Parliamentary Voting System and Constituencies Bill

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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
41

(b)
in case 8, the person satisfactorily answers the questions permitted
by law to be asked at the poll other than the question at entry 1(c) in
the table in rule 23.

Rule 32 makes further provision about tendered ballot papers.
      (2)
Case 1 is that—
5
(a)
a person applies for a ballot paper,
(b)
the person claims—
(i)
to be a particular elector named on the register, and
(ii)
not to be named in the postal voters list or the list of proxies,

and
10
(c)
another person has already voted in person either as that elector or
as proxy for that elector.
      (3)
Case 2 is that—
(a)
a person applies for a ballot paper,
(b)
the person claims to be—
15
(i)
a particular person named in the list of proxies as proxy for
an elector, and
(ii)
not entitled to vote by post as proxy,

and
(c)
another person has already voted in person either as that elector or
20
as proxy for that elector.
      (4)
Rule 26 applies in relation to a voter in Northern Ireland who seeks to mark
a tendered ballot paper in reliance on Case 1 or 2 as it applies in relation to
a voter who applies for a ballot paper under rule 25.
      (5)
Case 3 is that—
25
(a)
a person applies for a ballot paper,
(b)
the person claims to be a particular elector named on the register,
(c)
the person is also named in the postal voters list, and
(d)
the person claims not to have made an application to vote by post.
      (6)
Case 4 is that—
30
(a)
a person applies for a ballot paper,
(b)
the person claims to be a particular person named as a proxy in the
list of proxies,
(c)
the person is also named in the proxy postal voters list, and
(d)
the person claims not to have made an application to vote by post as
35
proxy.
      (7)
Case 5 is that, before the close of the poll but after the last time at which a
person may apply for a replacement postal ballot paper—
(a)
a person claims to be a particular elector named on the register and
also named in the postal voters list, and
40
(b)
the person claims to have lost or not received the postal ballot paper.
      (8)
Case 6 is that, before the close of the poll but after the last time at which a
person may apply for a replacement postal ballot paper—
(a)
a person claims to be a particular person named as a proxy in the list
of proxies and also named in the proxy postal voters list, and
45
(b)
the person claims to have lost or not received the postal ballot paper.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
42

      (9)
Case 7 is that—
(a)
a person applies for a ballot paper in Northern Ireland, and
(b)
there has been a refusal under paragraph (2) of rule 26 (including
that paragraph as applied by rule 29 or 30 or this rule) by a presiding
officer.
5
     (10)
Case 8 is that—
(a)
a person applies for a ballot paper in Northern Ireland, and
(b)
the person fails to answer the question at entry 1(c) in the table in
rule 23 satisfactorily.
     (11)
In the case of an elector who has an anonymous entry, the references in this
10
rule to a person named on a register or list are to be read as references to a
person whose number appears on the register or list (as the case may be).
     (12)
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 references in this rule
to a person named on the register are to be read as references to a person in
15
respect of whom such a notice has been issued.
32    (1)
Tendered ballot papers must be a different colour from the other ballot
papers.
      (2)
A person in Northern Ireland who marks a tendered ballot paper in reliance
on Case 7 or 8 in rule 31 must sign the paper, unless it is marked after an
20
application was refused under rule 29 or 30.
      (3)
If a tendered ballot paper is required to be signed under paragraph (2) and
the paper is not signed, the paper is void.
      (4)
Tendered ballot papers must be given to the presiding officer instead of
being put into the ballot box.
25
      (5)
On receiving a tendered ballot paper from a voter the presiding officer must
endorse it with the voter’s name and number on the register of electors.
      (6)
The presiding officer must set tendered ballot papers aside in a separate
packet.
      (7)
The name and number on the register of electors of every voter whose vote
30
is marked in pursuance of rule 31 must be entered on a list (in these rules
referred to as the “tendered votes list”).
      (8)
In the case of a person voting as proxy for an elector, the number to be
endorsed or entered together with the voter’s name is the elector’s number.
      (9)
In the case of an elector who has an anonymous entry, the references in
35
paragraphs (5) and (7) to the name of the voter are to be ignored.
     (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 references in
paragraphs (5) and (7) to the voter’s number on the register of electors are to
be read as references to the number relating to the voter on the notice.
40
Refusal to deliver ballot paper
33
A decision by a presiding officer taken under paragraph (2) of rule
26, including that paragraph as applied by rule 29, 30 or 31, is final (except

