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 7 — Combination of polls: Scotland
Part 2 — Application of provisions about issue and receipt of postal ballot papers
237

Provision
Modification

Paragraph 20 (procedure in
For “constituency returning officer” (in each place)

relation to postal voting
substitute “relevant returning or counting officer”.

statements)

Paragraph 20A (procedure
For “constituency returning officer” (in each place)

5

in relation to postal voting
substitute “relevant returning or counting officer”.

statements: personal

identifier verification)

Paragraph 20B (postal
For “constituency returning officer” (in each place)

voting statements:
substitute “relevant returning or counting officer”.

10

additional personal

identifier verification)

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

ballot box” substitute “lock the postal ballot box (if

it has a lock), and reseal it,”.

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Paragraph 21 (opening of
In sub-paragraph (1), for “constituency returning

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

officer”.

Paragraph 22 (retrieval of
In sub-paragraphs (1) and (3), for “returning

cancelled postal ballot
officer” substitute “relevant returning or counting

20

papers)
officer”.

In sub-paragraph (2)(f), for “votes under rule 55 of

the Scottish Parliamentary Election Rules”

substitute “ballot papers”.

Paragraph 23 (lists of
In sub-paragraph (1), for “any election, the

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rejected postal ballot papers)
constituency returning officer” substitute “the

Scottish parliamentary election and in respect of the

referendum, the relevant returning or counting

officer”.

Paragraph 24 (checking of
For “constituency returning officer” (in each place)

30

lists of rejected postal ballot
substitute “the relevant returning or counting

papers)
officer”.

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

area under rule 38 of the referendum rules”.

Paragraph 25 (confirming
In sub-paragraphs (1) and (2), for “constituency

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receipt of postal votes and
returning officer” substitute “the relevant returning

postal voting statements)
or counting officer”.

Paragraph 26 (sealing of
In sub-paragraph (1), for “constituency returning

receptacles)
officer” substitute “the relevant returning or

counting officer”.

40

Paragraph 27 (abandoned
In sub-paragraph (2), for “election” substitute

poll)
“poll”.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 2 — Application of provisions about issue and receipt of postal ballot papers
238

Provision
Modification

Paragraph 28 (forwarding or
At the beginning insert—

retention of documents)
“(A1)
Where proceedings on the issue and receipt

of postal ballot papers are taken together by

virtue of paragraph 2, the counting officer

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shall—

(a)
endorse on each packet referred to in

paragraphs 12, 13(7), 14(5), 19(8) and

26, subject to paragraph 27, a

description of its contents, the date of

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the election or referendum and the

area to which it relates;

(b)
complete a statement, in form W set

out in the Appendix, of the number

of postal ballot papers issued in

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respect of the election;

(c)
complete a statement, in the form set

out in Form 10 in Part 3 of Schedule 7

to the Parliamentary Voting System

and Constituencies Act 2010, of the

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number of postal ballot papers

issued in respect of the referendum;

(d)
retain the packets and the

statements.

(A2)
Where proceedings on the issue and receipt

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of postal ballot papers are not taken together

by virtue of paragraph 2—

(a)
sub-paragraph (A3) applies in

relation to documents that relate to

the referendum;

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(b)
sub-paragraph (1) applies in relation

to documents that relate to the

Scottish parliamentary election.

(A3)
The counting officer shall—

(a)
endorse on each packet referred to in

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paragraphs 12, 13(7), 14(5), 19(8) and

26 a description of its contents, the

date of the referendum and the

voting area to which it relates;

(b)
complete a statement, in the form set

40

out in Form 10 in Part 3 of Schedule 7

to the Parliamentary Voting System

and Constituencies Act 2010, of the

number of postal ballot papers

issued;

45

(c)
retain the packets and the

statement.”

