House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 5 February 2009
67

Political Parties and Elections Bill, continued

Personal identifiers at the ballot box

Mrs Eleanor Laing

Mr Jonathan Djanogly

NC15

To move the following Clause:—

‘(1)
The Representation of the People Act 1983 (“the 1983 Act”) Schedule 1

(Parliamentary Election Rules) shall be amended as follows.

(2)
After Rule 37(1) (ballot paper to be delivered to voter on application) there is

inserted—

“(1A)
A ballot paper shall not be delivered to a voter unless he has produced a

specified document to the presiding officer or a clerk.

(1B)
Where a voter produces a specified document, the presiding officer or

clerk to whom it is produced shall deliver a ballot paper to the voter

unless the officer or clerk decides that the document raises a reasonable

doubt as to whether the voter is the elector or proxy he represents himself

to be.

(1C)
Where a voter produces a specified document to a presiding officer and

he so decides, the presiding officer shall refuse to deliver a ballot paper

to the voter.

(1D)
Where a voter produces a specified document to a clerk and he so

decides, he shall refer the matter and produce the document to the

presiding officer who shall proceed as if the document has been produced

to him in the first place.

(1E)
For the purposes of this rule a specified document is one of the

following—

(a)
a valid passport issued by the government of the United

Kingdom or by the government of the Republic of Ireland,

(b)
a valid licence to drive a motor vehicle granted under Part III of

the Road Traffic Act 1972 (or part III of the Road Traffic Act

1988) (including a provisional licence), or under Article 12 of the

Road Traffic (Northern Ireland) Order 1981 or any

corresponding enactment for the time being in force,

(c)
a credit or debit card with signature,

(d)
HM Forces identification card,

(e)
medical card with signature on it,

(f)
a local authority valid bus pass with signature on it,

(g)
a valid book for the payment of allowances, benefits or pensions

if it has a signature in it,

(h)
a tenant book if it has a signature in it,

(i)
a certified copy, or extract, of an entry of marriage issued by a

Registrar General, where the voter producing the copy of an

extract is a woman married within the period of two years ending

with the day of the poll concerned.

    In sub-paragraph (i) above “a Registrar General” means the Registrar

General for England and Wales, the Registrar General of Births, Deaths

and Marriages for Scotland or the Registrar General for Northern Ireland.

Notices of Amendments: 5 February 2009
68

Political Parties and Elections Bill, continued

(1F)
Regulations may make provision varying the list in paragraph (1E)

(whether by adding or deleting documents or varying any description of

document).

(1G)
References in this rule to producing a document are to producing it for

inspection.”.

(3)
After Rule 38(1) (incapacitated voter’s vote to be marked on ballot paper on

application) there is inserted—

“(1A)
Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who

applies under paragraph (1) above as they apply in the case of a voter who

applies under Rule 37(1), but reading references to delivering a ballot

paper to a voter as references to causing a voter’s vote to be marked on a

ballot paper.”.

(4)
After Rule 39(2) (blind voter to be allowed assistance of companion on

application) there is inserted—

“(2A)
Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who

applies under paragraph (1) above as they apply in the case of a voter who

applies under Rule 37(1), but reading references to delivering a ballot

paper to a voter as references to granting a voter’s application.”.

(5)
After Rule 40(1) (person entitled to mark tendered ballot paper after another has

voted) there is inserted—

“(1A)
Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a person

who seeks to mark a tendered ballot paper under paragraph (1) above as

they apply in the case of a voter who applies for a ballot paper under Rule

37(1).

(1B)
Paragraph (1C) below applies where a presiding officer refuses to deliver

a ballot paper to a person under paragraph (1C) of Rule 37 (including that

paragraph as applied by Rule 38 or 39 or this Rule).

(1C)
The person shall, on satisfactorily answering the questions permitted by

law to be asked at the poll, nevertheless 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.”.

(6)
After Rule 40(4) there is inserted—

“(5)
A person who marks a tendered ballot paper under paragraph (1C) above

shall sign the paper, unless it was marked after an application was refused

under Rule 38 or 39.

(6)
A paper which is required to be signed under paragraph (5) above and is

not so signed shall be void.”’.

