The Voter Identification Regulations 2022

Collection of information by the presiding officer

34.—(1) This regulation and regulation 35 apply in relation to—

(a) a parliamentary general election to which rule 40B of Schedule 1 to the 1983 Act applies, and

(b) a local government election, a combined authority mayoral election or a local authority mayoral election to which the Secretary of State’s duty under section 59A(4) of the 1983 Act applies.

(2) For the purposes of rule 40B(2) of the elections rules, the presiding officer must collect the following information—

(a) an indication whether the presiding officer or a clerk explained the voter identification requirements to each voter prior to the voter making an application under rule 37(1) of the elections rules;

(b) the number of voters to whom the presiding officer delivers a ballot paper in each of the following circumstances—

(i) following the production of an anonymous elector’s document by the voter;

(ii) following the production of an electoral identity document or a temporary electoral identity document by the voter;

(c) the number of voters who request the use of a private area of the polling station for the production of a document in accordance with rule 37(1B) of the elections rules;

(d) the number of voters to whom the presiding officer refuses to deliver a ballot paper in accordance with rule 35(3) or 37(1E)(a) or (b) of the elections rules;

(e) the number of voters to whom the presiding officer, having ascertained the elector’s name and address following that voter’s application under rule 37 of the elections rules, is unable to deliver a ballot paper for any of the following reasons—

(i) when asked to produce a specified document, the voter produces a document other than a specified document;

(ii) when asked to produce a specified document, the voter is unable to produce a specified document;

(f) in respect of each of sub-paragraphs (d) and (e), the number of such voters to whom the presiding officer subsequently delivers a ballot paper upon that person making a further application.

(3) In paragraph (2)—

(a) a reference to rule 37 of the elections rules includes a reference to that rule as applied by rule 38, 39 or 40 of the elections rules;

(b) a reference to a presiding officer delivering or refusing to deliver a ballot paper includes a reference to a presiding officer—

(i) causing or refusing to cause a voter’s vote to be marked on a ballot paper in accordance with paragraph (1) of rule 38 of the elections rules (votes marked by presiding officer);

(ii) granting or refusing an application under paragraph (1) of rule 39 of the elections rules (voting by persons with disabilities);

(c) a reference to a further application includes a reference to a person seeking a further time to mark a tendered ballot paper under the paragraph of rule 40 of the elections rules (tendered ballot papers) under which a previous such attempt was made;

(d) the “voter identification requirements” means rule 37(1A) to (1T) of the elections rules.