Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
41

      (5)
In paragraph (4)(a) “licence to drive a motor vehicle” means a licence
granted under—
(a)
Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act
1988,
(b)
the Road Traffic (Northern Ireland) Order 1981, or
5
(c)
any corresponding enactment for the time being in force,

and includes a Community licence within the meaning of those enactments.
      (6)
References in this rule to producing a document are to producing it for
inspection.
28    (1)
This rule applies where there is a duty to deliver a ballot paper to a voter
10
under rule 26.
      (2)
Immediately before delivery of the ballot paper—
(a)
the number and (unless paragraph (3) applies) name of the elector as
stated in the copy of the register of electors must be called out;
(b)
the number of the elector must be marked on the list mentioned in
15
rule 17(3)(d) beside the number of the ballot paper to be issued to the
elector;
(c)
a mark must be placed in the register of electors against the number
of the elector to note that a ballot paper has been received but
without showing the particular ballot paper which has been
20
received;
(d)
in the case of a person applying for a ballot paper as proxy, a mark
must also be placed against the person’s name in the list of proxies.
      (3)
An elector who has an anonymous entry must show the presiding officer his
or her official poll card and only the number is to be called out in pursuance
25
of paragraph (2)(a).
      (4)
In the case of an elector who is added to the register in pursuance of a notice
issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act—
(a)
the reference in paragraph (2)(a) to the copy of the register of electors
is to be read as a reference to the copy of the notice;
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(b)
the reference in paragraph (2)(c) to a mark being placed in the
register of electors is to be read as a reference to a mark being made
on the copy of the notice.
29    (1)
Immediately after receiving a ballot paper the voter must—
(a)
proceed into one of the compartments in the polling station and there
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secretly mark the paper and fold it up so as to conceal the vote, and
then
(b)
show to the presiding officer the back of the paper, so as to disclose
the number and other unique identifying mark, and put the ballot
paper so folded up into the ballot box in the presiding officer’s
40
presence.
      (2)
The voter must vote without undue delay, and must leave the polling station
as soon as he or she has put the ballot paper into the ballot box.
Votes marked by presiding officer
30    (1)
This rule applies where a voter applies to the presiding officer to mark the
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voter’s ballot paper and the voter—

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
42

(a)
is incapacitated by blindness or other disability from voting in the
manner directed by these rules, or
(b)
declares orally that he or she is unable to read.
      (2)
The presiding officer must, in the presence of the polling agents—
(a)
cause the voter’s vote to be marked on a ballot paper in the manner
5
directed by the voter, and
(b)
cause the ballot paper to be placed in the ballot box,

but in Northern Ireland this is subject to paragraph (3).
      (3)
In the case of a voter who makes an application in Northern Ireland under
this rule, rule 27 applies as if the references to delivering a ballot paper were
10
references to causing the voter’s vote to be marked on the ballot paper.
      (4)
The name of every voter whose vote is marked in pursuance of this rule
must be entered on a list (in these rules called “the list of votes marked by
the presiding officer”), together with—
(a)
the voter’s number on the register of electors, and
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(b)
the reason for the vote being marked in pursuance of this rule.
      (5)
In the case of a person voting as proxy for an elector, the number to be
entered together with the voter’s name is the elector’s number.
      (6)
In the case of a person in respect of whom a notice has been issued under
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the reference in
20
paragraph (4)(a) to the voter’s number on the register of electors is to be read
as a reference to the number relating to the voter on the notice.
Voting by people with disabilities
31    (1)
Paragraph (2) applies where a voter applies to the presiding officer, on the
ground of blindness or other disability or inability to read, to be allowed to
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vote with the assistance of an accompanying person (in these rules referred
to as the “companion”).
      (2)
The presiding officer must grant the application if—
(a)
the voter makes an oral or written declaration that he or she is so
incapacitated by blindness or other disability, or by an inability to
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read, as to be unable to vote without assistance,
(b)
the presiding officer is satisfied that the voter is so incapacitated, and
(c)
the presiding officer is satisfied by a written declaration made by the
companion (in these rules referred to as “the declaration made by the
companion of a voter with disabilities”) that the companion—
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(i)
is a person qualified to assist the voter, and
(ii)
has not previously assisted more than one voter with
disabilities to vote in the referendum,

