House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Committee of the whole House: 19 October 2010
567

Parliamentary Voting System and Constituencies Bill, continued

      (2)
Rule 32(1) of the Assembly Elections Rules has effect as if the persons listed

there included—

(a)
persons who would be entitled to be admitted to the polling station for

the referendum if the poll for the referendum were held on its own, and

(b)
persons who would be entitled to be admitted to the polling station for

the local election if the poll for that election were held on its own.

      (3)
Rule 29(1) of the Local Elections Rules has effect as if the persons listed there

included—

(a)
persons who would be entitled to be admitted to the polling station for

the referendum if the poll for the referendum were held on its own, and

(b)
persons who would be entitled to be admitted to the polling station for

the Assembly election if the poll for that election were held on its own.

Questions to be put to voters

20  (1)
Rule 35 of the Assembly Elections Rules has effect as if, in the questions in

entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place)

there were inserted “Assembly”.

      (2)
Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2),

after “at this” (in each place) there were inserted “local”.

Voting procedure: copies of registers and lists of proxies

21  (1)
If the Chief Electoral Officer thinks fit, the same copy of the register of electors

may be used under the following provisions for the purposes of the referendum

and the relevant elections—

(a)
rule 27(2) of the referendum rules;

(b)
rule 37(1) of the Assembly Elections Rules;

(c)
rule 34(1) of the Local Elections Rules.

      (2)
Sub-paragraphs (3) and (4) apply where the same copy of the register is used

as mentioned in sub-paragraph (1).

      (3)
In a case where a ballot paper is delivered at the same time in respect of the

referendum and the relevant elections, a single mark must be placed in the

register against the number of the elector under—

(a)
rule 27(2)(c) of the referendum rules,

(b)
rule 37(1)(d) of the Assembly Elections Rules, and

(c)
rule 34(1)(d) of the Local Elections Rules.

      (4)
In any other case, a mark must be placed in the register against the number of

the elector identifying the poll to which each ballot paper delivered relates.

      (5)
In the case of an elector who is added to the register in pursuance of a notice

issued under section 13BA(9) of the 1983 Act—

(a)
references in this paragraph to the copy of the register of electors are

to be read as references to the copy of the notice;

(b)
references to a mark being placed in the register of electors are to be

read as references to a mark being made on the copy of the notice.

22  (1)
If the Chief Electoral Officer thinks fit, he or she may require the relevant

registration officer to produce a combined list of proxies for the referendum

and the relevant elections.

      (2)
The following provisions apply where the lists are combined and a person

applies for a ballot paper as proxy.

      (3)
Immediately before delivery of the ballot paper the list of proxies must be

marked in a way that identifies—

(a)
the proxy,

Committee of the whole House: 19 October 2010
568

Parliamentary Voting System and Constituencies Bill, continued

(b)
the elector for whom the proxy is applying for the ballot paper, and

(c)
the referendum or relevant election to which the ballot paper relates.

      (4)
Sub-paragraph (3) applies instead of—

(a)
rule 27(2)(d) of the referendum rules;

(b)
rule 37(1)(e) of the Assembly Elections Rules;

(c)
rule 34(1)(e) of the Local Elections Rules.

List of votes marked by presiding officer

23  (1)
If the Chief Electoral Officer thinks fit, a single list of votes marked by the

presiding officer may be used for the purposes of the referendum and the

relevant elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “list of votes marked by the presiding officer” means a list

compiled under—

(a)
rule 29(4) of the referendum rules,

(b)
rule 38(2) of the Assembly Elections rules, or

(c)
rule 35(3) of the Local Elections Rules.

Declaration to be made by the companion of a voter with disabilities

24  (1)
A declaration made by the companion of a voter with disabilities must be in

the form set out in Form 6 in Part 2 of this Schedule.

      (2)
In this paragraph “declaration made by the companion of a voter with

disabilities” means a declaration made by a companion under—

(a)
rule 30 of the referendum rules,

(b)
rule 39 of the Assembly Elections Rules, or

(c)
rule 36 of the Local Elections Rules.

      (3)
This paragraph applies instead of—

(a)
rule 30(5)(a) of the referendum rules;

(b)
rule 39(5)(a) of the Assembly Elections Rules;

(c)
rule 36(5)(a) of the Local Rules.

List of voters with disabilities assisted by companions

25  (1)
If the Chief Electoral Officer thinks fit, a single list of voters with disabilities

assisted by companions may be used for the purposes of the referendum and

the relevant elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “list of voters with disabilities assisted by companions”

means a list compiled under—

(a)
rule 30(8) of the referendum rules,

(b)
rule 39(4) of the Assembly Elections Rules, or

(c)
rule 36(4) of the Local Elections Rules.

Committee of the whole House: 19 October 2010
569

Parliamentary Voting System and Constituencies Bill, continued

Tendered votes list

26  (1)
If the Chief Electoral Officer thinks fit, a single tendered votes list may be used

for the purposes of the referendum and the relevant elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “tendered votes list” means a list compiled under—

(a)
rule 32(7) of the referendum rules,

(b)
rule 40(3) of the Assembly Elections Rules, or

(c)
rule 37(6) of the Local Elections Rules.