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 2 — Application of provisions about issue and receipt of postal ballot papers
239

Provision
Modification

In sub-paragraph (2)—

(a)
in paragraph (a), for “Rule 53(1)(g) of the

Scottish Parliamentary Election Rules”

substitute “paragraph 15A”;

5

(b)
for “constituency returning officer”

substitute “relevant returning or counting

officer”;

(c)
for the words after “seal up such packet and

endorse” substitute “and deal with it in the

10

manner described in sub-paragraph (A1),

(A3) or (1) (as appropriate)”.

In sub-paragraph (3), for “Rules 68 and 69 of the

Scottish Parliamentary Elections Rules” substitute

“The rules specified in sub-paragraph (3A)”.

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After sub-paragraph (3) insert—

“(3A)
The rules are—

(a)
in a case where proceedings on the

issue and receipt of postal ballot

papers are taken together by virtue

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of paragraph 2—

(i)
rule 51 of the referendum

rules and rule 70 of the

Scottish Parliamentary

Elections Rules, and

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(ii)
rule 52 of the referendum

rules;

(b)
in any other case—

(i)
rule 51 of the referendum

rules or (as the case may be)

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rule 70 of the Scottish

Parliamentary Elections

Rules, and

(ii)
rule 52 of the referendum

rules or (as the case may be)

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rule 71 of the Scottish

Parliamentary Elections

Rules.”

In sub-paragraph (4)—

(a)
for “sub-paragraph (1)(b)” substitute “sub-

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paragraph (A1)(b) or (c), (A3)(b) or (1)(b)”;

(b)
for “constituency returning officer”

substitute “relevant returning or counting

officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 3 — Forms referred to in Part 1
240

Provision
Modification

In the Appendix, form W
In a case where proceedings on the issue and

receipt of postal ballot papers are taken together by

virtue of paragraph 2 of Schedule 4 to the Scottish

Parliamentary Election Order—

5

(a)
for “Returning Officer” or “Constituency

Returning Officer”, in each place, substitute

“Counting Officer”;

(b)
omit the Note.

Part 3
10
Forms referred to in Part 1

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

require.

Paragraphs 6(3) and 7(4)
Form 1 - Form of corresponding number list (to be used for combined polls)
15

Voting area/constituency: ........................................

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

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

Ballot Paper Number
Unique Identifying Mark
Elector Number (to be

(identify the number

completed only in respect of

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issued for the

ballot papers issued to

referendum/election)

postal voters)

25

30

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 3 — Forms referred to in Part 1
241

5

Paragraph 10(3)
Form 2 - Form of postal voting statement (to be used 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

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

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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)

IMPORTANT - Keep

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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

Issued by the counting officer

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Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 3 — Forms referred to in Part 1
242

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]

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

5

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

opposite the answer you are voting for. Vote once only. Do not mark the

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

3.
When you are voting in the Scottish Parliament election, you have two

ballot papers (a constituency ballot paper coloured [insert colour] and a

regional ballot paper coloured [insert colour]). Vote only once on each ballot

paper. Vote by marking a cross (X) in the box opposite the name of the party

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or candidate you are voting for. Do not put any other marks on the ballot

papers or your votes may not count.

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

you voted.

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

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

date of birth.

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

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station in the referendum or election.

9.
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

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possible.

!
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.

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

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

as a proxy for another person).

It is illegal to vote more than once in the constituency poll at the election

(unless you are appointed as a proxy for another person).

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It is illegal to vote more than once in the regional poll at the election (unless

you are appointed as a proxy for another person).

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 3 — Forms referred to in Part 1
243

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

*Delete as appropriate

Paragraph 11(2)
Form 3 - Form of postal voting statement (to be used for referendum where
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proceedings on issue and receipt of postal ballot papers not combined)

Postal Voting Statement

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

10

(insert colour)

*(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

15

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

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

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

#Signature

(voter’s signature)

IMPORTANT - Keep

20

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

Issued by the counting officer

25

INSTRUCTIONS TO THE VOTER