Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 2 — Application of provisions about issue and receipt of postal ballot papers
160

Provision
Modification

Regulation 85B (postal
For “returning officer” (in each place) substitute

voting statements:
“relevant returning or counting officer”.

additional personal

identifier verification)

5

In paragraph (3)(a) and (c), after “agents” insert “or

counting observers or both (as the case may be)”.

In paragraph (4), for “lock and reseal the postal

ballot box in the presence of the agents” substitute

“lock the postal ballot box (if it has a lock) and

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reseal it in the presence of the agents or counting

observers or both (as the case may be)”.

Regulation 86 (opening of
In paragraph (1), for “returning officer” substitute

ballot paper envelopes)
“relevant returning or counting officer”.

Regulation 86A (retrieval of
In paragraph (1), for “returning officer” substitute

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cancelled postal ballot
“relevant returning or counting officer”.

papers)

In paragraph (2)—

(a)
in sub-paragraph (b), after “agents” insert

“or counting observers or both (as the case

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may be)”;

(b)
in sub-paragraph (f), for “votes under rule

45 of the elections rules” substitute “ballot

papers” and after “agents” insert “or

counting observers or both (as the case may

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be)”.

In paragraph (3), for “returning officer” substitute

“relevant returning or counting officer”.

Regulation 87 (list of
In paragraph (1), for “In respect of any election, the

rejected postal ballot papers)
returning officer” substitute “In respect of each

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relevant election or referendum, the relevant

returning or counting officer”.

Regulation 88 (checking of
For “returning officer” (in each place) substitute

lists of rejected postal ballot
“the relevant returning or counting officer”.

papers)

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In paragraph (3), at the end insert “or voting area

under rule 38(1) of the referendum rules”.

Regulation 89 (sealing of
In paragraph (1), for “returning officer” substitute

receptacles)
“the relevant returning or counting officer”.

Regulation 90 (abandoned
In paragraph (2), for “election” substitute “poll”.

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poll)

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 2 — Application of provisions about issue and receipt of postal ballot papers
161

Provision
Modification

Regulation 91 (forwarding
In paragraph (1)—

or retention of documents)
(a)
for the words before sub-paragraph (a)

substitute “The relevant returning or

counting officer shall forward to the

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registration officer to whom he forwards the

documents mentioned in rule 55 of the

elections rules or rule 50 of the referendum

rules, at the same time as he forwards those

documents”;

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(b)
in paragraph (a), for the words from “the

election to which” to the end substitute

“each relevant election or referendum and

the area to which the packet relates”;

(c)
at the end insert—

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“A separate statement in Form K must be

completed for each relevant election or

referendum”.

In paragraph (3), for “returning officer” (in both

places) substitute “relevant returning or counting

20

officer”.

In paragraph (4), for “Rules 56 and 57 of the

elections rules” substitute “The rules specified in

paragraph (4A)”.

After sub-paragraph (4) insert—

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“(4A)
The rules are—

(a)
in a case where proceedings on the

issue and receipt of postal ballot

papers are taken together by virtue

of regulation 65—

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(i)
rule 51 of the referendum

rules and rule 56 of the

elections rules, and

(ii)
rule 52 of the referendum

rules;

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(b)
in any other case—

(i)
rule 51 of the referendum

rules or (as the case may be)

rule 56 of the elections rules,

and

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(ii)
rule 52 of the referendum

rules or (as the case may be)

rule 57 of the elections rules.”

In paragraph (5), for “returning officer” (in both

places) substitute “relevant returning or counting

45

officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 3 — Forms referred to in Part 1
162

Provision
Modification

In Schedule 3, Form K
In the case of the form used in relation to the

referendum under section 1—

(a)
for “PARLIAMENTARY ELECTION”

substitute “REFERENDUM ON THE

5

VOTING SYSTEM FOR UNITED

KINGDOM PARLIAMENTARY

ELECTIONS”;

(b)
for “constituency” substitute “voting area”;

(c)
for “returning officer” (in each place)

10

substitute “counting officer”.

Part 3
Forms referred to in Part 1

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

require.

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Paragraphs 9(2) and 10(3)
Form 1 - Form of corresponding number list (to be used for combined polls)

Voting area/electoral division/electoral area/ward/parish:

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

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

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

Ballot Paper Number
Unique Identifying Mark
Elector Number (to be

(identify the number

completed only in respect of

issued for the

ballot papers issued to

referendum/election)

postal voters)

25

30

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 3 — Forms referred to in Part 1
163

5

Paragraph 13(2)
Form 2 - Form of postal voting statement (for use where proceedings on issue
and receipt of postal ballot papers combined)

Postal Voting Statement

10

*Voter’s name: .................................
Ballot paper nos. ............................

*Counting officer to insert name but omit where ballot papers sent to an anonymous elector

[other identifying mark]

You must provide your [# signature and] date of birth. If you do not, the postal

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voting statement will be invalid and your vote will not be counted.

I AM THE PERSON THE BALLOT PAPERS NUMBERED ABOVE WERE SENT

TO

Date of birth
DDMMYYYY
(voter’s date of birth)

#Signature

(voter’s signature)

20

IMPORTANT - Keep

signature within border

#(Counting officer to omit where a person has been granted a waiver)

It is an offence to vote using a ballot paper that is not addressed to you.

