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 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
48

The count
40    (1)
The counting officer must—
(a)
in the presence of the counting agents open each ballot box and count
and record the number of ballot papers in it;
(b)
in the presence of the referendum agents verify each ballot paper
5
account;
(c)
count the postal ballot papers that have been duly returned and
record the number counted.
      (2)
The counting officer must not count the votes given on any ballot papers
until—
10
(a)
in the case of postal ballot papers, they have been mixed with the
ballot papers from at least one ballot box;
(b)
in the case of ballot papers from a ballot box, they have been mixed
with the ballot papers from at least one other ballot box.
      (3)
In England and Wales or Scotland a postal ballot paper is not to be taken to
15
be duly returned unless—
(a)
it is returned in the manner prescribed by the relevant regulations
and reaches the counting officer or a polling station in the
appropriate area before the close of the poll,
(b)
the postal voting statement, duly signed, is also returned in the
20
manner prescribed by the relevant regulations and reaches the
counting officer or polling station before that time,
(c)
the postal voting statement also states the date of birth of the elector
or proxy (as the case may be), and
(d)
in a case where an elector’s or proxy’s date of birth and signature are
25
to be verified in accordance with the relevant regulations, the
counting officer verifies the date of birth and signature of the elector
or proxy (as the case may be).

In paragraph (a) “the appropriate area” means the voting area containing the
address in respect of which the elector is registered.
30
      (4)
In Northern Ireland 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 counting
officer before the close of the poll and is accompanied by the
declaration of identity duly signed and authenticated, and
35
(b)
in the case of an elector, the declaration of identity states the elector’s
date of birth and the counting 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.
40
      (5)
In the case of an elector in Northern Ireland, unless section 10(4B), 10A(1B)
or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in
paragraph (4) is not to be taken to be duly signed unless the counting officer
is satisfied that the signature on the declaration corresponds with the
signature supplied as the elector’s signature in pursuance of section
45
10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that Act.
      (6)
The counting officer must not count any tendered ballot papers.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
49

      (7)
The counting officer, while counting and recording the number of ballot
papers and counting the votes, must—
(a)
keep the ballot papers with their faces upwards, and
(b)
take all proper precautions for preventing anyone from seeing the
numbers or other unique identifying marks printed on the back of
5
the papers.
      (8)
The counting officer must—
(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
10
(opening and resealing the packets containing the unused and spoilt
ballot papers and the tendered votes list);
(b)
draw up a statement as to the result of the verification.
      (9)
Any counting agent present at the verification may copy the statement
drawn up under paragraph (8)(b).
15
     (10)
Once the statement is drawn up the counting officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
Officer is appointed, inform the Regional Counting Officer of the
contents of the statement;
(b)
in the case of any other voting area, inform the Chief Counting
20
Officer of the contents of the statement.
     (11)
The counting officer must so far as practicable proceed continuously with
the counting of votes, allowing only time for refreshment, except that—
(a)
the officer may, with the agreement of the counting agents, exclude
the whole or any part of the period between 7 pm and 9 am on the
25
next day;
(b)
the officer may exclude a day mentioned in rule 2(1).
     (12)
During the time so excluded the counting officer must—
(a)
place the ballot papers and other documents relating to the
referendum under the officer’s own seal and the seals of any of the
30
counting agents who want to affix their seals, and
(b)
otherwise take proper precautions for the security of the papers and
documents.
     (13)
For the purposes of paragraph (11)(a) the agreement of a referendum agent
is effective as the agreement of his or her counting agents.
35
Re-count
41    (1)
A person within paragraph (2) who is present at the completion of the
counting (or any re-count) of the votes in a voting area may require the
counting officer to have the votes for that area re-counted (or again re-
counted), but the counting officer may refuse to do so if in the officer’s
40
opinion the requirement is unreasonable.
      (2)
The persons within this paragraph are—
(a)
referendum agents;
(b)
counting agents who, in relation to the count (or re-count), are
designated under rule 18(2).
45

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
50

      (3)
No step is to be taken on the completion of the counting (or any re-count) of
the votes until the persons within paragraph (2) present at its completion
have been given a reasonable opportunity to exercise the right conferred by
this rule.
      (4)
A counting officer may not conduct a re-count once a direction has been
5
given under rule 43(3)(b).
Rejected ballot papers
42    (1)
Any ballot paper—
(a)
that does not bear the official mark, or
(b)
on which a vote is given for both answers to the referendum
10
question, or
(c)
on which anything is written or marked by which the voter can be
identified (except the printed number and other unique identifying
mark on the back), or
(d)
which is unmarked or does not indicate the voter’s intention with
15
certainty,

is void and not to be counted.
      (2)
But a ballot paper on which the vote is marked—
(a)
elsewhere than in the proper place, or
(b)
otherwise than by means of a cross, or
20
(c)
by more than one mark,