but in Northern Ireland this is subject to paragraph (3).
      (3)
In the case of a voter who makes an application in Northern Ireland under
40
this rule, rule 27 applies as if the references to delivering a ballot paper were
references to granting the voter’s application.
      (4)
For the purposes of paragraph (2)(c) a person is qualified to assist a voter
with disabilities to vote if the person—
(a)
is entitled to vote as an elector in the referendum, or
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Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
43

(b)
is the father, mother, brother, sister, spouse, civil partner, son or
daughter of the voter and has attained the age of 18 years.
      (5)
The declaration made by the companion—
(a)
must be in the form set out in Form 14 in Part 2 of this Schedule,
(b)
must be made before the presiding officer at the time when the voter
5
applies to vote with the assistance of the companion, and
(c)
must be given immediately to the presiding officer,

and the presiding officer must attest and retain the declaration.
      (6)
No fee or other payment may be charged in respect of the declaration.
      (7)
If the presiding officer grants an application under this rule, anything which
10
is by these rules required to be done to or by the voter in connection with the
giving of his or her vote may be done to, or with the assistance of, the
companion.
      (8)
The name of every voter whose vote is given in accordance with this rule
must be entered on a list (in these rules referred to as “the list of voters with
15
disabilities assisted by companions”) together with—
(a)
the voter’s number on the register of electors, and
(b)
the name and address of the companion.
      (9)
In the case of a person voting as proxy for an elector, the number to be
entered together with the voter’s name is the elector’s number.
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     (10)
In the case of a person in respect of whom a notice has been issued under
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the reference in
paragraph (8)(a) to the voter’s number on the register of electors is to be read
as a reference to the number relating to the voter on the notice.
     (11)
For the purposes of these rules a person is a voter with disabilities if the
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person has made a declaration under this rule.
Tendered ballot papers
32    (1)
In the following cases a person is entitled to mark a ballot paper (a “tendered
ballot paper”) in the same manner as any other voter if—
(a)
in cases 1 to 7, the person satisfactorily answers the questions
30
permitted by law to be asked at the poll;
(b)
in case 8, the person satisfactorily answers the questions permitted
by law to be asked at the poll other than the question at entry 1(c) in
the table in rule 24.

Rule 33 makes further provision about tendered ballot papers.
35
      (2)
Case 1 is that—
(a)
a person applies for a ballot paper,
(b)
the person claims—
(i)
to be a particular elector named on the register, and
(ii)
not to be named in the postal voters list or the list of proxies,
40

and
(c)
another person has already voted in person either as that elector or
as proxy for that elector.
      (3)
Case 2 is that—

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
44

(a)
a person applies for a ballot paper,
(b)
the person claims to be—
(i)
a particular person named in the list of proxies as proxy for
an elector, and
(ii)
not entitled to vote by post as proxy,
5

