The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Tendered ballot papers

28.—(1) Paragraph (6) applies if any of the situations A to D in this rule exist.

(2) Situation A exists if a person, claiming to be—

(a) a particular elector named on the register and not named in the postal voters list; or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as that elector or as that elector’s proxy.

(3) Situation B exists if—

(a) a person applies for a ballot paper claiming to be a particular elector named on the register;

(b) that person is also named in the postal voters list; and

(c) that person claims—

(i) no application to vote by post at the referendum was made by that person; and

(ii) the person is not an existing postal voter within the meaning of paragraph 2(2) of Schedule 1.

(4) Situation C exists if—

(a) a person applies for a ballot paper claiming to be a particular person named as a proxy in the list of proxies;

(b) that person is also named in the proxy postal voters list; and

(c) that person claims that—

(i) no application to vote by post as proxy was made by that person; and

(ii) the person is not an existing proxy to whom paragraph 6(4) of Schedule 1 applies.

(5) Situation D exists 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) a person claims to be—

(i) a particular elector named on the register who is also named in the postal voters list; or

(ii) a particular person named as proxy in the list of proxies who is also named in the proxy postal voters list; and

(b) that person claims that the person has lost or not received the postal ballot paper.

(6) Where this paragraph applies, the person is entitled in accordance with this rule, on satisfactorily answering the questions permitted by rule 23 to be asked at the poll, to mark a ballot paper (a “tendered ballot paper”) in the same manner as any other voter.

(7) A tendered ballot paper must—

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

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by the presiding officer with the name of the voter and the voter’s number in the register; and

(c) be set aside in a separate packet.

(8) The name and number on the register of every voter whose vote is marked under this rule must be entered on a list (in these Rules referred to as “the tendered votes list”).

(9) In the case of a person voting as proxy for an elector the number to be endorsed or entered on the tendered votes list together with the voter’s name is to be the number of that elector.

(10) In the case of an elector who has an anonymous entry in the register—

(a) in paragraphs (7)(b) and (8), the references to the voter’s name are to be ignored, and

(b) otherwise in this rule, a reference to a person named in the register or list is to be construed as a reference to a person whose number appears in the register or list (as the case may be).

(11) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act—

(a) references in this rule to a person named on the register are to be read as references to a person in respect of whom such a notice has been issued; and

(b) the references in paragraphs (7)(b) and (8) to the voter’s number on the register are to be read as references to the number relating to the voter on the notice.