Electoral Administration Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 6 — Conduct of elections etc.
48

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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;
5
(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
10
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;
(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
20
38
Tendered votes in certain circumstances
(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
25
a particular elector named on the register,
(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—
30
(a)
a person applies for a ballot paper representing himself to be
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.
35
    (1ZC)
The person shall, on satisfactorily answering the questions 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.”
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(2)
After paragraph (1ZC) of that rule (inserted by subsection (1) above) insert—
  “(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
5
named in the postal voters list, or
(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
10
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.”
(3)
In section 61 of that Act (certain voting offences), after subsection (6) insert—
15
“(6A)
A person is not guilty of an offence under subsection (2)(b) or (3)(b)
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.”
(4)
In section 5 of the Representation of the People Act 1985 (c. 50) (absent voting
20
in Northern Ireland) after subsection (5A) insert—
“(5B)
Subsection (2) above does not prevent a person, at the polling station
allotted to him, marking a tendered ballot paper in pursuance of rule
40(1ZC) or (1ZE) of the parliamentary elections rules.”
(5)
In section 9 of that Act (voting as proxy in Northern Ireland) after subsection
25
(11) insert—
“(11A)
Subsection (2) above does not prevent a person, at the polling station
allotted to him, marking a tendered ballot paper in pursuance of rule
40(1ZC) or (1ZE) of the parliamentary elections rules.”
(6)
In Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting
30
in Great Britain)—
(a)
in paragraph 2 (manner of voting at parliamentary or local government
elections) after sub-paragraph (6) insert—
   “(6A)
Sub-paragraph (2) above does not prevent a person, at the
polling station allotted to him, marking a tendered ballot
35
paper in pursuance of rule 40(1ZC) or (1ZE) of the
parliamentary elections rules.”;
(b)
in paragraph 7 (voting as proxy) after sub-paragraph (9) insert—
   “(10)
Sub-paragraph (2) above does not prevent a person, at the
polling station allotted to him, marking a tendered ballot
40
paper in pursuance of rule 40(1ZC) or (1ZE) of the
parliamentary elections rules.”

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Offences related to voting
39
Undue influence
(1)
In section 115 of the 1983 Act (offence of undue influence), in subsection
(2)(b)—
(a)
after “prevents” insert “, or intends to impede or prevent,”;
5
(b)
after “prevails upon” insert “, or intends so to compel, induce or prevail
upon,”.
(2)
This section does not have effect in relation to a local government election in
Scotland.
40
Offences relating to applications for postal and proxy votes
10
After section 62 of the 1983 Act (offences as to declarations) insert—
“62A
Offences relating to applications for postal and proxy votes
(1)
A person commits an offence if he—
(a)
engages in an act specified in subsection (2) at a parliamentary
or local government election, and
15
(b)
intends, by doing so, to deprive another of an opportunity to
vote or to make for himself or another a gain of a vote to which
he or the other is not otherwise entitled or a gain of money or
property.
(2)
These are the acts—
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(a)
applying for a postal or proxy vote as some other person
(whether that other person is living or dead or is a fictitious
person);
(b)
otherwise making a false statement in, or in connection with, an
application for a postal or proxy vote;
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(c)
inducing the registration officer or returning officer to send a
postal ballot paper or any communication relating to a postal or
proxy vote to an address which has not been agreed to by the
person entitled to the vote;
(d)
causing a communication relating to a postal or proxy vote or
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containing a postal ballot paper not to be delivered to the
intended recipient.
(3)
In subsection (1)(b), property includes any description of property.
(4)
In subsection (2) a reference to a postal vote or a postal ballot paper
includes a reference to a proxy postal vote or a proxy postal ballot
35
paper (as the case may be).
(5)
A person who commits an offence under subsection (1) or who aids,
abets, counsels or procures the commission of such an offence is guilty
of a corrupt practice.
(6)
This section does not apply to anything done at a local government
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election in Scotland.”

