(b)
specify the criteria to be taken into account by the Commission
in determining such applications;
(c)
give guidance to returning officers and relevant counting
officers as to the criteria to be taken into account by them in
determining applications under sections 6A(1), 6B(1), 6C(2) and
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6D(2);
(d)
give guidance to returning officers and relevant counting
officers as to the criteria to be taken into account by them in
determining whether to revoke any permission under section
6A(6), 6B(6), 6C(8) or 6D(8);
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(e)
give guidance to representatives of the Commission, accredited
observers and nominated members of accredited organisations
on the exercise of the rights conferred by sections 6A(5), 6B(5),
6C(4) and 6D(4).
(3)
The code may make different provision for different purposes.
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(4)
Before preparing the code, the Commission must consult the Secretary
of State.
(5)
The Commission must lay the code before each House of Parliament.
(6)
The Commission must publish the code (in such manner as the
Commission may determine).
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(7)
The following persons must have regard to the code in exercising any
function conferred by section 6A, 6B, 6C or 6D—
(a)
the Commission;
(b)
representatives of the Commission;
(c)
returning officers;
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(d)
relevant counting officers.
(8)
The Commission may at any time revise the code.
(9)
Subsections (4) to (7) apply in relation to a revision of the code as they
apply in relation to the code.
(10)
In this section—
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Electoral Administration Bill
Part 6 — Conduct of elections etc.
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(a)
“accredited observer” must be construed in accordance with
section 6C;
(b)
“accredited organisation” must be construed in accordance with
section 6D, and “nominated member” must be construed
accordingly;
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(c)
“relevant counting officer” must be construed in accordance
with section 6A;
(d)
“representative of the Commission” has the same meaning as in
section 6A.”
Ballot papers
10
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Ballot paper design
(1)
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as
follows.
(2)
In rule 19 (the ballot papers)—
(a)
in paragraph (2), omit sub-paragraph (d);
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(b)
after paragraph (3) insert—
    “(4)
The Secretary of State may in regulations—
(a)
prescribe a different form of ballot paper from that in
the Appendix;
(b)
amend or replace the directions as to printing the
20
ballot paper in the Appendix;
(c)
in consequence of anything done for the purposes of
paragraph (a) or (b), amend or replace the Form of
directions for the guidance of the voters in voting in
the Appendix.”
25
(3)
In the Appendix of forms, in the Directions as to printing the ballot paper, after
paragraph 2A insert—
“2B
Nothing in paragraph 2 prohibits the face of the ballot paper
containing more than one column of numbers, candidates particulars
and spaces where the vote is to be marked if the returning officer
30
thinks it is appropriate for the ballot paper to be printed with more
than one column, but in such a case each column must be separated
by a double vertical rule.”
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Replacement of counterfoils
(1)
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as
35
follows.
(2)
After rule 19 insert—
“Corresponding number list
19A   (1)
The returning officer must prepare a list containing the numbers and
other unique identifying marks of all of the ballot papers to be issued
40
by him in pursuance of rule 24(1) or provided by him in pursuance
of rule 29(1).

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      (2)
The list shall be in such form as the Secretary of State in regulations
prescribes.”
(3)
In rule 29 (equipment of polling stations), in paragraph (3), after sub-
paragraph (d) insert—
“(e)
a list consisting of that part of the list prepared under rule
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19A which contains the numbers (but not the other unique
identifying marks) corresponding to those on the ballot
papers provided to the presiding officer of the polling
station.”
(4)
In rule 43 (procedure on close of poll)—
10
(a)
in paragraph (1), after sub-paragraph (da) (inserted by section 14(3)(b))
insert—
“(db)
the lists prepared under rule 19A, including the parts
which were completed in accordance with rule
37(1)(b) and (d) (together referred to in these rules as
15
“the completed corresponding number lists”);”;
(b)
in paragraph (1)(e) omit “the counterfoils of the used ballot papers
and”;
(c)
in paragraph (2) for “counterfoils of the used ballot papers and”
substitute “completed corresponding number lists or”.
20
(5)
In rule 54 (sealing up of ballot papers), for paragraph (2) substitute—
    “(2)
The returning officer shall not open the sealed packets of—
(a)
tendered ballot papers,
(b)
the lists prepared under section 13E(8),
(c)
the completed corresponding number lists,
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(d)
certificates as to employment on duty on the day of the poll,
or
(e)
marked copies of the register of electors (including any
marked copy notices issued under section 13B(3B) or (3D) of
this Act) and lists of proxies.”
30
(6)
In rule 55 (delivery of documents), in paragraph (1)—
(a)
after sub-paragraph (c) insert—
“(ca)
the packets of the completed corresponding number
lists,”;
(b)
in sub-paragraph (d) omit “counterfoils and”.
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(7)
In rule 56 (orders for production of documents)—
(a)
in paragraph (1)(b) for “counterfoils and” substitute “the completed
corresponding number lists or of”;
(b)
in paragraph (2) for “counterfoils and” substitute “the completed
corresponding number lists or of”;
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(c)
in paragraph (3) for “counterfoils and” substitute “the completed
corresponding number lists or of”;
(d)
for paragraph (7) substitute—
    “(7)
The production from proper custody of—
(a)
a ballot paper purporting to have been used at any
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election, and

