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Electoral Law Act (Northern Ireland) 1962

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Commencement Orders bringing legislation that affects this Act into force:

  1. Introductory Text

  2. Part II—S.9 rep. by 1968 c.20 (NI); SI 1973/2163. S.10...

  3. Part IIA (ss.10A‐10C) inserted by 1968 c.20 (NI) s.6(1), rep....

  4. PART III LOCAL AUTHORITIES

    1. 11.Election and term of office of members of district councils.

    2. 11A.Procedures for filling casual vacancies: interpretation

    3. 11B.Initial response to vacancy

    4. 11C.Independent members: list of substitutes

    5. 11D.Independent members: filling casual vacancies

    6. 11E.Members for registered parties: filling casual vacancies

    7. 11F.Members for two or more registered parties: filling casual vacancies

    8. 11G.Party or parties no longer registered

    9. 11H.Transitional provision for previously co-opted members

    10. 11J.Transitional provision for elected members

    11. 11K.Unfilled vacancies in a local election year

    12. Ss.12, 13 rep. by SLR 1980

  5. PART IV OFFICERS

    1. [14.Appointment of Chief Electoral Officer.

    2. [14A.Appointment of persons to assist Chief Electoral Officer.

    3. [14B.Travelling and subsistence allowances.

    4. 15.Duties of Chief Electoral Officer.

    5. Ss.16—20 rep. by 1972 NI 13

    6. 21.Expenses of registration.

    7. 22.Remuneration and expenses of returning officer at parliamentary election.

    8. 23.Remuneration and expenses of Chief Electoral Officer and other persons at local election.

    9. 24.Claims against, and taxation of expenses of, returning officer.

    10. 25.Remuneration retainable by officers.

    11. S.26 rep. by 1972 NI 13

    12. 27.Mutual assistance by officers, etc.

  6. PART V REGISTRATION OF ELECTORS AND VOTING

    1. 28.Preparation and publication of registers.

    2. 29.Miscellaneous provisions as to registration and voting.

    3. S. 30 rep. by 1969 c. 26 (NI)

    4. Ss. 31, 32 rep. by 1989 c. 3

    5. S. 33 rep. by 1968 c. 20 (NI)

  7. PART VI THE ELECTION CAMPAIGN

    1. 34.Appointment of election agent.

    2. 35.Sub-agents at parliamentary elections.

    3. 36.Offices of election agent and sub-agent.

    4. 37.Default in appointing election agent.

    5. 37A.Control of donations to candidates at local elections

    6. 38.Making of contracts through election agent.

    7. 39.Payment of expenses through an election agent

    8. 40.Personal expenses of candidate and petty expenses at an election.

    9. 40A.Expenses incurred at a local election otherwise than for election purposes

    10. 41.Prohibition of unauthorised expenses.

    11. 42.Limitation of election expenses

    12. 43.Time for sending in and paying claims.

    13. 44.Disputed claims.

    14. 45.Claim by election agent at an election.

    15. 46.return as to election expenses

    16. 47.Declarations as to expenses at a parliamentary election.

    17. 48.Penalty for sitting or voting after failure to transmit return and declarations.

    18. 49.Authorised excuses for failures as respects return and declarations.

    19. 50.Power of court to require information from election agent or sub-agent.

    20. 51.Publication of summary of return as to election expenses at elections.

    21. 52.Inspection of returns and declarations.

    22. 52A.Meaning of “election expenses” at a local election

    23. 52B.Property, goods, services etc provided free of charge or at a discount

    24. 53.Right to send election address post free.

    25. 54.Rateability of premises unaffected by election meeting thereon.

    26. 55.Duty on and licences for carriages, etc., used at elections.

    27. 56.Rights of creditors.

  8. PART VII CONDUCT OF ELECTIONS

    1. 57.Rules for conduct of elections.

    2. 57A.Returning officers: correction of procedural errors

    3. 58.Saving as respects acts, etc., of officers.

    4. 59.Returning officer not disqualified for voting.

    5. 60.Candidates' deposits.

    6. 61.Return or disposal of deposit.

