Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
34

      (2)
Rule 39(3) and (4) does not apply for the purpose of determining whether,
for the purposes of this rule, a postal vote or a proxy postal vote is returned.
The poll
Admission to polling station
20    (1)
The presiding officer must exclude from the polling station everyone
5
except—
(a)
voters,
(b)
persons under the age of 18 who accompany voters to the polling
station,
(c)
the Chief Counting Officer, the Regional Counting Officer (in the
10
case of a polling station in a region for which a Regional Counting
Officer is appointed) and the counting officer,
(d)
the referendum agents,
(e)
the polling agents appointed to attend at the polling station,
(f)
the clerks appointed to attend at the polling station,
15
(g)
persons who are entitled to attend by virtue of any of sections 6A
to 6D of the 2000 Act,
(h)
the constables on duty, and
(i)
the companions of voters with disabilities attending at the polling
station.
20
      (2)
The presiding officer must 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.
      (3)
No more than one polling agent may be admitted at the same time to a
polling station on behalf of the same referendum agent.
25
      (4)
A constable or person employed by a counting officer may be admitted to
vote in person elsewhere than at the polling station allotted under these
rules only on production and surrender of a certificate (in these rules
referred to as a “certificate as to employment on duty on the day of the poll”)
that—
30
(a)
confirms that the person is a constable or, as the case may be, is
employed by a counting officer,
(b)
is in the form set out in Form 15 in Part 2 of this Schedule, and
(c)
is signed by an officer of police of or above the rank of inspector or,
as the case may be, by the counting officer.
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      (5)
A certificate surrendered under this rule must be cancelled immediately.
Keeping of order in polling station
21    (1)
It is the presiding officer’s duty to keep order at the officer’s polling station.
      (2)
If a person engages in misconduct in a polling station or fails to obey the
presiding officer’s lawful orders, the person may immediately, by the
40
presiding officer’s order, be removed from the polling station—
(a)
by a constable in or near that station, or
(b)
by any other person authorised in writing by the counting officer to
discharge this function.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
35

      (3)
A person so removed may not, without the presiding officer’s permission,
re-enter the polling station that day.
      (4)
A person so removed may, if charged with the commission in the polling
station of an offence, be dealt with as a person taken into custody by a
constable for an offence without a warrant.
5
      (5)
The powers conferred by this rule may not be exercised so as to prevent a
voter who is otherwise entitled to vote at a polling station from having an
opportunity to vote at that station.
Sealing of ballot boxes
22    (1)
Immediately before the commencement of the poll, the presiding officer
10
must show anyone present in the polling station that the ballot box is empty.
      (2)
The presiding officer must then–
(a)
lock the box (if it has a lock) and place his or her seal on it in a manner
that prevents it from being opened without breaking the seal, and
(b)
place the box in his or her view for the receipt of ballot papers, and
15
keep it so locked (if it has a lock) and sealed.
Questions to be put to voters
23    (1)
At the time of the application (but not afterwards), the questions specified in
the second column of the table—
(a)
may be put by the presiding officer to a person who is mentioned in
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the first column, and
(b)
must be put if the letter “R” appears after the question and a
referendum or polling agent requires the question to be put.

Person applying for
Questions

ballot paper

25

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

as an elector
in the register of electors as

follows (read out the whole entry

from the register)?” [R]

(b)
“Have you already voted in the

30

referendum, here or elsewhere,

otherwise than as proxy for

some other person?” [R]

(c)
In Northern Ireland, “What is

your date of birth?”

35

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
36

Person applying for
Questions

ballot paper

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

as proxy
name appears as A B in the list

of proxies for the referendum as

5

entitled to vote as proxy on

behalf of C D?” [R]

(b)
“Have you already voted in the

referendum, here or elsewhere,

as proxy on behalf of C D?” [R]

10

(c)
“Are you the spouse, civil

partner, parent, grandparent,

brother/sister, child or

grandchild of C D?” [R]

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

15

in England and
vote as proxy on behalf of the

Wales or Scotland
elector whose number on the

as proxy for an
register of electors is (read out

elector with an
the number from the register)?”

anonymous
[R]

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entry (instead of
(b)
“Have you already voted in the

the questions at
referendum, here or elsewhere,

entry 2)
as proxy on behalf of the elector

whose number on the register

of electors is (read out the number

25

from the register)?” [R]

(c)
“Are you the spouse, civil

partner, parent, grandparent,

brother/sister, child or

grandchild of the person whose

30

number on the register of

electors is (read out the number

from the register)?” [R]

4
Person applying

“Have you already voted in the

as proxy if the
referendum on behalf of two

35

question at entry
persons of whom you are not

2(c), or 3(c) (if
the spouse, civil partner,

applicable) is not
parent, grand-parent, brother/

answered in the
sister, child or grandchild?” [R]

affirmative.

