Electoral Law Act (Northern Ireland) 1962

F1 SCHEDULE 5 N.I. Local Elections Rules

F1 SI 1985/454

Part I N.I. Provisions as to Time and Interpretation

Timetable N.I.

1 (1) The proceedings at an election shall be conducted in accordance with whichever of the timetables in paragraph (2) or (3) applies for that election.

(2) The proceedings at an election in a local election year (within the meaning of section 11(1), not being an election to fill a casual vacancy, shall be conducted in accordance with the following timetable—

TIMETABLE

Proceeding	Time
Publication of notice of election.	Not later than the 25th day before election day.
Delivery of nomination papers.	[F2 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 no later than 1 p.m. on the 16th day before election day.]
Delivery of notices of withdrawal of candidature.	Within the time for the delivery of nomination papers at the election.
The making of objections to nomination papers.	During the hours allowed for delivery of nomination papers and on the 16th day before election day during the hour following.
Publication of statement of persons nominated.	[F3 (a) If no objections to nomination papers are made, 6 p.m. on the 16th day before election day (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 the hours of 7 a.m. and 10 p.m. on election day.

(3) The proceedings at an election to fill a casual vacancy shall be conducted in accordance with the following timetable—

TIMETABLE

Proceeding	Time
Publication of notice of election.	Within 21 days from the date on which a casual vacancy is deemed to have occurred under section 11(5).
Delivery of nomination papers.	[F4 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 publication of the notice of election.]
Delivery of notices of withdrawal of candidature.	Within the time for the delivery of nomination papers at the election.
The making of objections to nomination papers.	[F5 During the hours allowed for delivery of nomination papers and on the last such day during the hour following.]
Publication of statement of persons nominated.	[F6 (a) If no objections to nomination papers are made, 6 p.m. on the 7th day after the day of the 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 the hours of 7 a.m. and 10 p.m. on the day fixed by the returning officer, which shall not be earlier than the 18th nor later than the 21st day after the last day for delivery of nomination papers.

F2 Words in Sch. 5 rule 1(2) timetable substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 45(a) (with art. 1(3))

F3 Words in Sch. 5 rule 1(2) timetable substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 45(b) (with art. 1(3))

F4 Words in Sch. 5 rule 1(3) timetable substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 46(a) (with art. 1(3))

F5 Words in Sch. 5 rule 1(3) timetable substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 46(b) (with art. 1(3))

F6 Words in Sch. 5 rule 1(3) timetable substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 46(c) (with art. 1(3))

Modifications etc. (not altering text)

C1 Sch. 5 rule 1 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 4

Computation of time N.I.

2 In computing any period of time for the purpose of the appropriate Timetable a Saturday, Sunday[F7 , Christmas Eve, F8 . . . ] or public holiday shall be disregarded and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

F7 SI 1987/168

F8 Words in Sch. 5 rule 2 repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 20, 74(2), 77(2), Sch. 1 para. 48, Sch. 2; S.I. 2008/1316, art. 2(3), 5(f)(ii)(g)(i)

Returning officer N.I.

3 In these rules returning officer means the Chief Electoral Officer provided that, in respect of any function which that Officer has delegated to a deputy returning officer (within the meaning of Article 9(2) of the Electoral Law (Northern Ireland) Order 1972), it means the deputy returning officer acting under the supervision of the Chief Electoral Officer.

Forms N.I.

[F9 3A Where these rules require the use of a form set out in the Appendix, any form that has substantially the same effect may be used instead.]

F9 Sch. 5 rule 3A inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 47 (with art. 1(3))

Part II N.I. Stages Common to Contested and Uncontested Elections

Notice of election N.I.

4 The returning officer shall publish notice of the election stating in addition to the notification referred to in section 24(2)—

(a) the place and times at which nomination papers are to be delivered;

(b) the number of members to be returned for each district electoral area in the local government district concerned;

(c) the last time by which applications to vote by post or proxy or by post as proxy must reach the Chief Electoral Officer in order to be effective for the election;

[F10 (ca) the address to which the applications mentioned in paragraph (c) must be sent;]

(d) the date and hours of the poll in the event of a contest;

and the notice shall state that forms of nomination paper may be obtained at the place referred to in paragraph (a).

F10 Sch. 5 rule 4(ca) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 48 (with art. 1(3))

Nomination of candidates N.I.

5 (1) Each candidate shall be nominated by a separate nomination paper, in the form in the Appendix, delivered—

(a) by the candidate himself, or

(b) by his proposer or seconder,

to the returning officer at the place fixed for the purpose, but the paper may be so delivered on the candidate's behalf by his election agent if the agent's name and address have been previously given to the returning officer as required by section 34 or are so given at the time the paper is delivered.

(2) The nomination paper shall state the candidate's—

(a) full names,

(b) home address in full, and

(c) if desired, description,

and the surname shall be placed first in the list of his names.

[F11 (2A) If a candidate commonly uses—

(a) a surname which is different from any other surname the candidate has, or

(b) a forename which is different from any other forename the candidate has,

the nomination paper may state the commonly used surname or forename in addition to the other name.]

[F12 (3) The description, if any, must consist of either—

(a) a description F13 . . . which is authorised as mentioned in rule 5A(1) [F14 or (1B)]; or

(b) the word Independent.]

F11 Sch. 5 rule 5(2A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 49 (with art. 1(3))

F12 SI 2001/417

F13 Words in Sch. 5 rule 5(3) omitted (1.4.2010) by virtue of Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(2)(a)

F14 Words in Sch. 5 rule 5(3) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(2)(b)

Nomination papers: name of registered political party N.I.

[F15 5A (1) A nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered political party unless the party is a qualifying party in relation to the district electoral area and the description is authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of the party, and

(b) received by the returning officer before the last time for the delivery of nomination papers.

[F16 (1A) The description that may be authorised may be—

(a) the name of the party registered in the Northern Ireland register under section 28 of the Political Parties, Elections and Referendums Act 2000, or

(b) a description of the party registered in the Northern Ireland register under section 28A of that Act.

(1B) A nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the district electoral area and the description is a registered description authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of each of the parties, and

(b) received by the returning officer before the last time for delivery of nomination papers.

(1C) For the purpose of paragraph (1B), a description is a registered description if it is a description registered in the Northern Ireland register for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.]

(2) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) [F17 or (1B)] on behalf of a registered political party's nominating officer.

(3) For the purposes of the application of this rule in relation to an election—

(a) registered political party means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of election is required to be published by virtue of rule 1 ( the relevant time);

(b) a registered party is a qualifying party in relation to a district electoral area if the party was at the relevant time registered in the Northern Ireland register maintained under that Part of that Act.

[F18 (c) a name or description is registered under section 28, 28A or 28B of that Act if it is registered under that section at the relevant time.]]

F15 SI 2001/417

F16 Sch. 5 rule 5A(1A)-(1C) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(3)(a)

F17 Words in Sch. 5 rule 5A(2) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(3)(b)

F18 Sch. 5 rule 5A(3)(c) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(3)(c)

Subscription of nomination paper N.I.

6 (1) The nomination paper shall be subscribed by two electors for the district electoral area as proposer and seconder, and by eight other electors for that area as assenting to the nomination.

(2) Where a nomination paper bears the signature of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category shall be taken into account to the exclusion of any others in that category.

(3) The nomination paper shall give the electoral number of each person subscribing it.

(4) The returning officer shall—

(a) supply any elector with a form of nomination paper at the place and during the time for delivery of nomination papers, and

(b) at any elector's request prepare a nomination paper for signature;

but it is not necessary for a nomination to be on a form supplied by the returning officer.

(5) A person shall not subscribe more nomination papers at the same election than there are vacancies to be filled in the district electoral area; but a person shall not be prevented from subscribing a nomination paper by reason only of his having subscribed that of a candidate who has died or withdrawn before delivery of the first-mentioned paper.

(6) If a person subscribes nomination papers in contravention of paragraph (5), his signature shall be inoperative on any paper other than those papers (up to the permitted number) which are delivered first.

[F19 (7) In this rule elector

(a) means a person who is registered in the register of local electors for the district electoral area in question on the last day for publication of notice of the election; and

(b) includes a person then shown in that register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.]

F19 SI 2001/417

Consent to nomination N.I.

7 A person shall not be validly nominated unless his consent to nomination is—

(a) given in writing in the form in the Appendix, on or within one month before the day fixed as the last day for the delivery of nomination papers,

(b) attested by one witness, and

(c) delivered at the place and within the time for the delivery of nomination papers.

Place for delivery of nomination papers N.I.

8 The returning officer shall fix the place at which nomination papers are to be delivered to him, and shall attend there during the time for their delivery and for the making of objections to them.

Right to attend nomination N.I.

9 (1) Except for the purpose of delivering a nomination paper or of assisting the returning officer [F20 , and subject to paragraph (5),] no person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless he is—

(a) a person standing nominated as a candidate, or

(b) the election agent, proposer or seconder of such a person, but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent.[F21 or

(c) a person who is entitled to attend by virtue of section 6A or 6B of the Political Parties, Elections and Referendums Act 2000,]

(2) Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—

(a) to such one of those papers as he may select, or

(b) in default of such a selection, to that one of those papers which is first delivered,

shall be entitled to attend as his proposer and seconder.