Lists relating to correction of errors on day of poll

27  (1)
If the Chief Electoral Officer thinks fit, a single list of persons to whom ballot

papers are delivered in consequence of late alterations to the register may be

used for the purposes of the referendum and the relevant elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “list of persons to whom ballot papers are delivered in

consequence of late alterations to the register” means a list compiled under—

(a)
rule 35 of the referendum rules,

(b)
rule 41B of the Assembly Elections Rules, or

(c)
rule 39A of the Local Elections Rules.

Procedure on close of poll

28  (1)
In rule 37(1) of the referendum rules the reference to polling agents includes a

reference to polling agents appointed for the purposes of the relevant elections.

      (2)
In rule 43(1) of the Assembly Elections Rules the reference to polling agents

includes a reference to—

(a)
polling agents appointed for the purposes of the referendum;

(b)
polling agents appointed for the purposes of the local election.

      (3)
In rule 41(1) of the Local Elections Rules the reference to polling agents

includes a reference to—

(a)
polling agents appointed for the purposes of the referendum;

(b)
polling agents appointed for the purposes of the Assembly election.

29  (1)
A packet made up under one of the following provisions may not be combined

with a packet made up under another of those provisions.

      (2)
The provisions are—

(a)
rule 37(1)(b), (c) or (f) of the referendum rules;

(b)
rule 43(1)(b), (c) or (e) of the Assembly Elections Rules;

(c)
rule 41(1)(b), (c) or (e) of the Local Elections Rules.

30  (1)
The ballot paper account prepared under one of the following provisions may

not be combined with the ballot paper account made up under another of those

provisions.

      (2)
The provisions are—

(a)
rule 37(6) of the referendum rules;

Committee of the whole House: 19 October 2010
570

Parliamentary Voting System and Constituencies Bill, continued

(b)
rule 43(3) of the Assembly Election Rules;

(c)
rule 41(3) of the Local Election Rules.

Counting of votes

Attendance and arrangements for counting

31  (1)
The Chief Electoral Officer must make arrangements for carrying out the

functions conferred by paragraph 32, and for counting the votes as soon as

practicable, in the presence of the counting agents.

      (2)
The Chief Electoral Officer must give the counting agents—

(a)
notice in writing of the time and place at which the proceedings under

paragraph 32 will begin;

(b)
notice of the time and place at which the counting of the votes will

begin.

      (3)
A person may be present at those proceedings or at the counting of the votes

only if the person falls within—

(a)
paragraphs (a) to (e) of rule 38(4) of the referendum rules,

(b)
paragraphs (a) to (e) of rule 44(2) of the Assembly Elections Rules, or

(c)
paragraphs (a) to (e) of rule 44(1) of the Local Elections Rules,


or the person is permitted by the Chief Electoral Officer to attend.

      (4)
The Chief Electoral Officer may give a person permission under sub-

paragraph (3) only if—

(a)
the officer is satisfied that the person’s attendance will not impede the

efficient conduct of the proceedings, and

(b)
the officer has consulted the referendum agents and election agents or

thought it impracticable to do so.

      (5)
The Chief Electoral Officer must give the counting agents—

(a)
whatever reasonable facilities for overseeing the proceedings

(including, in particular, facilities for satisfying themselves that the

ballot papers are correctly sorted), and

(b)
whatever information with respect to the proceedings,


the officer can give them consistently with the orderly conduct of the

proceedings and the discharge of the officer’s duties.

Counting and separation of ballot papers

32  (1)
As soon as practicable after the close of the poll the Chief Electoral Officer

must—

(a)
in the presence of the counting agents, open the ballot boxes and count

and record separately the number of ballot papers relating to the

referendum and each relevant election;

(b)
count the postal ballot papers that have been duly returned for the

referendum and each relevant election and record separately the

number relating to each;

(c)
separate the ballot papers relating to the referendum and those relating

to each relevant election.

      (2)
A postal ballot paper is not to be taken to be duly returned unless—

(a)
it is returned in the proper envelope so as to reach the Chief Electoral

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 Chief Electoral Officer is satisfied that the date

Committee of the whole House: 19 October 2010
571

Parliamentary Voting System and Constituencies Bill, continued

stated 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.

      (3)
Unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the

declaration of identity referred to in sub-paragraph (2) is not to be taken to be

duly signed unless the Chief Electoral 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.

      (4)
The Chief Electoral Officer must not count any tendered ballot papers.

      (5)
The Chief Electoral Officer, while counting and recording the number of ballot

papers, 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 the

papers.

      (6)
The Chief Electoral Officer must, in the presence of the referendum agents and

the election agents for the relevant elections—

(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 (opening

and resealing the packets containing the unused and spoilt ballot

papers and the tendered votes list);

(b)
draw up a separate statement as to the result of the verification in

relation to each poll.

      (7)
An election agent for a relevant election may copy the statement relating to that

relevant election.

