Elections Act 2022

Commentary on Provisions of Act

Part 1: Administration and Conduct of Elections

Voter Identification, applications for postal and proxy votes, etc.

Section 1 : Voter Identification

102. Section 1 gives effect to Schedule 1 which provides for a new requirement for electors to present photographic identification at polling stations for voting at UK Parliamentary elections in Great Britain, and makes other related provisions.

Schedule 1: Voter Identification

103. Schedule 1 amends the RPA 1983, primarily to introduce new requirements for voter identification for UK Parliamentary elections taking place in Great Britain. Some minor changes to existing voter identification procedure and provisions in Northern Ireland are also included in the Schedule to reflect some of the provisions being introduced for Great Britain or to support existing law.
104. Paragraph 2 inserts new sections 13BD ("Electoral identity document: Great Britain") and 13BE ("Anonymous elector’s document: Great Britain'') into the RPA 1983. New section 13BD(1) creates a new form of identification document which will be an accepted form of identification at a polling station. This document is referred to as a "Voter Card" in the remainder of the commentary on Schedule 1. The Voter Card is available to people who are registered, or have applied to be registered, to vote in parliamentary elections in Great Britain and local government elections in England, and to registered electors who are eligible to vote (or will be once registered) in PCC elections in Wales (or will be once they have reached age 18). This is to reflect the elections where the requirement to show photographic identification will apply as a result of the Act, or as a result of future proposed changes to secondary legislation. Electors will be able to apply for a Voter Card from the Electoral registration officer for any area in which they are registered. They will be able to apply for it at the same time as they apply to be registered to vote.
105. Subsection (3) requires the registration officer to determine an application in accordance with regulations. Subsections (4) to (6) provide further regulation-making powers in relation to the timing for applications, and the issuing and collection of Voter Cards, including power if necessary to amend the parliamentary elections conduct rules (contained in Schedule 1 to the RPA 1983) if collection is to take place at a polling station.
106. Subsection (7) requires the registration officer to issue the Voter Card to the person free of charge. Subsections (8) to (11) create additional regulation-making powers about information to be contained on Voter Cards, others aspects of the form of the Voter Card, including the ability to confer a role in relation to design of the content or the form of the Voter Card on the Electoral Commission, and any period of validity of a Voter Card (which may be used to create temporary versions of Voter Cards).
107. New section 13BE largely mirrors new section 13BD, but for people who are registered as an anonymous elector, so that they may apply for an Anonymous Elector’s Document. Eligibility is otherwise the same as under new section 13BD, and anonymous electors would also be able to apply for an Anonymous Elector’s Document at the same time as they apply for an anonymous entry in the electoral register. The provisions of new section 13BE are essentially the same as those governing section 13BD except that the Anonymous Elector’s Document must contain the person’s electoral number rather than their name.
108. Given that the Anonymous Elector’s Document will need to contain the person’s electoral number, which is subject to change, subsection (12) creates an additional regulation-making power which can be used to authorise or require a reminder to be sent to an anonymous elector about the need to obtain an anonymous elector’s document, and to require a registration officer to issue the holder of an Anonymous Elector’s Document with a new document in prescribed circumstances, for example where the officer has renumbered their register and allocated a new number to that anonymous elector.
109. Paragraph 3 amends section 13C of the RPA 1983 under which electoral identity cards are already issued in Northern Ireland. It inserts new subsections (3A) and (3B) to mirror some regulation-making powers which are in section 13BD for Great Britain. New subsection (3A) provides that regulations can make provision about issue and collection of electoral identity cards. New subsection (3B) provides that amendments can be made to Schedule 1 to the RPA 1983 if that is necessary due to making regulations about collection from a polling station. New subsection (4A) enables regulations to be made about the information to be included on a card, and the form of the card. Currently the Chief Electoral Officer determines these points.
110. Paragraph 4 amends section 13CZA (provision of false information: application for electoral identity card) of the RPA 1983, which currently only applies to Northern Ireland but is widened to extend to the whole of the UK by paragraph 38 of this Schedule, and therefore to applications for voter cards and Anonymous Elector’s Document in Great Britain.
111. Paragraph 4(3) substitutes new subsections (5) and (6) to include the penalties if the offence is committed in England, Wales or Scotland. A person is liable on summary conviction in England and Wales to a maximum imprisonment of 51 weeks (but subject to the rule in subsection (6)) or a fine, or both, on summary conviction in Scotland to imprisonment for a maximum of 12 months, or a fine not exceeding the statutory maximum (or both). In Northern Ireland the penalty remains imprisonment for a maximum of 6 months, or a fine not exceeding level 5 on the standard scale (or both).
112. Paragraph 5 amends section 56 of the RPA 1983 to expand the existing types of registration decision that can be appealed in England and Wales, so that an appeal can also be made against an ERO’s refusal of an application for a Voter Card or an Anonymous Elector’s Document. This change also applies to ERO decisions in Scotland by virtue of section 57. Paragraph 6 makes the same change to section 58 to enable an appeal against the Chief Electoral Officer’s refusal of an application for an electoral identity card in Northern Ireland.
113. Paragraph 7 inserts a new section 59A into the RPA 1983. It introduces a requirement for the Secretary of State to prepare and publish evaluations regarding the effect of voter identification requirements on electors applying for ballot papers.
114. Subsection (2) specifies that these evaluations should take place following the first two UK Parliamentary general elections taking place after section 59A comes into force. Under subsections (3) to (5), if corresponding requirements about the production of identification at polling stations are introduced for local government elections (which would be through secondary legislation), the requirement to publish an evaluation would also apply to the first ‘stand-alone’ set of local council elections (but not a by-election).
