Electoral Administration Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections
84

insert—
   “(1D)
Paragraph (1E) 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 who is also
5
named in the absent voters list in pursuance of paragraph
2(4)(a) of Schedule 2 to that Order as a person entitled to
vote by post, or
(b)
a particular person named as a proxy in the list of proxies
and who is also named in the absent voters list in
10
pursuance of paragraph 2(4)(b) of Schedule 2 to that Order
as a person entitled to vote by post as proxy,

and claims that he has lost or has not received his postal ballot
paper.
     (1E)
The person shall, on satisfactorily answering the questions
15
permitted 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.”
64
In rule 32 of that Schedule (questions to be put to voters) after paragraph
20
(1A) insert—
   “(1B)
In the case of a person applying as an elector who is named in the
absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2
to the Local Elections (Northern Ireland) Order 1985 as a person
entitled to vote by post, the presiding officer may put either or
25
both of the following additional questions—
(a)
“Did you apply to vote by post?”;
(b)
“Why have you not voted by post?”.
     (1C)
In the case of a person applying as proxy who is named in the
absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2
30
to that Order as a person entitled to vote by post as proxy, the
presiding officer may put either or both of the following
additional questions—
(a)
“Did you apply to vote by post as proxy?”;
(b)
“Why have you not voted by post as proxy?”.”
35
The 1983 Act
65
The 1983 Act is amended in accordance with paragraphs 66 to 86.
Official poll cards
66    (1)
Rule 28 of Schedule 1 (issue of official poll cards) is amended as follows.
      (2)
For paragraph (1) substitute—
40
    “(1)
The returning officer shall as soon as practicable after the issue of
the notice of poll send to electors and their proxies an official poll
card.
     (1A)
An official poll card shall not be sent to a person registered, or to
be registered, in pursuance of an overseas elector’s declaration.”
45

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections
85

      (3)
In paragraph (3) after sub-paragraph (c) insert—
“(d)
such other information as is prescribed;
(e)
such other information as the returning officer thinks
appropriate,

and different information may be provided in pursuance of sub-
5
paragraph (d) and (e) to different electors or descriptions of
elector.”
Election expenses
67    (1)
Section 76 (limitation of election expenses) is amended as follows.
      (2)
In subsection (1B) for “above” (in both places) substitute “below”.
10
      (3)
In subsection (4) for “the last day for publication of notice of the election”
substitute “the first day of the relevant period (within the meaning of section
90ZA)”.
Forms to be used in connection with postal voting
68
In section 65 (tampering with nomination papers, ballot papers etc.) in
15
subsection (1)(b) after “or any” insert “postal voting statement or”.
69
In rule 45 of Schedule 1 (the count at parliamentary elections), in paragraph
(1B)(b)—
(a)
for “the declaration of identity” substitute “the postal voting
statement”;
20
(b)
omit the words “and authenticated”.
Questions to be put to voters
70
For rule 35 of that Schedule (questions to be put to voters) substitute—
“35   (1)
At the time of the application (but not afterwards), the questions
specified in the second column of the following table—
25
(a)
may be put by the presiding officer to a person who is
mentioned in the first column, and
(b)
shall be put if the letter “R” appears after the question and
the candidate or his election or polling agent requires the
question to be put:
30

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections
86

Person applying for ballot
Questions

paper

1
A person applying as an
(a)
“Are you the person registered in

elector.
the register of parliamentary

electors for this election as

5

follows (read out the whole entry

from the register)?” [R]

(b)
“Have you already voted, here or

elsewhere, at this election,

otherwise than as proxy for some

10

other person?” [R]

(c)
“What is your date of birth?”

2
A person applying as
(a)
“Are you the person whose name

proxy.
appears as A.B. in the list of

proxies for this election as

15

entitled to vote as proxy on

behalf of C.D.?” [R]

(b)
“Have you already voted here or

elsewhere at this election, as

proxy on behalf of C.D.?” [R]

20

(c)
“Are you the spouse, civil

partner, parent, grandparent,

brother/sister, child or

grandchild of C.D.?” [R]

3
A person applying as
(a)
“Are you the person entitled to

25

proxy for an elector
vote as proxy on behalf of the

with an anonymous
elector whose number on the

entry (instead of the
register of electors is (read out the

questions at entry 2
number from the register)?” [R]

above).
(b)
“Have you already voted here or

30

elsewhere as proxy on behalf of

the elector whose number on the

register of electors is (read out the

number from the register)?” [R]

(c)
“Are you the spouse, civil

35

partner, parent, grandparent,

brother/sister, child or

grandchild of the person whose

number on the register of

electors is (read out the number

40

from the register)?” [R]

4
Person applying as
“Have you at this election already voted

proxy if the question at
in this constituency on behalf of two

entry 2(c) or 3(c) is not
persons of whom you are not the

answered in the
spouse, civil partner, parent, grand-

45

affirmative.
parent, brother/sister, child or

grandchild?” [R]

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections
87

Person applying for ballot
Questions

paper

5
A person applying as an
(a)
“Did you apply to vote by post?”

elector in relation to
(b)
“Why have you not voted by

whom there is an entry
post?”

