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

[F5 (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 this Act,

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

(1C) [F6 Where in such a case it is a presiding officer who so decides,] he shall refuse to deliver a ballot paper to the voter.

[F7 (1D) 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.]

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

[F8 (a) a current licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;]

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

(c) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (h) a current electoral identity card issued under section 13C of this Act];

[F11 (i) a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002]

[F12 In sub-paragraph (a) a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988 (excluding a provisional licence), or under Article 12 of the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force.]

(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(1B) substituted (N.I.) (1.12.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 2(3)(a); S.I. 2002/1648, art. 4

F6 Words in Sch. 1 rule 37(1C) substituted (N.I.) (1.12.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 2(3)(b); S.I. 2002/1648, art. 4

F7 Sch. 1 rule 37(1D) substituted (N.I.) (1.12.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 2(3)(c); S.I. 2002/1648, art. 4

F8 Sch. 1 rule 37(1E)(a) substituted (N.I.) (30.4.2003) by The Representation of the People (Northern Ireland) (Variation of Specified Documents) Regulations 2003 (S.I. 2003/1156), reg. 3(1)(2)

F9 Sch. 1 rule 37(1E)(c)-(g) omitted (N.I.) (30.4.2003) by virtue of The Representation of the People (Northern Ireland) (Variation of Specified Documents) Regulations 2003 (S.I. 2003/1156), reg. 3(1)(3)

F10 Sch. 1 rule 37(1E)(h) inserted (N.I.) (1.12.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 4(3); S.I. 2002/1648, art. 4

F11 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

F12 Words in Sch. 1 rule 37(1E) substituted (N.I.) (30.4.2003) by The Representation of the People (Northern Ireland) (Variation of Specified Documents) Regulations 2003 (S.I. 2003/1156), reg. 3(1)(4)

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