115. Subsection (6) requires that any data collected under new rule 40B in Schedule 1 to the RPA 1983 (or under a corresponding provision for local council elections) is taken into account when preparing the evaluations). Under rule 40B, the data collected is to be prescribed in regulations but is likely to be the types of identification document presented by people, and whether they are refused a ballot paper and if so, the reasons for that.
116. Paragraph 8 amends section 61 (other voting offences) of the RPA 1983 under which it is an offence to vote more than once. Under subsection (6), applying for a ballot paper is treated as having voted. The amendment inserts a new subsection (6ZA) and (6ZB) which ensure that an elector would not be treated as having committed any offence related to trying to obtain multiple ballots simply because they made permitted further applications for a ballot paper, where the previous application(s) were refused under rule 37 of the Parliamentary elections rules (see below) on the grounds that they did not show an accepted form of identification.
117. Paragraph 9 extends section 66B (failure to comply with conditions relating to supply etc of certain documents) of the RPA 1983. Section 66B makes it an offence to breach rules set out in regulations which restrict inspection or disclosure of important electoral documentation. The amendment means this offence would also apply in respect of a breach of similar regulations under the new rule 19B (inserted by the Act) which will set out conditions for inspection or disclosure of the date of birth list or new rule 56A (also inserted by the Act) which will set out the conditions for inspection or disclosure of the ballot paper refusal list.
118. Paragraphs 11 to 33 amend the rules for the conduct of UK Parliamentary elections, which are set out in Schedule 1 to the RPA 1983, to introduce voter identification in Great Britain, and make connected changes, including to existing rules for Northern Ireland.
119. Paragraph 11 inserts new rule 19B (date of birth lists for polling stations in Northern Ireland) into Schedule 1 to the RPA 1983 in respect of Northern Ireland only. Rule 19B places a duty upon the Chief Electoral Officer to provide date of birth lists for each polling station in Northern Ireland. The date of birth lists must contain the date of birth for each voter allotted to the polling station, and each person voting as proxy at that polling station. This is for the purpose of enabling polling station staff to carry out their duty to check on a voter’s or proxy’s date of birth as provided for under rule 37(1B)(a)(ii) of Schedule 1 to the RPA 1983 (as inserted by paragraph 17(4)) where the apparent age of the voter compared to the date supplied by the voter when they registered to vote (or were appointed as a proxy, in the case of a proxy registered to vote in Great Britain) raises a reasonable doubt as to whether the voter is the elector or proxy they represent themself to be.
120. Under new rule 19B(1) the Chief Electoral Officer must provide to each polling station a list containing the date of birth (supplied by the elector when they registered to vote) for all electors allotted to vote at that polling station. The Chief Electoral Officer must also provide a list containing the dates of birth supplied at registration of all proxies voting on behalf of electors allotted to that polling station. Under rule 19B(2) where the proxy is on a register in Great Britain the list should contain the date of birth of the proxy provided on the application for a proxy vote. Where the proxy is registered in both Northern Ireland and Great Britain the list should contain the date of birth provided when they registered to vote in Northern Ireland. Rule 19B(3) provides that these lists should contain sufficient information to allow the staff at a polling station to carry out the checks when required.
121. Rule 19B(4) and (5) prohibit the Chief Electoral Officer, any person to whom the Chief Electoral Officer has delegated functions, the presiding officer, clerk or other officer appointed to work at the polling station from allowing date of birth lists to be inspected, supplying the lists to another person, or making use of the information contained within the lists, otherwise than in accordance with the rules (including any regulations made under paragraph (6) of rule 19B).
122. Rule 19B(6) to (9) provide that regulations may make provision in relation to inspection or disclosure of the date of birth lists. Rule 19B(6)(a) and (b) provide that regulations may be made enabling inspection of the lists by prescribed persons and authorising or requiring prescribed persons to supply a copy of the lists to persons prescribed.
123. Rule 19B(6)(c) provides that the regulations may make provision in relation to the payment of a fee in respect of inspecting the list or the supply of the list. Any fee will be limited and the amount set in the regulations.
124. Rule 19B(7) provides that regulations made under paragraph (6)(a) or (b) may impose conditions in relation to the inspection of a list, supply of a copy of a list or the purposes for which information contained in the date of birth list can be used following inspection or supply.
125. Rule 19B(8) provides that the conditions that may be imposed under paragraph (7)(b) in relation to supply of a copy of a list include conditions relating to the extent to which a person who has received a copy of the list may supply the copy to another person, disclose to another person information in the list or use any such information other than the purpose for which it was supplied.
126. Rule 19B(9) ensures that regulations made under paragraph (6) may also impose conditions on the supply, disclosure or use of information in the lists mirroring any conditions made in paragraph (8) on any person who has received a copy of the list or had information disclosed to them from the list under paragraph (8).
127. Paragraph 12 amends rule 25 (provision of polling stations) of Schedule 1 RPA 1983 to provide that every polling station must have an area for an elector to have their identification viewed in private.
128. Paragraph 13 amends rule 26 (appointment of Presiding Officers and clerks). Rule 26(3) enables clerks to act for the Presiding Officer, but paragraph 13(2) amends this to ensure that is not the case for refusing to issue a ballot paper in line with the procedures set out in rule 35(3) (failure to answer a statutory question satisfactorily) or rule 37 (failure to show satisfactory identification), or for resolving doubts about a person’s identity. The effect of this provision means that only the Presiding Officer can do this.
129. Paragraph 14 adds a new paragraph (3ZA) into rule 28 (issue of official poll cards) of Schedule 1. New paragraph (3ZA) sets out that poll cards issued to electors and proxy voters who vote at a polling station (as opposed to postal voters) in England, Scotland and Wales must include the list of types of identification which are acceptable to enable an elector to vote. This will differ for electors who are registered anonymously, as they will only be able to use their poll card and an Anonymous Elector’s Document together.
130. Paragraph 15 amends rule 29 (equipment of polling stations). It inserts a new sub-paragraph into paragraph (3) for elections in Northern Ireland requiring a Returning Officer to provide each polling station with the date of birth lists prepared under Rule 19B.