40

5
A person applying
(a)
“Did you apply to vote by

as an elector in
post?”

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

there is an entry in
post?”

the postal voters

45

list.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
37

Person applying for
Questions

ballot paper

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

as proxy who is
as proxy?”

named in the
(b)
“Why have you not voted by

5

proxy postal
post as proxy?”

voters list

      (2)
In the case of a voter in respect of whom a notice has been issued under
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, references in the table to
reading from the register are to be read as references to reading from that
10
notice.
      (3)
A ballot paper must not be delivered to any person required to answer any
of the above questions unless the person has answered each question
satisfactorily.
      (4)
Except as authorised by this rule, no inquiry is permitted as to the right of
15
any person to vote.
Challenge of voter
24
A person is not to be prevented from voting by reason only that—
(a)
a referendum or polling agent declares that there is reasonable cause
to believe that the person has committed an offence of personation,
20
or
(b)
the person is arrested on suspicion of committing or of being about
to commit an offence of personation.
Voting procedure
25
A ballot paper must be delivered to a voter who applies for one, subject to
25
any provision of these rules to the contrary.
26    (1)
In Northern Ireland a ballot paper must not be delivered to a voter unless the
voter has produced a specified document to the presiding officer or a clerk.
      (2)
A clerk or presiding officer in Northern Ireland to whom a specified
document is produced must not deliver a ballot paper to the voter if the clerk
30
or officer decides that—
(a)
the document raises a reasonable doubt as to whether the voter is the
elector or proxy he or she claims to be, or
(b)
the apparent age of the voter as compared with the date of birth
supplied in pursuance of section 10(4A)(b), 10A(1A)(b) or
35
13A(2A)(b) of the 1983 Act raises a reasonable doubt as to whether
the voter is the elector or proxy he or she claims to be.
      (3)
Where such a decision is made by a clerk, the clerk must refer the case to the
presiding officer, who must deal with it under this rule as if the specified
document had been produced to the officer in the first place.
40

The presiding officer must deal with the case in person (and accordingly rule
13(3) does not apply).

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
38

      (4)
For the purposes of this rule a specified document is one that for the time
being falls within the following list—
(a)
a licence to drive a motor vehicle if the licence bears the photograph
of the person to whom it is issued;
(b)
a passport issued by the Government of the United Kingdom or by
5
the Government of the Republic of Ireland;
(c)
an electoral identity card, issued under section 13C of the 1983 Act;
(d)
a Senior SmartPass issued under the Northern Ireland
Concessionary Fares Scheme for use from 1st May 2002;
(e)
a Blind Person’s SmartPass, issued under the Northern Ireland
10
Concessionary Fares Scheme for use from 1st May 2002;
(f)
a War Disabled SmartPass, issued under the Northern Ireland
Concessionary Fares Scheme for use from 1st May 2002;
(g)
a 60+ SmartPass issued under the Northern Ireland Concessionary
Fares Scheme for use from 1st October 2008.
15
      (5)
In paragraph (4)(a) “licence to drive a motor vehicle” means a licence
granted under—
(a)
Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act
1988,
(b)
the Road Traffic (Northern Ireland) Order 1981, or
20
(c)
any corresponding enactment for the time being in force,

and includes a Community licence within the meaning of those enactments.
      (6)
References in this rule to producing a document are to producing it for
inspection.
27    (1)
This rule applies where there is a duty to deliver a ballot paper to a voter
25
under rule 25.
      (2)
Immediately before delivery of the ballot paper—
(a)
the number and (unless paragraph (3) applies) name of the elector as
stated in the copy of the register of electors must be called out;
(b)
the number of the elector must be marked on the list mentioned in
30
rule 16(3)(d) beside the number of the ballot paper to be issued to the
elector;
(c)
a mark must 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
35
received;
(d)
in the case of a person applying for a ballot paper as proxy, a mark
must also be placed against the person’s name in the list of proxies.
      (3)
An elector who has an anonymous entry must show the presiding officer his
or her official poll card and only the number is to be called out in pursuance
40
of paragraph (2)(a).
      (4)
In the case of an elector who is added to the register in pursuance of a notice
issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act—
(a)
the reference in paragraph (2)(a) to the copy of the register of electors
is to be read as a reference to the copy of the notice;
45
(b)
the reference in paragraph (2)(c) to a mark being placed in the
register of electors is to be read as a reference to a mark being made
on the copy of the notice.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
39