      (8)
A counting agent for the referendum present at the verification may copy the

statement relating to the referendum.

      (9)
Once the statement relating to the referendum is drawn up, the Chief Electoral

Officer must inform the Chief Counting Officer of the contents of the

statement.

    (10)
If the Chief Electoral Officer has not begun to count the votes given on the

ballot papers for a particular poll by the time the statements under sub-

paragraph (6)(b) in relation to all the polls are prepared—

(a)
the ballot papers for that poll must be sealed into packets, each of

which must be endorsed with a description of its contents, and

(b)
the packets may not be opened until the Chief Electoral Officer begins

dealing with the ballot papers in those packets under paragraph 33(1).

Counting of votes

33  (1)
The Chief Electoral Officer must count the votes given on the ballot papers,

separately in respect of the referendum and each relevant election, but must not

do so until—

(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.

      (2)
The Chief Electoral Officer, while counting the votes, must—

(a)
keep the ballot papers with their faces upwards, and

Committee of the whole House: 19 October 2010
572

Parliamentary Voting System and Constituencies Bill, continued

(b)
take all proper precautions for preventing anyone from seeing the

numbers or other unique identifying marks printed on the back of the

papers.

      (3)
The Chief Electoral Officer must so far as practicable proceed continuously

with the counting of votes, allowing only time for refreshment, except that—

(a)
the officer may exclude the whole or any part of the period between

11 pm and 9 am on the next day;

(b)
the officer may exclude a day mentioned in rule 2(1) of the referendum

rules.

      (4)
During the time so excluded the Chief Electoral Officer must—

(a)
place the ballot papers and other documents relating to the referendum

or election under the officer’s own seal and the seals of any of the

counting agents who want to affix their seals, and

(b)
otherwise take proper precautions for the security of the papers and

documents.

Application

34
Paragraphs 31 to 33 apply instead of—

(a)
rules 38 and 39 of the referendum rules;

(b)
rules 44 and 44B of the Assembly Elections Rules;

(c)
rules 43(1), 44 and 45 of the Local Elections Rules.

Ballot papers placed in wrong ballot box

35
Where separate ballot boxes are used for the referendum and a relevant

election, the placing of a ballot paper in the wrong ballot box does not render

it void.

Declaration of result

Declaration

36
The result of the referendum or a relevant election may not be declared until

the statement as to the result of the verification of the ballot paper accounts in

relation to each poll has been prepared.

Disposal of documents etc

Retention of certain documents by Chief Electoral Officer

37  (1)
Rules 49(1)(b) and 51 of the referendum rules apply to the documents specified

in sub-paragraphs (c) and (e) of paragraph (1) of rule 58 of the Local Elections

Rules, and that paragraph applies as if those sub-paragraphs were omitted.

      (2)
Rule 56(8) of the Assembly Elections Rules and rule 59(7) of the Local

Elections Rules each have effect as if for “by this rule provided” there were

substituted “provided by this rule (or a court order)”.

Countermand or abandonment of poll

38  (1)
Where—

(a)
under rule 63 of the Assembly Elections Rules notice of the poll at an

Assembly election is countermanded or it is directed that the poll be

abandoned, or

Committee of the whole House: 19 October 2010
573

Parliamentary Voting System and Constituencies Bill, continued

(b)
under rule 61 of the Local Elections Rules notice of the poll at a local

election is countermanded or it is directed that the poll be abandoned,


the countermand or direction does not affect the poll for the other election or

the poll for the referendum.

      (2)
If the poll for a relevant election is abandoned because of a candidate’s death—

(a)
no further ballot papers at that election must be delivered in any

polling station;

(b)
at the close of the other polls the presiding officer must comply with

the requirements of rule 43 of the Assembly Elections Rules (where

the abandoned poll was the poll for the Assembly election) or rule 41

of the Local Elections Rules (where the abandoned poll was the poll

for the local election) as if the poll for the relevant election had not

been abandoned;

(c)
the Chief Electoral Officer must dispose of the ballot papers used at

the abandoned election and other documents in the officer’s

possession as the officer would have been required to do on the

completion of the counting of the votes.

      (3)
In a case falling within sub-paragraph (2)—

(a)
a ballot paper account for the abandoned election need not be prepared

or verified;

(b)
the Chief Electoral Officer, having separated the ballot papers relating

to the referendum and each relevant election, must take no further step

for the counting of the ballot papers used at the abandoned election or

for the counting of the votes;

(c)
the Chief Electoral Officer must seal up the ballot papers used at the

abandoned election whether the votes on them have been counted or

not;

(d)
it is not necessary to seal up counted and rejected ballot papers used at

the abandoned election in separate packets.

      (4)
This paragraph applies instead of—

(a)
rule 65(1) to (6) of the Assembly Elections Rules;

(b)
rule 61(2) of the Local Elections Rules.

Part 2

Forms referred to in Part 1

Note - The forms contained in this Part may be adapted so far as circumstances require.

Paragraphs 7(2) and 8(3)



© Parliamentary copyright 2010	Revised 19 October 2010