Representation of the People Act 1983

Changes over time for: Cross Heading: Questions to be put to voters

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Point in time view as at 07/02/2024.

Changes to legislation:

Representation of the People Act 1983, Cross Heading: Questions to be put to voters is up to date with all changes known to be in force on or before 03 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Questions to be put to votersU.K.

[F135(1)At the time of the application (but not afterwards), the questions specified in the second column of the following table—U.K.

(a)may be put by the presiding officer to a person who is mentioned in the first column, F2...

(b)shall be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put [F3and]

[F4(c)must be put if—

(i)the person has answered the previous question in the manner indicated, and

(ii)the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:]

Person applying for ballot paper	Questions
1 A person applying as an elector.	[F5(za) At an election held in England and Wales or Scotland, “What is your name?” (zb) At an election held in England and Wales or Scotland, “What is your address?”] (a) “Are you the person registered in the register of parliamentary electors for this election as follows (read out the whole entry from the register)” R (b) “Have you already voted, here or elsewhere, at this election, otherwise than as proxy for some other person” R (c) At an election held in Northern Ireland, “What is your date of birth”
2 A person applying as proxy.	[F5(za) At an election held in England and Wales or Scotland, “What is your name?” (zb) At an election held in England and Wales or Scotland, “What is your address?”] (a) “Are you the person whose name appears as A.B. in the list of proxies for this election (b) “Have you already voted here or elsewhere at this election, as proxy on behalf of C.D.” R as entitled to vote as proxy on behalf of C.D.” R [F6(c) “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of four or more electors?” [R] (d) If the person answers question (c) in the negative: “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of two or more electors?” [R] (e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R] (g) At an election held in Northern Ireland, “What is your date of birth?”.]
3 A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2 above).	[F5(za) At an election held in England and Wales or Scotland, “What is your name?” (zb) At an election held in England and Wales or Scotland, “What is your address?”] (a) “Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)” R (b) “Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)” R [F7(c) “Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of the person whose number on the register of electors is (read out the number from the register)” R] [F7(c) “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of four or more electors?” [R] (d) If the person answers question (c) in the negative: “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of two or more electors?” [R] (e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R] (f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R]]
4 F8...	F8. . .
5 A person applying as an elector in relation to whom there is an entry in the postal voters list.	[F5(za) At an election held in England and Wales or Scotland, “What is your name?” (zb) At an election held in England and Wales or Scotland, “What is your address?”] (a) “Did you apply to vote by post” (b) “Why have you not voted by post”
6 A person applying as proxy who is named in the proxy postal voters list.	[F5(za) At an election held in England and Wales or Scotland, “What is your name?” (zb) At an election held in England and Wales or Scotland, “What is your address?”] (a) “Did you apply to vote by post as proxy” (b) “Why have you not voted by post as proxy”

(2)In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, the references in the questions at entries 1(a) and [F93(a) and (b)] to reading from the register must be taken as references to reading from the notice issued under section 13B(3B) or (3D).

[F10(2A)In the case of an elector in respect of whom a notice has been issued under section 13BA(9), the reference in the question at entry 1(a) to reading from the register must be taken as a reference to reading from the notice issued under section 13BA(9).]

[F11(2B)In the case of an election held in England and Wales or Scotland, where a clerk—

(a)gives a person the required information (see paragraph (5)),

(b)puts a question specified in paragraph (1) to the person, and

(c)decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.]

[F12(3)Where the presiding officer—

(a)gives a person the required information,

(b)puts a question specified in paragraph (1) to the person (whether or not, in the case of an election held in England and Wales or Scotland, following a referral under paragraph (2B)), and

(c)decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person.

In the case of an election held in England and Wales or Scotland, see rule 40ZB (procedure where ballot paper is refused under this paragraph).

(3A)For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a)where one of those questions is put, the answer matches a name or address (as the case may be) in the register of parliamentary electors;

(b)where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B)In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D), the references to the register in paragraph (3A) above are to be read as references to the notice issued under section 13B(3B) or (3D).]

(4)Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote [F13(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote)].

[F14(5)For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a)a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b)giving false information may be an offence.]]

Textual Amendments

F1Sch. 1 rule 35 substituted (1.1.2007 for E.W.S, 1.7.2008 for N.I. for certain purposes) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 74; S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4