SCHEDULES
C5C6C7C8C9C10SCHEDULE 1
Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act
Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5
Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)
Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)
Sch. 1 modified (S.) by S.I. 1986/1111, regs. 2, 95, 96, 98(1)
Sch. 1 modified (10.4.2001) by 2001 c. 7, s. 4, Sch. para. 1
Sch. 1 modified (E.W.) (23.3.2004) by The Representation of People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 8, Sch. 2
Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)
Part III Contested Elections
The Poll
Tendered ballot papers
C1C2C3C440
1
If a person, representing himself to be—
a
a particular elector named on the register and not named in the absent voters list, or
b
a particular person named in the list of proxies as proxy for an elector and not F1 entitled to vote by post as proxy,
applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
F21ZA
Paragraph (1ZC) applies if —
a
a person applies for a ballot paper representing himself to be a particular elector named on the register,
b
he is also named in the postal voters list, and
c
he claims that he did not make an application to vote by post at the election.
1ZB
Paragraph (1ZC) also applies if—
a
a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,
b
he is also named in the proxy postal voters list, and
c
he claims that he did not make an application to vote by post as proxy.
1ZC
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
F31ZD
Paragraph (1ZE) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—
a
a particular elector named on the register and who is also named in the postal voters list, or
b
a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he has lost or has not received his postal ballot paper.
1ZE
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
F41ZF
A person to whom a ballot paper is not delivered under paragraph (3) of rule 35 following his unsatisfactory answer to the question at entry 1(c) in the table in paragraph (1) of that rule shall, if he satisfactorily answers any other questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
F51A
Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a person who seeks to mark a tendered ballot paper under paragraph (1) above as they apply in the case of a voter who applies for a ballot paper under rule 37(1).
1B
Paragraph (1C) below applies where
F6a
under paragraph (3) of rule 35 a ballot paper is not delivered to a person following his unsatisfactory answer to the question in paragraph (1A) of that rule; or
b
a presiding officer refuses to deliver a ballot paper to a person under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38 or 39 of this rule).
1C
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
2
A tendered ballot paper shall—
a
be of a colour differing from the other ballot papers;
b
instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.
3
The name of the voter and his number on the register of electors shall be entered on a list (in these rules referred to as the “tendered votes list”) F7and the voter must sign the list opposite the entry relating to him.
4
In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.
F84A
This rule applies to an elector who has an anonymous entry subject to the following modifications—
a
in paragraphs (2)(b) and (3) the references to the name of the voter must be ignored;
b
otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears on the register or list (as the case may be).
F94B
This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) as if—
a
in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted in respect of whom a notice under section 13B(3B) or (3D) of this Act has been issued;
b
in paragraph (2)(b) for “his number in the register of electors” there were substituted the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act;
c
in paragraph (3) for “his number on the register of electors” there were substituted the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act.
F104C
This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) as if—
a
in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”;
b
in paragraph (2)(b) for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9)”;
c
in paragraph (3) for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9)”.
F115
A person who marks a tendered ballot paper under paragraph (1C) above shall sign the paper, unless it was marked after an application was refused under rule 38 or 39.
6
A paper which is required to be signed under paragraph (5) above and is not so signed shall be void.
Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23