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(b)
a completed corresponding number list with a
number marked in writing beside the number of the
ballot paper,

shall be prima facie evidence that the elector whose vote was
given by that ballot paper was the person whose entry in the
5
register of electors or on a notice issued under section 13B(3B)
or (3D) of this Act at the time of the election contained the
same number as the number written as mentioned in sub-
paragraph (b).”;
(e)
in paragraph (8) for “counterfoils and” substitute “the completed
10
corresponding number lists or of”.
(8)
In rule 57 (retention and public inspection of documents), for paragraph (2)
substitute—
    “(2)
The documents mentioned in paragraphs (1) and (1A) except—
(a)
ballot papers,
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(b)
the completed corresponding number lists,
(c)
certificates as to employment on duty on the day of the poll,

shall be open to public inspection.”
(9)
In rule 60 (countermand or abandonment of poll on death of candidate), in
paragraph (3)(b) for “counterfoils or” substitute “the completed corresponding
20
number lists or of”.
(10)
In the Appendix of forms—
(a)
in the Form of Front of Ballot Paper omit “Counterfoil No. The
counterfoil is to have a number to correspond with that on the back of
the ballot paper”;
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(b)
in the Form of Back of Ballot Paper omit “Note.— The number on the
ballot paper is to correspond with that on the counterfoil”.
Assistance for voters etc.
34
Translations etc. of certain documents
In the 1983 Act, in Part 5, before section 200 (public notices and declarations)
30
insert—
“199B
Translations etc of certain documents
(1)
Subsection (2) below applies to any document which under or by virtue
of this Act is required or authorised to be given to voters or displayed
in any place for the purposes of a parliamentary or local government
35
election.
(2)
The person who is required or authorised to give or display the
document may also give or display or otherwise make available in such
form as he thinks appropriate—
(a)
the document in Braille;
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(b)
the document in such languages other than English as he thinks
appropriate;
(c)
such graphical representations as he thinks appropriate of the
information contained in the document.

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(3)
Subsection (2) above does not apply to—
(a)
the nomination paper;
(b)
the ballot paper.
(4)
The returning officer at a parliamentary election or a local government
election may cause to be displayed at every polling station in the
5
election an enlarged sample copy of the ballot paper.
(5)
The sample copy mentioned in subsection (4) above—
(a)
in the case of a parliamentary election or a local government
election where only one candidate is to be elected, must have
printed the words “VOTE FOR ONE CANDIDATE ONLY”
10
both at the top and immediately below the list of candidates,
(b)
in the case of a local government election where more than one
candidate is to be elected, must have printed the words “VOTE
FOR NO MORE THAN [here insert the maximum number of
candidates to be elected] CANDIDATES” both at the top and
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immediately below the list of candidates, and
(c)
in each case, below the second occurrence of those words may
include a translation of those words into such other languages
as the returning officer thinks appropriate.
(6)
The returning officer at a parliamentary election or a local government
20
election must provide at every polling station in the election an
enlarged hand-held sample copy of the ballot paper for the assistance
of voters who are partially sighted.
(7)
The sample copy mentioned in subsection (6) above must be clearly
marked as a specimen provided only for the guidance of voters.
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(8)
In the application of subsection (2)(b) to Northern Ireland any question
as to whether a person is to give or display or otherwise make available
a document in a language other than English is to be decided by the
returning officer.
(9)
This section does not apply to a local government election in Scotland.”
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Assistance for certain postal voters
In Schedule 1 to the 1983 Act, for rule 24 (postal ballot papers) substitute—
“24   (1)
The returning officer shall, in accordance with regulations, issue to
those entitled to vote by post—
(a)
a ballot paper;
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(b)
in England and Wales or Scotland, a postal voting statement
in the prescribed form;
(c)
in Northern Ireland, a declaration of identity in the
prescribed form;

together with such envelopes for their return (whether free of charge
40
or otherwise) as may be prescribed.
      (2)
The returning officer may also issue to those entitled to vote by post
such information as he thinks appropriate about how to obtain—
(a)
translations into languages other than English of any
directions to or guidance for voters sent with the ballot paper;
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(b)
a translation into Braille of such directions or guidance;

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(c)
graphical representations of such directions or guidance.
      (3)
The prescribed form shall include provision for the form to be
signed.”
Circumstances in which votes may be tendered
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Tendered votes in certain circumstances
5
(1)
In Schedule 1 to the 1983 Act, in rule 40 (tendered ballot papers), after
paragraph (1) insert—
  “(1ZA)
Paragraph (1ZC) applies if —
(a)
a person applies for a ballot paper representing himself to be
a particular elector named on the register,
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(b)
he is also named in the postal voters list, and
(c)
he claims that he did not make an application to vote by post
at the election.
    (1ZB)
Paragraph (1ZC) also applies if—
(a)
a person applies for a ballot paper representing himself to be
15
a particular person named as a proxy in the list of proxies,
(b)
he is also named in the proxy postal voters list, and
(c)
he claims that he did not make an application to vote by post
as proxy.
    (1ZC)
The person shall, on satisfactorily answering the questions permitted
20
by law to be asked at the poll, be entitled, subject to the following
provisions of this rule, to mark a ballot paper (in these rules referred
to as a “tendered ballot paper”) in the same manner as any other
voter.”
(2)
After paragraph (1ZC) of that rule (inserted by subsection (1) above) insert—
25
  “(1ZD)
Paragraph (1ZE) applies if before the close of the poll but after the
last time at which a person may apply for a replacement postal ballot
paper, a person represents himself to be—
(a)
a particular elector named on the register and who is also
named in the postal voters list, or
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(b)
a particular person named as a proxy in the list of proxies and
who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.
    (1ZE)
The person shall, on satisfactorily answering the questions permitted
by law to be asked at the poll, be entitled, subject to the following
35
provisions of this rule, to mark a ballot paper (in these rules referred
to as a “tendered ballot paper”) in the same manner as any other
voter.”
(3)
In section 61 of that Act (certain voting offences), after subsection (6) insert—
“(6A)
A person is not guilty of an offence under subsection (2)(b) or (3)(b)
40
above only by reason of his having marked a tendered ballot paper in
pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections
rules.”