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Committee of the whole House: 25 October 2010            

878

 

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: 25 October 2010            

879

 

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)

 

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

 

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

 
 

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

 
 

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

 

 
 

Committee of the whole House: 25 October 2010            

880

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

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)

 
     
     
     
     
     
     
     
     
     
     
     
     
     
     
 

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

 

 
 

Committee of the whole House: 25 October 2010            

881

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

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: 25 October 2010            

882

 

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

 
 

Back of form

 

INSTRUCTIONS TO THE VOTER

 
 

1. You must sign this declaration of identity, even if you have already signed a declaration

 
 

of identity in respect of an election to be held on the same day. You must sign 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. Vote once only. Put no other mark on the ballot paper or your vote may not be counted.

 
 

3. 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.

 
 

4. Put the ballot paper 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 paper must be received by the counting

 
 

officer not later than the close of the poll.

 
 

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

 
 

once (otherwise than as proxy) in this referendum.

 
 

6. In this referendum you cannot vote in person at a polling station.

 
 

7. 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, 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: 25 October 2010            

883

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Paragraph 16(1)

 

Form 4 - Form of corresponding number list (to be used in polling stations for

 

combined polls)

 

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

 
 

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

 
 

Polling Station: .....................................

 
 

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

 
 

Ballot Paper Number (identify the

Elector Number

 
 

number issued for the referendum/

  
 

election)

  
    
    
    
    
    
    
    
    
    
    
    
    
    
    

 
 

Committee of the whole House: 25 October 2010            

884

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Paragraph 18(4)

 

Form 5 - guidance for voters to be exhibited outside every polling station and in

 

every compartment inside

 

1.

When you are given your ballot papers go to one of the compartments.

 
 

2.

On the [insert colour] referendum 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.

 
 

3.

On the ballot paper for the election to the Northern Ireland Assembly ([insert colour]

 
  

ballot paper), and the ballot paper for the election of district councillors ([insert colour]

 
  

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.

 
 

4.

Vote once only in the referendum. In the Assembly election and the election for district

 
  

councillors, 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.

 
 

5.

If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another

 
  

one.

 
 

6.

Fold each ballot paper in two. Show the presiding officer the number and other unique

 
  

identifying mark on the back of each ballot paper, but do not let anyone see your vote. Put

 
  

each ballot paper in the [appropriate]* ballot box and leave the polling station.

 
   
 

* Complete or omit as necessary.

 
   
 

Paragraph 24(1)

 

Form 6 - Form of declaration to be made by the companion of a voter with

 

disabilities

 

I, ................................................................................................... (name of companion)

 
 

of .................................................................................................. (address of companion)

 
 

having been requested to assist ..................................................... (name of voter)

 
 

[in the case of a person with disabilities voting as proxy, add

 
 

voting as proxy for ........................................................................ (name of elector)]

 
 

whose name on the register is .................................................. to record their vote at the

 
 

[referendum]* [and]* [election(s)*]* being held in this [voting area]* [/constituency]* [/

 
 

district electoral area]*

 
 

hereby declare that

 
 

(a)    

[I am entitled to vote as an elector at the said [referendum]* [and]*

 
 

[election(s)]*,]*

 
 

(b)    

[I am the #.................................. of the said voter and have attained the age of 18

 
 

years,]* and

 
 

(c)    

I have not previously assisted any voter with disabilities [except ..........................

 
 

(name of other elector), of .......................... (address of other elector)], to vote at

 
 

the said [referendum]* [or]* [election(s)*]*.

 
 

#State the relationship of the companion to the voter.

 
 

*Delete as appropriate.

 
 

(Signed) .......................................... (companion)

 
 

Date ................................................

 
 

I, the undersigned, being the presiding officer for the .............. polling station for ..............

 
 

the [insert name of voting area] hereby certify that the above declaration, having been first

 
 

read to the above-named declarant, was signed by the declarant in my presence.

 
 

(Signed)..........................................

 
 

Date ...............................................

 
 

Time ........................................ (am/pm)

 
 


 
 

NOTE: (1) If the person making the above declaration knowingly and wilfully makes

 
 

therein a statement false in a material particular, he or she will be guilty of an offence.

 
 

(2) A voter with disabilities is a voter who has made a declaration that he or she is so

 
 

incapacitated by blindness or other disability, or by an inability to read, as to be unable to

 
 

vote without assistance.’.

 

 
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