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 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
55

(b)
any endorsement on any packet of ballot papers so produced is
prima facie evidence that the ballot papers are what they are stated
to be by the endorsement.
      (8)
The production from proper custody of—
(a)
a ballot paper purporting to have been used at the referendum, and
5
(b)
a completed corresponding number list with a number marked in
writing beside the number of the ballot paper,

is prima facie evidence that the elector whose vote was given by that ballot
paper was the person whose entry on the register of electors (or on a notice
issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act) at the time
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of the referendum contained the same number as the number written as
mentioned in sub-paragraph (b).
      (9)
Except as provided by this rule (or a court order) nobody may—
(a)
inspect any rejected or counted ballot papers in the possession of a
registration officer or counting officer, or
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(b)
open any sealed packets of the completed corresponding number
lists or of certificates.
Retention and public inspection of documents
52    (1)
A registration officer or (as the case may be) counting officer must retain for
a year all documents relating to the referendum and then, unless otherwise
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directed by an order of a competent court, must have them destroyed.
      (2)
For the purposes of paragraph (1) a competent court is—
(a)
in relation to a registration officer in England and Wales, the High
Court, the Crown Court or a magistrates’ court;
(b)
in relation to a counting officer in Scotland, the Court of Session;
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(c)
in relation to the counting officer for Northern Ireland, the High
Court.
      (3)
While documents are retained under paragraph (1) they must be open to
public inspection.

This does not apply to—
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(a)
ballot papers;
(b)
the completed corresponding number lists;
(c)
certificates as to employment on duty on the day of the poll.
      (4)
The registration officer or (as the case may be) counting officer must, on
request, supply to any person copies of or extracts from any description of
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the documents open to public inspection that is prescribed by the relevant
regulations.
      (5)
A right to inspect or be supplied with a document or part of a document
under this rule is subject to—
(a)
any conditions imposed by the relevant regulations, and
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(b)
the payment of any fee required by the relevant regulations.
Supplementary
Interpretation
53
In these rules—

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 2 — Forms referred to in referendum rules
56

“anonymous entry”, in relation to a register of electors, is to be read in
accordance with section 9B of the 1983 Act and “the record of
anonymous entries”, means the record prepared in pursuance of
regulations made by virtue of paragraph 8A of Schedule 2 to that
Act;
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“counting agent” is to be read in accordance with rule 18(10);
“elector” means a person who is entitled to vote on his or her own
behalf in the referendum;
“list of proxies”—
(a)
in relation to England and Wales and Scotland, means the list
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kept under paragraph 5(3) of Schedule 3;
(b)
in relation to Northern Ireland, means the list kept under
paragraph 16(3) of Schedule 3;
“polling agent” is to be read in accordance with rule 18(10);
“postal voters list”—
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(a)
in relation to England and Wales and Scotland, means the list
kept under paragraph 5(2) of Schedule 3;
(b)
in relation to Northern Ireland, means the list kept under
paragraph 16(2) of Schedule 3;
“presiding officer” is to be read in accordance with rule 14(1) and (2);
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“proxy postal voters list”—
(a)
in relation to England and Wales and Scotland, means the list
kept under paragraph 8(6) of Schedule 3;
(b)
in relation to Northern Ireland, means the list kept under
paragraph 19(6) of Schedule 3;
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“referendum agent” means a person appointed under paragraph 11 of
Schedule 1;
“registration officer” has the meaning given in section 8 of the 1983 Act;
“the relevant regulations”—
(a)
in relation to England and Wales, means the Representation
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of the People (England and Wales) Regulations 2001
(S.I. 2001/341) as applied by Schedule 4;
(b)
in relation to Scotland, means the Representation of the
People (Scotland) Regulations 2001 (S.I. 2001/497) as so
applied;
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(c)
in relation to Northern Ireland, means the Representation of
the People (Northern Ireland) Regulations 2008 (S.I. 2008/
1741) as so applied;
“voter” means a person voting in the referendum and includes a person
voting as proxy and “vote” (whether noun or verb) is be construed
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accordingly; and a reference to an elector voting or an elector’s vote
includes a reference to an elector voting by proxy or an elector’s vote
given by proxy.
Part 2
Forms referred to in referendum rules
45

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

require.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 2 — Forms referred to in referendum rules
57

Rule 5(1)
Form 1 - Form of ballot paper
Front of ballot paper

5

Referendum on the voting system

for United Kingdom parliamentary elections

At present, the UK uses the “first past the post”

10

system to elect MPs to the House of Commons.

Should the “alternative vote” system be used instead?

Vote (X) in one box only

YES

15

NO

Back of ballot paper

No.

