The Representation of the People (Northern Ireland) Regulations 2008 No. 1741

PART 5 N.I. ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Receipt of Postal Ballot Papers N.I.

Procedure in relation to declarations of identity N.I.

87.—(1) A declaration of identity is a valid declaration of identity for the purposes of this Part of these Regulations if—

(a) it is duly signed by the voter and authenticated by a witness who has signed the declaration F1 ...; and

(b) in the case of an elector, the requirements of rule 45(2)(b) and (2A)(1)) of the elections rules are satisfied.

[F2 (1A) A person must not sign the declaration as a witness under paragraph (1)(a) unless he is—

(a) aged 18 years or over; and

(b) satisfied to the best of his knowledge and belief as to the identity of the voter.]

(2) The returning officer must satisfy himself that the declaration of identity is a valid declaration of identity.

(3) Where the returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper and, subject to paragraph (4), place it in the receptacle for rejected votes.

(4) Before placing the declaration in the receptacle for rejected votes, the returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.

(5) The returning officer shall then examine the number on the declaration of identity against the number on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid declaration of identity is not the same as the number on the ballot paper envelope; or

(b) that envelope has no number on it [F3 and the number is not displayed through a window in it],

the returning officer shall open the envelope.

(7) Paragraph (8) applies where—

(a) there is a valid declaration of identity but no ballot paper envelope; or

(b) the ballot paper envelope has been opened under regulation 86(3) or paragraph (6).

(8) In the circumstances described in paragraph (7), the returning officer shall place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number on the valid declaration of identity;

(b) in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “rejected”;

(c) in the receptacle for rejected votes, any valid declaration of identity marked “rejected” where there is no ballot paper;

(d) in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c).

Textual Amendments

F1 Words in reg. 87(1)(a) omitted (12.2.2015) by virtue of The Parliamentary Elections (Forms) (Northern Ireland) Regulations 2015 (S.I. 2015/221), regs. 1(2), 2(2)(a)

F2 Reg. 87(1A) inserted (12.2.2015) by The Parliamentary Elections (Forms) (Northern Ireland) Regulations 2015 (S.I. 2015/221), regs. 1(2), 2(2)(b)

F3 Words in reg. 87(6)(b) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 9(2)

Modifications etc. (not altering text)

C1 Reg. 87 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 99

(1)

Rule 45(2)(b) was amended by, and paragraph (2A) was inserted by, section 3(4)(c) of the 2002 Act.