131. Paragraph 15 also amends rule 29 to require additional equipment to be provided to every polling station in England, Scotland and Wales. These are:
     1. under new paragraph (3ZA), a ballot paper refusal list in the prescribed form. This document, required by new rule 40ZB, will be used to record cases where an elector has been refused a ballot paper.
     2. under new paragraph (4A), a large notice to be displayed in each polling station with information about the types of identification that are accepted (again noting that this will differ for anonymous electors), and telling people that further evidence may be needed to resolve any discrepancy between the name on the electoral register and the name on a person’s identification document.
132. Paragraph 16 amends rule 35 (questions to be put to voters) of Schedule 1 to the RPA 1983. Paragraph 16(2) inserts two new statutory questions that can be asked of a person seeking to obtain a ballot paper in England, Wales or Scotland. These are likely to be asked where there is a question about whether the person is who they claim to be. These questions are (za) ‘What is your name?" and (zb)" What is your address"? If a clerk asks these questions to a person and they do not answer them satisfactorily, they must refer the matter to the Presiding Officer.
133. These new statutory questions will be discretionary for clerks or Presiding Officers to use; there is no mandatory use of the questions. However, where the elector answers the question unsatisfactorily to the Presiding Officer, having been given the ‘required information’ (see paragraph (5) of rule 35, inserted by paragraph 16(6)), they will be refused a ballot paper. Where the questions are asked, answering them satisfactorily is additional to, and not instead of, the requirement to show a valid piece of identification (under rule 37).
134. Paragraph 17 amends rule 37 (voting procedure) of Schedule 1 to the RPA 1983, as it applies to Northern Ireland. Paragraph 17(2) amends the heading of that rule to read "Voting procedure and voter identification requirements: Northern Ireland".
135. Paragraph 17(3) inserts a new paragraph (1AA) into rule 37 as it applies to Northern Ireland, which provides that at the voter’s request, the polling station staff must arrange for the voter to have their identification viewed in private. The polling station staff must ensure that no other person can see the voter’s identification, except for any person permitted by the voter.
136. Paragraph 17(4) amends paragraph (1B) in rule 37 as it applies to Northern Ireland, such that an officer or clerk must deliver a ballot paper to an elector unless:
     1. they believe that the voter’s age could not plausibly match that which is provided on their identification (this is already a requirement),
     2. they believe that the voter’s age does not plausibly match the date of birth supplied under a relevant provision ("relevant provision" is defined in new paragraph (1DC) of rule 37, which is inserted by paragraph 17(7) of Schedule 1 (see paragraph 140 below)). In the case of an elector or proxy registered to vote in Northern Ireland, this is the date of birth supplied when the voter registered to vote. In the case of proxies registered to vote in Great Britain, this is the date of birth supplied when the person was appointed as a proxy. (This is already a requirement for electors but is a new requirement for proxies),
     3. they have a reasonable suspicion that the identification is forged (this is a new requirement).
137. Paragraph 17(5) specifically adds the language of "reasonable suspicion" of a forged document to paragraph (1C), allowing the Presiding Officer to refuse to give an elector a ballot paper in those circumstances. Paragraph 17(6) makes a similar change to paragraph (1D), so that a polling clerk can refuse to issue a ballot paper to an elector where the clerk has a reasonable suspicion that their identification document is forged (as well as on existing grounds), in which case they must refer the matter to the Presiding Officer.
138. Paragraph 17(7) inserts a new paragraph (1DA) which ensures that electors in Northern Ireland who have changed their name on their form of identification but not on the electoral register may provide additional proof of their identification to resolve this discrepancy, and will then still be able to obtain a ballot paper as long as the Presiding Officer has no other reason to doubt that the elector is who they claim to be. Paragraph 17(7) also inserts new paragraph (1DB). If the Presiding Officer refuses to deliver a ballot paper to a voter because they have reasonable doubt that the voter is who they say they are, the voter can make further applications, and paragraphs (1A) to (1DA) apply again.
139. Paragraph 17(7) also inserts new paragraph 1(DC) which defines the term "relevant provision" for the purposes of rule 37(1B).
140. Paragraph 17(8) and 17(9) amends paragraph (1E), to make clear that the identification documents should be accepted in any format that they are issued in and regardless of any expiry date, and adds a new paragraph (1EA) which defines a forged document as one that is a false document made to resemble a real document. Paragraph 17(8) also adds two new documents that may be produced as identification in Northern Ireland and clarifies the names of existing documents.
141. Paragraph 17(10) inserts a new paragraph (1FA), ensuring that no other person may inspect an elector’s identity document except with the permission of the elector.
142. Paragraph 18 amends rule 37 (voting procedure) of Schedule 1 to the RPA 1983, as it applies to England, Wales and Scotland. Paragraph 18(2) amends the heading of that to read "Voting procedure and voter identification requirements: Great Britain".
143. Paragraph 18(3)(a) amends rule 37(1) to provide that a ballot paper must be delivered to a voter who applies for one, subject to the new paragraphs (1A) to (1P) of rule 37, which set out the requirement to produce identification, and also to rule 35 (relating to satisfactorily answering certain questions). Paragraph 18(3)(b) removes rule 37(1)(a), the provision which previously required the number and name of the elector to be called out when an elector was applying for a ballot paper.
144. Paragraph 18(4) inserts new paragraphs (1A) to (1T) into rule 37. The effect of these provisions is as follows:
     1. (1A) states that a ballot paper can only be issued to a voter if the voter has shown a ‘specified document’ (defined by paragraphs (1H) to (1K)).
     2. (1B) requires that, at the voter’s request, the polling station staff must arrange for the elector to have their identification viewed in private in England, Wales and Scotland and ensure that no other person can see the voter’s identification, except for any person permitted by the voter.
     3. (1C) and (1D) outline that, where an elector produces a document to the clerk and the clerk decides that the document raises a reasonable doubt as to whether the elector is who they claim to be or that the document presented by the elector is forged (as defined in paragraph (1J), then the clerk must refer the matter to the Presiding Officer (without delivering a ballot paper). The Presiding Officer must proceed as if the documentation was presented to them in the first place (i.e., they must evaluate the document without considering that the clerk referred the matter to them). This ensures that only the Presiding Officer can refuse to issue a ballot paper.