and
(c)
another person has already voted in person either as that elector or
as proxy for that elector.
      (4)
Rule 27 applies in relation to a voter in Northern Ireland who seeks to mark
a tendered ballot paper in reliance on Case 1 or 2 as it applies in relation to
10
a voter who applies for a ballot paper under rule 26.
      (5)
Case 3 is that—
(a)
a person applies for a ballot paper,
(b)
the person claims to be a particular elector named on the register,
(c)
the person is also named in the postal voters list, and
15
(d)
the person claims not to have made an application to vote by post.
      (6)
Case 4 is that—
(a)
a person applies for a ballot paper,
(b)
the person claims to be a particular person named as a proxy in the
list of proxies,
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(c)
the person is also named in the proxy postal voters list, and
(d)
the person claims not to have made an application to vote by post as
proxy.
      (7)
Case 5 is that, before the close of the poll but after the last time at which a
person may apply for a replacement postal ballot paper—
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(a)
a person claims to be a particular elector named on the register and
also named in the postal voters list, and
(b)
the person claims to have lost or not received the postal ballot paper.
      (8)
Case 6 is that, before the close of the poll but after the last time at which a
person may apply for a replacement postal ballot paper—
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(a)
a person claims to be a particular person named as a proxy in the list
of proxies and also named in the proxy postal voters list, and
(b)
the person claims to have lost or not received the postal ballot paper.
      (9)
Case 7 is that—
(a)
a person applies for a ballot paper in Northern Ireland, and
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(b)
there has been a refusal under paragraph (2) of rule 27 (including
that paragraph as applied by rule 30 or 31 or this rule) by a presiding
officer.
     (10)
Case 8 is that—
(a)
a person applies for a ballot paper in Northern Ireland, and
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(b)
the person fails to answer the question at entry 1(c) in the table in
rule 24 satisfactorily.
     (11)
In the case of an elector who has an anonymous entry, the references in this
rule to a person named on a register or list are to be read as references to a
person whose number appears on the register or list (as the case may be).
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Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
45

     (12)
In the case of a person in respect of whom a notice has been issued under
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the references in this rule
to a person named on the register are to be read as references to a person in
respect of whom such a notice has been issued.
33    (1)
Tendered ballot papers must be a different colour from the other ballot
5
papers.
      (2)
A person in Northern Ireland who marks a tendered ballot paper in reliance
on Case 7 or 8 in rule 32 must sign the paper, unless it is marked after an
application was refused under rule 30 or 31.
      (3)
If a tendered ballot paper is required to be signed under paragraph (2) and
10
the paper is not signed, the paper is void.
      (4)
Tendered ballot papers must be given to the presiding officer instead of
being put into the ballot box.
      (5)
On receiving a tendered ballot paper from a voter the presiding officer must
endorse it with the voter’s name and number on the register of electors.
15
      (6)
The presiding officer must set tendered ballot papers aside in a separate
packet.
      (7)
The name and number on the register of electors of every voter whose vote
is marked in pursuance of rule 32 must be entered on a list (in these rules
referred to as the “tendered votes list”).
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      (8)
In the case of a person voting as proxy for an elector, the number to be
endorsed or entered together with the voter’s name is the elector’s number.
      (9)
In the case of an elector who has an anonymous entry, the references in
paragraphs (5) and (7) to the name of the voter are to be ignored.
     (10)
In the case of a person in respect of whom a notice has been issued under
25
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the references in
paragraphs (5) and (7) to the voter’s number on the register of electors are to
be read as references to the number relating to the voter on the notice.
Refusal to deliver ballot paper
34
A decision by a presiding officer taken under paragraph (2) of rule
30
27, including that paragraph as applied by rule 30, 31 or 32, is final (except
that it is subject to review in proceedings brought by an application for
judicial review).
Spoilt ballot papers
35    (1)
This rule applies if a voter has inadvertently dealt with his or her ballot
35
paper in a manner which means that it cannot conveniently be used as a
ballot paper and—
(a)
the voter delivers the ballot paper (in these rules referred to as “a
spoilt ballot paper”) to the presiding officer, and
(b)
proves the fact of the inadvertence to the satisfaction of the officer.
40
      (2)
The voter may obtain a replacement ballot paper and the spoilt ballot paper
must be cancelled immediately.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
46

