House of Commons Public Bill Committee Proceedings

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 2 November 2010
280

Parliamentary Voting System and Constituencies Bill, continued

      (2)
If the Chief Electoral Officer thinks fit, he or she may require the relevant

registration officer to produce—

(a)
a combined postal voters list, consisting of the things that would

otherwise be included in—

(i)
the postal voters list for the referendum;

(ii)
the list under paragraph 2(4)(a) of Part 1 of Schedule 2 to the

Local Elections Order;

(iii)
the list under section 7(4)(a) of the Representation of the

People Act 1985 as applied for the purposes of Assembly

elections by Article 3(1) of, and Schedule 1 to, the Northern

Ireland Assembly (Elections) Order 2001;

(b)
a combined proxy postal voters list, consisting of the things that would

otherwise be included in—

(i)
the proxy postal voters list for the referendum;

(ii)
the list under paragraph 4(8) of Part 1 of Schedule 2 to the

Local Elections Order;

(iii)
the list under section 9(9) of the Representation of the People

Act 1985 as applied for the purposes of Assembly elections by

Article 3(1) of, and Schedule 1 to, the Northern Ireland

Assembly (Elections) Order 2001.’.

The Deputy Prime Minister

Agreed to  173

Page  265,  line  41  [Schedule  8],  at end insert—

    ‘( )
Where lists are prepared as mentioned in paragraph 7(2), 8(2) or 16(1)—

(a)
rules 49(1)(b) and 51 of the referendum rules apply to the packets of

those lists;

(b)
rule 58(1) of the Local Elections Rules applies as if sub-paragraph

(da), so far is it relates to those lists, were omitted.’.

The Deputy Prime Minister

Agreed to  174

Page  266,  line  6  [Schedule  8],  after ‘rule’ insert ‘60 or’.

The Deputy Prime Minister

Agreed to  175

Page  266,  line  9  [Schedule  8],  after ‘61’ insert ‘or 63’.

The Deputy Prime Minister

Agreed to  176

Page  266,  line  42  [Schedule  8],  leave out ‘61(2)’ insert ‘64(1) to (6)’.

The Deputy Prime Minister

Agreed to on division  177

Page  266,  line  42  [Schedule  8],  at end insert—

Report Stage Proceedings: 2 November 2010
281

Parliamentary Voting System and Constituencies Bill, continued

‘Part 1A

Postal voting

Interpretation

39
In this Part—

“the 2008 Regulations” means—

(a)
the Representation of the People (Northern Ireland) Regulations

2008 (S.I. 2008/1741) as applied for purposes of the referendum

by Part 3 of Schedule 4, and

(b)
those regulations as applied for the purposes of Assembly

elections by Article 3(2) of, and Schedule 2 to, the Northern

Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);

“the Local Elections Order” means the Local Elections (Northern Ireland)

Order 1985 (S.I. 1985/454).

Attendance at proceedings on issue and receipt of postal ballot papers

40  (1)
This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

      (2)
The following provisions have effect as if the persons listed in them included

persons who would be entitled to be present at the proceedings on the issue or

receipt of postal ballot papers in respect of the referendum or a relevant

election if those proceedings were taken on their own.

      (3)
The provisions are—

(a)
regulation 72 of the 2008 Regulations;

(b)
paragraph 3(1) of Part 3 of Schedule 2 to the Local Elections Order.

Procedure on issue of postal ballot papers

41  (1)
This paragraph applies where—

(a)
the Chief Electoral Officer decides that the proceedings on the issue

and receipt of postal ballot papers in respect of the referendum and the

relevant elections are to be taken together, and

(b)
a combined postal voters list or proxy postal voters list is produced by

virtue of paragraph 22A.

      (2)
In a case where a postal ballot paper is issued at the same time in respect of the

referendum and the relevant elections, a single mark must be placed in the list

under the following provisions—

(a)
regulation 76(2) of the 2008 Regulations;

(b)
paragraph 6(1) of Part 3 of Schedule 2 to the Local Elections Order.

      (3)
In any other case, a mark must be placed in the list under those provisions

identifying the poll to which each postal ballot paper issued relates.

Provisions requiring declaration of identity to indicate colours of ballot papers

42  (1)
The provisions listed in sub-paragraph (3) do not apply where the Chief

Electoral Officer decides that the proceedings on the issue and receipt of postal

ballot papers in respect of the referendum and the relevant elections are to be

taken together.