     4. (1E) requires the Presiding Officer to refuse to deliver a ballot paper to the elector if they have a reasonable suspicion over the identity of the elector raised by their identification document or believe their documentation is forged. (1F) provides an exception where the elector provides the Presiding Officer with additional evidence to explain why their name on their identification does not match the name on the register (for example a document showing a change in name after the elector getting married or changing their name for another reason).
     5. (1G) allows that, if the Presiding Officer refuses to deliver a ballot paper to a voter under paragraph (1E), the voter can make further applications, and paragraphs (1A) to (1F) apply again each time.
     6. (1H) lists the acceptable types of identification that a voter (other than an anonymous elector) may produce, and specifies that all of them must contain the voter’s photograph. Paragraph (1I) defines a "United Kingdom passport" and paragraph (1J) sets out a table of all the "relevant concessionary travel pass[es]" which are acceptable identification.
     7. (1K) (along with 1L) sets out that for electors with an anonymous entry in the electoral register, only an anonymous elector’s document issued under section 13BE is a ‘specified document’. This is because other forms of identification will contain their name, but will not contain other information necessary to enable their identity to be properly checked at the polling station. In addition, the anonymous elector’s document must (a) have been issued by the appropriate registration officer (namely, the one for the constituency in which the election is being held, or one such officer if there is more than one), and (b) contain the elector’s current electoral number. This is because an anonymous elector needs to be checked at the polling station against their polling card (which contains their current electoral number, as defined in (1L)) and the electoral register.
     8. (1M) ensures that a specified document includes one which has passed any expiry date (though the photograph on the document would still need to be a good likeness or it may raise a doubt as to whether the voter is who they claim to be – see (1E)). This means that documents such as passports which have an expiry date may continue to be acceptable identification for voting purposes after that date has passed. An exception is provided by (1N) for any Voter Card or anonymous elector’s document which was issued only to be used on the day of a certain poll or polls.
     9. (1Q) confers power to amend the list of ‘specified documents’ in (1H) to (1J), including the list of types of concessionary travel pass and the description of "United Kingdom passport", by regulations. The Voter Card may not be removed from the list.
     10. (1R) states that the power to remove a specified document from the list can only be exercised if the Electoral Commission has recommended this (the Commission could recommend this of their own accord, or the Government could request they consider a proposed change).
     11. (1S) states that only the Presiding Officer or clerk may inspect an identification produced by a voter, except as permitted by the elector, and (1T) outlines that ‘producing a document’ in rule 37 means producing a type of identification for inspection by the polling station staff.
145. Paragraph 18(5) amends paragraph (2) of rule 37 which sets out the existing voting procedure for anonymous electors. It removes the requirement for the elector’s electoral registration number to be called out (in line with the removal of rule 37(1)(a). Anonymous electors will still be required to show their official poll card.
146. Paragraph 18(6) removes rule 37(3)(a) as a consequence of removing rule 37(1)(a).
147. Paragraph 19 amends rule 38 (votes marked by Presiding Officer) of Schedule 1 to the RPA 1983. Rule 38 allows voters who are blind or have another disability or who are unable to read, to have their ballot paper marked by the Presiding Officer. Rule 38(1A) is substituted with new paragraphs (1A) and (1B). New paragraphs (1A) and (1B) provide that the relevant provisions of the voter identification requirements which apply in England, Wales and Scotland, and those which apply in Northern Ireland, also apply to voters in England, Wales and Scotland, and to voters in Northern Ireland respectively, who apply to have the Presiding Officer mark their vote under rule 38. If the voter cannot provide the required form of identification then the companion will be unable to mark the voter’s ballot paper on their behalf.
148. Paragraph 20 amends rule 39 (voting by persons with disabilities) of Schedule 1 to the RPA 1983. Rule 39 allows voters who are blind or have another disability or who are unable to read, to apply to be assisted by a companion when they vote. Rule 39(2A) is substituted with new paragraphs (2A) and (2B). New paragraph (2A) and (2B) provide that the relevant provisions of the voter identification requirements which apply in England, Wales and Scotland, and those which apply in Northern Ireland, also apply to voters in England, Wales and Scotland, and to voters in Northern Ireland respectively where a voter wishes to vote with assistance from a companion. If the voter cannot provide the required form of identification then the Presiding Officer will not grant their application.
149. Paragraph 21 amends rule 40 (tendered ballot papers) of Schedule 1 to the RPA 1983. Rule 40 makes provision for the issuing of tendered ballot papers in a number of circumstances. Rule 40(1A) is substituted with new paragraphs (1A) to (1AB). These new paragraphs apply the relevant provisions of the voter identification requirements which apply in England, Wales and Scotland, and those which apply in Northern Ireland to voters in England, Wales and Scotland, and to voters in Northern Ireland respectively where a voter seeks to mark a tendered ballot paper; if the voter cannot provide the required form of identification then they will be unable to mark a tendered ballot paper.
150. Paragraph 22 inserts new rule 40ZB, entitled "Refusal to deliver ballot paper: Great Britain", into Schedule 1 to the RPA 1983. Rule 40ZB(1) to (3) require the ballot paper refusal list to be completed by the Presiding Officer or clerk at an election in England, Wales and Scotland, where a Presiding Officer refuses to deliver a ballot paper either as a consequence of failure of the voter applying as an elector, or as proxy, to answer a question put to them under rule 35 satisfactorily, or as a consequence of the voter’s identification raising a reasonable doubt that the voter is who they say they are. The ballot paper refusal list must include the voter’s electoral number or the name and address of the person for whom the voter applied as proxy, and the reason why a ballot paper was refused.
151. Rule 40ZB(4) to (6) deals with where a voter is refused a ballot paper and makes a further application. Rule 40ZB(5) and (6) provides that the Presiding Officer or clerk must record that further application and the outcome on the ballot paper refusal form.
