Electoral Law Act (Northern Ireland) 1962

Part II—S.9 rep. by 1968 c.20 (NI); SI 1973/2163. S.10...

Part IIA (ss.10A‐10C) inserted by 1968 c.20 (NI) s.6(1), rep....

PART IIILOCAL AUTHORITIES

11Election and term of office of members of district councils.

11AProcedures for filling casual vacancies: interpretation

11BInitial response to vacancy

11CIndependent members: list of substitutes

11DIndependent members: filling casual vacancies

11EMembers for registered parties: filling casual vacancies

11FMembers for two or more registered parties: filling casual vacancies

11GParty or parties no longer registered

11HTransitional provision for previously co-opted members

11JTransitional provision for elected members

11KUnfilled vacancies in a local election year

Ss.12, 13 rep. by SLR 1980

PART IVOFFICERS

[14Appointment of Chief Electoral Officer.

[14AAppointment of persons to assist Chief Electoral Officer.

[14BTravelling and subsistence allowances.

15Duties of Chief Electoral Officer.

Ss.16—20 rep. by 1972 NI 13

21Expenses of registration.

22Remuneration and expenses of returning officer at parliamentary election.

23Remuneration and expenses of Chief Electoral Officer and other persons at local election.

24Claims against, and taxation of expenses of, returning officer.

25Remuneration retainable by officers.

S.26 rep. by 1972 NI 13

27Mutual assistance by officers, etc.

PART VREGISTRATION OF ELECTORS AND VOTING

28Preparation and publication of registers.

29Miscellaneous provisions as to registration and voting.

S. 30 rep. by 1969 c. 26 (NI)

Ss. 31, 32 rep. by 1989 c. 3

S. 33 rep. by 1968 c. 20 (NI)

PART VITHE ELECTION CAMPAIGN

34Appointment of election agent.

35Sub-agents at parliamentary elections.

36Offices of election agent and sub-agent.

37Default in appointing election agent.

37AControl of donations to candidates at local elections

38Making of contracts through election agent.

39Payment of expenses through an election agent

40Personal expenses of candidate and petty expenses at an election.

40AExpenses incurred at a local election otherwise than for election purposes

41Prohibition of unauthorised expenses.

42Limitation of election expenses

43Time for sending in and paying claims.

44Disputed claims.

45Claim by election agent at an election.

46return as to election expenses

47Declarations as to expenses at a parliamentary election.

48Penalty for sitting or voting after failure to transmit return and declarations.

49Authorised excuses for failures as respects return and declarations.

50Power of court to require information from election agent or sub-agent.

51Publication of summary of return as to election expenses at elections.

52Inspection of returns and declarations.

52AMeaning of “election expenses” at a local election

52BProperty, goods, services etc provided free of charge or at a discount

53Right to send election address post free.

54Rateability of premises unaffected by election meeting thereon.

55Duty on and licences for carriages, etc., used at elections.

56Rights of creditors.

PART VIICONDUCT OF ELECTIONS

57Rules for conduct of elections.

57AReturning officers: correction of procedural errors

58Saving as respects acts, etc., of officers.

59Returning officer not disqualified for voting.

60Candidates' deposits.

61Return or disposal of deposit.

62Plural candidatures prohibited.

63Offices of returning officers at parliamentary elections.

64Offices of returning officers at local elections.

65Polling station schemes.

66Voting by post.

67Voting by proxy.

S.68 rep. by 1969 c.26 (NI)

Part VIII (ss.69—71) rep. by 1968 c.20 (NI)

PART IXQUESTIONING OF ELECTIONS

72Election courts.

73Attendance of Director of Public Prosecutions at trial of election petition.

74Method of questioning parliamentary election.

75Presentation and service of parliamentary election petition.

76Time for presentation or amendment of parliamentary election petition.

77Conclusion of trial of parliamentary election petition.

78Method of questioning local election.

79Presentation and service of local election petition.

80Time for presentation or amendment of local election petition.

