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| | Procedure on close of poll |
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| | 28 (1) | In rule 37(1) of the referendum rules the reference to polling agents includes a |
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| | reference to polling agents appointed for the purposes of the relevant elections. |
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| | (2) | In rule 43(1) of the Assembly Elections Rules the reference to polling agents |
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| | (a) | polling agents appointed for the purposes of the referendum; |
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| | (b) | polling agents appointed for the purposes of the local election. |
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| | (3) | In rule 41(1) of the Local Elections Rules the reference to polling agents |
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| | (a) | polling agents appointed for the purposes of the referendum; |
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| | (b) | polling agents appointed for the purposes of the Assembly election. |
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| | 29 (1) | A packet made up under one of the following provisions may not be combined |
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| | with a packet made up under another of those provisions. |
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| | (a) | rule 37(1)(b), (c) or (f) of the referendum rules; |
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| | (b) | rule 43(1)(b), (c) or (e) of the Assembly Elections Rules; |
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| | (c) | rule 41(1)(b), (c) or (e) of the Local Elections Rules. |
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| | 30 (1) | The ballot paper account prepared under one of the following provisions may |
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| | not be combined with the ballot paper account made up under another of those |
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| | (a) | rule 37(6) of the referendum rules; |
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| | (b) | rule 43(3) of the Assembly Election Rules; |
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| | (c) | rule 41(3) of the Local Election Rules. |
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| | Attendance and arrangements for counting |
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| | 31 (1) | The Chief Electoral Officer must make arrangements for carrying out the |
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| | functions conferred by paragraph 32, and for counting the votes as soon as |
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| | practicable, in the presence of the counting agents. |
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| | (2) | The Chief Electoral Officer must give the counting agents— |
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| | (a) | notice in writing of the time and place at which the proceedings under |
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| | (b) | notice of the time and place at which the counting of the votes will |
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| | (3) | A person may be present at those proceedings or at the counting of the votes |
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| | only if the person falls within— |
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| | (a) | paragraphs (a) to (e) of rule 38(4) of the referendum rules, |
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| | (b) | paragraphs (a) to (e) of rule 44(2) of the Assembly Elections Rules, or |
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| | (c) | paragraphs (a) to (e) of rule 44(1) of the Local Elections Rules, |
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| | | or the person is permitted by the Chief Electoral Officer to attend. |
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| | (4) | The Chief Electoral Officer may give a person permission under sub- |
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| | (a) | the officer is satisfied that the person’s attendance will not impede the |
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| | efficient conduct of the proceedings, and |
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| | (b) | the officer has consulted the referendum agents and election agents or |
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| | thought it impracticable to do so. |
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| | (5) | The Chief Electoral Officer must give the counting agents— |
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| | (a) | whatever reasonable facilities for overseeing the proceedings |
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| | (including, in particular, facilities for satisfying themselves that the |
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| | ballot papers are correctly sorted), and |
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| | (b) | whatever information with respect to the proceedings, |
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| | | the officer can give them consistently with the orderly conduct of the |
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| | proceedings and the discharge of the officer’s duties. |
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| | Counting and separation of ballot papers |
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| | 32 (1) | As soon as practicable after the close of the poll the Chief Electoral Officer |
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| | (a) | in the presence of the counting agents, open the ballot boxes and count |
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| | and record separately the number of ballot papers relating to the |
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| | referendum and each relevant election; |
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| | (b) | count the postal ballot papers that have been duly returned for the |
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| | referendum and each relevant election and record separately the |
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| | (c) | separate the ballot papers relating to the referendum and those relating |
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| | to each relevant election. |
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| | (2) | A postal ballot paper is not to be taken to be duly returned unless— |
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| | (a) | it is returned in the proper envelope so as to reach the Chief Electoral |
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| | Officer before the close of the poll and is accompanied by the |
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| | declaration of identity duly signed and authenticated, and |
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| | (b) | in the case of an elector, the declaration of identity states the elector’s |
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| | date of birth and the Chief Electoral Officer is satisfied that the date |
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| | stated corresponds with the date supplied as the elector’s date of birth |
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| | in pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the |
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| | (3) | Unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the |
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| | declaration of identity referred to in sub-paragraph (2) is not to be taken to be |
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| | duly signed unless the Chief Electoral Officer is satisfied that the signature on |
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| | the declaration corresponds with the signature supplied as the elector’s |
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| | signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that |
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| | (4) | The Chief Electoral Officer must not count any tendered ballot papers. |
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| | (5) | The Chief Electoral Officer, while counting and recording the number of ballot |
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| | (a) | keep the ballot papers with their faces upwards, and |
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| | (b) | take all proper precautions for preventing anyone from seeing the |
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| | numbers or other unique identifying marks printed on the back of the |
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| | (6) | The Chief Electoral Officer must, in the presence of the referendum agents and |
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| | the election agents for the relevant elections— |
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| | (a) | verify each ballot paper account by comparing it with the number of |
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| | ballot papers recorded by the officer, and the unused and spoilt ballot |
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| | papers in the officer’s possession and the tendered votes list (opening |
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| | and resealing the packets containing the unused and spoilt ballot |
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| | papers and the tendered votes list); |
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| | (b) | draw up a separate statement as to the result of the verification in |
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| | (7) | An election agent for a relevant election may copy the statement relating to that |
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| | (8) | A counting agent for the referendum present at the verification may copy the |
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| | statement relating to the referendum. |
