SCHEDULE 1
Part III Contested Elections
The Poll
Votes marked by presiding officer
38
(1)
F1Subject to paragraph (1A) below, the presiding officer, on the application of a voter—
(a)
who is incapacitated by blindness or other F2disability from voting in manner directed by these rules, or
(b)
who declares orally that he is unable to read,
shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in manner directed by the voter, and the ballot paper to be placed in the ballot box.
F3(1A)
The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if—
(a)
references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and
(1B)
In paragraph (1A), “the relevant paragraphs of rule 37” means—
(b)
paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.
(2)
The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these rules called “the list of votes marked by the presiding officer”).
In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.
F4(3)
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (2) above applies as if for “on the register of electors of every voter” there were substituted relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D).
F5(4)
In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”.