The Representation of the People (Northern Ireland) Regulations 2008

Opening of covering envelopes N.I.

86.—(1) When a postal voters’ ballot box is opened, the returning officer shall count and record the number of covering envelopes, and shall then open each covering envelope separately.

(2) The procedure in regulation 87 applies where a covering envelope contains both—

(a) a declaration of identity; and

(b) a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper.

(3) Where the covering envelope does not contain the declaration of identity separately, the returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.

(4) Where a covering envelope does not contain both—

(a) a declaration of identity (whether separately or not); and

(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper,

the returning officer shall mark the covering envelope “rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

[F1 (5) In carrying out the procedures in this regulation and regulations 87 and 88, the returning officer—

(a) must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b) is not permitted to view the corresponding number list used at the issue of postal ballot papers.

(6) Where a covering envelope opened in accordance with paragraph (1) contains a declaration of identity, the returning officer must place a mark in the marked copy of the absent voters list or list of postal proxies in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(7) A mark made under paragraph (6) must be distinguishable from and must not obscure the mark made under regulation 76(2) (procedure on issue of postal ballot paper).

(8) As soon as practicable after the last covering envelope has been opened, the returning officer must—

(a) make up into a packet the copy of the marked absent voters list and list of postal proxies that has been marked in accordance with paragraph (6), and

(b) seal such a packet.]

Textual Amendments

F1 Reg. 86(5)-(8) inserted (26.3.2024) by The Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/319), regs. 1(2), 7 (with reg. 1(3))

Modifications etc. (not altering text)

C1 Reg. 86 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 98