20

Other Unique Identifying Mark

Referendum on the voting system for United Kingdom parliamentary

elections

[Insert name of voting area] [Insert date of poll]

Directions as to printing the ballot paper
25
1
Nothing is to be printed on the ballot paper except in accordance with these
directions.
2
So far as practicable, the instructions specified in paragraphs 4 to 10 must be
observed in printing the ballot paper.
3
The official mark may be printed on either the front or the back of the ballot
30
paper if it does not consist of or include any letters or numbers; if it does, it
must be printed on the back of the ballot paper.
4
No words must be printed on the front of the ballot paper except—
(a)
the heading “Referendum on the voting system for United Kingdom
parliamentary elections”;
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(b)
the direction “Vote (X) in one box only”;

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 2 — Forms referred to in referendum rules
58

(c)
those constituting the referendum question;
(d)
those indicating the alternative forms of answer to the question.
5
Nothing must be printed on the back of the ballot paper except—
(a)
the number and other unique identifying mark;
(b)
the name of the referendum: “Referendum on the voting system for
5
United Kingdom parliamentary elections”;
(c)
the name of the voting area;
(d)
the date of the poll; and
(e)
the official mark (if it is not printed on the front of the ballot paper).
6
Words printed on the ballot paper must be printed in a clear typeface and in
10
characters of such a size that they are easily legible.
7
The following words on the front of the ballot paper must be printed in large
characters—
(a)
Referendum on the voting system for United Kingdom
parliamentary elections;
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(b)
Vote (X) in one box only.
8
The words mentioned in paragraph (7)(a) must be printed in bold
characters.
9
The words on the front of the ballot paper indicating the alternative forms of
answer to the referendum question must be printed in bold capital letters.
20
10
In relation to the referendum question and answers—
(a)
a horizontal rule must separate each of the answers to the question
from one another and, in the case of the first answer, from the
direction “Vote (X) in one box only;
(b)
each of the answers must be separated by a vertical rule from a box
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providing a space in respect of each answer for marking a vote;
(c)
the portions containing each of the answers to the question must be
of equal size;
(d)
the spaces for marking a vote for each answer must be of equal size.
Rule 6(2)
30
Form 2 - Form of corresponding number list (to be used if referendum taken
alone)

Voting area: ........................................

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

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

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Ballot Paper Number
Unique Identifying Mark
Elector Number (to be

completed only in respect of

ballot papers issued to

postal voters)

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 2 — Forms referred to in referendum rules
59

5

10

Rule 12(1)(b)
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Form 3 - Form of postal voting statement

Postal Voting Statement

Referendum on the voting system

for United Kingdom parliamentary elections

20

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

*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

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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)

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 2 — Forms referred to in referendum rules
60

#Signature

(voter’s signature)

IMPORTANT - Keep

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.

5

PLEASE READ INSTRUCTIONS TO THE VOTER

Issued by the counting officer

INSTRUCTIONS TO THE VOTER

Complete the ballot paper yourself and in private. If you need help, contact

the counting officer’s staff as shown below.

10

[contact details for assistance; include address as appropriate]

1.
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.

2.
Vote in one box only. Do not mark the ballot paper in any other way or your

vote may not be counted.

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3.
Mark a cross (X) in the box on the right hand side of the ballot paper

opposite the answer you are voting for.

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

you voted.

5.
Put the ballot paper 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 this referendum.

9.
If you accidentally spoil your ballot paper, you can apply to the counting

officer for a replacement before 5 pm on [day/date of poll]. You must return

the spoilt ballot paper, 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 paper 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 vote to any polling station in your voting area on polling

day.

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Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 2 — Forms referred to in referendum rules
61

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

It is illegal to vote more than once (unless you are appointed as a proxy for

another person) in this referendum.

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

Rule 12(1)(c)
5
Form 4 - Declaration of identity (Northern Ireland)
Front of form

Declaration of identity

Referendum on the voting system for United Kingdom parliamentary

elections

10

Ballot Paper no.............................................

I am the person to whom the ballot paper numbered above was sent.

My date of birth is .............. (you are not required to give your date of birth if you

are to vote as a proxy for someone else).

Voter’s signature .........................................

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The voter, who is personally known to me, has signed this declaration in my

presence.

Witness’s signature ......................................................................................

Name of witness (WRITE CLEARLY) ............................................................

Address of witness (WRITE CLEARLY) .......................................................

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........................................................................................................................

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

Back of form

INSTRUCTIONS TO THE VOTER

1. You must sign this declaration of identity in the presence of a person known to

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you. That person should then sign this declaration as a witness, adding his or her

name and address. Without this the declaration will be invalid.

2. Vote in one box only. Put no other mark on the ballot paper or your vote may

not be counted.

3. Mark a cross (X) in the box on the right hand side of the ballot paper opposite

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the answer you are voting for. Do this secretly. If you cannot vote without

assistance, the person assisting you must not disclose how you have voted.