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Access to election documents
41
Control of documents after parliamentary election
(1)
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended in
accordance with subsections (2) to (7).
(2)
In the heading to rule 55 (delivery of documents after poll) for “Clerk of the
5
Crown” substitute “registration officer”.
(3)
In that rule—
(a)
in paragraph (1) for “Clerk of the Crown” substitute “relevant
registration officer”;
(b)
after paragraph (1) insert—
10
   “(1A)
In this rule and in rules 56 and 57 references to the relevant
registration officer are to—
(a)
the registration officer of the local authority in whose
area the constituency is situated, or
(b)
if the constituency comprises any part of the area of
15
more than one local authority, the registration officer
of the local authority in whose area the greater or
greatest (as the case may be) number of electors is
registered.”;
(c)
omit paragraphs (2) to (4).
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(4)
In rule 56 (orders for production of documents)—
(a)
in each of paragraphs (1), (6) and (8) for “Clerk of the Crown” substitute
“relevant registration officer”;
(b)
in paragraph (2) for “Clerk of the Crown’s” substitute “relevant
registration officer’s”;
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(5)
In rule 57 (retention and public inspection of documents)—
(a)
in paragraph (1) for “Clerk of the Crown” substitute “relevant
registration officer”;
(b)
for paragraph (3) substitute—
    “(3)
The relevant registration officer or the Chief Electoral Officer
30
for Northern Ireland (as the case may be) must, on request,
supply to any person copies of or extracts from such
description of the documents open to public inspection as is
prescribed by regulations.”;
(c)
after paragraph (3) insert—
35
    “(4)
Each of the following must, on request, be supplied with a
copy of the marked copies of the register, the postal voters
list, the list of proxies and the proxy postal voters list—
(a)
a registered party within the meaning of Part 2 of the
Political Parties, Elections and Referendums Act 2000;
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(b)
a person who was a candidate at the election in
relation to the constituency for which he was a
candidate.
      (5)
Regulations may impose conditions in relation to—

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(a)
the inspection of any document in pursuance of
paragraph (2);
(b)
the supply of any document or part of a document in
pursuance of paragraph (3);
(c)
the supply of any document or part of a document in
5
pursuance of paragraph (4).
      (6)
Regulations may also make provision—
(a)
as to the form in which any such document or part is
supplied;
(b)
for the payment of a fee in respect of the supply of a
10
document or part.
      (7)
Conditions which may be imposed for the purposes of
paragraph (5)(a) or (b) include conditions as to—
(a)
whether a person may take any copy of a document
he is permitted to inspect;
15
(b)
the manner in which any such copy is to be taken;
(c)
the purposes for which information contained in any
document or part of a document which is inspected or
supplied in pursuance of paragraph (2) or (3) may be
used.
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      (8)
Conditions which may be imposed for the purposes of
paragraph (5)(b) or (c) include conditions as to the extent to
which a person to whom a document or part of a document
has been supplied may—
(a)
supply that document or part to any other person;
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(b)
disclose to any other person any information
contained in the document or part;
(c)
use any such information for a purpose other than
that for which the document or part was supplied to
him.
30
      (9)
Regulations may also impose conditions corresponding to
those mentioned in paragraph (8) in respect of persons who
have obtained a document or part of a document mentioned
in paragraph (4)—
(a)
which was supplied to another person in pursuance
35
of paragraph (4), or
(b)
otherwise than in accordance with regulations under
this section.”
(6)
For rule 58 (documents in Scotland) substitute—
“58   (1)
In the application of rules 55 to 57 to elections in Scotland, the
40
references to the relevant registration officer shall be taken to be
references to the relevant sheriff clerk.
      (2)
For the purposes of rule 55 as it applies to elections in Scotland—
(a)
the documents to be forwarded in accordance with that rule
may be forwarded by being—
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(i)
delivered to the relevant sheriff clerk by the returning
officer or his agent, or