is not to be treated as void for that reason if the voter’s intended answer to
the referendum question is apparent, and the way the paper is marked does
not itself identify the voter and it is not shown that the voter can be identified
by it.
25
      (3)
The counting officer must endorse the word “rejected” on any ballot paper
which under this rule is not to be counted, and must add to the endorsement
the words “rejection objected to” if an objection is made by a counting agent
to the officer’s decision.
      (4)
The counting officer must draw up a statement showing the number of
30
ballot papers rejected under each of the following heads—
(a)
no official mark;
(b)
both answers voted for;
(c)
writing or mark by which voter could be identified;
(d)
unmarked or void for uncertainty.
35
      (5)
Once the statement is drawn up the counting officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
Officer is appointed, inform the Regional Counting Officer of the
contents of the statement;
(b)
in the case of any other voting area, inform the Chief Counting
40
Officer of the contents of the statement.
      (6)
Where two or more forms of ballot paper are used in the referendum, the
counting officer must prepare a separate statement under paragraph (4) in
relation to each form of ballot paper used.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
51

Direction to conduct re-count
43    (1)
On the completion of the counting of the votes (including any re-count
under rule 41), and on the completion of any re-count under this rule, the
counting officer must draw up a statement showing—
(a)
the total number of ballot papers counted, and
5
(b)
the number of votes cast in favour of each answer to the question
asked in the referendum.
      (2)
Once the statement is drawn up the counting officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
Officer is appointed, inform the Regional Counting Officer of the
10
contents of the statement;
(b)
in the case of any other voting area, inform the Chief Counting
Officer of the contents of the statement.
      (3)
The Regional Counting Officer or Chief Counting Officer must then either—
(a)
direct the counting officer to have the votes re-counted, or
15
(b)
direct the counting officer to make the certification under section
128(5) of the 2000 Act.
      (4)
The Regional Counting Officer or Chief Counting Officer may give a
direction under paragraph (3)(a) only if the officer thinks that there is reason
to doubt the accuracy of the counting of the votes in the counting officer’s
20
voting area.
      (5)
A counting officer who is given a direction under paragraph (3)(a) must—
(a)
begin the re-count as soon as practicable, and
(b)
if the officer does not begin the re-count immediately, notify the
counting agents of the time and place at which it will take place.
25
      (6)
A counting officer may not make the certification under section 128(5) of the
2000 Act until directed to do so under paragraph (3)(b).
Decisions on ballot papers
44
The decision of the counting officer on any question arising in respect of a
ballot paper is final (subject to review in accordance with paragraph 23 of
30
Schedule 1).
Final proceedings
Declaration by counting officers
45    (1)
This rule applies to the counting officer for a voting area in a region for
which a Regional Counting Officer is appointed.
35
      (2)
After making the certification under section 128(5) of the 2000 Act, the
counting officer must—
(a)
immediately give to the Regional Counting Officer notice of the
matters certified;
(b)
as soon as practicable give to the Regional Counting Officer notice of
40
the number of rejected ballot papers under each head shown in the
statement of rejected ballot papers.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
52

      (3)
When authorised to do so by the Regional Counting Officer, the counting
officer must—
(a)
make a declaration of the matters certified under section 128(5) of the
2000 Act;
(b)
give public notice of the matters certified together with the number
5
of rejected ballot papers under each head shown in the statement of
rejected ballot papers.
46    (1)
This rule applies to—
(a)
the counting officer for Northern Ireland;
(b)
the counting officer for a voting area in a region for which no
10
Regional Counting Officer is appointed.
      (2)
After making the certification under section 128(5) of the 2000 Act, the
counting officer must—
(a)
immediately give to the Chief Counting Officer notice of the matters
certified;
15
(b)
as soon as practicable give to the Chief Counting Officer notice of the
number of rejected ballot papers under each head shown in the
statement of rejected ballot papers.
      (3)
When authorised to do so by the Chief Counting Officer, the counting officer
must—
20
(a)
make a declaration of the matters certified under section 128(5) of the
2000 Act;
(b)
give public notice of the matters certified together with the number
of rejected ballot papers under each head shown in the statement of
rejected ballot papers.
25
Declaration by Regional Counting Officers
47    (1)
After making the certification under paragraph 5(4) of Schedule 1, a
Regional Counting Officer must—
(a)
immediately give to the Chief Counting Officer notice of the matters
certified;
30
(b)
as soon as practicable give to the Chief Counting Officer notice of the
number of rejected ballot papers for the region under each head
shown in the statements of rejected ballot papers.
      (2)
When authorised to do so by the Chief Counting Officer, a Regional
Counting Officer must—
35
(a)
make a declaration of the matters certified under paragraph 5(4) of
Schedule 1;
(b)
give public notice of the matters certified together with the number
of rejected ballot papers for the region under each head shown in the
statements of rejected ballot papers.
40
Declaration of referendum result by Chief Counting Officer
48
After making the certification under section 128(6) of the 2000 Act, the Chief
Counting Officer must—
(a)
immediately make a declaration of the matters certified under that
provision;
45