PLEASE READ INSTRUCTIONS TO THE VOTER

25

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 3 — Forms referred to in Part 1
164

Issued by the counting officer

INSTRUCTIONS TO THE VOTER

Complete the ballot papers yourself and in private. If you need help, contact

the counting officer’s staff as shown below.

[contact details for assistance; include address as appropriate]

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1.
You must provide your [#signature and] date of birth. If you do not, the

postal voting statement will be invalid and your vote(s) 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

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opposite the answer you are voting for. Vote in one box only. Do not mark

the ballot paper in any other way or your vote may not be counted.

3.
[When you are voting in a local government election ([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 name of the candidate[s]* you are voting for. [Vote

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for ONE candidate only.]* [Vote for no more than [specify number]

candidates.]* Do not mark the ballot paper in any other way or your vote

may not be counted.]*

4.
[When you are voting in a [specify parish council] election ([insert colour of

ballot paper] ballot paper), mark a cross (X) in the box on the right hand side

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of the ballot paper opposite the name of the candidate[s]* you are voting for.

[Vote for ONE candidate only.]* [Vote for no more than [specify number]

candidates.]* Do not mark the ballot paper in any other way or your vote

may not be counted.]*

5.
[When you are voting in a [specify] referendum ([insert colour of ballot paper]

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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. Vote once only. Do not mark

the ballot paper in any other way or your vote may not be counted.]*

6.
[When you are voting for an elected Mayor ([insert colour of ballot paper]

ballot paper), mark a cross (X) in the box on the right hand side of the ballot

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paper opposite the name of the candidate[s]* you are voting for. [Vote for

ONE candidate only.]* [Vote ONCE (X) in column one for your first choice

and vote ONCE (X) in column two for your second choice.]* Do not mark

the ballot paper in any other way or your vote may not be counted.]*

7.
If you need help voting, the person helping you must not tell anyone how

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you voted.

8.
Put all the ballot papers in the small envelope marked A and seal it.

9.
Complete the postal voting statement by [#signing it, and] providing your

date of birth.

10.
Then put the envelope marked A together with the postal voting statement

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in the larger envelope marked B. Return it straightaway.

11.
After receiving this postal vote, you cannot vote in person at a polling

station in the referendum[s]* or election[s]*.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 3 — Forms referred to in Part 1
165

12.
If you accidentally spoil any of your ballot papers, you can apply to the

counting officer for replacements before 5 pm on [day/date of poll]. You must

return all the ballot papers, the postal voting statement and the envelopes

marked A and B. Make sure you contact the counting officer as soon as

possible.

5

!
Your ballot papers and the postal voting statement must be received by the

counting officer by 10 pm on [day/date of poll]. You can deliver your

completed postal votes to any polling station in your voting area on polling

day.

It is an offence to vote using a ballot paper that is not addressed to you.

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It is illegal to vote more than once in the same referendum (unless you are

appointed as a proxy for another person).

It is illegal to vote more than once at the same election (unless you are

appointed as a proxy for another person).

#(Counting officer to omit where a person has been granted a waiver)

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*Delete as appropriate

Paragraph 14(2)
Form 3 - Form of postal voting statement (for use where proceedings on issue
and receipt of postal ballot papers not combined)
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Postal Voting Statement

*Voter’s name: .................................
Ballot paper no. .......................

(insert colour)

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*Counting officer to insert name but omit where ballot papers sent to an anonymous elector

[other identifying mark]

You must provide your [# signature and] date of birth. If you do not, the postal

voting statement will be invalid and your vote will not be counted.

I AM THE PERSON THE BALLOT PAPER NUMBERED ABOVE WAS SENT TO

30

Date of birth
DDMMYYYY
(voter’s date of birth)

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 3 — Forms referred to in Part 1
166

#Signature

(voter’s signature)

IMPORTANT - Keep

signature within border

#(Counting officer to omit where a person has been granted a waiver)

It is an offence to vote using a ballot paper that is not addressed to you.

5

PLEASE READ INSTRUCTIONS TO THE VOTER

Issued by the counting officer

INSTRUCTIONS TO THE VOTER

Complete the ballot paper yourself and in private. If you need help, contact the

counting officer’s staff as shown below.

10

[contact details for assistance; include address as appropriate]

1.
You must provide your [#signature and] date of birth. You must do this

even if you have already signed a postal voting statement in respect of [an

election]*[or]*[another referendum]* to be held on the same day. If you do

not, the postal voting statement will be invalid and your vote will not be

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counted.

2.
Vote by marking one box only. Do not mark the ballot paper in any other

way 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.

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4.
If you need help in voting, the person helping you must not tell anyone how

you voted.

5.
Put the ballot paper in the small envelope marked A and seal it.

6.
Complete the postal voting statement by [#signing it, and] providing your

date of birth.

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7.
Then put the envelope marked A together with the postal voting statement

in the larger envelope marked B. Return it straightaway.

8.
After receiving this postal vote, you cannot vote in person at a polling

station in this referendum.

9.
If you accidentally spoil your ballot paper, you can apply to the counting

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officer for a replacement before 5 pm on [day/date of poll]. You must return

the spoilt ballot paper, the postal voting statement and the envelopes

marked A and B. Make sure you contact the counting officer as soon as

possible.