Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
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Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
195

Provision
Modification

Paragraph 16 (notice of
In sub-paragraph (1)—

opening of postal ballot
(a)
for “constituency returning officer”

paper envelopes)
substitute “relevant returning or counting

officer”;

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(b)
for paragraphs (a) and (b) substitute “each

of the persons mentioned in sub-paragraph

(1A)”.

After sub-paragraph (1) insert—

“(1A)
The persons are—

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(a)
in relation to the constituency

election, the candidates;

(b)
in relation to the regional election,

the individual candidates and the

election agent for each registered

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party standing nominated;

(c)
in relation to the referendum, the

referendum agents.”

In sub-paragraph (2)(b), after “party” insert “or

referendum agent (as the case may be)”.

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Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
196

Provision
Modification

Return of postal ballot
After paragraph 16 insert—

papers etc
“16A
Return of postal ballot papers etc

(1)
A postal ballot paper shall not be taken to be

duly returned for the purposes of Part 1 of

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Schedule 6 to the Parliamentary Voting

System and Constituencies Act 2010

unless—

(a)
before the close of the poll—

(i)
it is returned by hand or post

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and reaches the relevant

returning or counting officer;

or

(ii)
it is returned by hand to a

polling station in the

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constituency or voting area

for which the officer acts;

(b)
the postal voting statement duly

signed is, before that time, also

returned either—

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(i)
by hand or post and reaches

the relevant returning or

counting officer; or

(ii)
by hand and reaches such a

polling station;

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(c)
the postal voting statement also

states the date of birth of the elector

or, as the case may be, proxy; and

(d)
in a case where the relevant

returning or counting officer takes

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steps to verify the date of birth and

signature of the elector or, as the case

may be, proxy in accordance with

paragraph 23 or, as the case may be,

paragraph 24, he so verifies the date

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of birth and signature of that elector

or, as the case may be, proxy.

(2)
The presiding officer of the polling station

shall deliver or cause to be delivered any

postal ballot paper or postal voting

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statement returned to that polling station to

the relevant returning or counting officer in

the same manner and at the same time as he

delivers, or causes to be delivered, the

packets referred to in rule 53 of Schedule 5 or

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rule 38 of the referendum rules.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
197

Provision
Modification

(3)
The relevant returning or counting officer

may collect, or cause to be collected, any

postal ballot paper or postal voting

statement which by virtue of sub-paragraph

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(2) the presiding officer of a polling station

would otherwise be required to deliver or

cause to be delivered to him.

(4)
Where the relevant returning or counting

officer collects, or causes to be collected, any

10

postal ballot paper or postal voting

statement in accordance with sub-paragraph

(3) the presiding officer shall first make it (or

them) up into a packet (or packets) sealed

with his own seal and the seals of such

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polling agents as are present and desire to

affix their seals.”

Paragraph 17 (postal ballot
For “constituency returning officer” (in each place)

boxes and receptacles)
substitute “relevant returning or counting officer”.

For sub-paragraph (2) substitute—

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“(2)
Each of those ballot boxes—

(a)
shall be marked “postal voter’s ballot

box” or “postal ballot box” as

appropriate;

(b)
shall be marked with the name of

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each constituency, electoral region or

voting area in relation to which it is

to be used.”

In sub-paragraph (4), after “shall then” insert “lock

the ballot box (if it has a lock) and”.

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Paragraph 18 (receipt of
In sub-paragraphs (1) and (2), for “constituency

covering envelope)
returning officer” substitute “relevant returning or

counting officer”.

Paragraph 19 (opening of
In sub-paragraphs (1) and (2), for “constituency

postal voters’ ballot box)
returning officer” substitute “relevant returning or

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counting officer”.

In sub-paragraph (3), for “votes under rule 55 of the

Schedule 5” substitute “ballot papers”.

Paragraph 20 (opening of
For “constituency returning officer” (in each place)

covering envelopes)
substitute “relevant returning or counting officer”.

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Paragraph 21 (confirming
For “constituency returning officer” (in each place)

receipt of postal voting
substitute “relevant returning or counting officer”.

statements)

In sub-paragraph (2)(a), for “returning officer”

substitute “relevant returning or counting officer”.

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Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
198

Provision
Modification

Paragraph 22 (procedure in
For “constituency returning officer” (in each place)

relation to postal voting
substitute “relevant returning or counting officer”.

statements)

After sub-paragraph (3) insert—

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“(3A)
Before placing the statement in the

receptacle for rejected votes, the relevant

returning or counting officer shall show it to

the agents and, if any of them object to his

decision, he shall add the words “rejection

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objected to”.”

