The Voter Identification Regulations 2022

Inspection etc. of the completed ballot paper refusal list or signing sheet refusal list E+W+S

32.—(1) This regulation applies where—

(a) a person (“A”) requests a ballot paper or signing sheet (as the case may be) at a relevant election, petition or referendum—

(i) to vote at the election or referendum, or to sign the recall petition as proxy on behalf of another person (“B”), or

(ii) otherwise, to vote at the election or referendum or to sign the recall petition, and

(b) A is refused that ballot paper or signing sheet in accordance with rule 35(3) or 37(1E) of the elections rules (including rule 37(1E) as applied by rule 38, 39 or 40 of the elections rules).

(2) Where conditions 1 to 4 in this regulation are met, the list officer may—

(a) open the sealed packet containing the completed ballot paper refusal list or completed signing sheet refusal list (as the case may be) for that relevant election, petition or referendum,

(b) inspect the list, and

(c) disclose to A, B or the relevant officer (as the case may be) the information relating to A’s refusal.

(3) Condition 1 is that a person requests disclosure of the information relating to A’s refusal from either—

(a) the list officer, or

(b) the relevant officer for the relevant election, petition or referendum, and the relevant officer requests disclosure of that information from the list officer.

(4) Condition 2 is that the request for disclosure is made before the destruction of the completed ballot paper refusal list or completed signing sheet refusal list (as the case may be) in accordance with rule 57(1) of the elections rules.

(5) Condition 3 is that the person requesting disclosure appears to the list officer or the relevant officer to be A or B (as the case may be).

(6) Condition 4 is that A or B (as the case may be) provides to the list officer, or provides to the relevant officer and the relevant officer provides to the list officer, the following—

(a) where paragraph (1)(a)(i) applies, A’s name and address;

(b) where paragraph (1)(a)(ii) applies, A’s electoral number.

(7) The list officer must—

(a) when opening the sealed packet and inspecting the completed ballot paper refusal list or signing sheet refusal list, ensure that no person other than the list officer can see any information contained in the list, and

(b) must re-seal the packet containing the completed ballot paper refusal list or signing sheet refusal list after inspecting the list in accordance with paragraph (2)(b).

(8) Where the list officer discloses the information relating to A’s refusal to the relevant officer in accordance with paragraph (2)(c), the relevant officer—

(a) must disclose that information to A or B (as the case may be), and

(b) must not disclose that information to any other person.

(9) In this regulation—

(a) “electoral number” has the meaning given in rule 40ZB(8) of the elections rules;

(b) the “information relating to A’s refusal” means—

(i) the reason for the refusal to deliver—

(aa) a ballot paper to A, as recorded on the completed ballot paper refusal list in accordance with rule 40ZB(2)(b) or (3)(b) of the elections rules, or

(bb) a signing sheet to A, as recorded on the completed signing sheet refusal list in accordance with regulation 30A(2)(b) or (3)(b) of the 2016 Regulations, and

(ii) any note relating to A which is added to such a list in accordance with rule 40ZB(5) or (6) of the elections rules;

(c) “list officer”—

(i) in respect of a recall petition in England or Wales, means the registration officer described in regulation 44(3)(a) of the 2016 Regulations;

(ii) in respect of a relevant election, petition or referendum in England or Wales other than a recall petition, means the relevant registration officer as defined by rule 55(1A) of the elections rules;

(iii) in respect of a relevant election, petition or referendum in Scotland, means the relevant officer;

(d) “relevant election, petition or referendum” does not include a parliamentary general election to which paragraph 18 of Schedule 1 to the Elections Act 2022 does not apply.

Commencement Information

I1 Reg. 32 in force at 16.1.2023, see reg. 1(3)