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Electoral Administration Bill


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

88

 

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

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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

89

 

      (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

90

 
  

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

 

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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

91

 
  

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

92

 

      (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

93

 

(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

94

 

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;”.

 

 

 
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