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Electoral Law Act (Northern Ireland) 1962

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Part VII N.I. Death of Candidate

Independent candidateN.I.

[F161(1)This rule applies if at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot paper as an independent candidate has died.

(2)Subject to this rule and rule 62, these rules apply to the election as if the candidate had not died.

(3)The following provisions of these rules do not apply in relation to the deceased candidate—

(a)rule 29(1)(c) and (d) (admission to polling station), and

(b)rule 44(1)(b) to (d) (attendance at counting of votes).

(4)If the number of persons standing nominated is equal to (or where more than one independent candidate has died, less than) the number of seats to be filled the returning officer must—

(a)if polling has not begun, countermand the poll;

(b)if polling has begun, direct that the poll is abandoned;

(c)subject to rule 64, treat the election as an uncontested election.

(5)For the purposes of this rule a person is named or to be named in the ballot papers as an independent candidate if the description (if any) on the candidate’s nomination paper is not authorised as mentioned in rule 5A(1) or (1B).]

Deceased independent candidate’s votes are equal to or exceed the quotaN.I.

[F262.(1)This rule applies if at an election mentioned in rule 61(1) the deceased candidate’s votes are equal to or exceed the quota (ascertained as mentioned in rule 48).

(2)Rule 56(1) (declaration of result) does not apply but the returning officer must—

(a)declare that the votes given to the deceased candidate are equal to or exceed the quota (as the case may be),

(b)declare that no candidate is elected, and

(c)give public notice of —

(i)the number of first preference votes given for each candidate,

(ii)any transfer of votes,

(iii)the total number of votes for each candidate at each stage of the count at which such transfer took place,

(iv)the order in which the successful candidates would have been elected if it were not for the provisions of this rule, and

(v)the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 46(3).

(3)The proceedings with respect to the election must be commenced afresh subject to the following provisions of this rule.

(4)The fresh proceedings must be conducted in accordance with the following timetable (and the timetables in rule 1 do not apply)—

Timetable
ProceedingsTime
Publication of notice of election.Within 21 days from the day of the election mentioned in rule 61.
Delivery of notices of withdrawal of candidature.Between the hours of 10 a.m. and 4 p.m. on any day after the publication of the notice of election but not later than 1 p.m. on the 7th day after the day of publication of the notice of election.
Publication of statement of persons nominated.After 1 p.m. but not later than 6 p.m. on the 7th day after the day of publication of the notice of election.
Polling.Between 7 a.m. and 10 p.m. on the day fixed by the returning officer which may not be earlier than the 18th nor later than the 21st day after the last day for delivery of notices of withdrawal of candidature.

(5)No fresh nomination is necessary in the case of a person who was shown in the statement of candidates nominated as standing nominated in respect of the election mentioned in rule 61 and no other nomination may be made.

(6)Rule 8 (delivery of nomination papers) does not apply but the returning officer must fix the place at which notices of withdrawal of candidature are to be delivered to him or her in accordance with rule 11.

(7)Rule 2 applies in computing any period of time for the purpose of the timetable set out in paragraph (4).

Party candidateN.I.

63.(1)This rule applies if—

(a)at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died, and

(b)that person is standing in the name of a registered political party or two or more registered political parties.

(2)The returning officer must—

(a)countermand notice of the poll, or

(b)if polling has begun, direct that the poll be abandoned.

(3)The proceedings with respect to the election must be commenced afresh subject to the following provisions of this rule.

(4)The fresh proceedings must be conducted in accordance with the following timetable (and the timetables in rule 1 do not apply)—

Timetable
ProceedingTime
Publication of notice of election.Within 21 days from the day on which the returning officer becomes satisfied of the candidate’s death.
Delivery of nomination papers (pursuant to paragraph (6)).Between the hours of 10 a.m. and 4 p.m. on any day after the day of publication of the notice of election but not later than 1 p.m. on the 7th day after the day of publication of the notice of election.
Delivery of notices of withdrawal of candidature.Within the time for delivery of nomination papers.
The making of objections to nomination papers (submitted pursuant to paragraph (6) only).During the hours allowed for delivery of nomination papers and on the 7th day after the day of publication of the notice of election during the hour following.
Publication of statement of persons nominated.
(a)

If no objections to nomination papers are made, 6 p.m. on the 7th day after the day of publication of the notice of election (or as soon as practicable thereafter).