81Conclusion of trial of local election petition.

82Consequences of avoidance of local election.

83Special case for determination of Court of Appeal.

84Withdrawal of petition.

Ss. 85‐90 rep. by SI 2001/417

91Costs of petition.

92Further provision as to costs of petition.

93Jurisdiction.

94Report as to candidate guilty of a corrupt or illegal practice.

95Avoidance of election and incapacity of candidate reported guilty of a corrupt or illegal practice.

96Provisions applying to all persons reported personally guilty of a corrupt or illegal practice.

97Disciplinary action on report of corrupt practice.

98Avoidance of election for general corruption, etc.

99Avoidance of election for employing corrupt agent.

100Votes to be struck off for corrupt or illegal practices.

101Service of notices, etc.

102Rules of court.

PART XELECTORAL MISDEMEANOURS

103Electoral misdemeanours.

104Giving of leave of absence to employees to record their votes.

105Prosecution and trial of electoral misdemeanours.

106Prosecution of offences disclosed on election petition.

107Power to except innocent act from being illegal practice, payment, employment . . . .

108Penalties for corrupt practices.

109Penalty for illegal practices.

110Compensation where charge of personation is unjustly made or not prosecuted.

111Penalties for electoral offences by officers and other persons.

112Incapacities resulting from convictions for corrupt or illegal practices.

113Mitigation and remission of incapacities.

114Corrupt and illegal practices committed by agents.

115Prosecutions for offences committed outside Northern Ireland.

116Evidence by certificate of holding of elections.

S.117 rep. by 1968 c.10 (NI)

118Time limit for prosecutions.

119Offences by corporations.

120Provisions as to Director of Public Prosecutions.

PART XIMISCELLANEOUS AND GENERAL

S.121 rep. by 1989 c. 3

122Effect of incapacities with respect to the Parliament of the United Kingdom.

122ATranslations etc. of certain documents

123Publication of notices and documents.

124Misnomer, inaccurate description, etc.

125Use of mark in place of signature.

126Amendment of forms in Tenth Schedule.

S.126A rep. by 1969 c.26 (NI)

127Electoral regulations.

128Financial provisions.

129Without prejudice to sub-section (4) of section thirty-nine of the...

130Interpretation.

132Short title.

Schedule 1 rep. by 1989 c. 3

Schedule 2 rep. by 1968 c.20 (NI); SI 1973/2163

Schedule 3 rep. by 1989 c. 3

SCHEDULE 3ACONTROL OF DONATIONS TO CANDIDATES AT A LOCAL ELECTION

Part 1Introductory

1Operation and interpretation of Schedule

2Donations: general rules

4Payments etc not to be regarded as donations

5Value of donations

Part 2Controls on donations

6Prohibition on accepting donations from impermissible donors

7Acceptance or return of donations

8Transfer of donations received by candidate to election agent

9Evasion of restrictions on donations

Part 3Reporting of donations

10Statement of relevant donations

11Donations from permissible donors

12Donations from impermissible donors

SCHEDULE 3BLOCAL ELECTION: ELECTION EXPENSES

Part 1List of Matters

Advertising of any nature (whatever the medium used).

Expenses in respect of such advertising include agency fees, design...

Unsolicited material addressed to electors (whether addressed to them by...

Expenses in respect of such material include design costs and...

Transport (by any means) of persons to any place.

Expenses in respect of the transport of such persons include...

Public meetings (of any kind).

Expenses in respect of such meetings include costs incurred in...

The services of an election agent or any other person...

Accommodation and administrative costs.

Part 2General Exclusions

The publication of any matter, other than an advertisement, relating...

The provision of any facilities provided in pursuance of any...

The provision by an individual (“ A ”) of A's...

10 (1) Accommodation which is the candidate's sole or main...

11 (1) Transport by a means of transport which was...

12 (1) Computing or printing equipment which was acquired by...

