SCHEDULES

SCHEDULE 1

Part III Contested Elections

General Provisions

Poll to be taken by ballot

18

The votes at the poll shall be given by ballot, the result shall be ascertained by counting the votes given to each candidate and the candidate to whom the majority of votes have been given shall be declared to have been elected.

The ballot papers

19

(1)

The ballot of every voter shall consist of a ballot paper, and the persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.

(2)

Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and—

(a)

shall contain the names and other particulars of the candidates as shown in the statement of persons nominated;

(b)

shall be capable of being folded up;

(c)

shall have a number F1and other unique identifying mark printed on the back;

(d)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2A)

If a candidate who is the subject of a party’s authorisation under rule 6A(1) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(2B)

The request must—

(a)

be made in writing to the returning officer, and

(b)

be received by him during the period for delivery of nomination papers set out in the Table in rule 1.

(3)

The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

F4(4)

The Secretary of State may in regulations—

(a)

prescribe a different form of ballot paper from that in the Appendix;

(b)

amend or replace the directions as to printing the ballot paper in the Appendix;

(c)

in consequence of anything done for the purposes of paragraph (a) or (b), amend or replace the Form of directions for the guidance of the voters in voting in the Appendix.

F5Corresponding number list

19A

(1)

The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).

(2)

The list shall be in such form as the Secretary of State in regulations prescribes.

The official mark

20

F6(1)

Every ballot paper must contain an appropriate security marking (the official mark).

(2)

The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark at elections for the same constituency.

F7(3)

The returning officer may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

21

No person who has voted at the election shall, in any legal proceeding to question the election or return, be required to state for whom he voted.

Use of schools and public rooms

22

(1)

The returning officer may use, free of charge, for the purpose of taking the poll—

(a)

a room in a school to which this rule applies;

(b)

a room the expense of maintaining which is payable out of any rate.

This rule applies—

(i)

in England and Wales, to a school maintained or assisted by a F8local authority F9. . . or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(ii)

in Scotland, to a school other than an independent school within the meaning of the M1Education (Scotland) Act 1980;

(iii)

in Northern Ireland, to a school in receipt of a grant out of moneys appropriated by Measure of the Northern Ireland Assembly.

(2)

The returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll.

F10(3)

The use of a room in an unoccupied house for that purpose does not render a person liable to be rated or to pay any rate for the house.

(4)

In Northern Ireland this rule does not apply to any school adjoining or adjacent to any church or other place of worship nor to any school connected with a nunnery or other religious establishment.