(3) The right to attend conferred by this rule includes the right—

(a) to inspect, and

(b) to object to the validity of,

any nomination paper.

[F22 (4) Paragraph (3) does not apply to a person mentioned in paragraph (1)(c).]

[F23 (5) One other person chosen by the candidate is entitled to be present at the delivery of the candidate's nomination, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in paragraph (1), but without any such right as is conferred by paragraph (3).]

F20 Words in Sch. 5 rule 9(1) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 50(2) (with art. 1(3))

F21 Sch. 5 rule 9(1)(c) and preceding word inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 56(a); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F22 Sch. 5 rule 9(4) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 56(b); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F23 Sch. 5 rule 9(5) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 50(3) (with art. 1(3))

Decisions as to validity of nomination papers N.I.

10 (1) Where a nomination paper and the candidate's consent to it are delivered in accordance with these rules, the candidate shall be deemed to stand nominated unless and until—

(a) the returning officer decides that the nomination paper is invalid; or

(b) proof is given to the returning officer's satisfaction of the candidate's death; or

(c) the candidate withdraws.

(2) The returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—

(a) that the particulars of the candidate or the person subscribing the paper are not as required by law;

(b) that the paper is not subscribed as so required.

[F24 (3) Subject to paragraph (3A), the returning officer must give the decision on any objection to a nomination paper—

(a) as soon as practicable after it is made; and

(b) in any event before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers as set out in whichever timetable in paragraph (2) or (3) of rule 1 applies to the election.

(3A) If in the returning officer's opinion a nomination paper breaks rule 5A(1) or (1B), the returning officer must give a decision to that effect—

(a) as soon as practicable after delivery of the nomination paper; and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers as set out in whichever timetable in paragraph (2) or (3) of rule 1 applies to the election.]

(4) [F25 Where the returning officer] decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

(5) The decision of the returning officer that a nomination paper is valid shall be final and shall not be questioned in any proceedings whatsoever.

(6) Subject to paragraph (5), nothing in this rule shall prevent the validity of a nomination being questioned on an election petition.

F24 Sch. 5 rule 10(3)(3A) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 51 (with art. 1(3))

F25 SI 2001/417

Withdrawal of candidates N.I.

11 (1) A candidate may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness, and

(b) delivered to the returning officer at the place for delivery of nomination papers.

(2) Where a candidate is out of Northern Ireland, a notice of withdrawal signed by his proposer and accompanied by a written declaration also so signed of the candidate's absence from Northern Ireland shall be of the same effect as a notice of withdrawal signed by the candidate, but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, but only if—

(a) it and the accompanying declaration are signed by all the proposers except any one who is, and is stated in that declaration to be, out of Northern Ireland; or

(b) it is accompanied, in addition to the declaration, by a written statement signed by the candidate that the proposer giving notice is authorised to do so on the candidate's behalf during his absence from Northern Ireland.

Publication of nominations N.I.

12 (1) The returning officer shall prepare and publish a statement showing the persons who have been and stand nominated in each district electoral area and any other persons who have been nominated, with the reason why they no longer stand nominated.

(2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their nomination papers, together with the names of the persons subscribing those papers.

[F26 (2A) If a person's nomination paper gives a commonly used surname or forename in addition to another name, the statement must show the person's commonly used surname or forename (as the case may be) instead of any other name.

(2B) Paragraph (2A) does not apply if the returning officer thinks—

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

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

(2C) If paragraph (2B) applies, the returning officer must give notice in writing to the candidate of the reason for refusing to allow the use of the commonly used name.]

(3) The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames, and, if there are two or more of them with the same surname, of their other names.

(4) In the case of a person nominated by more than one nomination paper, the returning officer shall take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

[F27 (5) After the close of the poll, the Chief Electoral Officer must retain the statement of persons nominated in respect of each district electoral area.

(6) The statements must be retained until at the next local general election the results are declared under rule 56.]

F26 Sch. 5 rule 12(2A)-(2C) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 52(2) (with art. 1(3))

F27 Sch. 5 rule 12(5)(6) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 52(3) (with art. 1(3))

Correction of minor errors N.I.

[F28 12A (1) The returning officer may, at any time before publication under rule 12 of the statement of persons nominated, correct minor errors in a nomination paper.

(2) Errors which may be corrected include—

(a) errors as to a person's electoral number;

(b) obvious errors of spelling in relation to the details of a candidate; or

(c) obvious errors of spelling in relation to the description of a registered political party (including a joint description) authorised as mentioned in rule 5A.

(3) Anything done by the returning officer in pursuance of this rule must not be questioned in any proceedings other than proceedings on an election petition.]

F28 Sch. 5 rule 12A inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 53 (with art. 1(3))

Adjournment of nomination proceedings in case of riot N.I.

13 (1) Where the proceedings for or in connection with nomination are on any day interrupted or obstructed by riot or open violence—

(a) the proceedings shall be abandoned for that day, and

(b) if that day is the last day for the delivery of nomination papers, the proceedings shall be continued on the next day as if that were the last day of such delivery;

and that day shall be treated for the purposes of these rules as being the last day for such delivery (subject to any further application of this rule in the event of interruption or obstruction on that day).

(2) Where proceedings are abandoned by virtue of this rule—

(a) nothing may be done after they are continued if the time for doing it had passed at the time of the abandonment; and

(b) anything done before the abandonment shall not be invalidated by reason of the abandonment.

Method of election N.I.

14 (1) If the number of persons standing nominated, as shown by the statement of persons nominated, exceeds the number of seats to be filled, a poll shall be taken in accordance with Part III of these rules.

(2) If the number of persons standing nominated, as so shown, is equal to or less than the number of seats to be filled, the persons standing nominated shall be declared to be elected in accordace with Part V of these rules.

Part III N.I. Contested Elections

Poll to be taken by ballot N.I.

15 The votes at the poll shall be given by ballot, the votes given to each candidate shall be counted and the result shall be determined in accordance with Part IV of these rules.

The ballot papers N.I.

16 (1) The ballot of every voter shall consist of a ballot paper, and the persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.

(2) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and—

(a) shall contain the names and other particulars of the candidates as shown in the statement of persons nominated;

(b) shall be capable of being folded up;

(c) shall have a number [F29 and other unique identifying mark] printed on the back;

F30 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31 (e) must be of a different colour from that of any ballot papers used at an election the poll for which is taken together with the poll for the local election.]

[F32 (2A) If [F33 , on behalf of] a candidate who is the subject of a party's authorisation under rule 5A(1) [F34 , the registered nominating officer of that party] so requests, the ballot paper shall contain, against the candidate's particulars, the party's registered emblem (or, as the case may be, one of the party's registered emblems).

(2B) The request must—

(a) be made in writing to the returning officer, and

(b) be received by him before the last time for the delivery of nomination papers.]

[F35 (2C) If, on behalf of a candidate who is the subject of two or more parties' authorisations under rule 5A(1B) the registered nominating officers of those parties so request, the ballot paper must contain, against the candidate's particulars, the registered emblem of one of those parties (or, as the case may be, one of its registered emblems).

(2D) The request mentioned in paragraph (2C) must be—

(a) made in writing by the nominating officers of the parties jointly to the returning officer, and

(b) received by the returning officer before the last time for the delivery of nomination papers.]

(3) The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

[F36 (4) In this rule “registered nominating officer” means the person registered as a party's nominating officer under the Political Parties, Elections and Referendums Act 2000 or a person authorised by the nominating officer to act on his or her behalf.]

F29 Words in Sch. 5 rule 16(2)(c) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 59(2); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F30 Sch. 5 rule 16(2)(d) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 54(2) (with art. 1(3))

F31 2001 c. 7

F32 SI 2001/417

F33 Words in Sch. 5 rule 16(2A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 54(3)(a) (with art. 1(3))

F34 Words in Sch. 5 rule 16(2A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 54(3)(a) (with art. 1(3))

F35 Sch. 5 rule 16(2C)(2D) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 54(3)(b) (with art. 1(3))

F36 Sch. 5 rule 16(4) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 54(4) (with art. 1(3))

Corresponding number list N.I.

[F37 16A (1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all the ballot papers sent in pursuance of rule 21(1) or provided in pursuance of rule 26(1).

(2) The form of corresponding number list to be prepared by the returning officer for the purpose of this rule must be in form 4A in the Appendix.

(3) The form of the corresponding number list to be prepared by the returning officer for the purpose of this rule when the poll at a local election is to be taken with the poll at an election under section 15 of the Representation of the People Act 1985 (combination of polls at Parliamentary, European Parliamentary and local elections) must be in form 4B in the Appendix.]

F37 Sch. 5 rule 16A inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 55 (with art. 1(3))

Modifications etc. (not altering text)

C2 Sch. 5 rule 16A(2) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 7

The official mark N.I.

17 [F38 (1) Every ballot paper must contain an appropriate security marking (the official mark).]

(2) The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark at elections for the same district electoral area.

[F39 (3) The returning officer may use a different official mark for different purposes at the same election.]