Correction of errors on day of poll
36
The presiding officer must keep a list of persons to whom ballot papers are
delivered in consequence of an alteration to the register made by virtue of
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act that takes effect on the day
of the poll.
5
Adjournment of poll in case of riot
37    (1)
Where the proceedings at a polling station are interrupted or obstructed by
riot or open violence, the presiding officer must adjourn the proceedings till
the following day and must give notice to the counting officer as soon as
practicable.
10
      (2)
Where the poll is adjourned at a polling station—
(a)
the hours of polling on the day to which it is adjourned must be the
same as for the original day, and
(b)
references in these rules to the close of the poll are to be read
accordingly.
15
Procedure on close of poll
38    (1)
As soon as practicable after the close of the poll, the presiding officer must,
in the presence of any polling agents, make up into separate packets—
(a)
each ballot box in use at the station, sealed so as to prevent the
introduction of additional ballot papers and unopened, but with the
20
key (if any) attached;
(b)
the unused and spoilt ballot papers placed together;
(c)
the tendered ballot papers;
(d)
the marked copies of the registers of electors (including any marked
copy notices issued under section 13B(3B) or (3D) or 13BA(9) of the
25
1983 Act) and of the list of proxies;
(e)
the lists prepared under rule 6, including the parts that were
completed in accordance with rule 28(2)(b) (together referred to in
these rules as “the completed corresponding number lists”);
(f)
the certificates as to employment on duty on the day of the poll;
30
(g)
the tendered votes list, the list of voters with disabilities assisted by
companions, the list of votes marked by the presiding officer, a
statement of the number of voters whose votes are so marked by the
presiding officer under the heads “disability” and “unable to read”,
the list maintained under rule 36, and the declarations made by the
35
companions of voters with disabilities.
      (2)
The marked copies of the registers of electors (including any marked copy
notices issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act) and
of the list of proxies must be in one packet and must not be in the same
packet as the completed corresponding number lists or the certificates as to
40
employment on duty on the day of the poll.
      (3)
The packets must be sealed with—
(a)
the presiding officer’s seal, and
(b)
the seals of any polling agents who want to affix their seals.
      (4)
The presiding officer must deliver the packets, or cause them to be delivered,
45
to the counting officer to be taken charge of by that officer.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
47

      (5)
If the packets are not delivered by the presiding officer personally to the
counting officer, their delivery must be in accordance with arrangements
approved by the counting officer.
      (6)
The packets must be accompanied by a statement (in these rules referred to
as “the ballot paper account”) made by the presiding officer showing the
5
number of ballot papers entrusted to him or her, and accounting for them
under the following heads—
(a)
ballot papers issued and not otherwise accounted for,
(b)
unused ballot papers,
(c)
spoilt ballot papers, and
10
(d)
tendered ballot papers.
Counting of votes
Attendance at the count
39    (1)
The counting officer must make arrangements for counting the votes in the
presence of the counting agents as soon as practicable after the close of the
15
poll.
      (2)
The counting officer must give the counting agents notice in writing of the
time and place at which the counting of votes will begin.
      (3)
A person may be present at the counting of the votes only if—
(a)
the person falls within paragraph (4), or
20
(b)
the person is permitted by the counting officer to attend.
      (4)
The persons within this paragraph are—
(a)
the Chief Counting Officer, the Regional Counting Officer (where the
voting area is in a region for which a Regional Counting Officer is
appointed) and the counting officer;
25
(b)
the counting officer’s clerks;
(c)
the referendum agents;
(d)
the counting agents;
(e)
persons who are entitled to attend by virtue of any of sections 6A
to 6D of the 2000 Act.
30
      (5)
The counting officer may give a person permission under paragraph (3)(b)
only if—
(a)
the officer is satisfied that the person’s attendance will not impede
the efficient counting of the votes, and
(b)
the officer has consulted the referendum agents or thought it
35
impracticable to do so.
      (6)
The counting officer must give the counting agents—
(a)
whatever reasonable facilities for overseeing the proceedings, and
(b)
whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the
40
proceedings and the discharge of the officer’s duties.
      (7)
In particular, where the votes are counted by sorting the ballot papers
according to the answer for which the vote is given and then counting the
number of ballot papers for each answer, the counting agents are entitled to
satisfy themselves that the ballot papers are correctly sorted.
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