152. New rule 40ZB(7) requires that if the ballot paper is refused to the voter, the refusal must be recorded on the ballot paper refusal list as soon as practicable. If the ballot paper is delivered on a further application, this must be recorded on the ballot paper refusal list as soon as practicable after the delivery of the ballot paper to the voter.
153. New rule 40ZB(8) defines electoral number for the purposes of completion of the ballot paper refusal list.
154. New rule 40ZB(9) provides that a decision to refuse to deliver a ballot paper is final, subject to new rule 37(1G) of the RPA 1983 which allows a voter to make further applications if a ballot paper is refused to them by a Presiding Officer, and rule 40ZB(10) which provides that a decision to refuse a ballot paper is subject to review on an election petition.
155. New rule 40ZB(11) explains that reference to a refusal of a ballot paper under rule 37(1D) also includes reference to a refusal of a ballot paper under rule 38, 39, or 40.
156. Paragraph 23 amends the heading of existing rule 40A of Schedule 1 to the RPA 1983 to read "Refusal to deliver ballot papers: Northern Ireland'', and amends that rule to clarify that after a ballot paper has been refused, further attempts are permitted under rule 37.
157. Paragraph 24 inserts new rule 40B which sets out new rules regarding collection and disclosure of information relating to the operation of rule 37:
     1. 40B(1) states that the rules apply to elections in England, Scotland and Wales if regulations provide for that to be the case.
     2. 40B(2) states the Presiding Officer must collect information (which will be set out in regulations) about applications for ballot papers under rules 37, 38, 39 and 40 and provide this information to the Returning Officer.
     3. 40B(3) states that a Returning Office in England or Wales must pass on the information to the relevant registration officer. In Scotland, the information remains with the Returning Officer (sub-paragraph (4)).
     4. 40B(5) requires the information to be anonymised, and then collated by the registration officer (or Returning Office in Scotland). The way it is to be collated will be set out in regulations.
     5. 40B(6) requires the registration officer (or Returning Officer in Scotland) to pass the anonymised information to the Secretary of State and on request to the Electoral Commission.
     6. 40B(7) the registration officer or Returning Officer should not disclose information other than in ways specifically outlined in the Act.
     7. 40B(8) the data collected under these measures should be retained for a period of ten years in the anonymised form.
     8. 40B(10) to 40B(11) outlines that providing this information doesn’t breach any duty of confidence that registration officers, Returning Officers and Presiding Officers are under, and any other restrictions on disclosing data, but that disclosures in breach of the data protection legislation (as defined by the Data Protection Act 2018 section 3(9)) are not permitted.
     9. 40B(12) defines the relevant registration officer for the purposes of data collection as the registration officer of the relevant local authority that the constituency sits in or the registration officer of the local authority with the largest share of electors of the constituency.
158. Paragraph 25 adds a new paragraph (1)(db) to rule 43 (procedure on close of poll) of Schedule 1 to the RPA 1983. This requires that after the close of poll, the Presiding Officer must put the ballot paper refusal list in a separate, sealed packet and deliver it to the Returning Officer.
159. Paragraph 25 also adds a new paragraph (1)(dc) to rule 43 (procedure on close of poll) for parliamentary elections in Northern Ireland. This requires that after the close of poll the Presiding Officer must put the dates of birth lists in a separate, sealed packet and deliver it to the Returning Officer.
160. Paragraph 26 inserts new rule 53B (destruction of date of birth lists: Northern Ireland) into Schedule 1 to the RPA 1983. This rule requires the Chief Electoral Officer to destroy the date of birth lists on the next working day following the 21st day after the member has been returned or if an election petition is presented before that time then on the next working day following the conclusion of proceedings or appeal.
161. Paragraph 27 adds new paragraph (2)(ba) to rule 54 (sealing up of ballot papers) of Schedule 1 to the RPA 1983. The provision requires that the Returning Officer shall not open the sealed packets of the ballot paper refusal list.
162. Paragraph 28 adds a new paragraph (1)(cb) to rule 55 (delivery of documents to registration officer) of Schedule 1 to the RPA 1983. As a result, the Returning Officer must send the completed ballot paper refusal list to the registration officer.
163. Paragraph 29 adds a new paragraph (1A) into rule 56 (orders for production of documents) of Schedule 1 to the RPA 1983. New paragraph (1A) provides for the opening of the sealed packet containing the ballot paper refusal list or for the inspection or production of that list by court order if the relevant court is satisfied by evidence on oath that the order is required for the purpose of an election petition relating to an election in England and Wales or Scotland.
164. Paragraph 30 inserts a new rule 56A, entitled "Inspection of ballot paper refusal list: Great Britain", into Schedule 1 to the RPA 1983. New rule 56A(1) and (2) provide that further provisions regarding the circumstances in which a registration officer may be authorised to view the ballot paper refusal list after it has been sealed may be set out in regulations. New rule 56(A)(3) provides that further provisions regarding the disclosure of information contained in the ballot paper refusal list by a registration officer may be set out in regulations.
165. Paragraph 31 adds a new paragraph (2)(ba) into rule 57 (retention and public inspection of documents) of Schedule 1 to the RPA 1983, which provides that the completed ballot paper refusal list for elections held in England, Wales or Scotland will not be open for public inspection.
166. Paragraph 32 adds a new paragraph (2)(ba) into rule 58 (disposal of documents in Scotland), which applies rules 55 to 57 to UK Parliamentary elections in Scotland, to make clear that where rule 56A applies to Scotland, references to the registration officer are to be read as references to the Returning Officer.
167. Paragraph 33 amends the Appendix of Forms. Paragraph 33(2) inserts a new paragraph 1 before the existing paragraph 1 in the form of directions for the guidance of the voters in voting. New paragraph 1 sets out that voters will be required to show an approved form of identification before being given a ballot paper. Paragraph 33(3) renumbers the existing paragraphs.
168. Currently only Northern Ireland has voter identification requirements. Paragraphs 34 to 39 extend a number of voter identification provisions which currently extend only to Northern Ireland so that they extend to England and Wales and to Scotland as well, and make consequential amendments as a result of those extensions.
169. Paragraph 40 repeals section 2(2) of the Elections (Northern Ireland) Act 1985, because this has been superseded by paragraph 13(2) of this Schedule - an amendment to rule 26(3).