F38 Sch. 5 rule 17(1) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 60(2); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F39 Sch. 5 rule 17(3) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 60(3); S.I. 2008/1316, art. 2(3), 5(f)(iii)

Prohibition of disclosure of vote N.I.

18 No person who has voted at the election shall, in any legal proceeding to question the election, be required to state for whom he voted.

Use of schools and public rooms N.I.

19 (1) The returning officer may use, free of charge, for the purpose of taking the poll or conducting the count—

(a) school premises to which this rule applies;

(b) a room the expense of maintaining which is payable out of any rate.

(2) This rule applies to a school which is in receipt of a grant out of moneys appropriated by [F40 an Act] of the Northern Ireland Assembly.

(3) The returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such premises or room as mentioned above by reason of its being used for the purpose of taking the poll or conducting the count.

(4) The use of a room in an unoccupied house for that purpose does not render a person liable to be rated or to pay any rate for the house.

F40 Words in Sch. 5 rule 19(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 56 (with art. 1(3))

Notice of poll N.I.

20 (1) The returning officer shall in the statement of persons nominated include a notice of the poll, stating the day on which the hours during which the poll will be taken.

(2) The returning officer shall also give public notice (which may be combined with the statement of persons nominated) of—

(a) the situation of each polling station;

(b) the description of voters entitled to vote there;

(c) the mode in which voters are to vote; F41 . . .

(d) the number of councillors to be elected for each district electoral area;

[F42 and the returning officer must as soon as practicable after giving such notice give a copy of it to each of the election agents.]

[F43 (3) The notice published under paragraph (2)—

(a) must state that the poll at the local election is to be taken together with the poll at a parliamentary election;

(b) must specify the relevant parliamentary constituency.]

F41 Word in Sch. 5 rule 20(2)(c) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 57 (with art. 1(3))

F42 Words in Sch. 5 rule 20(2) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 57 (with art. 1(3))

F43 2001 c. 7

Postal ballot papers N.I.

21 (1) The returning officer shall as soon as practicable send to those entitled to vote by post, at the addresses [F44 shown in the absent voters list], a ballot paper and a declaration of identity in the [F45 relevant] form prescribed in the Appendix, together with an envelope for their return.

(2) The declaration of identity shall be witnessed by another elector who personally knows the voter.

[F46 (3) The returning officer must also send to those entitled to vote by post such information as the returning officer thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;

(b) a translation into Braille of such directions or guidance;

(c) graphical representations of such directions or guidance;

(d) the directions or guidance in any other form (including any audible form).

(4) The returning officer must ensure that the return of the ballot paper and the declaration of identity is free of charge to the voter.]

F44 SI 1987/168

F45 2001 c. 7

F46 Sch. 5 rule 21(3)(4) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 58 (with art. 1(3))

Modifications etc. (not altering text)

C3 Sch. 5 rule 21(1) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 10

C4 Sch. 5 rule 21(1) excluded in part (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 11

Provision of polling stations N.I.

22 (1) The returning officer shall provide a sufficient number of polling stations and shall allot the electors to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any polling district shall be in the polling place for that district.

(4) The returning officer shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks N.I.

23 (1) The returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed by or on behalf of a candidate in or about the election.

(2) The returning officer may, if he thinks fit, preside at a polling station and the provisions of these rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station or refuse to deliver a ballot paper under paragraph (4) of rule 34 (including that paragraph as applied by rule 35, 36 or 37).

Rule 24 omitted by SI 1987/168

Issue of official poll cards N.I.

25 (1) The returning officer shall as soon as practicable [F47 after the publication of the notice of election] send to electors and their proxies an official poll card, but a card need not be sent to any person—

(a) as an elector if he is placed on the absent voters list for the election; or

(b) as a proxy if [F48 he is entitled to vote by post as proxy at the election].

(2) An elector's official poll card shall be sent or delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.

(3) The official poll card shall be in the form prescribed in the Appendix and shall set out—

(a) the name of the district electoral area;

(b) the elector's name, qualifying address and number on the register;

(c) the date and hours of the poll and the situation of the elector's polling station [F49 ; and

(d) such other information as the returning officer thinks appropriate;

and different information may be provided in pursuance of sub-paragraph (d) to different electors or descriptions of electors.]

[F50 (3A) An official poll card issued under this rule may be combined with an official poll card issued at a parliamentary election.]

(4) Paragraph (7) of rule 6 applies for the interpretation of this rule.

F47 Words in Sch. 5 rule 25(1) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 59(2) (with art. 1(3))

F48 SI 1987/168

F49 Words in Sch. 5 rule 25(3) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 59(3) (with art. 1(3))

F50 2001 c. 7

Equipment of polling stations N.I.

26 (1) The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer's opinion may be necessary.

(2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked [F51 or, where the box has no lock, the seal being broken].

(3) The returning officer shall provide each polling station with—

(a) materials to enable voters to mark the ballot papers;

F52 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) copies of the register of electors or such part of it as contains the names of the electors allotted to the station;

(d) the parts of the absent voters lists prepared for the election corresponding to the register of electors or the part of it provided under sub-paragraph (c).

[F53 (e) a list consisting of that part of the list prepared under rule 16A which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.]

[F54 (3ZA) The reference in paragraph (3)(c) to the copies of the register of electors includes a reference to copies of any notices issued in respect of alterations to the register under section 13BA(9) of the 1983 Act.

(3ZB) In this Schedule “section 13BA(9) of the 1983 Act” means section 13BA(9) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989).]

[F55 (3ZC) Subject to paragraph (3ZD), the list provided under paragraph (3)(e) must be in the form 8A in the Appendix.

(3ZD) Where the poll at a local election is to be taken with the poll at an election under subsection (1) or (2) of section 15 of the Representation of the People Act 1985, the list provided under paragraph (3)(e) must be in the form 8B in the Appendix.

(3ZE) Where proof has been given to the returning officer's satisfaction of the death of a candidate named in the ballot paper as an independent candidate (within the meaning of rule 61), the returning officer must provide each presiding officer with sufficient number of notices informing the voters that the candidate has died for display in every compartment of every polling station.]

[F56 (3A) The returning officer shall also provide each polling station with—

(a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially-sighted;

(b) a device falling within the description in paragraphs (5) to (10) for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 36(1)).]

(4) A notice in the form in the Appendix giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited outside every polling station and in every compartment of every polling station.

[F57 (4A) The notice referred to in paragraph (4)—

(a) must clearly indicate the election to which it relates;

(b) must be printed on paper of the same colour as the ballot papers (other than tendered ballot papers) used at the election to which it relates.]

[F56 (5) The device must be capable of being attached firmly to a ballot paper and of being removed from it after use without damage to the paper.

(6) On the left-hand side of the device there shall be tabs of equal size which satisfy the conditions in paragraphs (7) to (10).

(7) The tabs shall be capable of being positioned on the ballot paper so that each one is above one of the spaces to the left of the particulars of the candidates on which the vote is to be marked ( the relevant space).

(8) Each tab shall be numbered so that, when the device is positioned over a ballot paper, the number of each tab corresponds to that of the candidate whose particulars are to the right of the relevant space covered by the tab in question.

(9) Each number on a tab shall be in raised form so that it can be clearly identified by touch.

(10) Each tab shall be capable of being lifted so as to reveal the relevant space and so that there is sufficient room to allow a voter to record his vote on that space.]

F51 Words in Sch. 5 rule 26(2) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 60(2) (with art. 1(3))

F52 Sch. 5 rule 26(3)(b) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 60(3) (with art. 1(3))

F53 Sch. 5 rule 26(3)(e) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 60(4) (with art. 1(3))

F54 Sch. 5 rule 26(3ZA)(3ZB) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(2); S.I. 2008/1318, art. 2(2)(b)

F55 Sch. 5 rule 26(3ZC)-(3ZE) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 60(5) (with art. 1(3))

F56 SI 2001/417

F57 2001 c. 7

Modifications etc. (not altering text)

C5 Sch. 5 rule 26(3ZC) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 16

C6 Sch. 5 rule 26(4) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 18

Appointment of polling and counting agents N.I.

27 (1) Each candidate may, before the commencement of the poll, appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation; and

(b) [F58 counting agents] to attend at the counting of the votes.

[F59 (1A) The returning officer may limit the number of counting agents, so however that—

(a) the number is the same in the case of each candidate; and

(b) the number allowed to a candidate may not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.]

(2) Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate to the returning officer and shall be so given not later than 5 p.m. on the [F60 fifth] day (computed like any period of time in the Timetable) before the day of the poll.

(3) If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(4) F61 . . . Any appointment authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate's election agent, instead of by the candidate.

(5) In the following provisions of these rules references to polling and counting agents shall be taken as references to agents—

(a) whose appointments have been duly made and notified; and

(b) where the number of agents is restricted, who are within the permitted number.

(6) Any notice required to be given to a counting agent by the returning officer may be delivered at or sent by post to the address stated in the notice of appointment.

(7) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(8) A candidate's election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of a candidate's election agent instead of his polling agent or counting agent.

(9) Where by these rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

F58 Words in Sch. 5 rule 27(1)(b) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 61(2) (with art. 1(3))

F59 Sch. 5 rule 27(1A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 61(3) (with art. 1(3))

F60 Word in Sch. 5 rule 27(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 61(4) (with art. 1(3))

F61 Words in Sch. 5 rule 27(4) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 61(5) (with art. 1(3))

Notification of requirement of secrecy N.I.