    7. 62.Plural candidatures prohibited.

    8. 63.Offices of returning officers at parliamentary elections.

    9. 64.Offices of returning officers at local elections.

    10. 65.Polling station schemes.

    11. 66.Voting by post.

    12. 67.Voting by proxy.

    13. S.68 rep. by 1969 c.26 (NI)

  9. Part VIII (ss.69—71) rep. by 1968 c.20 (NI)

  10. PART IX QUESTIONING OF ELECTIONS

    1. 72.Election courts.

    2. 73.Attendance of Director of Public Prosecutions at trial of election petition.

    3. 74.Method of questioning parliamentary election.

    4. 75.Presentation and service of parliamentary election petition.

    5. 76.Time for presentation or amendment of parliamentary election petition.

    6. 77.Conclusion of trial of parliamentary election petition.

    7. 78.Method of questioning local election.

    8. 79.Presentation and service of local election petition.

    9. 80.Time for presentation or amendment of local election petition.

    10. 81.Conclusion of trial of local election petition.

    11. 82.Consequences of avoidance of local election.

    12. 83.Special case for determination of Court of Appeal.

    13. 84.Withdrawal of petition.

    14. Ss. 85‐90 rep. by SI 2001/417

    15. 91.Costs of petition.

    16. 92.Further provision as to costs of petition.

    17. 93.Jurisdiction.

    18. 94.Report as to candidate guilty of a corrupt or illegal practice.

    19. 95.Avoidance of election and incapacity of candidate reported guilty of a corrupt or illegal practice.

    20. 96.Provisions applying to all persons reported personally guilty of a corrupt or illegal practice.

    21. 97.Disciplinary action on report of corrupt practice.

    22. 98.Avoidance of election for general corruption, etc.

    23. 99.Avoidance of election for employing corrupt agent.

    24. 100.Votes to be struck off for corrupt or illegal practices.

    25. 101.Service of notices, etc.

    26. 102.Rules of court.

  11. PART X ELECTORAL MISDEMEANOURS

    1. 103.Electoral misdemeanours.

    2. 104.Giving of leave of absence to employees to record their votes.

    3. 105.Prosecution and trial of electoral misdemeanours.

    4. 106.Prosecution of offences disclosed on election petition.

    5. 107.Power to except innocent act from being illegal practice, payment, employment . . . .

    6. 108.Penalties for corrupt practices.

    7. 109.Penalty for illegal practices.

    8. 110.Compensation where charge of personation is unjustly made or not prosecuted.

    9. 111.Penalties for electoral offences by officers and other persons.

    10. 112.Incapacities resulting from convictions for corrupt or illegal practices.

    11. 113.Mitigation and remission of incapacities.

    12. 114.Corrupt and illegal practices committed by agents.

    13. 115.Prosecutions for offences committed outside Northern Ireland.

    14. 116.Evidence by certificate of holding of elections.

    15. S.117 rep. by 1968 c.10 (NI)

    16. 118.Time limit for prosecutions.

    17. 119.Offences by corporations.

    18. 120.Provisions as to Director of Public Prosecutions.

  12. PART XI MISCELLANEOUS AND GENERAL

    1. S.121 rep. by 1989 c. 3

    2. 122.Effect of incapacities with respect to the Parliament of the United Kingdom.

    3. 122A.Translations etc. of certain documents

    4. 123.Publication of notices and documents.

    5. 124.Misnomer, inaccurate description, etc.

    6. 125.Use of mark in place of signature.

    7. 126.Amendment of forms in Tenth Schedule.

    8. S.126A rep. by 1969 c.26 (NI)

    9. 127.Electoral regulations.

    10. 128.Financial provisions.

    11. 129.Without prejudice to sub-section (4) of section thirty-nine of the...

    12. 130.Interpretation.

    13. 131.Savings.

    14. 132.Short title.