      (2)
Otherwise, the provisions listed in sub-paragraph (3) have effect as if the

words before “the colour” were omitted.

Report Stage Proceedings: 2 November 2010
282

Parliamentary Voting System and Constituencies Bill, continued

      (3)
The provisions are—

(a)
regulation 76(4) of the 2008 Regulations;

(b)
paragraph 6(3) of Part 3 of Schedule 2 to the Local Elections Order.

Envelopes

43  (1)
This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

      (2)
The same covering envelope and ballot paper envelope must be issued to a

voter under the following provisions in respect of the referendum and the

relevant elections.

      (3)
The provisions are—

(a)
regulation 78 of the 2008 Regulations;

(b)
paragraph 8 of Part 3 of Schedule 2 to the Local Elections Order.

      (4)
The number of each of the postal ballot papers issued must be marked on the

ballot paper envelope unless the envelope has a window through which all of

the ballot paper numbers are displayed.

      (5)
The following provisions do not apply—

(a)
regulation 78(4) of the 2008 Regulations;

(b)
paragraph 8(2) of Part 3 of Schedule 2 to the Local Elections Order.

Spoilt postal ballot papers

44  (1)
This paragraph applies where—

(a)
the Chief Electoral Officer decides that the proceedings on the issue

and receipt of postal ballot papers in respect of the referendum and the

relevant elections are to be taken together,

(b)
a person returns a spoilt postal ballot paper under regulation 81(1) of

the 2008 Regulations or paragraph 12(1) of Part 3 of Schedule 2 to the

Local Elections Order, and

(c)
a postal ballot paper has been issued to the person in respect of one or

more of the other polls.

      (2)
The spoilt postal ballot paper may not be replaced unless all the postal ballot

papers issued to the person are returned.

      (3)
Where an unspoilt postal ballot paper is returned as mentioned in sub-

paragraph (2), the 2008 Regulations or Local Elections Order apply to it as if

it were a spoilt ballot paper.

Opening of postal voters’ ballot box

45
The following provisions have effect as if for the words after “opened” there

were substituted “at the counting of the ballot papers”—

(a)
regulation 85(3) of the 2008 Regulations;

(b)
paragraph 16(3) of Part 3 of Schedule 2 to the Local Elections Order.

Opening of ballot paper envelopes

46  (1)
This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

      (2)
The following provisions have effect as if after “number” there were inserted

“(or one of the numbers)”—

Report Stage Proceedings: 2 November 2010
283

Parliamentary Voting System and Constituencies Bill, continued

(a)
regulation 88(2)(a) of the 2008 Regulations;

(b)
paragraph 17B(2)(a) of Part 3 of Schedule 2 to the Local Elections

Order.

      (3)
The following provisions have effect as if at the end there were inserted “or,

where more than one number appears on the ballot paper envelope, a sufficient

number of ballot papers (marking the envelope to indicate the missing ballot

paper)”—

(a)
regulation 88(2)(c) of the 2008 Regulations;

(b)
paragraph 17B(2)(c) of Part 3 of Schedule 2 to the Local Elections

Order.

Countermand or abandonment of poll for relevant election

47
The following provisions do not apply where the Chief Electoral Officer

decides that the proceedings on the issue and receipt of postal ballot papers in

respect of the referendum and the relevant elections are to be taken together—

(a)
regulation 90 of the 2008 Regulations;

(b)
paragraph 18 of Part 3 of Schedule 2 to the Local Elections Order.

Retention of documents

48  (1)
This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

      (2)
The Chief Electoral Officer must—

(a)
endorse on each of the specified packets a description of its contents,

the date of the poll and the name of the area to which the packet relates;

(b)
complete a statement as to postal ballot papers in relation to each poll;

(c)
retain the packets and statements.

      (3)
The specified packets—

(a)
in relation to the referendum and the Assembly election, are the

packets made up under regulations 79, 81(5) and 89 of the 2008

Regulations;

(b)
in relation to a local election, are the packets made up under

paragraphs 11 and 17C(b) of Part 3 of Schedule 2 to the Local

Elections Order.

      (4)
A statement as to postal ballot papers—

(a)
in the case of the referendum and the Assembly election, must be in

the form set out in Form N in Schedule 3 to the 2008 Regulations;

(b)
in the case of a local election, must be in the form set out in Form 2 in

Part 3 of Schedule 2 to the Local Elections Order.