[F62 28 The returning officer shall make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or [F63 assisting a voter with disabilities] to vote or as a constable on duty there) has been given a copy in writing of the provisions of paragraph 27(1) and (3) of Schedule 9 and a statement of the penalty prescribed by section 111(2A)(d) (as inserted by paragraph 27 of Schedule 1 to the Local Elections (Norther Ireland) (Amendment) Order 1987); and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of paragraph 27(2) of Schedule 9 and a statement of the penalty prescribed by section 111(2A)(d) (as inserted by paragraph 27 of Schedule 1 to the Local Elections (Northern Ireland) (Amendment) Order 1987).]

F62 SI 1987/168

F63 Words in Sch. 5 rule 28(a) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 62 (with art. 1(3))

Admission to polling station N.I.

29 [F64 (1) The presiding officer shall exclude all persons from the polling station except—

(a) voters;

(b) persons under the age of 18 who accompany voters to the polling station;

(c) the candidates and their election agents;

(d) the polling agents appointed to attend at the polling station;

(e) the clerks appointed to attend at the polling station;

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000;

(g) the constables on duty; and

(h) the companions of voters with disabilities.

(1A) The presiding officer shall regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.]

(2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

(3) A constable,F65 . . . or a person employed by a returning officer shall not be admitted to vote in person elsewhere than at the polling station allotted to him, except on production and surrender of a certificate as to his employment, which shall be in the form in the Appendix and shall be signed—

(a) in the case of a constable, by an officer of the Royal Ulster Constabulary not below the rank of F66 . . . inspector;

Sub-para. (b) omitted by SI 1987/168

(c) in the case of a person employed by the returning officer, by that officer.

(4) Any certificate surrendered under this rule shall forthwith be cancelled.

F64 Sch. 5 rule 29(1)(1A) substituted (1.7.2008) for Sch. 5 rule 29(1) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 57; S.I. 2008/1316, art. 2(3), 5(f)(iii)

F65 SI 1987/168

F66 Word in Sch. 5 rule 29(3)(a) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 63 (with art. 1(3))

Modifications etc. (not altering text)

C7 Sch. 5 rule 29(1) modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 19(3)

Keeping of order in station N.I.

30 (1) It is the presiding officer's duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station—

(a) by a constable F67 . . . , or

(b) by any other person authorised in writing by the returning officer to remove him,

and the person so removed shall not, without the presiding officer's permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

F67 Words in Sch. 5 rule 30(2)(a) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 64 (with art. 1(3))

Sealing of ballot boxes N.I.

31 Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and shall then lock it up [F68 (if it has a lock)] and place his seal on it in such a manner as to prevent its being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked [F69 (if it has a lock)] and sealed.

F68 Words in Sch. 5 rule 31 inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 65(a) (with art. 1(3))

F69 Words in Sch. 5 rule 31 inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 65(b) (with art. 1(3))

Questions to be put to voters N.I.

32 (1) The presiding officer may, and if required by a candidate or his election or polling agent shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions, or either of them—

(a) in the case of a person applying as an elector—

(i) Are you the person registered in the register of electors for this election as follows (read the whole entry from the register)?

(ii) Have you already voted on your own behalf either here or elsewhere in this or any other district electoral area at this [F70 local] election?

(b) in the case of a person applying as proxy—

(i) Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.?

(ii) Have you already voted as proxy on behalf of C.D. either here or elsewhere in this or any other district electoral area at this [F70 local] election?

[F71 (1A) In the case of a person applying as an elector, the presiding officer may put the following additional question—

What is your date of birth?.]

[F72 (1B) In the case of a person applying as an elector who is named in the absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 as a person entitled to vote by post, the presiding officer may put either or both of the following additional questions—

(a) “Did you apply to vote by post?”;

(b) “Why have you not voted by post?”.

(1C) In the case of a person applying as proxy who is named in the absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy, the presiding officer may put either or both of the following additional questions—

(a) “Did you apply to vote by post as proxy?”;

(b) “Why have you not voted by post as proxy?”.]

(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned[F71 in paragraph (1)] above shall, put the following additional question:—

• Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?

• and if that question is not answered in the affirmative the following question:—

• Have you at this [F70 local] election already voted in this district electoral area on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?

(3) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

(4) Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote.

[F73 (5) In the case of an elector in respect of whom a notice has been issued under section 13BA(9) of the Representation of the People Act 1983, the reference in the question at paragraph (1)(a)(i) to reading from the register must be taken as a reference to reading from the notice.]

F70 2001 c. 7

F71 SI 2002/2835

F72 Sch. 5 rule 32(1B)(1C) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 64; S.I. 2008/1316, art. 2(3), 5(f)(iii)

F73 Sch. 5 rule 32(5) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 66 (with art. 1(3))

Modifications etc. (not altering text)

C8 Sch. 5 rule 32 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 20(2)

Challenge of voter N.I.

[F74 33 A person shall not be prevented from voting by reason only that—

(a) a candidate or an election or polling agent declares that he or she has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he or she is suspected of committing or of being about to commit such an offence.]

F74 Sch. 5 rule 33 substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 67 (with art. 1(3))

Voting procedure N.I.

34 (1) Subject to paragraphs (2) to (7), a ballot paper shall be delivered to a voter who applies for one and immediately before delivery—

F75 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the number and name of the elector as stated in the copy of the register of electors shall be called out;

(c) the number of the elector shall be marked on the [F76 list mentioned in rule 26(3)(e) beside the number of the ballot paper to be issued to the elector];

(d) a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(e) in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

[F77 (1A) In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9) of the 1983 Act, paragraph (1) is modified as follows—

(a) in sub-paragraph (b), for “copy of the register of electors” substitute copy of the notice issued under section 13BA(9) of the 1983 Act;

(b) in sub-paragraph (d), for “in the register of electors” substitute on the copy of the notice issued under section 13BA(9) of the 1983 Act.]

(2) A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

(3) Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless the officer or clerk decides that

[F78 (a) the document; or

(b) the apparent age of the voter as compared with his age according to the date supplied as the date of his birth pursuant to section 10(4A(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989),

raises a reasonable doubt as to whether the voter is the elector or proxy he represents himself to be.] .

(4) [F78 Where in such a case it is a presiding officer who so decides,] he shall refuse to deliver a ballot paper to the voter.

[F78 (5) Where in such a case it is a clerk who so decides, he shall refer the matter and produce the document to the presiding officer, who shall proceed as if it had been to him that the voter had presented himself and produced the document in the first place.]

(6) For the purposes of this rule a specified document is one which for the time being falls within the following list:—

[F79 (a) a F80 . . . licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;]

(b) a F80 . . . passport issued by the Government of [F81 a Member State of the European Community;]

Subs.—paras. (c)—(g) rep. by SI 2003/1245

[F78 (h) a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;]

[F78 (i) a F80 . . . electoral identity card issued under section 13C of the Representation of the People Act 1983]

[F82 (j) a Blind Person's SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(k) a War Disabled SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(l) a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008.]

F83 . . .

[F84 (6A) In paragraph (6)(a) “licence to drive a motor vehicle” means a licence granted under—

(a) Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988;

(b) the Road Traffic (Northern Ireland) Order 1981; or

(c) any corresponding enactment for the time being in force,

and includes a Community licence within the meaning of those enactments.]

(7) References in this rule to producing a document are to producing it for inspection.

(8) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there shall—

(a) secretly record his vote by placing on the ballot paper the figure 1 opposite the name of the candidate for whom he votes and in addition, if he so wishes, by placing the figure 2 opposite the name of the candidate of his second choice, the figure 3 opposite the name of the candidate of his third choice and so on in the order of his preference;

(b) fold the paper so that his vote is concealed;

(c) show to the presiding officer the back of the paper so as to disclose the [F85 number and other unique identifying] mark; and

(d) put the folded ballot paper into the ballot box in the presiding officer's presence.

(9) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

[F86 (10) The same copy of the register of electors may be used under paragraph (1) for each election.

(11) One mark may be placed in that register under paragraph (1)(d) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been received in respect of each election.

(12) If a ballot paper is issued in respect of one election only a different mark must be placed in the register or list (as the case may be) so as to identify the election in respect of which the ballot paper is issued.]

F75 Sch. 5 rule 34(1)(a) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(2) (with art. 1(3))

F76 Words in Sch. 5 rule 34(1)(c) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(3) (with art. 1(3))

F77 Sch. 5 rule 34(1A) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(3); S.I. 2008/1318, art. 2(2)(b)

F78 SI 2002/2835

F79 SI 2003/1245

F80 Word in Sch. 5 rule 34(6) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(4)(a) (with art. 1(3))

F81 SI 1995/1948

F82 Sch. 5 rule 34(6)(j)(k)(l) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(4)(b) (with art. 1(3))

F83 Words in Sch. 5 rule 34(6) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(4)(c) (with art. 1(3))

F84 Sch. 5 rule 34(6A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(5) (with art. 1(3))

F85 Words in Sch. 5 rule 34(8)(c) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(6) (with art. 1(3))

F86 2001 c. 7

Modifications etc. (not altering text)

C9 Sch. 5 rule 34(1)(e) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 22(4)

Disclosure of information regarding ballot papers N.I.