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| | (9) | Once the statement relating to the referendum is drawn up, the Chief Electoral |
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| | Officer must inform the Chief Counting Officer of the contents of the |
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| | (10) | If the Chief Electoral Officer has not begun to count the votes given on the |
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| | ballot papers for a particular poll by the time the statements under sub- |
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| | paragraph (6)(b) in relation to all the polls are prepared— |
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| | (a) | the ballot papers for that poll must be sealed into packets, each of |
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| | which must be endorsed with a description of its contents, and |
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| | (b) | the packets may not be opened until the Chief Electoral Officer begins |
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| | dealing with the ballot papers in those packets under paragraph 33(1). |
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| | 33 (1) | The Chief Electoral Officer must count the votes given on the ballot papers, |
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| | separately in respect of the referendum and each relevant election, but must not |
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| | (a) | in the case of postal ballot papers, they have been mixed with the ballot |
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| | papers from at least one ballot box; |
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| | (b) | in the case of ballot papers from a ballot box, they have been mixed |
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| | with the ballot papers from at least one other ballot box. |
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| | (2) | The Chief Electoral Officer, while counting the votes, must— |
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| | (a) | keep the ballot papers with their faces upwards, and |
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| | (b) | take all proper precautions for preventing anyone from seeing the |
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| | numbers or other unique identifying marks printed on the back of the |
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| | (3) | The Chief Electoral Officer must so far as practicable proceed continuously |
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| | with the counting of votes, allowing only time for refreshment, except that— |
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| | (a) | the officer may exclude the whole or any part of the period between |
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| | 11 pm and 9 am on the next day; |
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| | (b) | the officer may exclude a day mentioned in rule 2(1) of the referendum |
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| | (4) | During the time so excluded the Chief Electoral Officer must— |
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| | (a) | place the ballot papers and other documents relating to the referendum |
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| | or election under the officer’s own seal and the seals of any of the |
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| | counting agents who want to affix their seals, and |
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| | (b) | otherwise take proper precautions for the security of the papers and |
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| | 34 | Paragraphs 31 to 33 apply instead of— |
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| | (a) | rules 38 and 39 of the referendum rules; |
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| | (b) | rules 44 and 44B of the Assembly Elections Rules; |
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| | (c) | rules 43(1), 44 and 45 of the Local Elections Rules. |
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| | Ballot papers placed in wrong ballot box |
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| | 35 | Where separate ballot boxes are used for the referendum and a relevant |
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| | election, the placing of a ballot paper in the wrong ballot box does not render |
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| | 36 | The result of the referendum or a relevant election may not be declared until |
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| | the statement as to the result of the verification of the ballot paper accounts in |
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| | relation to each poll has been prepared. |
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| Disposal of documents etc |
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| | Retention of certain documents by Chief Electoral Officer |
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| | 37 (1) | Rules 49(1)(b) and 51 of the referendum rules apply to the documents specified |
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| | in sub-paragraphs (c) and (e) of paragraph (1) of rule 58 of the Local Elections |
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| | Rules, and that paragraph applies as if those sub-paragraphs were omitted. |
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| | (2) | Rule 56(8) of the Assembly Elections Rules and rule 59(7) of the Local |
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| | Elections Rules each have effect as if for “by this rule provided” there were |
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| | substituted “provided by this rule (or a court order)”. |
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| | Countermand or abandonment of poll |
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| | (a) | under rule 63 of the Assembly Elections Rules notice of the poll at an |
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| | Assembly election is countermanded or it is directed that the poll be |
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| | (b) | under rule 61 of the Local Elections Rules notice of the poll at a local |
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| | election is countermanded or it is directed that the poll be abandoned, |
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| | | the countermand or direction does not affect the poll for the other election or |
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| | the poll for the referendum. |
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| | (2) | If the poll for a relevant election is abandoned because of a candidate’s death— |
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| | (a) | no further ballot papers at that election must be delivered in any |
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| | (b) | at the close of the other polls the presiding officer must comply with |
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| | the requirements of rule 43 of the Assembly Elections Rules (where |
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| | the abandoned poll was the poll for the Assembly election) or rule 41 |
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| | of the Local Elections Rules (where the abandoned poll was the poll |
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| | for the local election) as if the poll for the relevant election had not |
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| | (c) | the Chief Electoral Officer must dispose of the ballot papers used at |
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| | the abandoned election and other documents in the officer’s |
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| | possession as the officer would have been required to do on the |
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| | completion of the counting of the votes. |
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| | (3) | In a case falling within sub-paragraph (2)— |
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| | (a) | a ballot paper account for the abandoned election need not be prepared |
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| | (b) | the Chief Electoral Officer, having separated the ballot papers relating |
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| | to the referendum and each relevant election, must take no further step |
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| | for the counting of the ballot papers used at the abandoned election or |
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| | for the counting of the votes; |
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| | (c) | the Chief Electoral Officer must seal up the ballot papers used at the |
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| | abandoned election whether the votes on them have been counted or |
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| | (d) | it is not necessary to seal up counted and rejected ballot papers used at |
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| | the abandoned election in separate packets. |
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| | (4) | This paragraph applies instead of— |
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| Form 2 - Form of declaration of identity (to be used where proceedings on issue and |
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| receipt of postal ballot papers combined) |
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| | | | | 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 |
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| 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 |
| | | | | | | | 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 |
| | | | | | | | 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]. |
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