Representation of the People Act 1983

37 (1) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

(a) the ballot paper shall be stamped with the official mark;

(b) the number, [F1 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 counterfoil;

(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.

(2) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(3) 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.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland.

Textual Amendments

F1 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 81

Modifications etc. (not altering text)

C7 Sch. 1 rule 37 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

Sch. 1 rule 37 modified (17.2.1994) by S.I. 1994/342, arts. 1(2)(3), 2(2), 16(4)

C8 Sch. 1 rule 37 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 2

Sch. 1 rule 37 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1

37 (1) [F2 Subject to paragraphs (1A) to (1G) below, a] ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

(a) the ballot paper shall be stamped with the official mark;

(b) the number, [F3 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 counterfoil;

(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.

[F4 (1A) A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

(1B) 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 the document raises a reasonable doubt as to whether the voter is the elector or proxy he represents himself to be.

(1C) Where a voter produces a specified document to a presiding officer and he so decides, he shall refuse to deliver a ballot paper to the voter.

(1D) Where a voter produces a specified document to a clerk and he so decides, he shall refer the matter and produce the document to the presiding officer who shall proceed as if the document had been produced to him in the first place.

(1E) For the purposes of this rule a specified document is one which for the time being falls within the following list:—

(a) a current licence to drive a motor vehicle granted under Part III of the M1 Road Traffic Act 1972 (excluding a provisional licence), or under [F5 Article 12] of the M2 Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force;

(b) a current passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland;

(c) a current book for the payment of allowances, benefits or pensions issued by the Department of Health and Social Services for Northern Ireland;

(d) a medical card issued by the Northern Ireland Central Services Agency for the Health and Social Services;

(e) a certified copy, or extract, of an entry of marriage issued by a Registrar General, where the voter producing the copy or extract is a woman married within the period of two years ending with the day of the poll concerned.

[F6 (f) a British seaman’s card issued in accordance with regulations made, or having effect as if made, under section 79 of the Merchant Shipping Act 1995;]

[F7 (g) a card made of plastic on which the name and national insurance number of the person to whom it is issued have been embossed and which has been issued by the Department for Social Development, the Department of Health and Social Security or the Department of Social Security]

[F8 (i) a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002]

In sub-paragraph (e) above “a Registrar General” means the Registrar General for England and Wales, the Registrar General of Births, Deaths and Marriages for Scotland or the Registrar General for Northern Ireland.

(1F) Regulations may make provision varying the list in paragraph (1E) above (whether by adding or deleting documents or varying any description of document).

(1G) References in this rule to producing a document are to producing it for inspection.]

(2) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(3) 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.

Subordinate Legislation Made

P1 Sch. 1 r. 37: for previous exercises of this power, see Index of Government Orders.

P2 Sch. 1 rule 37(1F): s. 53 (with s. 201(1), Sch. 1 r. 37(1F) and Sch. 2 para. 11A) power exercised (N.I.) by S.I.1991/1674.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F2 Words substituted (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 2(3)(a)

F3 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 81

F4 Sch. 1 rule 37(1A)–(1G) inserted (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 1(2)

F5 Words in Sch. 1 rule 37 substituted (N.I.) (16.02.2001) by S.I. 2001/400, regs. 1(1), 14(1)

F6 Sch. 1 rule 37(1E)(f) substituted (N.I.) (16.02.2001) by S.I. 2001/400, regs. 1(1), 14(2)

F7 Sch. 1 rule 37(1E)(g) substituted (N.I.) (16.02.2001) by S.I. 2001/400, regs. 1(1), 14(3)

F8 Sch. 1 rule 37(1E)(i) inserted (N.I.) (7.8.2002) by Representation of the People (Northern Ireland) (Amendment) Regulations 2002 (S.I. 2002/1873), reg. 9, Sch. 1

Modifications etc. (not altering text)

C9 Sch. 1 rule 37 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

Sch. 1 rule 37 modified (17.2.1994) by S.I. 1994/342, arts. 1(2)(3), 2(2), 16(4)

C10 Sch. 1 rule 37 applied (with modifications) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

Sch. 1 rule 37 applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

Sch. 1 rule 37 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1

C11 Sch. 1 rule 37 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 2

Marginal Citations

M1 1972 c.20 (107).

M2 S.I. 1981/154 (N.I. 1)