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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,”.

 

15

 

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

 

25

 

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

 

35

 

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

 

5

  

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

 

10

  

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

 

15

  

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

 

20

  

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

 

25

  

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;

 

30

  

(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

 

35

  

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)”.

 

15

 

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

 

20

  

of paragraph 2—

 
  

(i)   

rule 51 of the referendum

 
  

rules and rule 70 of the

 
  

Scottish Parliamentary

 
  

Elections Rules, and

 

25

  

(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)

 

30

  

rule 70 of the Scottish

 
  

Parliamentary Elections

 
  

Rules, and

 
  

(ii)   

rule 52 of the referendum

 
  

rules or (as the case may be)

 

35

  

rule 71 of the Scottish

 
  

Parliamentary Elections

 
  

Rules.”

 
  

In sub-paragraph (4)—

 
  

(a)   

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

 

40

  

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

 

20

 

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.

 

15

 

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

 

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

 
 

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

 

10

  

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

 

15

  

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.

 

20

 

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

 

25

  

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

 

30

  

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.

 

35

 

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).

 

40

 

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

5

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

 
 
 

 
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Revised 26 October 2010