  13. SCHEDULES

    1. Schedule 1 rep. by 1989 c. 3

    2. Schedule 2 rep. by 1968 c.20 (NI); SI 1973/2163

    3. Schedule 3 rep. by 1989 c. 3

    4. SCHEDULE 3A

      CONTROL OF DONATIONS TO CANDIDATES AT A LOCAL ELECTION

      1. Part 1 Introductory

        1. 1.Operation and interpretation of Schedule

        2. 2.Donations: general rules

        3. 3.Sponsorship

        4. 4.Payments etc not to be regarded as donations

        5. 5.Value of donations

      2. Part 2 Controls on donations

        1. 6.Prohibition on accepting donations from impermissible donors

        2. 7.Acceptance or return of donations

        3. 8.Transfer of donations received by candidate to election agent

        4. 9.Evasion of restrictions on donations

      3. Part 3 Reporting of donations

        1. 10.Statement of relevant donations

        2. 11.Donations from permissible donors

        3. 12.Donations from impermissible donors

    5. SCHEDULE 3B

      LOCAL ELECTION: ELECTION EXPENSES

      1. Part 1 List of Matters

        1. 1

        2. Advertising of any nature (whatever the medium used).

        3. Expenses in respect of such advertising include agency fees, design...

        4. 2

        5. Unsolicited material addressed to electors (whether addressed to them by...

        6. Expenses in respect of such material include design costs and...

        7. 3

        8. Transport (by any means) of persons to any place.

        9. Expenses in respect of the transport of such persons include...

        10. 4

        11. Public meetings (of any kind).

        12. Expenses in respect of such meetings include costs incurred in...

        13. 5

        14. The services of an election agent or any other person...

        15. 6

        16. Accommodation and administrative costs.

      2. Part 2 General Exclusions

        1. 7

        2. The publication of any matter, other than an advertisement, relating...

        3. 8

        4. The provision of any facilities provided in pursuance of any...

        5. 9

        6. The provision by an individual (“ A ”) of A's...

        7. 10 (1) Accommodation which is the candidate's sole or main...

        8. 11 (1) Transport by a means of transport which was...

        9. 12 (1) Computing or printing equipment which was acquired by...

