Votes marked by presiding officerU.K.
38.—(1) [F1Subject to paragraph (1A), the] presiding officer, on the application of a voter—
(a)who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or
(b)who declares orally that he or she is unable to read,
must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.
[F2(1A) Paragraphs (1A) to (1M) of rule 37 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if—
(a)references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and
(b)in rule 37(1G), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.]
(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).
(3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.
(4) 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, paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.
Textual Amendments
F1Words in Sch. 1 rule 38(1) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 94(9)(a) (with reg. 1(6)(7))
F2Sch. 1 rule 38(1A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 94(9)(b) (with reg. 1(6)(7))