(b)

If any such objections are made, not before they are disposed of but not later than 24 hours after the last time for delivery of nomination papers.

Polling.Between 7 a.m. and 10 p.m. on the day fixed by the returning officer which may not be earlier than the 18th nor later than the 21st day after the last day for delivery of notices of withdrawal of candidature.

(5)No fresh nomination is necessary in the case of a person who was shown in the statement of candidates nominated as standing nominated in respect of the election mentioned in paragraph (1).

(6)No other nomination may be made except for a person standing in the name of the same registered political party or parties in whose name or names the deceased candidate was standing.

(7)Rule 2 applies in computing any period of time for the purpose of the timetable set out in paragraph (4).

(8)For the purposes of this rule—

(a)a person (“P”) stands in the name of a registered political party if P’s nomination paper contains a description which is authorised as mentioned in rule 5A(1) or (1B), and

(b)a registered political party is a party which is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 in the Northern Ireland register (within the meaning of that Act).

Abandoned pollN.I.

64.(1)This rule applies to a poll which is abandoned in pursuance of rules 61(4)(b) or 63(2)(b).

(2)The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as the presiding officer is required to take on the close of the poll.

(3)It is not necessary for a ballot paper account to be prepared or verified.

(4)No step or further step is to be taken for the counting of the ballot papers or of the votes.

(5)The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(6)The returning officer must dispose of the ballot papers and other documents in the returning officer’s possession as the returning officer is required to do on the completion of the counting of the votes.

(7)The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).

(8)Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9)No order is to be made for—

(a)the production or inspection of any ballot papers, or

(b)the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll, unless the order is made by a court with reference to a prosecution.]

N.I.APPENDIX OF FORMS

1.  Form of nomination paper (rule 5)

N.I.ELECTION OF DISTRICT COUNCILLORS

District of ....................................................................................................

District Electoral Area ....................................................................................................

Day of election ....................................................................................................

We, the undersigned, being electors in the above-mentioned district electoral area do hereby nominate the under-mentioned person as candidate at this election.

[F3Candidate’s surnameOther names in fullCommonly used surname (if any)Commonly used forenames (if any)Description (if any)Home address in full]

F3Words in Sch. 5 Appendix of Forms substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 80 (with art. 1(3))

SignaturesElectoral Number (See Note 3)
Proposer ........................................................................................................................
Seconder ........................................................................................................................
We, the undersigned, being electors for the above-mentioned district electoral area do hereby assent to the foregoing nomination.
1 ............................................................................................................................................
2 ............................................................................................................................................
3 ............................................................................................................................................
4 ............................................................................................................................................
5 ............................................................................................................................................
6 ............................................................................................................................................
7 ............................................................................................................................................
8 ............................................................................................................................................

NOTES

1. The attention of candidates and electors is drawn to the rules for filling up nomination papers and other provisions relating to nomination contained in the local elections rules in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962, as substituted by Schedule 1 to the Local Elections (Northern Ireland) Order 1985 and, in particular, to the need for a candidate to consent to his nomination.

2. Where the candidate is commonly known by some title he may be described by his title as if it were his surname.

[F42A. Where a candidate commonly uses a name which is different from any other name he or she has, the commonly used name may also appear on the nomination paper, but if it does so, the commonly used name (instead of any other name) will appear on the ballot paper.

F4Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 81(a) (with art. 1(3))

2B. But the ballot paper will show the other name if the returning officer thinks—

(a)that the use of the commonly used name may be likely to mislead or confuse electors, or

(b)that the commonly used name is obscene or offensive.]

Note 3 rep. by SI 2001/417

4. An elector must not sign more nomination papers for the district electoral area than there are vacancies to be filled.

5. A person whose name is entered in the registerF5. . . may not subscribe a nomination paper if the entry gives as the date on which he will become of voting age a date later than the day fixed for the poll.

F5SI 2001/417

[F66. A person who is unable to sign this form because of blindness or other disability may contact the deputy returning officer for advice on how he or she may subscribe the form.]

