Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
258

      (2)
In that case, the forms required to be used for official poll cards for the
referendum and relevant elections must be adapted in whatever manner
seems necessary.
Ballot boxes
15    (1)
If the Chief Electoral Officer thinks fit, the same ballot box may be used at
5
the polls for the referendum and the relevant elections.
      (2)
Where separate ballot boxes are used, each must be clearly marked to
show—
(a)
the poll to which it relates, and
(b)
the colour of ballot papers that should be placed in it.
10
Form of corresponding number lists provided to polling stations
16    (1)
If the Chief Electoral Officer thinks fit, the lists to be provided under the
following provisions may be combined in the form set out in Form 4 in Part
2 of this Schedule—
(a)
rule 17(3)(d) of the referendum rules;
15
(b)
rule 29(3)(e) of the Assembly Elections Rules.
      (2)
In that case, this paragraph applies instead of the second sentence in rule
17(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
20
under rule 17(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.
25
      (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 17 of the referendum rules has effect as if—
30
(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—
35
(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
40
26(4) of the Local Elections Rules—
(a)
must clearly indicate the election to which it relates, and

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
259

(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 17(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
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.
10
      (5)
In that case, paragraph (4) applies instead of—
(a)
paragraphs (1) to (3);
(b)
rule 17(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.
15
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.
20
      (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
25
(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
30
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.
35
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),
40
after “at this” (in each place) there were inserted “local”.

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
260

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 28(2) of the referendum rules;
5
(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
10
referendum and the relevant elections, a single mark must be placed in the
register against the number of the elector under—
(a)
rule 28(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.
15
      (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—
20
(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
25
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
30
marked in a way that identifies—
(a)
the proxy,
(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—
35
(a)
rule 28(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
40
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—

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
261

(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 30(4) of the referendum rules,
5
(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.
10
      (2)
In this paragraph “declaration made by the companion of a voter with
disabilities” means a declaration made by a companion under—
(a)
rule 31 of the referendum rules,
(b)
rule 39 of the Assembly Elections Rules, or
(c)
rule 36 of the Local Elections Rules.
15
      (3)
This paragraph applies instead of—
(a)
rule 31(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
20
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—
25
(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 31(8) of the referendum rules,
30
(b)
rule 39(4) of the Assembly Elections Rules, or
(c)
rule 36(4) of the Local Elections Rules.
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.
35
      (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—
40
(a)
rule 33(7) of the referendum rules,

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
262

(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
5
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.
10
      (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 36 of the referendum rules,
(b)
rule 41B of the Assembly Elections Rules, or
15
(c)
rule 39A of the Local Elections Rules.
Procedure on close of poll
28    (1)
In rule 38(1) of the referendum rules the reference to polling agents includes
a reference to polling agents appointed for the purposes of the relevant
elections.
20
      (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
25
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.
30
      (2)
The provisions are—
(a)
rule 38(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
35
may not be combined with the ballot paper account made up under another
of those provisions.
      (2)
The provisions are—
(a)
rule 38(6) of the referendum rules;
(b)
rule 43(3) of the Assembly Election Rules;
40
(c)
rule 41(3) of the Local Election Rules.

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Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
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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.
5
      (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.
10
      (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 39(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,
15

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
20
(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
25
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
30
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;
35
(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.
40
      (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

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
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(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
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.
5
      (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
10
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
15
(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—
20
(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);
25
(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
30
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
35
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
40
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
45
not do so until—