    6. Schedule 4 rep. by SLR 1980

    7. SCHEDULE 5

      Local Elections Rules

      1. Part I Provisions as to Time and Interpretation

        1. 1.Timetable

        2. 2.Computation of time

        3. 3.Returning officer

        4. 3A.Forms

      2. Part II Stages Common to Contested and Uncontested Elections

        1. 4.Notice of election

        2. 5.Nomination of candidates

        3. 5A.Nomination papers: name of registered political party

        4. 6.Subscription of nomination paper

        5. 7.Consent to nomination

        6. 8.Place for delivery of nomination papers

        7. 9.Right to attend nomination

        8. 10.Decisions as to validity of nomination papers

        9. 11.Withdrawal of candidates

        10. 12.Publication of nominations

        11. 12A.Correction of minor errors

        12. 13.Adjournment of nomination proceedings in case of riot

        13. 14.Method of election

      3. Part III Contested Elections

        1. 15.Poll to be taken by ballot

        2. 16.The ballot papers

        3. 16A.Corresponding number list

        4. 17.The official mark

        5. 18.Prohibition of disclosure of vote

        6. 19.Use of schools and public rooms

        7. 20.Notice of poll

        8. 21.Postal ballot papers

        9. 22.Provision of polling stations

        10. 23.Appointment of presiding officers and clerks

        11. Rule 24 omitted by SI 1987/168

        12. 25.Issue of official poll cards

        13. 26.Equipment of polling stations

        14. 27.Appointment of polling and counting agents

        15. 28.Notification of requirement of secrecy

        16. 29.Admission to polling station

        17. 30.Keeping of order in station

        18. 31.Sealing of ballot boxes

        19. 32.Questions to be put to voters

        20. 33.Challenge of voter

        21. 34.Voting procedure

        22. 34A.Disclosure of information regarding ballot papers

        23. 35.Votes marked by presiding officer

        24. 36.Voting by persons with disabilities

        25. 37.Tendered ballot papers

        26. 38.Refusal to deliver ballot paper

        27. 39.Spoilt ballot papers

        28. 39A.Correction of errors on day of poll

        29. 40.Adjournment of poll in case of riot

        30. 41.Procedure on close of poll

      4. Part IV Counting of Votes

        1. 42.Interpretation

        2. 43.Place and time for, and manner of, counting of votes

        3. 44.Attendance at counting of votes

        4. 45.Preliminary proceedings and conduct of the count

        5. 46.Rejected ballot papers

        6. 47.First stage

        7. 48.The quota

        8. 49.Transfer of votes

        9. 50.Supplementary provisions on transfer

        10. 51.Exclusion of candidates

        11. 52.Filling of last vacancies

        12. 53.Re-count

        13. 53A.Ballot papers in wrong box

        14. 54.Order of election of candidates

        15. 55.Decisions of returning officer

      5. Part V Final Proceedings in Contested and Uncontested Elections

        1. 56.Declaration of result

      6. Part VI Disposal of Documents

        1. 57.Sealing up of ballot papers

        2. 58.Forwarding of documents

        3. 59.Orders for production of documents

        4. 60.Retention . . . of documents

      7. Part VII Death of Candidate

        1. 61.Independent candidate

        2. 62.Deceased independent candidate’s votes are equal to or exceed the quota

        3. 63.Party candidate

        4. 64.Abandoned poll

        5. APPENDIX OF FORMS

        6. ELECTION OF DISTRICT COUNCILLORS

        7. ELECTION OF DISTRICT COUNCILLORS

          1. a.any organisation that is for the time being a proscribed...

          2. b.acts of terrorism (that is to say, violence for political...

        8. 3.  Ballot paper (rule 16) Form of back of ballot...

          1. 3A.Where an emblem is to be printed against a candidate's...

        9. Front of form

        10. ELECTION OF DISTRICT COUNCILLORS

        11. DECLARATION BY VOTER

          1. Except where the voter is a proxy:

          2. My date of birth is................................................................................

        12. CERTIFICATION BY WITNESS

          1. (WRITE CLEARLY)

          2. (WRITE CLEARLY)

        13. SEE INSTRUCTIONS ON THE BACK OF THIS FORM

        14. Back of form

        15. INSTRUCTIONS TO THE VOTER

        16. Front of form

        17. ELECTION OF DISTRICT COUNCILLORS

        18. DECLARATION OF IDENTITY

        19. Back of form

        20. INSTRUCTIONS TO THE VOTER

        21. Front of card

        22. Back of card

        23. Front of card

        24. DIRECTIONS FOR THE GUIDANCE OF THE VOTER IN VOTING

    8. Schedule 6 rep. by 1968 c. 20 (NI)

    9. SEVENTH SCHEDULE

      PROXIES

      1. PART I [Title rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I]

        1. 1.Appointment of proxies. (1) A registered elector desiring to appoint...

        2. 2.Record of proxies. (1) The electoral officer shall keep in...

        3. 3.Voting by proxies. (1) A person shall not vote as...

      2. Part II rep. by 1968 c.20 (NI)

    10. EIGHTH SCHEDULE

      ELECTION COURTS

      1. Powers of election courts

        1. 1.(1) A parliamentary election court shall, subject to the provisions...

      2. Place of trial

        1. 2.(1) The place of trial— (a) of a parliamentary election...

      3. Reception of and attendance on election judges, etc.

        1. 3.Sub-para.(1) rep. by 1978 c.23 (2) The travelling and other...

      4. Local election courts

        1. 4.(1) The clerk of the local authority for which the...

      5. Shorthand writers

        1. 5.(1) A shorthand writer shall attend the trial of an...

      6. Expenses of local election courts

        1. 6.(1) The remuneration and allowances to be paid to the...

      7. Provisions as to security for costs

        1. 7.(1) At the time of presenting an election petition or...

      8. Petition at issue

        1. 8.(1) The petition shall be at issue as from the...

      9. Lists and trial of election petitions

        1. 9.(1) The prescribed officer shall as soon as may be...

      10. Preliminary and incidental applications

        1. 10.Applications for leave to amend petitions and other applications relating...

      11. Trial of petitions

        1. 11.(1) An election petition shall be tried in open court,...