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
43

that it is subject to review in proceedings brought by an application for
judicial review).
Spoilt ballot papers
34    (1)
This rule applies if a voter has inadvertently dealt with his or her ballot
paper in a manner which means that it cannot conveniently be used as a
5
ballot paper and—
(a)
the voter delivers the ballot paper (in these rules referred to as “a
spoilt ballot paper”) to the presiding officer, and
(b)
proves the fact of the inadvertence to the satisfaction of the officer.
      (2)
The voter may obtain a replacement ballot paper and the spoilt ballot paper
10
must be cancelled immediately.
Correction of errors on day of poll
35
The presiding officer must keep a list of persons to whom ballot papers are
delivered in consequence of an alteration to the register made by virtue of
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act that takes effect on the day
15
of the poll.
Adjournment of poll in case of riot
36    (1)
Where the proceedings at a polling station are interrupted or obstructed by
riot or open violence, the presiding officer must adjourn the proceedings till
the following day and must give notice to the counting officer as soon as
20
practicable.
      (2)
Where the poll is adjourned at a polling station—
(a)
the hours of polling on the day to which it is adjourned must be the
same as for the original day, and
(b)
references in these rules to the close of the poll are to be read
25
accordingly.
Procedure on close of poll
37    (1)
As soon as practicable after the close of the poll, the presiding officer must,
in the presence of any polling agents, make up into separate packets—
(a)
each ballot box in use at the station, sealed so as to prevent the
30
introduction of additional ballot papers and unopened, but with the
key (if any) attached;
(b)
the unused and spoilt ballot papers placed together;
(c)
the tendered ballot papers;
(d)
the marked copies of the registers of electors (including any marked
35
copy notices issued under section 13B(3B) or (3D) or 13BA(9) of the
1983 Act) and of the list of proxies;
(e)
the lists prepared under rule 6, including the parts that were
completed in accordance with rule 27(2)(b) (together referred to in
these rules as “the completed corresponding number lists”);
40
(f)
the certificates as to employment on duty on the day of the poll;
(g)
the tendered votes list, the list of voters with disabilities assisted by
companions, the list of votes marked by the presiding officer, a
statement of the number of voters whose votes are so marked by the

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
44

presiding officer under the heads “disability” and “unable to read”,
the list maintained under rule 35, and the declarations made by the
companions of voters with disabilities.
      (2)
The marked copies of the registers of electors (including any marked copy
notices issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act) and
5
of the list of proxies must be in one packet and must not be in the same
packet as the completed corresponding number lists or the certificates as to
employment on duty on the day of the poll.
      (3)
The packets must be sealed with—
(a)
the presiding officer’s seal, and
10
(b)
the seals of any polling agents who want to affix their seals.
      (4)
The presiding officer must deliver the packets, or cause them to be delivered,
to the counting officer to be taken charge of by that officer.
      (5)
If the packets are not delivered by the presiding officer personally to the
counting officer, their delivery must be in accordance with arrangements
15
approved by the counting officer.
      (6)
The packets must be accompanied by a statement (in these rules referred to
as “the ballot paper account”) made by the presiding officer showing the
number of ballot papers entrusted to him or her, and accounting for them
under the following heads—
20
(a)
ballot papers issued and not otherwise accounted for,
(b)
unused ballot papers,
(c)
spoilt ballot papers, and
(d)
tendered ballot papers.
Counting of votes
25
Attendance at the count
38    (1)
The counting officer must make arrangements for counting the votes in the
presence of the counting agents as soon as practicable after the close of the
poll.
      (2)
The counting officer must give the counting agents notice in writing of the
30
time and place at which the counting of votes will begin.
      (3)
A person may be present at the counting of the votes only if—
(a)
the person falls within paragraph (4), or
(b)
the person is permitted by the counting officer to attend.
      (4)
The persons within this paragraph are—
35
(a)
the Chief Counting Officer, the Regional Counting Officer (where the
voting area is in a region for which a Regional Counting Officer is
appointed) and the counting officer;
(b)
the counting officer’s clerks;
(c)
the referendum agents;
40
(d)
the counting agents;
(e)
persons who are entitled to attend by virtue of any of sections 6A
to 6D of the 2000 Act.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
45

      (5)
The counting officer may give a person permission under paragraph (3)(b)
only if—
(a)
the officer is satisfied that the person’s attendance will not impede
the efficient counting of the votes, and
(b)
the officer has consulted the referendum agents or thought it
5
impracticable to do so.
      (6)
The counting officer must give the counting agents—
(a)
whatever reasonable facilities for overseeing the proceedings, and
(b)
whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the
10
proceedings and the discharge of the officer’s duties.
      (7)
In particular, where the votes are counted by sorting the ballot papers
according to the answer for which the vote is given and then counting the
number of ballot papers for each answer, the counting agents are entitled to
satisfy themselves that the ballot papers are correctly sorted.
15
The count
39    (1)
The counting officer must—
(a)
in the presence of the counting agents open each ballot box and count
and record the number of ballot papers in it;
(b)
in the presence of the referendum agents verify each ballot paper
20
account;
(c)
count the postal ballot papers that have been duly returned and
record the number counted.
      (2)
The counting officer must not count the votes given on any ballot papers
until—
25
(a)
in the case of postal ballot papers, they have been mixed with the
ballot papers from at least one ballot box;
(b)
in the case of ballot papers from a ballot box, they have been mixed
with the ballot papers from at least one other ballot box.
      (3)
In England and Wales or Scotland a postal ballot paper is not to be taken to
30
be duly returned unless—
(a)
it is returned in the manner prescribed by the relevant regulations
and reaches the counting officer or a polling station in the
appropriate area before the close of the poll,
(b)
the postal voting statement, duly signed, is also returned in the
35
manner prescribed by the relevant regulations and reaches the
counting officer or polling station before that time,
(c)
the postal voting statement also states the date of birth of the elector
or proxy (as the case may be), and
(d)
in a case where an elector’s or proxy’s date of birth and signature are
40
to be verified in accordance with the relevant regulations, the
counting officer verifies the date of birth and signature of the elector
or proxy (as the case may be).