F6Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 81(b) (with art. 1(3))

2. Candidate's consent to nomination(rule 7)

N.I.ELECTION OF DISTRICT COUNCILLORS

I ( name in full) ................................................................................

of ( home address in full ....................................................................................................

hereby consent to my nomination as a candidate for election as councillor for the........................................ district electoral area in the district of ........................................

I declare that I have attained the age of [F718] years and that I am a [F8qualifying] Commonwealth citizen or[F9, citizen of the Republic of Ireland or a citizen of another Member State of the European [F10Union]] and—

F7Word in Sch. 5 Appendix of Forms substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 82(2)(a) (with art. 1(3))

F9SI 1995/1948

F10Word in Sch. 5 Appendix of Forms substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 82(2)(c) (with art. 1(3))

*Delete whichever is inappropriate* (a) I am a local elector for the district of the council; or
* (b) during the whole of the period of twelve months preceding the day of the poll:—
....................* (i) I have occupied as owner or tenant land in that district, or
....................* (ii) resided in that district; or
* (c) my principal or only place of work during that twelve months has been in that district.

[F11My date of birth is [DD/MM/YEAR]]

F11Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 82(3) (with art. 1(3))

I further declare that to the best of my knowledge and belief I am not disqualified for being elected by reason of any disqualification contained in section 4 of the Local Government Act (Northern Ireland) 1972, a copy of which is printed overleaf.

[F12I declare that I am not a candidate at an election in the same local government electoral area the poll for which is to be held on the same day as the election to which this consent relates.]

F12Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 82(4) (with art. 1(3))

[F13I declare that, if elected, I will not by word or deed express support for or approval of—

(a)any organisation that is for the time being a proscribed organisation specified in Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1978; or

(b)acts of terrorism (that is to say, violence for political ends) connected with the affairs of Northern Ireland.]

 Signed ........................................

 Date ........................................

Signed in my presence

Signature of witness ................................................................................

Name and address................................................................................

of witness (in................................................................................

CAPITAL LETTERS)................................................................................

N.I.

3.  F14Ballot paper (rule 16)

F14Sch. 5 Appendix of Forms: words in the Form of Front of Ballot Paper repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 74(2), 77(2), Sch. 1 para. 61(2), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(f)(iii)(g)(i)

Form of back of ballot paper

No.
Election for the............................................................district electoral area.

4.  Directions as to printing the ballot paper (rule 16)

1. Nothing is to be printed on the ballot paper except in accordance with these directions.

2. The following arrangements shall be observed in the printing of the front of the ballot paper—

(a) apart from the instructions Mark order of preference in space below in the top left-hand corner no other word or words shall be printed on the ballot paper except the particulars of the candidates[F15 and words forming part of emblems];

F15SI 2001/417

(b) no rule shall be printed on the face except the horizontal rules separating the particulars of the candidate from one another and the vertical rule separating those particulars[F15 and emblems] from the spaces on the left side of the paper where the order of preferences is to be marked [F16(except where paragraph 3(d) applies in which case each column must be separated by a double vertical rule)];

F16Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 83(a) (with art. 1(3))

(c) the whole space between the top and the bottom of the paper shall be equally divided between the candidates by the rules separating their particulars.

3.

(a) The front of the ballot paper shall contain the names, addressesF17... and descriptions, if any, of the candidates standing nominated. The names shall be arranged alphabetically in the order of surnames, or if there are two or more candidates having the same surname, in alphabetical order of their other names, or if their other names are the same, in the alphabetical order of their home addresses or descriptions;

[F18(b) the surname of each candidate must be printed by itself in large capitals, and the candidate’s full name, address and description (as given on the statement of persons nominated) must be printed underneath (subject to sub-paragraph (c)), in ordinary type;]

F18Words in Sch. 5 Appendix of Forms substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 83(c) (with art. 1(3))

(c)  where the surnames of two or more candidates are the same there shall also be printed in large capitals the other names of such candidates and if those are the same so much of the descriptions or home addresses of such candidates as will enable the electors to distinguish between them;

(d) the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting;

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19Sch. 5 Appendix of Forms: para. 3(e) in the Directions as to printing the ballot paper repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 74(2), 77(2), Sch. 1 para. 61(3), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(f)(iii)(g)(i)

[F153A.Where an emblem is to be printed against a candidate's particulars—

(a)it shall be printed between the candidate's particulars and the vertical rule separating the candidates' particulars from the spaces where the vote is to be marked, and

(b)its size as printed shall not exceed two centimetres square.]