5

in the postal voters list.

6
A person applying as
(a)
“Did you apply to vote by post

proxy who is named in
as proxy?”

the proxy postal voters
(b)
“Why have you not voted by

list.
post as proxy?”

10

      (2)
In the case of an elector in respect of whom a notice has been
issued under section 13B(3B) or (3D) of this Act, the references in
the questions at entries 1(a) and 3(a), (b) and (c) to reading from
the register must be taken as references to reading from the notice
issued under section 13B(3B) or (3D).
15
      (3)
A ballot paper shall not be delivered to any person required to
answer any of the above questions unless he has answered each
question satisfactorily.
      (4)
Except as authorised by this rule, no inquiry shall be permitted as
to the right of any person to vote.”
20
Voting procedure
71    (1)
For rule 37 of that Schedule (voting procedure) substitute—
“37   (1)
A ballot paper shall be delivered to a voter who applies for one,
and immediately before delivery—
(a)
the number and (unless paragraph (2) applies) name of the
25
elector as stated in the copy of the register of electors shall
be called out;
(b)
the number of the elector shall be marked on the list
mentioned in rule 29(3)(e) beside the number of the ballot
paper to be issued to him;
30
(c)
a mark shall be placed in the register of electors against the
number of the elector to note that a ballot paper has been
received but without showing the particular ballot paper
which has been received;
(d)
the voter shall sign the list mentioned in rule 29(3)(e)
35
beside the number of the elector marked on the list in
accordance with sub-paragraph (b) above; and
(e)
in the case of a person applying for a ballot paper as proxy,
a mark shall also be placed against his name in the list of
proxies.
40
      (2)
In the case of an elector who has an anonymous entry, he must
show the presiding officer his official poll card and only his
number shall be called out in pursuance of paragraph (1)(a).

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections
88

      (3)
In the case of an elector who is added to the register in pursuance
of a notice issued under section 13B(3B) or (3D), paragraph (1)
above is modified as follows—
(a)
in sub-paragraph (a), for “copy of the register of electors”
substitute “copy of the notice issued under section 13B(3B)
5
or (3D) of this Act”;
(b)
in sub-paragraph (c), for “in the register of electors”
substitute “on the copy of the notice issued under section
13B(3B) or (3D) of this Act”.
      (4)
Paragraph (1)(d) above does not apply to a voter to whom rule 38
10
or 39 applies.
      (5)
The voter, on receiving the ballot paper, shall forthwith proceed
into one of the compartments in the polling station and there
secretly mark his paper and fold it up so as to conceal his vote, and
shall then show to the presiding officer the back of the paper, so as
15
to disclose the number and other unique identifying mark, and
put the ballot paper so folded up into the ballot box in the
presiding officer’s presence.
      (6)
The voter shall vote without undue delay, and shall leave the
polling station as soon as he has put his ballot paper into the ballot
20
box.”
      (2)
This paragraph does not extend to Northern Ireland.
Attendance at election proceedings
72
In section 66(1) (requirement of secrecy) after paragraph (b) insert—
“(c)
every person so attending in pursuance of permission
25
granted under any of sections 6A to 6D of the Political Parties,
Elections and Referendums Act 2000,”.
73    (1)
Rule 11 of Schedule 1 (right to attend nomination) is amended as follows.
      (2)
In paragraph (1), after paragraph (b) insert “or
(c)
a person who has permission to attend granted under
30
section 6A or 6B of the Political Parties, Elections and
Referendums Act 2000,”.
      (3)
After paragraph (3) insert—
   “(3A)
Paragraph (3) does not apply to a person mentioned in paragraph
(1)(c).”
35
74
In rule 32 of that Schedule (admission to polling station) for paragraph (1)
substitute—
    “(1)
The presiding officer shall exclude all persons from the polling
station except—
(a)
voters;
40
(b)
persons under the age of 18 who accompany voters to the
polling station;
(c)
the candidates and their election agents;
(d)
the polling agents appointed to attend at the polling
station;
45