[F87 34A (1) During the taking of the poll the presiding officer and the clerks appointed to attend at the polling station may not disclose how many ballot papers have been issued to voters; but this is subject to paragraph (2).

(2) The presiding officer may disclose that information to—

(a) the returning officer, or

(b) any other person in accordance with directions given by the returning officer.

(3) Any direction under paragraph (2)(b) must be given before the commencement of the poll.]

F87 Sch. 5 rule 34A inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 69 (with art. 1(3))

Votes marked by presiding officer N.I.

35 (1) Subject to paragraph (2), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other [F88 disability] from voting in manner directed by these rules, or

(b) who declares orally that he is unable to read,

shall, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in manner directed by the voter, and the ballot paper to be placed in the ballot box.

(2) Paragraphs (2) to (7) of rule 34 apply in the case of a voter who applies under paragraph (1) as they apply in the case of a voter who applies under rule 34(1), but reading references to delivering a ballot paper to a voter as references to causing a voter's vote to be marked on a ballot paper.

(3) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these rules called the list of votes marked by the presiding officer).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

[F89 (4) The same list may be used for each election.

(5) If it is, an entry in the list must be taken to mean that the ballot papers were marked in pursuance of this rule in respect of each election unless the list identifies the election at which the ballot paper was so marked.]

[F90 (6) In this rule and in rule 36, reference to disability, in relation to voting, includes a short term inability to vote.]

[F91 (7) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, paragraph (3) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.]

F88 Words in Sch. 5 rule 35(1)(a) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 65(a); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F89 2001 c. 7

F90 Sch. 5 rule 35(6) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 65(b); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F91 Sch. 5 rule 35(7) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(4); S.I. 2008/1318, art. 2(2)(b)

Voting by persons with disabilities N.I.

[F92 36 (1) If a voter makes an application to the presiding officer to be allowed, on the grounds of—

(a) blindness or other [F93 disability], or

(b) inability to read,

to vote with the assistance of another person by whom he is accompanied (in these rules referred to as the companion), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or [F94 other disability], or by his inability to read, as to be unable to vote without assistance.

(2) [F95 Subject to paragraph (2A), if] the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these rules referred to as the declaration made by the companion of a voter with disabilities) that the companion—

(i) is a qualified person within the meaning of this rule, and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer shall grant the application, and then anything which is by these rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

[F95 (2A) Paragraphs (2) to (7) of rule 34 shall apply in the case of a voter who applies under paragraph (1) as they apply in the case of a voter who applies under rule 34(1), but reading references to delivering a ballot paper as references to granting a voter's application.]

(3) For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person—

(a) is a person who is entitled to vote as an elector at the election; or

(b) is the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.

(4) The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as the list of voters with disabilities assisted by companions).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

[F96 (4A) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.]

[F97 (4A) The same list may be used for each election.

(4B) If it is, an entry in the list must be taken to mean that the votes were given in accordance with this rule in respect of each election unless the list identifies the election at which the vote was so given.]

(5) The declaration made by the companion—

(a) shall be in the form in the Appendix; and

(b) shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.

(6) No fee or other payment shall be charged in respect of the declaration.]

F92 SI 2001/417

F93 Words in Sch. 5 rule 36(1)(a) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 66(a); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F94 Words in Sch. 5 rule 36(1) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 66(b); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F95 SI 2002/2835

F96 Sch. 5 rule 36(4A) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(5); S.I. 2008/1318, art. 2(2)(b)

F97 2001 c. 7

Modifications etc. (not altering text)

C10 Sch. 5 rule 36(5)(a) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 25

Tendered ballot papers N.I.

37 (1) If a person, representing himself to be—

(a) a particular elector named on the register and not named in the absent voters list, or

(b) a particular person named in the list of proxies as proxy for an elector and notF98 . . . entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a tendered ballot paper) in the same manner as any other voter.

[F99 (1A) Paragraph (1C) applies if —

(a) a person applies for a ballot paper representing himself to be a particular elector named on the register,

(b) he is also named in the absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 as a person entitled to vote by post, and

(c) he claims that he did not make an application to vote by post at the election.

(1B) Paragraph (1C) also applies if—

(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

(b) he is also named in the absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy, and

(c) he claims that he did not make an application to vote by post as proxy.

(1C) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.]

[F100 (1D) Paragraph (1E) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

(a) a particular elector named on the register who is also named in the absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to that Order as a person entitled to vote by post, or

(b) a particular person named as a proxy in the list of proxies and who is also named in the absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy,

and claims that he has lost or has not received his postal ballot paper.

(1E) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.]

(2) Paragraphs (2) to (7) of rule 34 shall apply in the case of a person who seeks to mark a tendered ballot paper under paragraph (1) as they apply in the case of a voter who applies for a ballot paper under rule 34(1).

(3) Paragraph (4) applies where

[F101 (a)] [F101 under paragraph (3) of rule 32 a ballot paper is not delivered to a person following his unsatisfactory answer to the question in paragraph (1A) of that rule; or]

[F101 (b)] a presiding officer refuses to deliver a ballot paper to a person under paragraph (4) of rule 34 (including that paragraph as applied by rule 35 or 36 or this rule).

(4) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a tendered ballot paper) in the same manner as any other voter.

[F102 (4A) This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act as if—

(a) in paragraphs (1)(a), (1A)(a) and (1D)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) of the 1983 Act has been issued”;

(b) in paragraph (5)(b), for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”;

(c) in paragraph (6), for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”.]

(5) A tendered ballot paper shall—

(a) be of a colour differing from the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(6) The name of the voter and his number on the register of electors shall be entered on a list (in these rules referred to as the tendered votes list).

[F103 (6A) The same list may be used for each election.

(6B) If it is, an entry in the list must be taken to mean that the tendered ballot papers were marked in respect of each election unless the list identifies the election at which a tendered ballot paper was marked.]

(7) In the case of a person voting as proxy for an elector the number to be endorsed or entered together with the voter's name shall be the number of that elector.

(8) A person who marks a tendered ballot paper under paragraph (4) shall sign the paper, unless it was marked after an application was refused under rule 35 or 36.

(9) A paper which is required to be signed under paragraph (8) and is not so signed shall be void.

F98 SI 1987/168

F99 Sch. 5 rule 37(1A)-(1C) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 63(1); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F100 Sch. 5 rule 37(1D)(1E) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 63(2); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F101 SI 2002/2835

F102 Sch. 5 rule 37(4A) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(6); S.I. 2008/1318, art. 2(2)(b)

F103 2001 c. 7

Refusal to deliver ballot paper N.I.

38 (1) This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (4) of rule 34 (including that paragraph as applied by rule 35, 36 or 37).

(2) The refusal shall be subject to review on an election petition but, subject to that, shall be final and shall not be questioned in any proceeding whatsoever.

Spoilt ballot papers N.I.

39 A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction that fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these rules referred to as a spoilt ballot paper), and the spoilt ballot paper shall be immediately cancelled.

Correction of errors on day of poll N.I.

[F104 39A The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13BA(9) of the 1983 Act which takes effect on the day of the poll.]

F104 Sch. 5 para. 39A inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(7); S.I. 2008/1318, art. 2(2)(b)

Adjournment of poll in case of riot N.I.

40 (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings until the following day and shall forthwith give notice to the returning officer.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned shall be the same as for the original day; and

(b) references in these rules to the close of poll shall be construed accordingly.

Procedure on close of poll N.I.

41 (1) As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key [F105 (if it has a lock)] attached,

(b) the unused and spoilt ballot papers placed together,

(c) the tendered ballot papers,

(d) the marked copies of the register of electors [F106 (including any marked copy notices issued under section 13BA(9) of the 1983 Act)] and of the list of proxies,

[F107 (da) the lists prepared under rule 16A including the part that was completed in accordance with rule 34(1)(c) (in these rules referred to as “the completed corresponding number lists”).]

(e) F108 . . . the certificates as to employment on duty on the day of the poll,

(f) the tendered votes list, the list of [F109 voters with disabilities] assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads [F110 “disability”] and unable to read, [F111 the list maintained under rule 39A,] and the declarations made by the companions of [F109 voters with disabilities],

and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer's approval.

[F112 (1A) Separate packets must be made up in respect of each election for the purpose of each of sub-paragraphs (b), (c) and (e) of paragraph (1).]

(2) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as [F113 the completed corresponding number lists or] the certificates as to employment on duty on the day of the poll.

(3) The packets shall be accompanied by a statement (in these rules referred to as the ballot paper account) made by the presiding officer [F112 separately for the purposes of each election] showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

F105 Words in Sch. 5 rule 41(1)(a) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 70(2) (with art. 1(3))

F106 Words in Sch. 5 rule 41(1)(d) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(8)(a); S.I. 2008/1318, art. 2(2)(b)

F107 Sch. 5 rule 41(1)(da) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 70(3) (with art. 1(3))

F108 Words in Sch. 5 rule 41(1)(e) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 70(4) (with art. 1(3))

F109 SI 2001/417

F110 Words in Sch. 5 rule 41(1)(f) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 67; S.I. 2008/1316, art. 2(3), 5(f)(iii)

F111 Words in Sch. 5 rule 41(1)(f) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(8)(b); S.I. 2008/1318, art. 2(2)(b)

F112 2001 c. 7

F113 Words in Sch. 5 rule 41(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 70(5) (with art. 1(3))

Modifications etc. (not altering text)

C11 Sch. 5 rule 41(1) modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 29(3)

Part IV N.I. Counting of Votes

Interpretation N.I.

