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 8 — Combination of polls: Northern Ireland
Part 2 — Postal voting
270

Spoilt postal ballot papers
45    (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,
5
(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.
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      (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.
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Opening of postal voters’ ballot box
46
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.
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Opening of ballot paper envelopes
47    (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
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“(or one of the numbers)”—
(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,
30
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
35
Order.
Countermand or abandonment of poll for relevant election
48
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
40
together—
(a)
regulation 90 of the 2008 Regulations;
(b)
paragraph 18 of Part 3 of Schedule 2 to the Local Elections Order.

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 2 — Postal voting
271

Retention of documents
49    (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—
5
(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;
10
(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;
15
(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
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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
25
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
30
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.
      (6)
A copy of the completed statements as to postal ballot papers for the
35
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;
40
(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.
45
      (9)
This paragraph applies instead of regulation 91 of the 2008 Regulations.

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1
272

     (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.
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Part 3
Forms referred to in Part 1

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

require.

Paragraphs 7(2) and 8(3)
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Form 1 - Form of corresponding number list (to be used for combined polls)

Voting area/constituency/district electoral area: ........................................

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

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

Ballot Paper Number
Unique Identifying Mark
Elector Number (to be

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(identify the number
(identify the mark for each
completed only in respect of

issued for the
ballot paper)
ballot papers issued to

referendum/election)

postal voters)

20

25

30

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1
273

Paragraph 10(2)
Form 2 - Form of declaration of identity (to be used where proceedings on
issue and receipt of postal ballot papers combined)
Front of form
5

Declaration of identity

Ballot Papers nos. ............................................

I am the person to whom the ballot papers numbered above were 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).

10

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

15

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

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

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

Back of form

INSTRUCTIONS TO THE VOTER

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

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 and your vote will

not be counted.

2. When you are voting in the referendum on the voting system for United

25

Kingdom parliamentary elections ([insert colour of ballot paper] ballot paper), mark

a cross (X) in the box on the right hand side of the ballot paper opposite 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. Vote once only.

Do not mark the ballot paper in any other way or your vote may not be counted.

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3. When you are voting in the election to the Northern Ireland Assembly or for

the election of district councillors, different colours are used for the ballot papers

for each election.

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1
274

4. When you are voting in the election to the Northern Ireland Assembly ([insert

colour of ballot paper] ballot paper), 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

5

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.

5. When you are voting in the election of district councillors ([insert colour of ballot

paper] ballot paper), number the candidates in order of preference, putting “1”

10

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

15

disclose how you have voted.

6. Put the ballot papers in the small envelope marked “A” and seal it. Then put

the envelope marked “A”, together with the declaration of identity, in the larger

envelope marked “B”. Return it without delay. The ballot papers must be

received by the counting officer not later than the close of the poll.

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7. 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 or to vote more

than once (otherwise than as proxy) in the referendum. You are entitled to vote at

different elections which are held on the same day.

8. In this referendum or in these elections you cannot vote in person at a polling

25

station.

9. If by mistake you spoil your ballot paper, you can apply to the counting officer

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

all the spoilt ballot papers, the declaration of identity and the envelopes marked

“A” and “B”. We can only issue replacement postal ballot papers before 5 p.m. on

30

[-1 day/date deadline].

Paragraph 11(2)
Form 3 - Form of declaration of identity (to be used for referendum where
proceedings on issue and receipt of postal ballot papers not combined)
35
Front of form

Declaration of identity

Referendum on the voting system for United Kingdom parliamentary

elections

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

40

(insert colour)

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

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1
275

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.

5

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

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

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

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

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

10

Back of form

INSTRUCTIONS TO THE VOTER

1. You must sign this declaration of identity, even if you have already signed a

declaration of identity in respect of an election to be held on the same day. You

must sign in the presence of a person known to you. That person should then

15

sign this declaration as a witness, adding his or her name and address. Without

this the declaration will be invalid and your vote will not be counted.

2. Vote once 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

20

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.

4. Put the ballot paper in the small envelope marked “A” and seal it. Then put the

envelope marked “A”, together with the declaration of identity, in the larger

envelope marked “B”. Return it without delay. The ballot paper must be received

25

by the counting officer not later than the close of the poll.

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

more than once (otherwise than as proxy) in this referendum.

6. In this referendum you cannot vote in person at a polling station.

7. If by mistake you spoil your ballot paper, you can apply to the counting officer

30

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”. We can only issue replacement postal ballot papers before 5 p.m. on [-1

day/date deadline].

35

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1
276

Paragraph 11(4)
Form 4 - 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
5

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.

10

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.

15

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

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

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

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

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

20
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

25

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

30

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—

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