Schedule 4 rep. by SLR 1980

SCHEDULE 5Local Elections Rules

Part IProvisions as to Time and Interpretation

2Computation of time

3Returning officer

Part IIStages Common to Contested and Uncontested Elections

4Notice of election

5Nomination of candidates

5ANomination papers: name of registered political party

6Subscription of nomination paper

7Consent to nomination

8Place for delivery of nomination papers

9Right to attend nomination

10Decisions as to validity of nomination papers

11Withdrawal of candidates

12Publication of nominations

12ACorrection of minor errors

13Adjournment of nomination proceedings in case of riot

14Method of election

Part IIIContested Elections

15Poll to be taken by ballot

16The ballot papers

16ACorresponding number list

17The official mark

18Prohibition of disclosure of vote

19Use of schools and public rooms

20Notice of poll

21Postal ballot papers

22Provision of polling stations

23Appointment of presiding officers and clerks

Rule 24 omitted by SI 1987/168

25Issue of official poll cards

26Equipment of polling stations

27Appointment of polling and counting agents

28Notification of requirement of secrecy

29Admission to polling station

30Keeping of order in station

31Sealing of ballot boxes

32Questions to be put to voters

33Challenge of voter

34Voting procedure

34ADisclosure of information regarding ballot papers

35Votes marked by presiding officer

36Voting by persons with disabilities

37Tendered ballot papers

38Refusal to deliver ballot paper

39Spoilt ballot papers

39ACorrection of errors on day of poll

40Adjournment of poll in case of riot

41Procedure on close of poll

Part IVCounting of Votes

42Interpretation

43Place and time for, and manner of, counting of votes

44Attendance at counting of votes

45Preliminary proceedings and conduct of the count

46Rejected ballot papers

49Transfer of votes

50Supplementary provisions on transfer

51Exclusion of candidates

52Filling of last vacancies

53ABallot papers in wrong box

54Order of election of candidates

55Decisions of returning officer

Part VFinal Proceedings in Contested and Uncontested Elections

56Declaration of result

Part VIDisposal of Documents

57Sealing up of ballot papers

58Forwarding of documents

59Orders for production of documents

60Retention . . . of documents

Part VIIDeath of Candidate

61Independent candidate

62Deceased independent candidate’s votes are equal to or exceed the quota

63Party candidate

64Abandoned poll

APPENDIX OF FORMS

ELECTION OF DISTRICT COUNCILLORS

ELECTION OF DISTRICT COUNCILLORS

aany organisation that is for the time being a proscribed...

bacts of terrorism (that is to say, violence for political...

3. Ballot paper (rule 16) Form of back of ballot...

3AWhere an emblem is to be printed against a candidate's...

ELECTION OF DISTRICT COUNCILLORS

DECLARATION BY VOTER

Except where the voter is a proxy:

My date of birth is................................................................................

CERTIFICATION BY WITNESS

(WRITE CLEARLY)

(WRITE CLEARLY)

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

INSTRUCTIONS TO THE VOTER

ELECTION OF DISTRICT COUNCILLORS

DECLARATION OF IDENTITY

INSTRUCTIONS TO THE VOTER

8. Form of directions for the guidance of voters in...

DIRECTIONS FOR THE GUIDANCE OF THE VOTER IN VOTING

Schedule 6 rep. by 1968 c. 20 (NI)

SEVENTH SCHEDULEPROXIES

PART I[Title rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I]

1Appointment of proxies. (1) A registered elector desiring to appoint...

2Record of proxies. (1) The electoral officer shall keep in...

3Voting by proxies. (1) A person shall not vote as...

Part II rep. by 1968 c.20 (NI)

EIGHTH SCHEDULEELECTION COURTS

Powers of election courts

1(1) A parliamentary election court shall, subject to the provisions...

2(1) The place of trial— (a) of a parliamentary election...

Reception of and attendance on election judges, etc.

3Sub-para.(1) rep. by 1978 c.23 (2) The travelling and other...

Local election courts

4(1) The clerk of the local authority for which the...