42 In this Part of these rules—

• continuing candidate means any candidate not deemed to be elected and not excluded;

• count means all the operations involved in the counting of the first preferences recorded for candidates, the transfer of the surpluses of elected candidates, and the transfer of the votes of excluded candidates;

• deemed to be elected means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;

• mark means a figure, a word written in the English language or a mark such as X;

• non-transferable vote means a ballot paper—

  (a)

  on which no second or subsequent preference is recorded for a continuing candidate, or

  (b)

  which is excluded by the returning officer under rule 50(4);

• preference as used in the following contexts has the meaning assigned below:—

  (a)

  first preference means the figure 1 or any mark or word which clearly indicates a first (or only) preference;

  (b)

  next available preference means a preference which is the second or, as the case may be, subsequent preference recorded in consecutive order for a continuing candidate (any candidate who is deemed to be elected or is excluded thereby being ignored), and

  (c)

  in this context, a second preference is shown by the figure 2 or any mark or word which clearly indicates a second preference, a third preference by the figure 3 or any mark or word which clearly indicates a third preference, and so on;

• quota means the number calculated in accordance with rule 48;

• surplus means the number of votes by which the total number of votes for any candidate (whether first preference or transferred votes, or a combination of both) exceeds the quota; but, references in these rules to the transfer of the surplus means the transfer (at a transfer value) of all transferable papers from the candidate who has the surplus;

• stage of the count means—

  (a)

  the determination of the first preference vote for each candidate;

  (b)

  the transfer of a surplus of a candidate deemed to be elected; or

  (c)

  the exclusion of one or more candidates at any given time;

• transferable paper means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

• transferred vote means a vote derived from a ballot paper on which a second or subsequent preference is recorded for the candidate to whom that paper has been transferred;

• transfer value means the value of a transferred vote calculated in accordance with paragraph (4) or (7) of rule 49, as the case may be.

Place and time for, and manner of, counting of votes N.I.

43 (1) Subject to paragraph (3), the returning officer shall make arrangements for counting the votes in the presence of the counting agents at 9 in the [F114 morning on the second day after] the day of the poll and shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes.

[F114 (1A) For the purpose of determining the day for counting under paragraph (1) a Saturday, a Sunday and a public holiday must be disregarded.]

(2) There shall be a separate count in respect of each district electoral area in the local government district.

(3) Nothing in paragraph (1) shall require the returning officer to commence counting the votes for all the district electoral areas in any local government district at the same time.

F114 2001 c. 7

Modifications etc. (not altering text)

C12 Sch. 5 rule 43(1) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 35

Attendance at counting of votes N.I.

44 (1) No person other than—

(a) the returning officer and his clerks,

(b) the candidates [F115 and one other person chosen by each of them],

(c) the election agents,

(d) the counting agents,

(e) the constables on duty,

[F116 (f) a person who is entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000.]

may be present at the counting of the votes, unless permitted by the returning officer to attend.

(2) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless [F117 the returning officer—

(a) is satisfied that the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.]

(3) The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings at the counting of the votes (including in particular, facilities for satisfying themselves that the ballot papers are correctly sorted) and all such information with respect thereto as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions.

F115 Words in Sch. 5 rule 44(1)(b) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 71(2) (with art. 1(3))

F116 Sch. 5 rule 44(1)(f) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 58; S.I. 2008/1316, art. 2(3), 5(f)(iii)

F117 Words in Sch. 5 rule 44(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 71(3) (with art. 1(3))

Modifications etc. (not altering text)

C13 Sch. 5 rule 44 excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 35

Preliminary proceedings and conduct of the count N.I.

45 (1) Before the returning officer proceeds to count the votes, he shall—

(a) in the presence of the counting agents open each ballot box and, taking out the ballot papers in it, count and record the number of them and in the presence of the election agents verify each ballot paper account;

(b) count such of the postal ballot papers as have been duly returned and record the number counted; and

(c) then mix together the whole of the ballot papers mentioned in the foregoing sub-paragraphs.

(2) A postal ballot paper shall not be deemed to be duly returned unless

[F118 (a) it is returned in the proper envelope so as to reach the returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated, and

(b) in the case of an elector, that declaration of identity states the date of birth of the elector and the returning officer is satisfied that the date corresponds with the date supplied as the date of the elector's birth pursuant to section 10(4A)(b), 10A(1A)(b) or section 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989).]

[F118 (2A) In the case of an elector, unless section 10(4B), 10A(1B) or 13A(2B) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989) applies, the declaration of identity referred to in paragraph (2) shall be taken not to be duly signed unless the returning officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector's signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the Representation of the People Act 1983 (as so applied)]

(3) The returning officer shall not count any tendered ballot paper.

(4) The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers [F119 or other unique identifying marks] printed on the back of the papers.

(5) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.

(6) The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment and excluding (except so far as he and the agents otherwise agree) the hours between 11 in the evening and 9 on the following morning.

For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.

(7) During the time so excluded the returning officer shall—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

(b) otherwise take proper precautions for the security of the papers and documents.

F118 SI 2002/2835

F119 Words in Sch. 5 rule 45(4) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 72 (with art. 1(3))

Modifications etc. (not altering text)

C14 Sch. 5 rule 45 excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 35

Rejected ballot papers N.I.

46 (1) Any ballot paper—

(a) which does not bear the official mark; or

(b) on which the figure 1 standing alone is not placed so as to indicate a first preference for some candidate; or

(c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate; or

(d) on which anything (other than the printed number [F120 and other unique identifying mark] on the back) is written or marked by which the voter can be identified; or

(e) which is unmarked or void for uncertainty,

shall be void and not counted, but the ballot paper shall not be void by reason only of carrying the words one, two, three, (and so on) or any other mark instead of a figure if, in the opinion of the returning officer, the word or mark clearly indicates a preference or preferences.

(2) The returning officer shall endorse rejected on any ballot paper which under this rule is not to be counted and if an election agent objects to his decision shall add to the endorsement the words rejection objected to.

(3) The returning officer shall prepare a statement showing the number of ballot papers rejected by him under each of sub-paragraphs (a), (b), (c), (d) and (e) of paragraph (1) and shall, on request, allow any candidate or agent of a candidate to copy such statement.

(4) The decision of the returning officer on any question arising in respect of a ballot paper shall be final but shall be subject to review on an election petition.

F120 Words in Sch. 5 rule 46(1)(d) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 73 (with art. 1(3))

First stage N.I.

47 (1) The returning officer shall sort the ballot papers into parcels according to the candidates for whom first preference votes are given.

(2) The returning officer shall then count the number of first preference votes given on ballot papers for each candidate and shall record those numbers.

(3) The returning officer shall also ascertain and record the number of valid ballot papers.

The quota N.I.

48 (1) The returning officer shall divide the number of valid ballot papers by a number exceeding by one the number of members to be elected.

(2) The result, increased by one, of the division under paragraph (1) (any fraction being disregarded) shall be the number of votes sufficient to secure the election of a candidate (in these rules referred to as the quota).

(3) At any stage of the count a candidate whose total vote equals or exceeds the quota shall be deemed to be elected, except that at an election where there is only one vacancy a candidate shall not be deemed to be elected until the procedure set out in paragraphs (1) to (3) of rule 51 has been complied with.

Transfer of votes N.I.

49 (1) Where the number of first preference votes for any candidate exceeds the quota, the returning officer shall sort all the ballot papers on which first preference votes are given for that candidate into sub-parcels so that they are grouped—

(a) according to the next available preference given on those papers for any continuing candidate, or

(b) where no such preference is given, as the sub-parcel of non-transferable votes.

(2) The returning officer shall count the number of ballot papers in each parcel referred to in paragraph (1).

(3) The returning officer shall, in accordance with this rule and rule 50, transfer each sub-parcel of ballot papers referred to in sub-paragraph (a) of paragraph (1) to the candidate for whom the next available preference is given on those papers.

(4) The vote on each ballot paper transferred under paragraph (3) shall be at a value ( the transfer value) which—

(a) reduces the value of each vote transferred so that the total value of all such votes does not exceed the surplus, and

(b) is calculated by dividing the surplus of the candidate from whom the votes are being transferred by the total number of the ballot papers on which those votes are given, the calculation being made to two decimal places (ignoring the remainder if any).

(5) Where, at the end of any stage of the count involving the transfer of ballot papers, the number of votes for any candidate exceeds the quota, the returning officer shall sort the ballot papers in the sub-parcel of transferred votes which was last received by that candidate into separate sub-parcels so that they are grouped—

(a) according to the next available preference given on those papers for any continuing candidate, or

(b) where no such preference is given, as the sub-parcel of non-transferable votes.