[F203B. The number and other unique identifying mark may be printed close to each other on the back of the ballot paper.]

F20Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 83(d) (with art. 1(3))

4. Any reference in these directions to the particulars of a candidate are a reference to those particulars as given in the statement of persons nominated.

5. Declaration of identity(rule 21)

N.I.Front of form

N.I.ELECTION OF DISTRICT COUNCILLORS

N.I.DECLARATION BY VOTER

F22. . .

F22Sch. 5 Appendix of Forms: words in the Declaration of identity Front of form repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 74(2), 77(2), Sch. 1 para. 61(4), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(f)(iii)(g)(i)

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

[F23Except where the voter is a proxy:

F23SI 2002/2835

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

F23SI 2002/2835

Voter's signature ................................................................................]

[F23Voter's signature ................................................................................]

N.I.CERTIFICATION BY WITNESS

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

Witness's signature............................................................Date........................................

Name of Witness ................................................................................

[F24(WRITE CLEARLY)

F24SI 1990/595

Address ................................................................................

(WRITE CLEARLY)]

F24SI 1990/595

N.I.SEE INSTRUCTIONS ON THE BACK OF THIS FORM

N.I.Back of form

N.I.INSTRUCTIONS TO THE VOTER

F25Words in Sch. 5 Appendix of Forms, Form 5 substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 85 (with art. 1(3))

[F265A. Declaration of identity (combined polls) (rule 21) ( for use when a parliamentary poll is combined with a local poll)]

N.I.Front of form

N.I.ELECTION OF DISTRICT COUNCILLORS

N.I.DECLARATION OF IDENTITY

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.

[F27Except where the voter is a proxy: My date of birth is [DD/MM/YEAR].]

F27Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 86 (with art. 1(3))

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

N.I.Back of form

N.I.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 election 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. You should place the figure 1 opposite the name of the candidate for whom you wish to vote and in addition you may, if you wish, place the figure 2 opposite the name of the candidate of your second choice, the figure 3 opposite the name of the candidate of your third choice and so on in the order of your preference. You may indicate by figures as many or as few preferences as you wish.

3. The figure or figures should be placed in the spaces provided at the left-hand side of the paper opposite the name of the candidate for whom you intend it. Do this secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

4. In no circumstances write anything else on the paper; if you do your vote may be invalid.

5. Different colours are used for the ballot papers for each election. Each ballot paper has its own ballot paper envelope (the smaller envelope marked A), declaration of identity and covering envelope (the larger envelope marked B). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows—

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

(b) put that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;

(c) return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of poll.

6 .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.

7. At this election you cannot vote in person at a polling station, even if you receive an official poll card.

8. If you inadvertently 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.

6. Elector's official poll card rule 25

N.I.Front of card

........................................ District CouncilOFFICIAL POLL CARD
........................................ District electoral areaName ............................................................
Polling day ........................................Number on register ............................................................
Polling hours 7 a.m. to 10 p.m.Address ................................................................................
................................................................................
................................................................................
Your polling station is at
............................................................
............................................................
F28. . .
IMPORTANT—PLEASE READ NOTES ON BACK OF THIS CARD

F28Words in Sch. 5 Appendix of Forms, Form 6, from “VOTING INSTRUCTIONS Mark” to “your preference omitted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 87(2) (with art. 1(3))

N.I.Back of card

F29Words in Sch. 5 Appendix of Forms, Form 6, substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 87(3) (with art. 1(3))

7. Proxy's official poll card (rule 25)

N.I.

8. Form of directions for the guidance of voters in voting (rule 26)

N.I.DIRECTIONS FOR THE GUIDANCE OF THE VOTER IN VOTING

F31. . .

