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Committee of the whole House Proceedings: 25 October 2010    

229

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (2)  

In that case, this paragraph applies instead of the second sentence in rule 16(3)

 

of the referendum rules.

 

Ballot paper displayed in polling stations

 

17  (1)  

The large version of the ballot paper displayed inside the polling station under

 

rule 16(4)(a) of the referendum rules must be of the same colour as the ballot

 

papers to be used for the referendum.

 

      (2)  

The large version of the ballot paper displayed inside the polling station under

 

rule 29(3A)(a) of the Assembly Elections Rules must be of the same colour as

 

the ballot papers to be used for the Assembly election.

 

      (3)  

The large version of the ballot paper displayed inside the polling station under

 

rule 26(3A)(a) of the Local Elections Rules must be of the same colour as the

 

ballot papers to be used for the local election.

 

Guidance to be exhibited outside and inside polling stations

 

18  (1)  

Rule 16 of the referendum rules has effect as if—

 

(a)    

in paragraph (6), for “inside and outside every polling station” there

 

were substituted “outside every polling station and in every

 

compartment of every polling station”, and

 

(b)    

paragraph (7) were omitted.

 

      (2)  

Rule 29 of the Assembly Elections Rules has effect as if—

 

(a)    

in paragraph (4), for “inside and outside every polling station” there

 

were substituted “outside every polling station and in every

 

compartment of every polling station”, and

 

(b)    

paragraph (5) were omitted.

 

      (3)  

The notice referred to in rule 29(4) of the Assembly Elections Rules or rule

 

26(4) of the Local Elections Rules—

 

(a)    

must clearly indicate the election to which it relates, and

 

(b)    

must be on paper of the same colour as the ballot papers used for the

 

election to which it relates,

 

            

and the notice referred to in rule 16(6) of the referendum rules must be on paper

 

of the same colour as the ballot papers used for the referendum.

 

      (4)  

If the Chief Electoral Officer thinks fit, a notice in the form set out in Form 5

 

in Part 2 of this Schedule, giving directions for the guidance of voters in

 

voting—

 

(a)    

must be printed in conspicuous characters;

 

(b)    

must be exhibited outside every polling station and in every

 

compartment of every polling station.

 

      (5)  

In that case, paragraph (4) applies instead of—

 

(a)    

paragraphs (1) to (3);

 

(b)    

rule 16(6) and (7) of the referendum rules;

 

(c)    

rule 29(4) and (5) of the Assembly Elections Rules;

 

(d)    

rule 26(4) of the Local Elections Rules.

 

The poll

 

Admission to the polling station

 

19  (1)  

Rule 20(1) of the referendum rules has effect as if the persons listed there

 

included persons who would be entitled to be admitted to the polling station

 

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


 
 

Committee of the whole House Proceedings: 25 October 2010    

230

 

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 Proceedings: 25 October 2010    

231

 

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 Proceedings: 25 October 2010    

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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 Proceedings: 25 October 2010    

233

 

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 Proceedings: 25 October 2010    

234

 

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 Proceedings: 25 October 2010    

235

 

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


 
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