In paragraph (a) “the appropriate area” means the voting area containing the
address in respect of which the elector is registered.
45
      (4)
In Northern Ireland a postal ballot paper is not to be taken to be duly
returned unless—

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
46

(a)
it is returned in the proper envelope so as to reach the counting
officer before the close of the poll and is accompanied by the
declaration of identity duly signed and authenticated, and
(b)
in the case of an elector, the declaration of identity states the elector’s
date of birth and the counting officer is satisfied that the date stated
5
corresponds with the date supplied as the elector’s date of birth in
pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983
Act.
      (5)
In the case of an elector in Northern Ireland, unless section 10(4B), 10A(1B)
or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in
10
paragraph (4) is not to be taken to be duly signed unless the counting officer
is satisfied that the signature on the declaration corresponds with the
signature supplied as the elector’s signature in pursuance of section
10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that Act.
      (6)
The counting officer must not count any tendered ballot papers.
15
      (7)
The counting officer, while counting and recording the number of ballot
papers and counting the votes, must—
(a)
keep the ballot papers with their faces upwards, and
(b)
take all proper precautions for preventing anyone from seeing the
numbers or other unique identifying marks printed on the back of
20
the papers.
      (8)
The counting officer must—
(a)
verify each ballot paper account by comparing it with the number of
ballot papers recorded by the officer, and the unused and spoilt
ballot papers in the officer’s possession and the tendered votes list
25
(opening and resealing the packets containing the unused and spoilt
ballot papers and the tendered votes list);
(b)
draw up a statement as to the result of the verification.
      (9)
Any counting agent present at the verification may copy the statement
drawn up under paragraph (8)(b).
30
     (10)
Once the statement is drawn up the counting officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
Officer is appointed, inform the Regional Counting Officer of the
contents of the statement;
(b)
in the case of any other voting area, inform the Chief Counting
35
Officer of the contents of the statement.
     (11)
The counting officer must so far as practicable proceed continuously with
the counting of votes, allowing only time for refreshment, except that—
(a)
the officer may, with the agreement of the counting agents, exclude
the whole or any part of the period between 7 pm and 9 am on the
40
next day;
(b)
the officer may exclude a day mentioned in rule 2(1).
     (12)
During the time so excluded the counting officer must—
(a)
place the ballot papers and other documents relating to the election
under the officer’s own seal and the seals of any of the counting
45
agents who want to affix their seals, and
(b)
otherwise take proper precautions for the security of the papers and
documents.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
47

     (13)
For the purposes of paragraph (11)(a) the agreement of a referendum agent
is effective as the agreement of his or her counting agents.
Re-count
40    (1)
A person within paragraph (2) who is present at the completion of the
counting (or any re-count) of the votes in a voting area may require the
5
counting officer to have the votes for that area re-counted (or again re-
counted), but the counting officer may refuse to do so if in the officer’s
opinion the requirement is unreasonable.
      (2)
The persons within this paragraph are—
(a)
referendum agents;
10
(b)
counting agents who, in relation to the count (or re-count), are
designated under rule 17(2).
      (3)
No step is to be taken on the completion of the counting (or any re-count) of
the votes until the persons within paragraph (2) present at its completion
have been given a reasonable opportunity to exercise the right conferred by
15
this rule.
      (4)
A counting officer may not conduct a re-count once a direction has been
given under rule 42(3)(b).
Rejected ballot papers
41    (1)
Any ballot paper—
20
(a)
that does not bear the official mark, or
(b)
on which a vote is given for both answers to the referendum
question, or
(c)
on which anything is written or marked by which the voter can be
identified (except the printed number and other unique identifying
25
mark on the back), or
(d)
which is unmarked or does not indicate the voter’s intention with
certainty,

is void and not to be counted.
      (2)
But a ballot paper on which the vote is marked—
30
(a)
elsewhere than in the proper place, or
(b)
otherwise than by means of a cross, or
(c)
by more than one mark,

is not to be treated as void for that reason if the voter’s intended answer to
the referendum question is apparent, and the way the paper is marked does
35
not itself identify the voter and it is not shown that the voter can be identified
by it.
      (3)
The counting officer must endorse the word “rejected” on any ballot paper
which under this rule is not to be counted, and must add to the endorsement
the words “rejection objected to” if an objection is made by a counting agent
40
to the officer’s decision.
      (4)
The counting officer must draw up a statement showing the number of
ballot papers rejected under each of the following heads—
(a)
no official mark;
(b)
both answers voted for;
45