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
53

(b)
as soon as practicable give public notice of the matters certified
together with the number of rejected ballot papers under each head
shown in the statement of rejected ballot papers.
Disposal of documents
Sealing up of ballot papers
5
49    (1)
On the completion of the counting the counting officer must seal up in
separate packets—
(a)
the counted ballot papers, and
(b)
the rejected ballot papers.
      (2)
The counting officer may not open the sealed packets of—
10
(a)
tendered ballot papers,
(b)
the completed corresponding number lists,
(c)
certificates as to employment on duty on the day of the poll, or
(d)
marked copies of the registers of electors (including any marked
copy notices issued under section 13B(3B) or (3D) or 13BA(9) of the
15
1983 Act) and lists of proxies.
Delivery or retention of documents
50    (1)
The counting officer must endorse on each of the sealed packets a
description of its contents and the name of the voting area and must—
(a)
in the case of a counting officer for a voting area in England and
20
Wales, forward the documents specified in paragraph (2) to the
relevant registration officer;
(b)
in the case of a counting officer for a voting area in Scotland or the
counting officer for Northern Ireland, retain the documents.
      (2)
The documents referred to above are—
25
(a)
the packets of ballot papers;
(b)
the ballot paper accounts and the statements of—
(i)
rejected ballot papers, and
(ii)
the result of the verification of the ballot paper accounts;
(c)
the tendered votes lists, the lists of voters with disabilities assisted by
30
companions, the lists of votes marked by the presiding officer and
the related statements, the lists maintained under rule 36 and the
declarations made by the companions of voters with disabilities;
(d)
the packets of the completed corresponding number lists;
(e)
the packets of certificates as to employment on duty on the day of the
35
poll;
(f)
the packets containing marked copies of the registers (including any
marked copy notices issued under section 13B(3B) or (3D) or 13BA(9)
of the 1983 Act) and marked copies of the postal voters list, of lists of
proxies and of the proxy postal voters list;
40
(g)
any other documents prescribed for the purposes of this sub-
paragraph by the relevant regulations.
      (3)
For the purposes of paragraph (1) the relevant registration officer is—
(a)
the registration officer of the local authority in whose area the
counting officer’s voting area is situated, or
45

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
54

(b)
if the voting area comprises any part of the area of more than one
local authority, the registration officer of the local authority in whose
area the greater or greatest (as the case may be) number of electors is
registered.

In this paragraph “local authority” has the same meaning as in paragraph 4
5
of Schedule 1.
Orders for production of documents
51    (1)
The High Court or a county court or, in the case of a voting area in Scotland,
the Court of Session or the sheriff, may make an order—
(a)
for the inspection or production of any rejected ballot papers in the
10
custody of a registration officer or (as the case may be) a counting
officer,
(b)
for the opening of a sealed packet of the completed corresponding
number lists or of certificates as to employment on duty on the day
of the poll, or
15
(c)
for the inspection of any counted ballot papers in the officer’s
custody,

if satisfied by evidence on oath that the order is required for the purpose of
instituting or maintaining a prosecution for an offence in relation to ballot
papers or for the purpose of proceedings brought as mentioned in
20
paragraph 23 of Schedule 1.
      (2)
An order under this rule may be made subject to whatever conditions the
court or sheriff thinks expedient as to—
(a)
persons,
(b)
time,
25
(c)
place and mode of inspection, or
(d)
production or opening.
      (3)
In making and carrying into effect an order for the opening of a packet of the
completed corresponding number lists or of certificates or for the inspection
of counted ballot papers, care must be taken to avoid disclosing the way in
30
which the vote of any particular voter has been given until it has been
proved—
(a)
that the vote was given, and
(b)
that the vote has been declared by a competent court to be invalid.
      (4)
An appeal lies to the High Court from any order of a county court under this
35
rule, and to the Court of Session from any order of the sheriff under this rule.
      (5)
A power given under this rule to a court (other than a county court in
Northern Ireland) or the sheriff may be exercised by any judge of the court,
or by the sheriff, otherwise than in open court.
      (6)
A power given under this rule to a county court in Northern Ireland may be
40
exercised in whatever manner rules of court provide.
      (7)
Where an order is made for the production by a registration officer or a
counting officer of a document in the officer’s possession relating to the
referendum—
(a)
the production by the officer or the officer’s agent of the document
45
ordered in the manner directed by the order is conclusive evidence
that the document relates to the referendum;