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(ii)
sent to the relevant sheriff clerk by recorded delivery
post,
(b)
on forwarding the documents, the returning officer must
deliver or send to the relevant sheriff clerk along with the
documents a letter specifying the number and descriptions of
5
the documents forwarded, and
(c)
where the documents are forwarded by delivery under sub-
paragraph (a)(i) above, the relevant sheriff clerk must, on
receipt of the documents, provide the person delivering them
with a signed receipt showing the date and time of receipt.
10
      (3)
In this rule, “relevant sheriff clerk” means—
(a)
the sheriff clerk of the sheriff court district in which the
constituency is situated, or
(b)
if the constituency comprises any part of the area of more
than one sheriff court district, the sheriff clerk of such one of
15
those districts as the Secretary of State may by order
appoint.”
(7)
For rule 59 (documents in Northern Ireland) substitute—
“59
In the application of rules 55 to 57 to elections for a constituency in
Northern Ireland, the references to the relevant registration officer
20
shall be taken to be references to the Clerk of the Crown for Northern
Ireland.”
(8)
In section 63 of that Act (breach of official duty), in subsection (3)(c) after
“responsible after a” insert “parliamentary or”.
(9)
After section 66A of that Act (prohibition on publication of exit polls) insert—
25
“66B
Failure to comply with conditions relating to supply etc. of certain
documents
(1)
A person is guilty of an offence—
(a)
if he fails to comply with any conditions imposed in pursuance
of regulations under rule 57 of the parliamentary elections
30
rules, or
(b)
if he is an appropriate supervisor of a person (P) who fails to
comply with such a condition and he failed to take appropriate
steps.
(2)
P is not guilty of an offence under subsection (1) if—
35
(a)
he has an appropriate supervisor, and
(b)
he has complied with all the requirements imposed on him by
his appropriate supervisor.
(3)
A person who is not P or an appropriate supervisor is not guilty of an
offence under subsection (1) if he takes all reasonable steps to ensure
40
that he complies with the conditions.
(4)
In subsections (1)(b) and (2)—
(a)
an appropriate supervisor is a person who is a director of a
company or concerned in the management of an organisation in
which P is employed or under whose direction or control P is;
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(b)
appropriate steps are such steps as it was reasonable for the
appropriate supervisor to take to secure the operation of

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procedures designed to prevent, so far as reasonably
practicable, the occurrence of a failure to comply with the
conditions.
(5)
A person guilty of an offence as mentioned in subsection (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard
5
scale.”
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Access to other election documents
(1)
The relevant officer must—
(a)
make relevant election documents available for inspection by members
of the public;
10
(b)
supply, on request, copies of or extracts from such description of
relevant election documents as is prescribed by regulations.
(2)
In the case of an election other than a parliamentary election, a local
government election in Scotland or a local election in Northern Ireland, each of
the following must, on request, be supplied with a copy of the marked copies
15
of the register, the postal voters list, the list of proxies and the proxy postal
voters list—
(a)
a registered party;
(b)
a person who was a candidate at the election in relation to the electoral
area for which he was a candidate;
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(c)
in the case of an election at which a registered party submits a list of
candidates, a person who was appointed as an agent for the candidates
on the party’s list.
(3)
The Secretary of State may by regulations impose conditions in relation to—
(a)
the inspection of any document in pursuance of subsection (1)(a);
25
(b)
the supply of any document or part of a document in pursuance of
subsection (1)(b);
(c)
the supply of any document or part of a document in pursuance of
subsection (2).
(4)
Regulations may also make provision—
30
(a)
as to the form in which any such document or part is supplied;
(b)
for the payment of a fee in respect of the supply of a document or part.
(5)
Conditions which may be imposed for the purposes of subsection (3)(a) or (b)
include conditions as to—
(a)
whether a person may take any copy of a document he is permitted to
35
inspect;
(b)
the manner in which any such copy is to be taken;
(c)
the purposes for which information contained in any document or part
of a document which is inspected or supplied in pursuance of
subsection (1) may be used.
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(6)
Conditions which may be imposed for the purposes of subsection (3)(b) or (c)
include conditions as to the extent to which a person to whom a document or
part of a document has been supplied may—
(a)
supply that document or part to any other person;
(b)
disclose to any other person any information contained in the
45
document or part;