(6) The returning officer shall, in accordance with this rule and rule 50, transfer each sub-parcel of ballot papers referred to in sub-paragraph (a) of paragraph (5) to the candidate for whom the next available preference is given on those papers.

(7) The vote on each ballot paper transferred under paragraph (6) shall be at—

(a) a transfer value calculated as set out in sub-paragraph (b) of paragraph (4), or

(b) at the value at which that vote was received by the candidate from whom it is now being transferred,

whichever is the less.

(8) Each transfer of a surplus constitutes a stage in the count.

(9) Subject to paragraph (10), the returning officer shall proceed to transfer transferable papers until no candidate who is deemed to be elected has a surplus or all the vacancies have been filled.

(10) Transferable papers shall not be liable to be transferred where any surplus or surpluses which, at a particular stage of the count, have not already been transferred, are—

(a) less than the difference between the total vote then credited to the continuing candidate with the lowest recorded vote and the vote of the candidate with the next lowest recorded vote; or

(b) less than the difference between the total votes of the two or more continuing candidates, credited at that stage of the count with the lowest recorded total numbers of votes and the candidate next above such candidates.

(11) This rule shall not apply at an election where there is only one vacancy.

Supplementary provisions on transfer N.I.

50 (1) If, at any stage of the count, two or more candidates have surpluses, the transferable papers of the candidate with the largest surplus shall be transferred first, and if—

(a) the surpluses determined in respect of two or more candidates are equal, the transferable papers of the candidate who had the highest recorded votes at the earliest preceding stage at which they had unequal votes, shall be transferred first, and

(b) the votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide between those candidates by lot and the transferable papers of the candidate on whom the lot falls shall be transferred first.

(2) The returning officer shall, on each transfer of transferable papers under rule 49—

(a) record the total transfer value of the votes transferred to each candidate;

(b) add that value to the previous total of votes recorded for each candidate and record the new total;

(c) record as non-transferable votes the difference between the surplus and the total transfer value of transferred votes and add that difference to the previously recorded total of non-transferable votes, and

(d) compare—

(i) the total number of votes then recorded for all of the candidates, together with total number of non-transferable votes, with

(ii) the recorded total of valid first preference votes.

(3) All ballot papers transferred under rule 49 or 51 shall be clearly marked, either individually or as a sub-parcel, so as to indicate the transfer value recorded at that time to each vote on that paper or, as the case may be, all the papers in that sub-parcel.

(4) Where a ballot paper is so marked that it is unclear to the returning officer at any stage of the count under rule 49 or 51 for which candidate the next preference is recorded, the returning officer shall treat any vote on that ballot paper as a non-transferable vote; and votes on a ballot paper shall be so treated where, for example, the names of two or more candidates (whether continuing candidates or not) are so marked that, in the opinion of the returning officer, the same order of preference is indicated or the numerical sequence is broken.

Exclusion of candidates N.I.

51 (1) If—

(a) all transferable papers which under the provisions of rule 49 (including that rule as applied by paragraph (11)) and this rule are required to be transferred, have been transferred, and

(b) subject to rule 52 one or more vacancies remain to be filled,

the returning officer shall exclude from the election at that stage the candidate with the then lowest vote (or, where paragraph (12) applies, the candidates with the then lowest votes).

(2) The returning officer shall sort all the ballot papers on which first preference votes are given for the candidate or candidates excluded under paragraph (1) into two sub-parcels so that they are grouped as—

(a) ballot papers on which a next available preference is given, and

(b) ballot papers on which no such preference is given (thereby including ballot papers on which preferences are given only for candidates who are deemed to be elected or are excluded).

(3) The returning officer shall, in accordance with this rule and rule 50, transfer each sub-parcel of ballot papers referred to in sub-paragraph (a) of paragraph (2) to the candidate for whom the next available preference is given on those papers.

(4) The exclusion of a candidate, or of two or more candidates together, constitutes a further stage of the count.

(5) If, subject to rule 52, one or more vacancies still remain to be filled, the returning officer shall then sort the transferable papers, if any, which had been transferred to any candidate excluded under paragraph (1) into sub-parcels according to their transfer value.

(6) The returning officer shall transfer those papers in the sub-parcel of transferable papers with the highest transfer value to the continuing candidates in accordance with the next available preferences given on those papers (thereby passing over candidates who are deemed to be elected or are excluded).

(7) The vote on each transferable paper transferred under paragraph (6) shall be at the value at which that vote was received by the candidate excluded under paragraph (1).

(8) Any papers on which no next available preferences have been expressed shall be set aside as non-transferable votes.

(9) After the returning officer has completed the transfer of the ballot papers in the sub-parcel of ballot papers with the highest transfer value he shall proceed to transfer in the same way the sub-parcel of ballot papers with the next highest value and so on until he has dealt with each sub-parcel of a candidate excluded under paragraph (1).

(10) The returning officer shall after each stage of the count completed under this rule—

(a) record—

(i) the total value of votes, or

(ii) the total transfer value of votes

transferred to each candidate;

(b) add that total to the previous total of votes recorded for each candidate and record the new total;

(c) record the value of non-transferable votes and add that value to the previous non-transferable votes total, and

(d) compare—

(i) the total number of votes then recorded for each candidate together with the total number of non-transferable votes, with

(ii) the recorded total of valid first preference votes.

(11) If after a transfer of votes under any provision of this rule, a candidate has a surplus, that surplus shall be dealt with in accordance with paragraphs (5) to (10) of rule 49 and rule 50.

(12) Where the total of the votes of the two or more lowest candidates, together with any surpluses not transferred, is less than the number of votes credited to the next lowest candidate, the returning officer shall in one operation exclude such two or more candidates.

(13) If where a candidate has to be excluded under this rule, two or more candidates each have the same number of votes and are lowest—

(a) regard shall be had to the total number of votes credited to those candidates at the earliest stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at that stage shall be excluded; and

(b) where the number of votes credited to those candidates was equal at all stages, the returning officer shall decide between the candidates by lot and the candidate on whom the lot falls shall be excluded.

Filling of last vacancies N.I.

52 (1) Where the number of continuing candidates is equal to the number of vacancies remaining unfilled the continuing candidates shall thereupon be deemed to be elected.

(2) Where only one vacancy remains unfilled and the votes of any one continuing candidate are equal to or greater than the total of votes credited to another or other continuing candidates together with any surplus not transferred, the candidate shall thereupon be deemed to be elected.

(3) Where the last vacancies can be filled under this rule, no further transfer of votes shall be made.

Re-count N.I.

53 (1) The returning officer on completion of each stage of the count shall, before proceeding with the next stage, inform all the candidates and their election agents then present of his intention, subject to a request for a re-count, to proceed to the next stage.

(2) Before the returning officer so proceeds, any candidate or his election agent present at the count may request that a re-count be undertaken of the last completed stage.

(3) If a request is made under paragraph (2), the returning officer shall then proceed to carry out the re-count of the last completed stage, but if no such request is made, he shall proceed with the next subsequent stage of the count.

(4) The returning officer may also, if he thinks fit, re-count ballot papers either once or more often if he is not satisfied as to the accuracy of any stage.

(5) Nothing in this rule shall require the returning officer to re-count the same parcel or sub-parcel more than once.

(6) Where as a result of a re-count an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him.

Ballot papers in wrong box N.I.

[F121 53A (1) The returning officer may make arrangements for—

(a) ballot boxes for the local election to be opened and any ballot papers for the parliamentary election to be taken out;

(b) those ballot papers to be taken into account for the purposes of the parliamentary election;

(c) ballot boxes for the parliamentary election to be opened and any ballot papers for the local election to be taken out;

(d) those ballot papers to be taken into account for the purposes of the local election.

(2) Paragraph (1) applies notwithstanding anything else in these rules or the parliamentary elections rules.

(3) Nothing in these rules or the parliamentary elections rules requires the counting agents to be given facilities for overseeing the proceedings mentioned in paragraph (1)(a) or (c).]

F121 2001 c. 7

Order of election of candidates N.I.

54 (1) The order in which candidates whose votes equal or exceed the quota are deemed to be elected shall be the order in which their respective surpluses were transferred, or would have been transferred but for rule 49(10).

(2) A candidate credited with a number of votes equal to and not greater than the quota shall, for the purposes of this rule, be regarded as having had the smallest surplus at the stage of the count at which he obtained the quota.

(3) Where the surpluses of two or more candidates are equal and are not required to be transferred, regard shall be had to the total number of votes credited to such candidates at the earliest stage of the count at which they had an unequal number of votes and the surplus of the candidate who had the greatest number of votes at that stage shall be deemed to be the largest.

(4) Where the number of votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide between them by lot and the candidate on whom the lot falls shall be deemed to have been elected first.

Decisions of returning officer N.I.

55 The decision of the returning officer, whether expressed or implied, on any question which arises in relation to the exclusion of any candidate under rule 51 or to any ballot paper or transfer of votes shall be final, but may be reviewed on an election petition.

Part V N.I. Final Proceedings in Contested and Uncontested Elections

Declaration of result N.I.