Paragraph 23 (procedure in
For “constituency returning officer” (in each place)

relation to postal voting
substitute “relevant returning or counting officer”.

statements: personal

identifier verification)

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Paragraph 24 (postal voting
For “constituency returning officer” or “returning

statements: additional
officer” (in each place) substitute “relevant

personal identifier
returning or counting officer”.

verification)

In sub-paragraph (4), for “reseal the postal ballot

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box” substitute “lock the postal ballot box (if it has a

lock) and reseal it”.

Paragraph 25 (opening of
In sub-paragraph (1), for “constituency returning

ballot paper envelopes)
officer” substitute “relevant returning or counting

officer”.

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Paragraph 26 (retrieval of
In sub-paragraph (1), for “constituency returning

cancelled postal ballot
officer” substitute “relevant returning or counting

papers)
officer”.

In sub-paragraph (2)(f)—

(a)
for “votes under rule 55 of Schedule 5”

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substitute “ballot papers”;

(b)
for “reseal the postal ballot box” substitute

“lock the postal ballot box (if it has a lock)

and reseal it”.

Paragraph 27 (list of rejected
In sub-paragraph (1), for “, the constituency

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postal ballot papers)
returning officer” substitute “and in respect of the

referendum, the relevant returning or counting

officer”.

Paragraph 28 (checking of
For “constituency returning officer” (in each place)

lists of rejected postal ballot
substitute “the relevant returning or counting

40

papers)
officer”.

In sub-paragraph (3), at the end insert “or voting

area under rule 38 of the referendum rules”.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
199

Provision
Modification

Paragraph 29 (sealing of
In sub-paragraph (1), for “constituency returning

receptacles)
officer” substitute “the relevant returning or

counting officer”.

Paragraph 30 (abandoned
In sub-paragraph (2), for “election” substitute

5

poll)
“poll”.

*Paragraph 31 (forwarding
In sub-paragraph (1)—

or retention of documents)
(a)
for the words before sub-paragraph (a)

substitute “The relevant returning or

counting officer shall forward to the

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registration officer to whom he forwards the

documents mentioned in rule 67 of

Schedule 5 or rule 50 of the referendum

rules, at the same time as he forwards those

documents”;

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(b)
in paragraph (a), for the words from “the

election to which” to the end substitute

“each election or referendum and the area to

which the packet relates”;

(c)
in paragraph (b), at the end insert “in

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respect of each Assembly election, and a

completed statement in the form set out in

Form 10 in Part 3 of Schedule 6 to the

Parliamentary Voting System and

Constituencies Act 2010 in respect of the

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referendum”.

In sub-paragraph (2)—

(a)
for “constituency returning officer” (in both

places) substitute “relevant returning or

counting officer”;

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(b)
for “rule 55(7) of Schedule 5” substitute

“paragraph 16A(2)”.

In sub-paragraph (3), for “Rules 68 and 69 of

Schedule 5” substitute “The rules specified in

paragraph (3A)”.

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Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 3 — Forms referred to in Parts 1 and 2
200

Provision
Modification

After sub-paragraph (3) insert—

“(3A)
The rules are—

(a)
in a case where proceedings on the

issue and receipt of postal ballot

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papers are taken together by virtue

of paragraph 2—

(i)
rule 51 of the referendum

rules and rule 68 of Schedule

5, and

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(ii)
rule 52 of the referendum

rules;

(b)
in any other case—

(i)
rule 51 of the referendum

rules or (as the case may be)

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rule 68 of Schedule 5, and

(ii)
rule 52 of the referendum

rules or (as the case may be)

rule 69 of Schedule 5.”

In sub-paragraph (4), for “constituency returning

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officer” substitute “relevant returning or counting

officer”.

In Schedule 10, Form CD
In a case where proceedings on the issue and

receipt of postal ballot papers are taken together by

virtue of paragraph 2 of Schedule 3 to the Welsh

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Assembly Order, for “returning officer” in each

place substitute “counting officer”.

Part 3
Forms referred to in Parts 1 and 2

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

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require.

Paragraphs 7(3) and 8(4)
Form 1 - Form of corresponding number list (to be used for combined polls)

Voting area/constituency/electoral region: ........................................

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

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

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 3 — Forms referred to in Parts 1 and 2
201

Ballot Paper Number
Unique Identifying Mark
Elector Number (to be

(identify the number

completed only in respect of

issued for the

ballot papers issued to

referendum/election)

postal voters)

5

10

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Paragraph 10(3)
Form 2 - Form of postal voting statement (to be used where proceedings on
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issue and receipt of postal ballot papers combined)

Postal Voting Statement

*Voter’s name: .................................
Ballot paper nos. ............................

*Counting officer to insert name but omit where ballot papers sent to an anonymous elector

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[other identifying mark]

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.

I AM THE PERSON THE BALLOT PAPERS NUMBERED ABOVE WERE SENT

TO

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