28    (1)
Immediately after receiving a ballot paper the voter must—
(a)
proceed into one of the compartments in the polling station and there
secretly mark the paper and fold it up so as to conceal the vote, and
then
(b)
show to the presiding officer the back of the paper, so as to disclose
5
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.
      (2)
The voter must vote without undue delay, and must leave the polling station
as soon as he or she has put the ballot paper into the ballot box.
10
Votes marked by presiding officer
29    (1)
This rule applies where a voter applies to the presiding officer to mark the
voter’s ballot paper and the voter—
(a)
is incapacitated by blindness or other disability from voting in the
manner directed by these rules, or
15
(b)
declares orally that he or she is unable to read.
      (2)
The presiding officer must, in the presence of the polling agents—
(a)
cause the voter’s vote to be marked on a ballot paper in the manner
directed by the voter, and
(b)
cause the ballot paper to be placed in the ballot box,
20

but in Northern Ireland this is subject to paragraph (3).
      (3)
In the case of a voter who makes an application in Northern Ireland under
this rule, rule 26 applies as if the references to delivering a ballot paper were
references to causing the voter’s vote to be marked on the ballot paper.
      (4)
The name of every voter whose vote is marked in pursuance of this rule
25
must be entered on a list (in these rules called “the list of votes marked by
the presiding officer”), together with—
(a)
the voter’s number on the register of electors, and
(b)
the reason for the vote being marked in pursuance of this rule.
      (5)
In the case of a person voting as proxy for an elector, the number to be
30
entered together with the voter’s name is the elector’s number.
      (6)
In the case of a person in respect of whom a notice has been issued under
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the reference in
paragraph (4)(a) to the voter’s number on the register of electors is to be read
as a reference to the number relating to the voter on the notice.
35
Voting by people with disabilities
30    (1)
Paragraph (2) applies where a voter applies to the presiding officer, on the
ground of blindness or other disability or inability to read, to be allowed to
vote with the assistance of an accompanying person (in these rules referred
to as the “companion”).
40
      (2)
The presiding officer must grant the application if—
(a)
the voter makes an oral or written declaration that he or she is so
incapacitated by blindness or other disability, or by an inability to
read, as to be unable to vote without assistance,
(b)
the presiding officer is satisfied that the voter is so incapacitated, and
45

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
40

(c)
the presiding officer is satisfied by a written declaration made by the
companion (in these rules referred to as “the declaration made by the
companion of a voter with disabilities”) that the companion—
(i)
is a person qualified to assist the voter, and
(ii)
has not previously assisted more than one voter with
5
disabilities to vote in the referendum,

but in Northern Ireland this is subject to paragraph (3).
      (3)
In the case of a voter who makes an application in Northern Ireland under
this rule, rule 26 applies as if the references to delivering a ballot paper were
references to granting the voter’s application.
10
      (4)
For the purposes of paragraph (2)(c) a person is qualified to assist a voter
with disabilities to vote if the person—
(a)
is entitled to vote as an elector in the referendum, or
(b)
is the father, mother, brother, sister, spouse, civil partner, son or
daughter of the voter and has attained the age of 18 years.
15
      (5)
The declaration made by the companion—
(a)
must be in the form set out in Form 16 in Part 2 of this Schedule,
(b)
must be made before the presiding officer at the time when the voter
applies to vote with the assistance of the companion, and
(c)
must be given immediately to the presiding officer,
20

and the presiding officer must attest and retain the declaration.
      (6)
No fee or other payment may be charged in respect of the declaration.
      (7)
If the presiding officer grants an application under this rule, anything which
is by these rules required to be done to or by the voter in connection with the
giving of his or her vote may be done to, or with the assistance of, the
25
companion.
      (8)
The name of every voter whose vote is given in accordance with this rule
must be entered on a list (in these rules referred to as “the list of voters with
disabilities assisted by companions”) together with—
(a)
the voter’s number on the register of electors, and
30
(b)
the name and address of the companion.
      (9)
In the case of a person voting as proxy for an elector, the number to be
entered together with the voter’s name is the elector’s number.
     (10)
In the case of a person in respect of whom a notice has been issued under
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the reference in
35
paragraph (8)(a) to the voter’s number on the register of electors is to be read
as a reference to the number relating to the voter on the notice.
     (11)
For the purposes of these rules a person is a voter with disabilities if the
person has made a declaration under this rule.
Tendered ballot papers
40
31    (1)
In the following cases a person is entitled to mark a ballot paper (a “tendered
ballot paper”) in the same manner as any other voter if—
(a)
in cases 1 to 7, the person satisfactorily answers the questions
permitted by law to be asked at the poll;