Representation of the People Act 1985

6 Absent vote at elections for an indefinite period. U.K.

(1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at parliamentary elections, at local government elections or at both for an indefinite period, the registration officer shall grant the application (subject to subsection (6) below) if—

(a) he is satisfied that the applicant is eligible for an absent vote at elections to which the application relates for an indefinite period,

(b) he is satisfied that the applicant is or will be registered in the register for such elections, and

(c) the application meets the prescribed requirements.

(2) For the purposes of this section, a person is eligible for an absent vote at parliamentary or local government elections for an indefinite period—

(a) if he is or will be registered as a service voter,

[F1 (aa) if he is no longer resident at his qualifying address or at any other address in the same area,]

(b) if he cannot reasonably be expected—

(i) to go in person to the polling station allotted or likely to be allotted to him under the appropriate rules, or

(ii) to vote unaided there,

by reason of blindness or other physical incapacity,

(c) if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse, or

(d) if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea,

and is also eligible for an absent vote at parliamentary elections for an indefinite period if he is or will be registered in pursuance of an overseas elector’s declaration.

[F2 (2A) For the purposes of subsection (2)(aa) above, two addresses are in the same area only if—

(a) both addresses are in the same parliamentary constituency in Greater London or in the same parliamentary constituency in a metropolitan county in England,

(b) both addresses are in the same electoral division of a non-metropolitan county in England and, if either address is in a parish, both are in the same parish,

(c) both addresses are in the same electoral division of a county in Wales and in the same community,

(d) both addresses are in the same electoral division in Scotland, or

(e) both addresses are in the same ward in Northern Ireland.]

(3) The registration officer shall keep a record of those whose applications under this section have been granted showing—

(a) whether their applications were in respect of parliamentary elections, local government elections or both,

(b) in the case of those who may vote by post, the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and

(c) in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.

(4) The registration officer shall remove a person from the record kept under subsection (3) above—

(a) if he applies to the registration officer to be removed,

(b) in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered as a service voter or in pursuance of an overseas elector’s declaration, or

(c) if the registration officer gives notice that he has reason to believe there has been a material change of circumstances.

(5) A person shown in the record kept under subsection (3) above as voting by post or, as the case may be, voting by proxy may subsequently alter his choice (subject to subsection (6) below) on an application to the registration officer that meets the prescribed requirements and the registration officer shall amend the record accordingly.

(6) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.

Textual Amendments

F1 S. 6(2)(aa) inserted (prosp.) by Representation of the People Act 1990 (c. 32, SIF 42), s. 1(a)

F2 S. 6(2A) inserted (prosp.) by Representation of the People Act 1990 (c. 32, SIF 42), s. 1(b)

Modifications etc. (not altering text)

C1 S. 6 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

C2 S. 6 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II