Online Absent Voting Applications

Section 2: Power to make regulations about registration, absent voting and other matters

170. Section 2 gives effect to Schedule 2 which makes provision about electoral registration applications, absent vote applications (postal and proxy), as well as applications for other documents related to elections.

Schedule 2: Power to make regulations about registration, absent voting and other matters

171. Paragraphs 1 to 11 of Schedule 2 make amendments to the RPA 1983.
172. Paragraph 1 amends section 53 RPA 1983 which concerns the power to make regulations related to electoral registration and voting by post or by proxy. The amendment amends subsection (1) to insert new paragraph (ba). New paragraph (ba) expands the scope of section 53(1) to allow provisions to be made by regulations with respect to applications under sections 13BD, 13BE and 13C RPA 1983 and documents or cards issued under any of those sections (i.e., electoral identity documents, anonymous electors’ documents and electoral identity cards).
173. Paragraph 2 provides that Schedule 2 to RPA 1983 is amended in accordance with paragraphs 3 to 11, as detailed below. Section 53(3) RPA 1983 provides that regulations made under section 53(1) may contain any such provisions as are mentioned in Schedule 2 to RPA 1983
174. Paragraph 3 amends paragraph 1 of Schedule 2 to RPA 1983 which provides some of the general regulation-making powers relating to what registration officers may do in pursuit of their registration duties, particularly around how they can obtain information and evidence, including the following. Paragraph 1(2) of Schedule 2 provides that provision can be made authorising a registration officer to require persons to give information for the purposes of the officer’s registration duties. Paragraph 1(2A) states that provision made under paragraph 1(2) for registration officers in Great Britain to require an applicant for electoral registration to provide evidence of their identity or their entitlement to registration has to specify the types of evidence that can be required. Paragraph 1(4) allows provisions to be made authorising a registration officer to inspect, for the purpose of his registration duties, records kept by local or public authorities, and to make copies of information contained in such records.
175. Paragraph 3(2) of this Schedule expands paragraph 1(2A) of Schedule 2 so that it applies in relation to registration officers throughout the UK rather than Great Britain, and so that it applies to applicants for electoral identity documents, anonymous electors’ documents and electoral identity cards under sections 13BD, 13BE and 13C RPA 1983 respectively, as well as to registration applications.
176. Paragraph 3(3) inserts new sub-paragraph (5A) to expand the meaning of a registration officer’s ‘registration duties’ to include:
     1. in the case of a registration officer in Great Britain, the officer’s functions (i) in relation to electoral identity documents and anonymous electors’ documents under sections 13BD and 13BE RPA 1983, and (ii) in relation to absent vote applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales, and
     2. in the case of the Chief Electoral Officer for Northern Ireland, the Officer’s functions (i) in relation to electoral identity cards under section 13C RPA 1983 and (ii) in relation to applications under section 6, 7 or 8 of the RPA 1985.
177. Paragraph 4 amends paragraph 1A of Schedule 2 to RPA 1983 which contains powers to make regulations in relation to the disclosure of information for verification purposes relating to electoral registration. These powers are used to underpin aspects of the voter registration process whereby certain details about an applicant are compared against data to help a registration officer in determining the application. Paragraph 4(2) and (3) amends existing sub-paragraph (1)(a) to provide that provision can be made via regulations so that information may be verified about a wider category of individuals listed in new sub-paragraph (1A). The individuals listed in new sub-paragraph (1A) are: (a) a person who is registered in a register maintained by the registration officer; (b) a person who is named in (i) an application for registration in, or alteration of, a register (including a partially completed application submitted through the UK digital service - see new sub–paragraph (1B)); (ii) an application (including a partially completed application) for one of the types of electoral identity document under section 13BD, 13BE or 13C RPA 1983, or; (iii) a relevant absent vote application.
178. Paragraph 4(4) inserts new sub-paragraphs (6) to (8) into paragraph 1A of Schedule 2 to RPA 1983. New sub-paragraph (6) provides that in sub-paragraph (1) , in relation to verifying information about a person named in a relevant registration or absent vote application, references to disclosing information include references to disclosing evidence provided by a person in connection with the application.
179. New sub-paragraph (7)(a) to (c) in paragraph 1A defines "relevant absent voting application", "relevant registration application" and "UK digital service" as used in paragraph 1A.
180. New sub-paragraph (8) in paragraph 1A provides that a notice, including a partially completed notice, under section 8(9) of the RPA 1985 which cancels a proxy appointment is to be treated as a relevant absent voting application for the purposes of paragraph 1A.
181. Paragraph 5 of this Schedule amends paragraph 3ZA of Schedule 2 to RPA 1983. Paragraph 3ZA allows provisions to be made about the form and content of, and manner of making of, electoral registration applications, and about the evidence to be provided by such an applicant to support an application. Paragraph 5(2) expands sub-paragraph (1) of paragraph 3ZA to include applications for electoral identity documents and anonymous elector documents in Great Britain under sections 13BD and 13BE RPA 1983. Paragraph 5(3) inserts new sub-paragraphs (2A) and (2B) into paragraph 3ZA. New sub-paragraph (2A)(a) provides that provisions may be made to confer functions on the Secretary of State to enable registration applications listed in new sub-paragraph (2B) to be made in a particular manner; and to authorise the Secretary of State, in prescribed circumstances, to complete such applications in part for people, for example to pre-populate forms with information already held by the Secretary of State where appropriate. These powers would be used to underpin aspects of online application services. New sub-paragraph (2B) lists relevant applications for the purpose of new sub-paragraph (2A) as (a) an application for registration in, or alteration of (i) a register of parliamentary electors, (ii) a register of local government electors in England, or (iii) a register of local government electors in Scotland or Wales, where the application is submitted through the UK digital service, and (b) applications under section 13BD or 13BE RPA 1983 for Voter Cards or anonymous elector documents
182. Paragraph 5(4) inserts a new paragraph 3ZA(3A) to allow for provisions to be made requiring a person making an application for a Voter Card or an anonymous elector’s document under section 13BD or 13BE to provide evidence that the person is the person named in the application. Paragraph 5(5) and (6) makes consequential amendments to paragraph 3ZA(4) and (6).
183. Paragraph 5(7) inserts new sub-paragraph (7) into paragraph 3ZA of Schedule 2 to RPA 1983 explaining what is meant by an application submitted through "the UK digital service"..