Shorthand writers

5(1) A shorthand writer shall attend the trial of an...

Expenses of local election courts

6(1) The remuneration and allowances to be paid to the...

Provisions as to security for costs

7(1) At the time of presenting an election petition or...

Petition at issue

8(1) The petition shall be at issue as from the...

Lists and trial of election petitions

9(1) The prescribed officer shall as soon as may be...

Preliminary and incidental applications

10Applications for leave to amend petitions and other applications relating...

Trial of petitions

11(1) An election petition shall be tried in open court,...

12(1) Witnesses shall be summoned and sworn in the same...

NINTH SCHEDULEELECTORAL MISDEMEANOURS

PART ICORRUPT PRACTICES

1Bribery (1) A person shall be guilty of bribery if...

2Treating (1) A person shall be guilty of treating if...

3Undue influence A person shall be guilty of undue influence—...

4Personation (1) A person shall be guilty of personation if...

4AOffences relating to applications for postal and proxy votes at a local election

5Misdemeanours as to proxy voting Except at a local election...

5AFalse statements in nomination papers, etc.

6Making a false declaration as to election expenses A candidate...

7Incurring unauthorised expenses A person shall be guilty of incurring...

8Attempting or conspiring to commit a corrupt practice A person...

9Aiding and abetting the commission of a corrupt practice A...

PART IIILLEGAL PRACTICES

10(1) Except at a local election A person shall be...

11A person shall be guilty of an illegal practice if—...

12(1) Except at a local election A person shall be...

12A(1) A person shall be guilty of an illegal practice...

13(1) A person who commits an offence under Article 7(2)...

14A candidate or an election agent who commits the offence...

15A candidate or an election agent who is personally guilty...

16If any person fails to send any statement, declaration or...

17A person who makes any payment (of whatever nature) in...

17AA person who provides any money or other property in...

18(1) No payment or contract for payment shall for the...

19Any person who, before or during an election, knowingly publishes...

20(1) Any person who, or any director of any body...

21(1) . . . . . . . . ....

22An election agent who pays a claim in contravention of...

23A person shall be guilty of an illegal practice if...

PART IIIELECTORAL OFFENCES

24AA person who makes a statement which he knows to...

25(1) If any person upon whom any functions are conferred...

26(1) A person shall be guilty of an electoral offence...

27(1) A person attending at or admitted to a polling...

27AProhibition on publication of exit polls

28Subject to paragraph 14, any person who—

29(1) Subject to paragraph 15, a person shall be guilty...

30Subject to paragraph 15, if a person is either before,...

Para. 31 rep. by SI 2001/417

32If any returning officer at any election, or any officer...

32A(1) A person to whom this paragraph applies shall be...

34Except at a local election A person shall be guilty...

35Any electoral misdemeanour which is not specifically designated in the...

TENTH SCHEDULEFORMS

Form 1 rep. by SLR 1980

Form of return of expenses required by section forty-one to be authorised by an election agent.

Form of declaration as to expenses required by section forty-one to be authorised by an election agent.

Form of declaration as to election expenses required by section forty-seven

Form 6 repealed by SLR 1980.

Form 7 repealed by SLR 1980.

Form 8 repealed by SLR 1980.

Form 9 repealed by SLR 1980.

Form 10 repealed by SLR 1980.

Form 11 repealed by SLR 1980.

Form 12 repealed by 1972 NI 13.

Form 14 repealed by 1972 NI 13.

Form 18 repealed by 1968 c.20 (NI)

Form 19 repealed by 1968 c.20 (NI

Form 20 repealed by 1968 c.20 (NI

Form 21 repealed by 1968 c.20 (NI

Eleventh Schedule repealed by SLR 1973

Royal arms

Electoral Law Act (Northern Ireland) 1962 F1

1962 CHAPTER 14

An Act to consolidate with amendments certain enactments relating to parliamentary and local government elections, corrupt and illegal practices and election petitions.

[29th March 1962]