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Report Stage Proceedings: 2 March 2009                  

55

 

Political Parties and Elections Bill, continued

 
 

(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.

 

(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


 
 

Report Stage Proceedings: 2 March 2009                  

56

 

Political Parties and Elections Bill, continued

 
 

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

 

Not called  NC16

 

To move the following Clause:—

 

‘(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—


 
 

Report Stage Proceedings: 2 March 2009                  

57

 

Political Parties and Elections Bill, continued

 
 

(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—

 

(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.”.

 

(d)    

in subsection (6), after “above”, there is inserted “or his name is to be

 

removed from it by virtue of subsection (5A) above,”, and

 

(e)    

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

 

(4)    

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


 
 

Report Stage Proceedings: 2 March 2009                  

58

 

Political Parties and Elections Bill, continued

 
 

“(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.”’.

 


 

Candidate at parliamentary election may withhold home address from publication

 

Dr Julian Lewis

 

Mr David Chaytor

 

Miss Julie Kirkbride

 

Mr Terry Rooney

 

Paul Flynn

 

Andrew Mackinlay

 

Dan Norris

 

Bob Russell

 

Mr Michael Ancram

 

Mr Graham Allen

 

Mr Nigel Evans

 

Added on division  NC23

 

To move the following Clause:—

 

‘(1)    

Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

 

(2)    

In rule 6 (nomination of candidates)—

 

(a)    

sub-paragraph (b) of paragraph (2) is omitted;

 

(b)    

after paragraph (3) there is inserted—

 

  “(4)  

The nomination paper must be accompanied by a form (in this

 

Schedule referred to as the “home address form”) which states

 

the candidate’s—

 

(a)    

full names, and

 

(b)    

home address in full.

 

            

Provision in paragraph (1) above about delivery of the

 

nomination paper applies also to the home address form.

 

      (5)  

The home address form—


 
 

Report Stage Proceedings: 2 March 2009                  

59

 

Political Parties and Elections Bill, continued

 
 

(a)    

may contain a statement made and signed by the

 

candidate that he requires the home address not to be

 

made public; and

 

(b)    

if it does so, must state the constituency within which

 

that address is situated (or, if that address is outside

 

the United Kingdom, the country within which it is

 

situated).”

 

(3)    

In rule 11 (right to attend nomination)—

 

(a)    

in paragraph (3), after “nomination paper” there is inserted “and

 

associated home address form”;

 

(b)    

after paragraph (4) there is inserted—

 

  “(5)  

The returning officer shall not permit a home address form to

 

be inspected otherwise than in accordance with this rule, or for

 

some other purpose authorised by law.”

 

(4)    

In rule 12 (validity of nomination papers), in paragraph (1)—

 

(a)    

after “consent to it” there is inserted “and the home address form”;

 

(b)    

after sub-paragraph (a) there is inserted—

 

“(aa)    

the returning officer decides that the home address

 

form does not comply with rule 6(4); or”.

 

(5)    

In rule 14 (publication of statement of persons nominated), after paragraph (3)

 

there is inserted—

 

“(3A)  

In relation to a nominated person in whose case the home address form

 

(or, if the person is nominated by more than one nomination paper, any

 

of the home address forms) contains—

 

(a)    

the statement mentioned in rule 6(5)(a), and

 

(b)    

the information mentioned in rule 6(5)(b),

 

            

the reference in paragraph (2) to the person’s address shall be read as

 

a reference to the information mentioned in rule 6(5)(b).”

 

(6)    

After paragraph (4) of that rule there is inserted—

 

“(4A)  

Where—

 

(a)    

two or more of the names shown on the statement are the same

 

or so similar as to be likely to cause confusion,

 

(b)    

paragraph (3A) applies in relation to each of the persons in

 

question, and

 

(c)    

the information mentioned in rule 6(5)(b) is the same for each

 

of them,

 

            

the returning officer may cause any of their particulars to be shown on

 

the statement with such amendments or additions as the officer thinks

 

appropriate in order to reduce the likelihood of confusion.

 

    (4B)  

Where it is practicable to do so before the publication of the statement,

 

the returning officer shall consult any person whose particulars are to

 

be amended or added to under paragraph (4A).

 

    (4C)  

The returning officer must give notice in writing to any person whose

 

particulars are amended or added to under paragraph (4A).