184. Paragraph 6 of this Schedule substitutes the existing paragraph 3A (about registration applications in Northern Ireland) of Schedule 2 to RPA 1983 with a new paragraph 3A which covers, for Northern Ireland, both applications for electoral registration and applications for electoral identity cards under section 13C RPA 1983, as well as forms used in connection with a canvass under section 10 RPA 1983. The new paragraph 3A(1) replicates the existing powers in paragraph 3A, enabling provision to be made about (subsection (1)(a)) the form and contents of registration applications and applications under section 13C as well as any declarations in connection with those applications, and the manner in which they are to be made, and (subsection (1)(b)), the manner in which forms in connection with a canvass are submitted.
185. New paragraph 3A(2) provides that provision made under sub-paragraph (1) may confer functions on the Secretary of State or the Chief Electoral Officer for Northern Ireland to allow applications to be made or forms to be submitted in a particular manner, confer other functions on the Chief Electoral Officer, confer functions on the Electoral Commission and provisions may also authorise the Secretary of State or Chief Electoral Officer to complete applications or forms in part for people in certain circumstances.
186. New paragraph 3A(3) enables provision to be made requiring a person making an application for registration in Northern Ireland to provide evidence that they are the person making the application and to provide evidence of their entitlement to be registered. New paragraph 3A(4) also provides that provisions can be made requiring a person making an application under section 13C to provide evidence that the person is the person named in the application.
187. New paragraph 3A(5) provides that any provision made in relation to sub-paragraph (3) or (4) must specify the kind of evidence that a person is required to provide and paragraph 3A(6) gives examples of the evidence which may be specified - a person’s date of birth or national insurance number. Under new paragraph 3A(7) provision made under sub-paragraph (3) or (4)may require that this evidence is provided to the Chief Electoral Office or some other prescribed person.
188. New paragraph 3A(8) provides that provision can be made about how a requirement for an applicant to provide a signature in an application for electoral registration in Northern Ireland or a form submitted in connection with a canvass can be satisfied.
189. Paragraph 7 of this Schedule inserts new paragraph 5ZA into Schedule 2 to the RPA 1983. New paragraph 5ZA(1) allows regulations to be made about the manner in which ‘relevant absent vote applications’ can be made (defined in new paragraph 5ZA(5) and (6)). New paragraph 5ZA(2) enables provision under sub-paragraph (1) to (a) confer functions on the Secretary of State, registration officers, or local or public authorities in Great Britain to enable applications to be made in a particular manner; (b) confer other functions on registration officers; (c) confer functions on the Electoral Commission; and (d) authorise the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications in part for people.
190. New paragraph 5ZA(3) provides for provisions to be made that impose requirements to be met in relation to a relevant absent voting application. Paragraph 5ZA(4) provides for provisions to be made about how a requirement for an applicant to provide a signature in connection with a relevant absent voting application may be satisfied.
191. Paragraph 8 of this Schedule amends paragraph 8B(1) of Schedule 2 to the RPA 1983, which allows provision to be made to authorise or require a registration officer to treat a prescribed person’s statement of fact as sufficient evidence of that fact, so that it also extends to applications for electoral identity documents, anonymous elector’s documents and electoral identity cards under sections 13BD, 13BE and 13C respectively.
192. Paragraph 9 inserts new paragraph 8BA allowing provisions to require registration officers to keep records relating to applications for electoral identity documents and anonymous elector’s documents, and relating to any documents issued as a result of those applications, and allowing provisions to require the Chief Electoral Officer for Northern Ireland to do likewise for applications for electoral identity cards and such cards issued. New paragraph 8BA(4) also sets out, in both instances, that provisions may be made to allow this information to be shared as prescribed.
193. Paragraph 10 expands paragraph 8C of Schedule 2 to the RPA 1983, which enables provision to be made about retention, disposal and other processing of information received in the course of registration-related procedures, so that these powers also apply to information relating to applications under sections 13BD, 13BE and 13C.
194. Paragraph 11 inserts new sub-paragraph (1ZZA) into paragraph 13 of Schedule 2 to RPA 1983. Paragraph 13(1)(b) of Schedule 2 to RPA 1983 allows provision to be made to create a criminal offence for a person, without lawful authority, to destroy, mutilate, deface or remove any notice published by the registration officer in connection in connection with the officer’s ‘registration duties’. New paragraph 13(1ZZA) expands the meaning of ‘registration duties’ to include references to (a) in the case of a registration officer in Great Britain, their functions under sections 13BD and 13BE RPA 1983 in relation to electoral identity documents and anonymous elector’s documents, and their functions in relation to absent vote applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections in Scotland or Wales; (b) in the case of the Chief Electoral Officer for Northern Ireland, their functions under section 13C RPA 1983 in relation to electoral identity cards and in relation to absent vote applications under section 6, 7 or 8 of the RPA 1985.
195. Paragraph 12 provides a power to make regulations to amend Schedule 4 to the RPA 2000 and section 6 or 7 of the RPA 1985 in order to remove a requirement that an applicant’s absent vote application in Great Britain (other than an ‘excluded application’, i.e., an application in relation to a local government election, or local government elections, in Scotland or Wales - see paragraph 12(2)) and Northern Ireland respectively must include their signature.
196. Such regulations may make (a) different provision for different purposes; and (b) consequential, supplementary, incidental, transitional, transitory or saving provision (including consequential provision amending any provision made by the Representation of the People Acts (paragraph 12(3)). Any such regulations are to be made by statutory instrument subject to the affirmative resolution procedure (paragraph 12(4))..
197. Paragraph 13 provides a power to make provision about unique reference numbers in relation to elections in Northern Ireland. A unique reference number (‘URN’) is issued to every elector that registers digitally in Northern Ireland for use when applying for an absent vote. Paragraph 13(1) provides that regulations may be made about the issuing or use of URNs in connection with applications to register, applications for an absent vote or canvass. Paragraph 13(2) provides that such regulations may amend, repeal or change provisions relating to URNs in the Representation of the People Acts or the Elected Authorities (NI) Act 1989.
198. Paragraph 13(3) provides that regulations may make a) different provision for different purposes; or (b) consequential, supplementary, incidental, transitional, transitory or saving provision (including provision amending any provision made by the Representation of the People Acts or the Elected Authorities (Northern Ireland) Act 1989. In accordance with paragraph 13(5) and (6), any such regulations are to be made by statutory instrument and subject to the affirmative resolution procedure.
199. Paragraph 14 makes the following consequential repeals (a) section 2(2) of the Elections (Northern Ireland) Act 1985; (b) paragraph 24(5) of Schedule 1 to the Representation of the People Act 2000; and (c) paragraph 20(4) of Schedule 4 to the Electoral Registration and Administration Act 2013.