Individual voter registration

Mrs Eleanor Laing

Mr Jonathan Djanogly

NC16

To move the following Clause:—

Notices of Amendments: 5 February 2009
69

Political Parties and Elections Bill, continued

‘(1)
The Representation of the People Act 1983 is amended as follows—

(2)
In section 10 (maintenance of registers: annual canvass), after subsection (4)

there is inserted—

“(4A)
Subject to subsection (4B) below, the information to be obtained by the

use of such a form for the purpose of a canvass shall include—

(a)
the signature of each of the persons in relation to whom the form

is completed;

(b)
the date of birth of each such person; and

(c)
in relation to each such person—

(i)
his national insurance number or a statement that he

does not have one,

(ii)
any address in the United Kingdom in respect of which

he is or has applied to be registered (other than the

address in respect of which the form is completed), and

the power in subsection (4) above to prescribe a form

includes power to give effect to the requirements of the

subsection.

(4B)
An electoral officer may dispense with the requirement mentioned in

subsection (4A)(a) above in relation to any person if he is satisfied that it

is not reasonably practicable for that person to sign in a consistent and

distinctive way because of any incapacity of his or because he is unable

to read.”.

(3)
In section 10A (maintenance of registers: registration of electors)—

(a)
after subsection (1) there is inserted—

“(1A)
Subject to subsection (1B) below, an application for registration

in respect of an address in the United Kingdom shall include—

(a)
the signature of each of the persons to whom the

application relates;

(b)
the date of birth of each such person; and

(c)
in relation to each such person—

(i)
his national insurance number or a statement

that he does not have one,

(ii)
any other address in the United Kingdom in

respect of which he is or has applied to be

registered, and the power in subsection (1)

above to prescribe requirements includes power

to give effect to the requirements of this

subsection.

(1B)
An electoral registration officer may dispense with the

requirement mentioned in subsection (1A)(a) above in relation to

any person if he is satisfied that it is not reasonably practicable

for that person to sign in a consistent and distinctive way because

of any incapacity of his or because he is unable to read.”,

(b)
in subsection (5), at the beginning there is inserted “Subject to subsection

(5A) below,”,

(c)
after subsection (5) there is inserted—

“(5A)
A person’s name is to be removed from the register in respect of

any address if—

Notices of Amendments: 5 February 2009
70

Political Parties and Elections Bill, continued

(a)
the form mentioned in section 10(4) above in respect of

that address does not include all the information relating

to him required by virtue of section 10(4A) above; or

(b)
the registration officer determines that he is not satisfied

with the information relating to that person which was

included in that form pursuant to that requirement.”.

(c)
in subsection (6), after “above”, there is inserted “or his

name is to be removed from it by virtue of subsection

(5A) above,”, and

(d)
in subsection (8), after “5”, there is inserted “, (5A)”.

(4)
In section 13A (alteration of registers), after subsection (2) there is inserted—

“(2A)
Subject to subsection (2B) below, an application for registration under

subsection (1)(a) above in respect of an address in the United Kingdom

shall include—

(a)
the signature of each of the persons to whom the application

relates;

(b)
the date of birth of each such person; and

(c)
in relation to each such person—

(i)
his national insurance number or a statement that he

does not have one,

(ii)
any other address in the United Kingdom in respect of

which he is or has applied to be registered, and the power

in subsection (1)(a) above to prescribe requirements

includes power to give effect to the requirements of this

subsection.

(2B)
The Chief Electoral Officer may dispense with the requirement

mentioned in subsection (2A)(a) above in relation to any person if he is

satisfied that it is not reasonably practicable for that person to sign in a

consistent and distinctive way because of any incapacity of his or because

he is unable to read.”.’.

other new clauses relating to elections

Scottish Parliament elections

Pete Wishart

Angus Robertson

Stewart Hosie

NC18


To move the following Clause:—

‘(1)
The Scotland Act 1998 is amended as follows.

(2)
In section 12 (power to make provision about elections), in subsection (1), for

“Secretary of State” there is substituted “Scottish Ministers”.

(3)
In Schedule 7 (procedure for subordinate legislation)—

(a)
in the right-hand column of the entry “Section 12(1)”, for the words

“Type C” there is substituted “Type L”;

(b)
At the end of paragraph 2 there is inserted.