F31Sch. 5 Appendix of Forms: para. 1 in the Directions for the guidance of voters in voting repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 74(2), 77(2), Sch. 1 para. 61(5)(a), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(f)(iii)(g)(i)

 2. Go into one of the voting compartments provided. Look at the ballot paper carefully and then record your vote by placing, in the spaces provided at the left-hand side of the paper, the figure 1 opposite the name of the candidate of your first choice and then proceed if you wish by placing the figure 2 opposite the name of the candidate of your second choice; and the figure 3 opposite the name of the candidate of your third choice and so on. You may indicate as many or as few preferences as you wish.

 3. In no circumstances write anything else on the ballot paper, if you do your vote may be invalid.

 4. To ensure that a ballot paper is a valid vote you must, at least, place the figure 1 opposite the name of the candidate of your first choice. If you fail to place the figure 1 on the ballot paper, or place the figure 1 and some other figure opposite the name of the same candidate, or place any mark or writing on the ballot paper by which you may be identified, your ballot paper will be invalid and your vote will not be counted.

 5. If by accident you damage or spoil your paper or if you mark it in such a way that it may be rejected as spoilt, or if you place a wrong mark on it or mark it inadvertently in a wrong place, then take the paper back to the presiding officer, tell him what has happened and ask him for a fresh ballot paper.

 6. When you have marked your ballot paper, fold it so that the front of it is hidden [F32, show the back of it to the presiding officer so as to disclose the number and other unique identifying mark] and, F33. . . , put it into the ballot box.

F32Words in Sch. 5 Appendix of Forms inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 89 (with art. 1(3))

F33Sch. 5 Appendix of Forms: words in para. 6 in the Directions for the guidance of voters in voting repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 74(2), 77(2), Sch. 1 para. 61(5)(b), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(f)(iii)(g)(i)

  

 7. You must neither take your ballot paper out of the polling station nor put any other paper into a ballot box. To do so is a serious offence.

 8. When you have voted leave the polling station at once.

9. Form of certificate of employment (rule 29(3))

Local government election

............................................................ district electoral area

I certify that [ name] ........................................

who is numbered ........................................ in the register of electors used at this district council election in the district electoral area named above is likely to be unable to go in person to the polling station allotted to him by reason of the particular circumstances of his employment on that date

*Delete whichever is inappropriate* (a) as a constable;
Para. (b) omitted by SI 1987/168
* (c) by me for a purpose connected with the election.
␣Signature ............................................................
␣*Police officer (F35... Inspector or above)
␣*Major or above
␣*Returning officer
>Date ........................................
Note.—The person named above is entitled to vote at any polling station in the above district electoral area on production and surrender of this certificate to the presiding officer.

F35Word in Sch. 5 Appendix of Forms omitted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 91 (with art. 1(3))

10. Form of declaration to be made by the companion of a [F36voter with disabilities] (rule 36(6))

F36SI 2001/417

I, A.B. of ........................................, having been requested to assist C.D. (in the case of a[F36 voter with disabilities] voting as proxy add voting as proxy for M.N.) whose number on the register is ␣␣, to record his vote at the election now being held in this district electoral area hereby declare that [I am entitled to vote as an elector at the said election] [I am the *␣␣ of the said voter and have attained the age of 18 years] and that I have not previously assisted any[F36 voter with disabilities] [except E.F. of ............................................................] to vote at the said election.

*state relationship of companion to voter.

(Signed) A.B.,

........................................day of........................................19........................................

I, the undersigned, being the presiding officer for the ............................................................ polling station for the ............................................................ district electoral area, hereby certify that the above declaration, having been first read to the above-named declarant, was signed by the declarant in my presence.

(Signed G.H.)

............................................................day of

........................................19........................................

minutes past....................o'clock [a.m.] [p.m.]

NOTE:

[F361.] If the person making the above declaration knowingly and wilfully makes therein a statement false in a material particular, he will be guilty of an offence.

[F36 2.] A voter with disabilities is a voter who has made a declaration under the elections rules that he is so incapacitated by his blindness or other [F37disability] , or by his inability to read, as to be unable to vote without assistance.

F37Sch. 5 Appendix of Forms: words in Note number 2 to the Form of declaration to be made by the companion of a voter with disabilities substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 68; S.I. 2008/1316, art. 2(3), 5(f)(iii)

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