      (5)
Where—

(a)
any covering envelopes are received by the Chief Electoral Officer

after the close of the poll,

(b)
any envelopes addressed to postal voters are returned as undelivered

too late, or

(c)
any spoilt postal ballot papers for the referendum or Assembly

election are returned too late to enable other postal ballot papers to be

issued,


the Chief Electoral Officer must seal those envelopes or postal ballot papers up

in a separate packet, endorse the packet as mentioned in sub-paragraph (2)(a)

and retain the packet.

Report Stage Proceedings: 2 November 2010
284

Parliamentary Voting System and Constituencies Bill, continued

      (6)
A copy of the completed statements as to postal ballot papers for the

referendum and for the Assembly election must be provided to the Electoral

Commission.

      (7)
The following rules apply to any packet or document retained under this

paragraph—

(a)
rules 51 and 52 of the referendum rules;

(b)
rule 56 of the Assembly Elections Rules;

(c)
rule 59 of the Local Elections Rules.

      (8)
In its application by virtue of sub-paragraph (7)(c), rule 59 of the Local

Elections Rules has effect as if references to the proper officer of the council

were to the Chief Electoral Officer.

      (9)
This paragraph applies instead of regulation 91 of the 2008 Regulations.

    (10)
Paragraph 19 of Part 3 of Schedule 2 to the Local Elections Order has effect as

if—

(a)
in sub-paragraph (1), the reference to paragraphs 11 and 17C(b) were

omitted;

(b)
in sub-paragraph (2), the references to envelopes were omitted.’.

The Deputy Prime Minister

Agreed to  178

Page  269,  line  29  [Schedule  8],  leave out ‘the spoilt ballot paper(s)’ and insert ‘all

the spoilt ballot papers’.

The Deputy Prime Minister

Agreed to  179

Page  270,  line  34  [Schedule  8],  at end insert—

‘Paragraph 11(4)

Form 3A - Form of declaration of identity (to be used for Northern Ireland

Assembly election where proceedings on issue and receipt of postal ballot papers

not combined)

Front of form

Declaration of identity

Election to the Northern Ireland Assembly

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

(insert colour)

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

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) .........................................................

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

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

Report Stage Proceedings: 2 November 2010
285

Parliamentary Voting System and Constituencies Bill, continued

Back of form

INSTRUCTIONS TO THE VOTER

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

You are required to do this even if you have already signed a similar declaration of

identity in respect of another poll to be held on the same day. 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.
Number the candidates in order of preference, putting “1” against the candidate of your

1st preference, “2” against your 2nd preference and so on. You should not put the same

preference against more than one candidate. You may show your preference for as many

or as few candidates as you wish. Put no other mark on the ballot paper, or your vote may

not be counted. Do this secretly. If you cannot vote without assistance, the person

assisting you must not disclose how you have voted.

3. Then proceed as follows—

(a) place each ballot paper in the correct smaller envelope and seal it;

(b)

covering envelope and seal it;

(c)

returning officer not later than the close of poll.

4. If you receive more than one ballot paper, remember that it is illegal to vote more than

once (otherwise than as proxy) at the same election. You are entitled to vote at different

elections which are held on the same day.

5.
At this election you cannot vote in person at a polling station, even if you receive an

official poll card.

6.
If by mistake you spoil your ballot paper, you can apply to the returning officer for

another one. With your application you must return, in your own envelope, the spoilt

ballot paper, the declaration of identity and the envelopes marked “A” and “B”.

Remember that there is little time available if a fresh postal ballot paper is to be issued

and counted.

Paragraph 11(6)

Form 3B - Form of declaration of identity (to be used for local election where

Report Stage Proceedings: 2 November 2010
286

Parliamentary Voting System and Constituencies Bill, continued

proceedings on issue and receipt of postal ballot papers not combined)

Front of form

Declaration of identity

Election of District Councillors

To be returned with the [insert colour of ballot paper] coloured ballot paper no.................

I hereby declare that I am the person to whom the [insert colour of ballot paper] coloured

ballot paper numbered as 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 .........................................

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) .........................................................

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

SEE INSTRUCTIONS ON THE BACK OF THIS FORM



© Parliamentary copyright 2010	Revised 3 November 2010