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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

 
 

 
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