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections
89

(e)
the clerks appointed to attend at the polling station;
(f)
persons who have permission to attend granted under any
of sections 6A to 6D of the Political Parties, Elections and
Referendums Act 2000;
(g)
the constables on duty; and
5
(h)
the companions of voters with disabilities.
     (1A)
The presiding officer shall regulate the total number of voters and
persons under the age of 18 who accompany them to be admitted
to the polling station at the same time.”
75    (1)
Rule 44 of that Schedule (attendance at counting of votes) is amended as
10
follows.
      (2)
For paragraph (2) substitute—
    “(2)
Only the following persons may be present at the counting of the
votes—
(a)
the returning officer and his clerks,
15
(b)
the candidates and their spouses or civil partners,
(c)
the election agents,
(d)
the counting agents,
(e)
persons who have permission to attend granted under any
of sections 6A to 6D of the Political Parties, Elections and
20
Referendums Act 2000.”
      (3)
Omit paragraph (3).
Identifying marks and security markings on ballot papers etc.
76
In section 66 (requirement of secrecy), in each of the following provisions,
after “number” insert “or other unique identifying mark”—
25
(a)
subsection (2)(a);
(b)
subsection (3)(c);
(c)
subsection (4)(b) and (c);
(d)
subsection (5).
77
In rule 19 of Schedule 1 (ballot papers at parliamentary elections), in
30
paragraph (2)(c) after “number” insert “and other unique identifying mark”.
78    (1)
Rule 20 of that Schedule (the official mark at parliamentary elections) is
amended as follows.
      (2)
For paragraph (1) substitute—
    “(1)
Every ballot paper must contain an appropriate security marking
35
(the official mark).”
      (3)
For paragraph (3) substitute—
    “(3)
The returning officer may use a different official mark for different
purposes at the same election.”
79
In rule 29 of that Schedule (equipment of polling stations at parliamentary
40
elections), in paragraph (3), sub-paragraph (b) is omitted.

Electoral Administration Bill
Schedule 1 — Amendments
Part 5 — Conduct of elections
90

80    (1)
Rule 37 of that Schedule (voting procedure at parliamentary elections) is
amended as follows.
      (2)
In paragraph (1)—
(a)
sub-paragraph (a) is omitted;
(b)
in sub-paragraph (c) for “the counterfoil” substitute “the list
5
mentioned in rule 29(3)(e) beside the number of the ballot paper to
be issued to him”.
      (3)
In paragraph (1B) for “10(4A)(b), 10A(1A)(b) or 13A(2A)(b)” substitute
“10(4A), 10A(1A) or 13A(2A)”.
      (4)
In paragraph (2) for “the official mark” substitute “the number and other
10
unique identifying mark”.
      (5)
This paragraph extends only to Northern Ireland.
81
In rule 45 of that Schedule (the count), in paragraph (4) after “numbers”
insert “or other unique identifying marks”.
82
In rule 47 of that Schedule (rejected ballot papers at parliamentary elections),
15
in paragraph (1)(c) after “number” insert “and other unique identifying
mark”.
83    (1)
The Appendix of forms in that Schedule is amended as follows.
      (2)
In the Directions as to printing the ballot paper, for paragraph 4 substitute—
“4
The number and other unique identifying mark may be printed
20
close to each other on the back of the ballot paper.”
      (3)
For the Form of directions for the guidance of the voters in voting
substitute—
“Form of directions for the guidance of the voters in voting
GUIDANCE FOR VOTERS
25
1
When you are given a ballot paper go to one of the compartments.
Mark a cross (X) in the box on the right hand side of the ballot
paper opposite the name of the candidate you are voting for.
2
Vote for one candidate only. Put no other mark on the ballot paper,
or your vote may not be counted. Do not let anyone see your vote.
30
3
Fold the ballot paper in two. Show the back of the ballot paper to
the presiding officer so as to disclose the number and other unique
identifying mark. Put the ballot paper in the ballot box and leave
the polling station.
4
If by mistake you spoil a ballot paper, show it to the presiding
35
officer and ask for another one.”
Cancellation of postal ballot papers
84
In Schedule 2 (provisions which may be contained in regulations as to
registration etc), in paragraph 12 after sub-paragraph (a) insert—
“(aa)
authorising the cancellation or removal of ballot papers in
40
any prescribed circumstances;”.