 

    (4D)  

Anything done by a returning officer in pursuance of paragraph (4A)

 

must not be questioned in any proceedings other than proceedings on

 

an election petition.


 
 

Report Stage Proceedings: 2 March 2009                  

60

 

Political Parties and Elections Bill, continued

 
 

    (4E)  

A returning officer must have regard to any guidance issued by the

 

Electoral Commission for the purposes of paragraph (4A).”

 

(7)    

Before rule 54 there is inserted—

 

“Destruction of home address forms

 

53A      

The returning officer shall destroy each candidate’s home address

 

form—

 

(a)    

on the next working day following the 21st day after the

 

officer has returned the name of the member elected; or

 

(b)    

if an election petition questioning the election or return is

 

presented before that day, on the next working day following

 

the conclusion of proceedings on the petition or on appeal

 

from such proceedings.”’.

 


 

Personal details on the register of electors

 

Mr Douglas Hogg

 

Not moved  NC25

 

To move the following Clause:—

 

‘In section 9 of the 1983 Act (c. 2) (register of electors), at end of 2(c) there is

 

inserted “date of birth, national insurance number or a statement that he does not

 

have one, and the person’s signature or other identifying mark or other material

 

as the registration officer may direct.”.’.

 


 

Dr Julian Lewis

 

Mr David Chaytor

 

Miss Julie Kirkbride

 

Mr Terry Rooney

 

Paul Flynn

 

Andrew Mackinlay

 

Dan Norris

 

Bob Russell

 

Mr Michael Ancram

 

Mr Graham Allen

 

Mr Nigel Evans

 

Agreed to on division  140

 

Page  44,  line  24  [Schedule  4],  at end insert—

 

‘          

In section 65A (false statements in nomination papers etc), in subsection (1),

 

after paragraph (a) there is inserted—

 

“(aa)    

(where the election is a parliamentary election) a statement

 

under rule 6(5)(b) of Schedule 1 to this Act which he knows

 

to be false in any particular; or”.’.


 
 

Report Stage Proceedings: 2 March 2009                  

61

 

Political Parties and Elections Bill, continued

 
 

Dr Julian Lewis

 

Mr David Chaytor

 

Miss Julie Kirkbride

 

Mr Terry Rooney

 

Paul Flynn

 

Andrew Mackinlay

 

Dan Norris

 

Bob Russell

 

Mr Michael Ancram

 

Mr Graham Allen

 

Mr Nigel Evans

 

Agreed to on division  141

 

Page  44,  line  24  [Schedule  4],  at end insert—

 

‘   (1)  

Section 70 (effect of default in election agent’s appointment) is amended as

 

follows.

 

      (2)  

In subsection (4)(a), after “the statement as to persons nominated” there is

 

inserted “(or where, in the case of a parliamentary election, the address is not

 

given on that statement, the address as given under rule 6(4) of Schedule 1 to

 

this Act)”.

 

      (3)  

After subsection (6) there is inserted—

 

“(7)    

In the case of a parliamentary election, subsection (6) above applies

 

whether or not a statement has been made under rule 6(5) of Schedule

 

1 to this Act requiring the candidate’s home address not to be made

 

public.”’.

 

Dr Julian Lewis

 

Mr David Chaytor

 

Miss Julie Kirkbride

 

Mr Terry Rooney

 

Paul Flynn

 

Andrew Mackinlay

 

Dan Norris

 

Bob Russell

 

Mr Michael Ancram

 

Mr Graham Allen

 

Mr Nigel Evans

 

Agreed to  142

 

Page  44,  line  24  [Schedule  4],  at end insert—

 

‘   (1)  

Schedule 1 (parliamentary elections rules) is amended as follows.

 

      (2)  

In rule 6 (nomination of candidates), in paragraph (2)(a) after “names,” there

 

is inserted “and”.

 

      (3)  

In rule 14A (correction of minor errors)—

 

(a)    

in paragraph (1), after “nomination paper” there is inserted “or home

 

address form”;

 

(b)    

in paragraph (2), after sub-paragraph (b) there is inserted—

 

“(c)    

in the home address form, errors as to the

 

information mentioned in rule 6(5)(b).”

 

      (4)  

In the Appendix of forms, in the Form of nomination paper, in the first table

 

following the words “candidate at the said election”, the final column (home

 

address) is omitted.”’.


 
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