|
| |
|
(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 |
| |
| |
| Rule 32 makes further provision about tendered ballot papers. |
| |
| 5 |
(a) | a person applies for a ballot paper, |
| |
| |
(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, |
| |
| 10 |
(c) | another person has already voted in person either as that elector or |
| |
as proxy for that elector. |
| |
| |
(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 |
| |
| |
(ii) | not entitled to vote by post as proxy, |
| |
| |
(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. |
| |
| 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. |
| |
| 30 |
(a) | a person applies for a ballot paper, |
| |
(b) | the person claims to be a particular person named as a proxy in the |
| |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
| |
(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 |
| |
| 5 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
that it is subject to review in proceedings brought by an application for |
| |
| |
| |
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 |
| |
(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 |
| |
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 |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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. |
| |
| 25 |
| |
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 |
| |
| |
(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 |
| |
(e) | persons who are entitled to attend by virtue of any of sections 6A |
| |
| |
|
| |
|
| |
|
(5) | The counting officer may give a person permission under paragraph (3)(b) |
| |
| |
(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 |
| |
(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 |
| |
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 |
| |
(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 |
| |
| 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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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. |
| |
| |
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— |
| |
| 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 |
| |
(4) | A counting officer may not conduct a re-count once a direction has been |
| |
given under rule 42(3)(b). |
| |
| |
| 20 |
(a) | that does not bear the official mark, or |
| |
(b) | on which a vote is given for both answers to the referendum |
| |
| |
(c) | on which anything is written or marked by which the voter can be |
| |
identified (except the printed number and other unique identifying |
| 25 |
| |
(d) | which is unmarked or does not indicate the voter’s intention with |
| |
| |
| 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 |
| |
| |
(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— |
| |
| |
(b) | both answers voted for; |
| 45 |
|
| |
|