      12. Witnesses

        1. 12.(1) Witnesses shall be summoned and sworn in the same...

    11. NINTH SCHEDULE

      ELECTORAL MISDEMEANOURS

      1. PART I CORRUPT PRACTICES

        1. 1.Bribery (1) A person shall be guilty of bribery if...

        2. 2.Treating (1) A person shall be guilty of treating if...

        3. 3.Undue influence A person shall be guilty of undue influence—...

        4. 4.Personation (1) A person shall be guilty of personation if...

        5. 4A.Offences relating to applications for postal and proxy votes at a local election

        6. 5.Misdemeanours as to proxy voting Except at a local election...

        7. 5A.False statements in nomination papers, etc.

        8. 6.Making a false declaration as to election expenses A candidate...

        9. 7.Incurring unauthorised expenses A person shall be guilty of incurring...

        10. 8.Attempting or conspiring to commit a corrupt practice A person...

        11. 9.Aiding and abetting the commission of a corrupt practice A...

      2. PART II ILLEGAL PRACTICES

        1. 10.(1) Except at a local election A person shall be...

        2. 11.A person shall be guilty of an illegal practice if—...

        3. 12.(1) Except at a local election A person shall be...

        4. 12A.(1) A person shall be guilty of an illegal practice...

        5. 13.(1) A person who commits an offence under Article 7(2)...

        6. 14.A candidate or an election agent who commits the offence...

        7. 15.A candidate or an election agent who is personally guilty...

        8. 16.If any person fails to send any statement, declaration or...

        9. 17.A person who makes any payment (of whatever nature) in...

        10. 17A.A person who provides any money or other property in...

        11. 18.(1) No payment or contract for payment shall for the...

        12. 19.Any person who, before or during an election, knowingly publishes...

        13. 20.(1) Any person who, or any director of any body...

        14. 21.(1) . . . . . . . . ....

        15. 22.An election agent who pays a claim in contravention of...

        16. 23.A person shall be guilty of an illegal practice if...

      3. PART III ELECTORAL OFFENCES

        1. 24A.A person who makes a statement which he knows to...

        2. 25.(1) If any person upon whom any functions are conferred...

        3. 26.(1) A person shall be guilty of an electoral offence...

        4. 27.(1) A person attending at or admitted to a polling...

        5. 27A.Prohibition on publication of exit polls

        6. 28.Subject to paragraph 14, any person who—

        7. 29.(1) Subject to paragraph 15, a person shall be guilty...

        8. 30.Subject to paragraph 15, if a person is either before,...

        9. Para. 31 rep. by SI 2001/417

        10. 32.If any returning officer at any election, or any officer...

        11. 32A.(1) A person to whom this paragraph applies shall be...

        12. 34.Except at a local election A person shall be guilty...

        13. 35.Any electoral misdemeanour which is not specifically designated in the...

    12. TENTH SCHEDULE

      FORMS

      1. Form 1 rep. by SLR 1980

      2. FORM 2

        1. Form of return of expenses required by section forty-one to be authorised by an election agent.

      3. FORM 3

        1. Form of declaration as to expenses required by section forty-one to be authorised by an election agent.

      4. FORM 4

      5. FORM 5

        1. Form of declaration as to election expenses required by section forty-seven

      6. Form 6 repealed by SLR 1980.

      7. Form 7 repealed by SLR 1980.

      8. Form 8 repealed by SLR 1980.

      9. Form 9 repealed by SLR 1980.

      10. Form 10 repealed by SLR 1980.

      11. Form 11 repealed by SLR 1980.

      12. Form 12 repealed by 1972 NI 13.

      13. Form 13 spent.

      14. Form 14 repealed by 1972 NI 13.

      15. Form 15 spent.

      16. Form 16 spent.

      17. Form 17 spent.

      18. Form 18 repealed by 1968 c.20 (NI)

      19. Form 19 repealed by 1968 c.20 (NI

      20. Form 20 repealed by 1968 c.20 (NI

      21. Form 21 repealed by 1968 c.20 (NI

    13. Eleventh Schedule repealed by SLR 1973

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