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Committee of the whole House: 20 October 2010            

721

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

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;

 

(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—


 
 

Committee of the whole House: 20 October 2010            

722

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(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

 

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.


 
 

Committee of the whole House: 20 October 2010            

723

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (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

 

(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.


 
 

Committee of the whole House: 20 October 2010            

724

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

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

 

(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—


 
 

Committee of the whole House: 20 October 2010            

725

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(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)

 

Form 1 - Form of corresponding number list (to be used for combined polls)

 

Voting area/constituency/district electoral area: ........................................

 
 

Date of Poll: .........................................

 
 

Sheet No.: .............................................

 
 

Ballot Paper Number

Unique Identifying Mark

Elector Number (to be

 
 

(identify the number

(identify the mark for each

completed only in respect of

 
 

issued for the

ballot paper)

ballot papers issued to

 
 

referendum/election)

 

postal voters)

 
     
     
     
     
     
     
     
     
     
     
     
     
     
     

 
 

Committee of the whole House: 20 October 2010            

726

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Paragraph 10(2)

 

Form 2 - Form of declaration of identity (to be used where proceedings on issue and

 

receipt of postal ballot papers combined)

 

Front of form

 

Declaration of identity

 
 

Ballot Papers nos. ............................................

 
 

I am the person to whom the ballot papers numbered above were sent.

 
 

My date of birth is .............. (you are not required to give your date of birth if you are to

 
 

vote as a proxy for someone else).

 
 

Voter’s signature .........................................

 
 

The voter, who is personally known to me, has signed this declaration in my presence.

 
 

Witness’s signature ......................................................................................

 
 

Name of witness (WRITE CLEARLY) ............................................................

 
 

Address of witness (WRITE CLEARLY) .......................................................

 
 

........................................................................................................................

 
 

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

 
 

Back of form

 

INSTRUCTIONS TO THE VOTER

 
 

1. You must sign this declaration of identity in the presence of a person known to you.

 
 

That person should then sign this declaration as a witness, adding his or her name and

 
 

address. Without this the declaration will be invalid and your vote will not be counted.

 
 

2. When you are voting in the referendum on the voting system for United Kingdom

 
 

parliamentary elections ([insert colour of ballot paper] ballot paper), mark a cross (X) in

 
 

the box on the right hand side of the ballot paper opposite the answer you are voting for.

 
 

Do this secretly. If you cannot vote without assistance, the person assisting you must not

 
 

disclose how you have voted. Vote once only. Do not mark the ballot paper in any other

 
 

way or your vote may not be counted.

 
 

3. When you are voting in the election to the Northern Ireland Assembly or for the

 
 

election of district councillors, different colours are used for the ballot papers for each

 
 

election.

 
 

4. When you are voting in the election to the Northern Ireland Assembly ([insert colour of

 
 

ballot paper] ballot paper), number the candidates in order of preference, putting “1”

 
 

against the candidate of your 1st preference, “2” against your 2nd preference and so on.

 
 

You should not put the same preference against more than one candidate. You may show

 
 

your preference for as many or as few candidates as you wish. Put no other mark on the

 
 

ballot paper, or your vote may not be counted. Do this secretly. If you cannot vote without

 
 

assistance, the person assisting you must not disclose how you have voted.

 
 

5. When you are voting in the election of district councillors ([insert colour of ballot

 
 

paper] ballot paper), number the candidates in order of preference, putting “1” against the

 
 

candidate of your 1st preference, “2” against your 2nd preference and so on. You should

 
 

not put the same preference against more than one candidate. You may show your

 
 

preference for as many or as few candidates as you wish. Put no other mark on the ballot

 
 

paper, or your vote may not be counted. Do this secretly. If you cannot vote without

 
 

assistance, the person assisting you must not disclose how you have voted.

 
 

6. Put the ballot papers in the small envelope marked “A” and seal it. Then put the

 
 

envelope marked “A”, together with the declaration of identity, in the larger envelope

 
 

marked “B”. Return it without delay. The ballot papers must be received by the counting

 
 

officer not later than the close of the poll.

 
 

7. If you receive more than one ballot paper, remember that it is illegal to vote more than

 
 

once (otherwise than as proxy) at the same election or to vote more than once (otherwise

 
 

than as proxy) in the referendum. You are entitled to vote at different elections which are

 
 

held on the same day.

 
 

8. In this referendum or in these elections you cannot vote in person at a polling station.

 
 

9. If by mistake you spoil your ballot paper, you can apply to the counting officer for

 
 

another one. With your application you must return, in your own envelope, the spoilt

 
 

ballot paper(s), the declaration of identity and the envelopes marked “A” and “B”. We can

 
 

only issue replacement postal ballot papers before 5 p.m. on [-1 day/date deadline].

 
   

 
 

Committee of the whole House: 20 October 2010            

727

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Paragraph 11(2)

 

Form 3 - Form of declaration of identity (to be used where proceedings on issue and

 

receipt of postal ballot papers not combined)

 

Front of form

 

Declaration of identity

 
 

Referendum on the voting system for United Kingdom parliamentary elections

 
 

Ballot Paper no.............................................

 
 

(insert colour)

 
 

I am the person to whom the ballot paper numbered above was sent.

 
 

My date of birth is .............. (you are not required to give your date of birth if you are to

 
 

vote as a proxy for someone else).

 
 

Voter’s signature .........................................

 
 

The voter, who is personally known to me, has signed this declaration in my presence.

 
 

Witness’s signature ......................................................................................

 
 

Name of witness (WRITE CLEARLY) ............................................................

 
 

Address of witness (WRITE CLEARLY) .......................................................

 
 

........................................................................................................................

 
 

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

 

 
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