56 (1) In a contested election, when the result of the poll has been ascertained in respect of a district electoral area the returning officer shall forthwith—

(a) declare to be elected the candidates who are deemed to be elected under the rules in Part IV above; and

(b) give public notice of—

(i) the names of the candidates declared to be elected;

(ii) the number of first preference votes for each candidate whether elected or not;

(iii) any transfer of votes;

(iv) the total number of votes for each candidate at each stage of the count at which such transfer took place; and

(v) the order in which the candidates were elected.

(2) In an uncontested election, the statement of persons nominated, in addition to showing the persons standing nominated, shall also declare those persons elected.

Part VI N.I. Disposal of Documents

Sealing up of ballot papers N.I.

57 (1) On the completion of the counting at a contested election the returning officer shall seal up in separate packets the counted and rejected ballot papers.

(2) The returning officer shall not open the sealed packets of tendered ballot papers or of [F122 the completed corresponding number lists, or of] certificates as to employment on duty on the day of the poll, or of marked copies of the register of electors [F123 (including any marked copy notices issued under section 13BA(9) of the 1983 Act)] and lists of proxies.

F122 Words in Sch. 5 rule 57(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 74 (with art. 1(3))

F123 Words in Sch. 5 rule 57(2) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(9); S.I. 2008/1318, art. 2(2)(b)

Forwarding of documents N.I.

58 (1) This rule applies to the following documents—

(a) the packets of ballot papers in the possession of the returning officer,

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c) the tendered votes lists, the lists of [F124 voters with disabilities] assisted by companions, the lists of votes marked by the presiding officer and the related statements, [F125 the lists maintained under rule 39A,] and the declarations made by the companions of [F124 voters with disabilities],

(d) the packets of F126 . . . certificates as to employment on duty on the day of the poll,

[F127 (da) the packets of the completed corresponding number lists,]

(e) the packets containing marked copies of registers [F128 (including any marked copy notices issued under section 13BA(9) of the 1983 Act)] and of lists of proxies.

(2) The returning officer shall endorse on each packet to which this rule applies a description of its contents, the date of the election to which they relate and the name of the district electoral area for which the election was held.

(3) The returning officer shall then forward to the officer of the relevant council who is charged with the duty of looking after them the documents to which this rule applies.

(4) The officer referred to in paragraph (3) is referred to in rules 59 and 60 as the proper officer of the council; and the expression relevant council in paragraph (3) means the council to which the election in question takes place.

F124 SI 2001/417

F125 Words in Sch. 5 rule 58(1)(c) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(10)(a); S.I. 2008/1318, art. 2(2)(b)

F126 Words in Sch. 5 rule 58(1)(d) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 75(a) (with art. 1(3))

F127 Sch. 5 rule 58(1)(da) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 75(b) (with art. 1(3))

F128 Words in Sch. 5 rule 58(1)(e) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(10)(b); S.I. 2008/1318, art. 2(2)(b)

Modifications etc. (not altering text)

C15 Sch. 5 rule 58(1) modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 38(1)

Orders for production of documents N.I.

59 (1) An order for—

(a) the inspection or production of any rejected ballot papers in the custody of the proper officer of the council, or

(b) the opening of a sealed packet of [F129 the completed corresponding number lists or of] certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in his custody,

may be made by the High Court, a county court or an election court if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.

(2) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(c) place and mode of inspection,

(d) production or opening,

as the court making the order may think expedient, but in making and carrying into effect an order for the opening of [F130 a sealed packet of the completed corresponding number lists or of] certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i) that his vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(3) An appeal lies to the High Court from any order of a county court under this rule.

(4) Any power given under this rule—

(a) to the High Court may be exercised by any judge of the court otherwise than in open court; and

(b) to a county court, may be exercised in such manner as may be provided by rules of court.

(5) Where an order is made for the production by the proper officer of the council of any document in his possession relating to any specified election—

(a) the production by him or his agent of the document ordered in such manner as they be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

[F131 (6) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election, and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13BA(9) of the Representation of the People Act 1983) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b).]

(7) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the proper officer of the council or to open any sealed packets of [F132 the completed corresponding number lists or of] certificates.

F129 Words in Sch. 5 rule 59(1)(b) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 76(2) (with art. 1(3))

F130 Words in Sch. 5 rule 59(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 76(3) (with art. 1(3))

F131 Sch. 5 rule 59(6) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 76(4) (with art. 1(3))

F132 Words in Sch. 5 rule 59(7) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 76(5) (with art. 1(3))

Modifications etc. (not altering text)

C16 Sch. 5 rule 59 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 38(2)

C17 Sch. 5 rule 59 applied (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 50(7)(c)(8)

C18 Sch. 5 rule 59(7) modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 38(3)

Retention F133 . . . of documents N.I.

60 (1) The proper officer of the council shall retain for [F134 12] months the documents to which rule 58 applies and then, unless otherwise directed by an order under rule 59, shall cause them to be destroyed.

F135 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133 Words in Sch. 5 rule 60 heading omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 77(2) (with art. 1(3))

F134 Word in Sch. 5 rule 60(1) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 77(3) (with art. 1(3))

F135 Sch. 5 rule 60(2)(3) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 77(4) (with art. 1(3))

Part VII N.I. Death of Candidate

Independent candidate N.I.

[F136 61 (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).]

F136 Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

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

[F137 62. (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

Proceedings	Time
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).

F137 Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Party candidate N.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

Proceeding	Time
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).

F137 Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Abandoned poll N.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.]

F137 Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Modifications etc. (not altering text)

C19 Sch. 5 rule 64(1)-(6) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 40

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.

[F138 Candidate’s surname	Other names in full	Commonly used surname (if any)	Commonly used forenames (if any)	Description (if any)	Home address in full]

F138 Words 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))

Signatures	Electoral 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.

[F139 2A. 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.

F139 Words 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 registerF140 . . . 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.

F140 SI 2001/417

[F141 6. 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.]

F141 Words 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 [F142 18] years and that I am a [F143 qualifying] Commonwealth citizen or[F144 , citizen of the Republic of Ireland or a citizen of another Member State of the European [F145 Union]] and—

F142 Word 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))

F143 Word 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(2)(b) (with art. 1(3))

F144 SI 1995/1948

F145 Word 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.

[F146 My date of birth is [DD/MM/YEAR]]

F146 Words 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.

[F147 I 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.]

F147 Words 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))

[F148 I declare that, if elected, I will not by word or deed express support for or approval of—

F148 1989 c. 3

(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.  F149 Ballot paper (rule 16)

F149 Sch. 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[F150 and words forming part of emblems];

F150 SI 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[F150 and emblems] from the spaces on the left side of the paper where the order of preferences is to be marked [F151 (except where paragraph 3(d) applies in which case each column must be separated by a double vertical rule)];

F151 Words 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, addressesF152 ... 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;

F152 Word 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. 83(b) (with art. 1(3))

[F153 (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;]

F153 Words 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;

F154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154 Sch. 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)

[F150 3A. 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.]

[F155 3B. The number and other unique identifying mark may be printed close to each other on the back of the ballot paper.]

F155 Words 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.

F156 Sch. 5 Appendix of Forms, Forms 4A, 4B inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 84 (with art. 1(3))

5. Declaration of identity(rule 21)

N.I. Front of form

N.I. ELECTION OF DISTRICT COUNCILLORS

N.I. DECLARATION BY VOTER

F157 . . .

F157 Sch. 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.

[F158 Except where the voter is a proxy:

F158 SI 2002/2835

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

F158 SI 2002/2835

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

[F158 Voter'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 ................................................................................

[F159 (WRITE CLEARLY)

F159 SI 1990/595

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

(WRITE CLEARLY)]

F159 SI 1990/595

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

N.I. Back of form

N.I. INSTRUCTIONS TO THE VOTER

F160 Words 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))

[F161 5A. Declaration of identity (combined polls) (rule 21) ( for use when a parliamentary poll is combined with a local poll)]

F161 2001 c. 7

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.

[F162 Except where the voter is a proxy: My date of birth is [DD/MM/YEAR].]

F162 Words 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 Council	OFFICIAL POLL CARD
........................................ District electoral area	Name ............................................................
Polling day ........................................	Number on register ............................................................
Polling hours 7 a.m. to 10 p.m.	Address ................................................................................
	................................................................................
	................................................................................
Your polling station is at
............................................................
............................................................
F163 . . .
IMPORTANT—PLEASE READ NOTES ON BACK OF THIS CARD

F163 Words 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

F164 Words 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.

F165 Sch. 5 Appendix of Forms, Form 7, substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 88 (with art. 1(3))

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

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

F166 . . .

F166 Sch. 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 [F167 , show the back of it to the presiding officer so as to disclose the number and other unique identifying mark] and, F168 . . . , put it into the ballot box.

F167 Words 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))

F168 Sch. 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.

F169 Sch. 5 Appendix of Forms, Forms 8A, 8B inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 90 (with art. 1(3))

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 (F170 ... 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.

F170 Word 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 [F171 voter with disabilities] (rule 36(6))

F171 SI 2001/417

I, A.B. of ........................................, having been requested to assist C.D. (in the case of a[F171 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[F171 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:

[F171 1.] 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.

[F171 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 [F172 disability] , or by his inability to read, as to be unable to vote without assistance.

F172 Sch. 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)