The Regional Assembly and Local Government Referendums Order 2004

Lost or undelivered ballot papers

32.—(1) Where a voter—

(a) has not received his ballot pack, or

(b) has received his ballot pack and lost one or more ballot papers or the security statement issued to him,

he may apply in person to the counting officer for a replacement ballot pack, in place of the ballot pack mentioned in sub-paragraphs (a) or (b) (referred to in these Rules as a “lost ballot pack”).

(2) An application shall be made—

(a) not earlier than the third day before the date of the referendum; and

(b) not later than one hour before the close of the poll.

(3) When making an application under this rule a voter shall return to the counting officer any ballot paper and security statement in his possession for the referendum or combined polls (as the case may be), which he has received and not lost.

(4) A voter applying under this rule shall provide evidence to the counting officer of the voter’s identity.

(5) Where on an application under this rule the counting officer is satisfied as to the voter’s identity, he shall issue the voter with a replacement ballot pack.

(6) As soon as practicable after issuing a replacement ballot pack, the counting officer shall—

(a) cancel the lost ballot pack, by recording on the list of ballot numbers issued that the ballot number on the ballot pack (including any documents returned pursuant to paragraph (3)) is no longer valid;

(b) mark upon any documents returned in accordance with paragraph (3) that they are cancelled, place those documents in a separate packet (“the packet of returned lost documents”) and seal the packet; and if on any subsequent occasion documents are returned pursuant to paragraph (3), the sealed packet shall be opened and the additional returned documents included in it and the packet shall be again made up and sealed;

(c) record on the list of ballot numbers issued the ballot number applying to the replacement ballot pack and the name of the voter to which it was issued.

(7) The counting officer shall enter in a list kept for the purpose (“the list of lost ballot papers”) the following information—

(a) the name and number of the elector as stated in the register;

(b) the ballot number of the lost ballot pack;

(c) the ballot number of the replacement ballot pack issued under this rule; and

(d) where the voter in relation to a lost ballot pack is a proxy, his name and address.

(8) Rule 19 shall apply for the delivery to the voter of a replacement ballot pack under paragraph (5), except that the counting officer may instead hand a replacement ballot pack to him.

(9) Where a voter by reason of blindness or physical disability cannot reasonably be expected to attend in person upon the counting officer, the counting officer on receipt of a request shall attend or make arrangements for one of his clerks to attend on the voter at an agreed time and place to enable an application to be made under this rule.

(10) Where an application is made to a clerk under paragraph (9), paragraphs (3) to (5) shall apply as if, for references to the counting officer, there were substituted references to the clerk.