Postal and Proxy Voting

Section 3: Restriction of period for which person can apply for postal vote

200. Section 3 gives effect to Schedule 3 to the Act. This amends Schedule 4 to the RPA 2000 so as to limit to a maximum of three years the period for which a person can apply to vote by post at UK Parliamentary elections in England, Wales and Scotland, and local government elections in England.

Schedule 3: Restriction of period for which person can apply for postal vote

201. Paragraph 1 of Schedule 3 provides for Schedule 4 to the RPA 2000 (absent voting in Great Britain) to be amended in line with the amendments set out in the Schedule.
202. Paragraph 2 amends paragraph 3 of Schedule 4 to the RPA 2000 which currently provides for applications for absent voting at elections to be made for a definite or indefinite period. The amendments amend sub-paragraph (1) of paragraph 3, and insert a new sub-paragraph (1A), to provide that at UK Parliamentary elections or local government elections in England it will no longer be possible for a person to be able to apply for a postal vote for an indefinite period. Under the changes, a grant of an application to vote by post in relation to UK Parliamentary elections or local government elections in England may not exceed three years. The amendments provide that the postal vote of a person who has chosen to apply for a postal vote for the maximum period possible will run until the third 31 January following the date on which the application is granted. This will ensure that these postal vote applications will cease on 31 January in the year in question, which will give the elector time to apply for a fresh postal vote ahead of any scheduled elections for May in that year, if the elector wishes to continue to vote by post. The amendments also allow a person to apply for a postal vote for a shorter period than the period ending with the third 31 January following the date on which the application is granted.
203. New sub-paragraph (1B) provides that the provisions in sub-paragraph (1A) do not apply to a postal voter who is registered to vote at parliamentary elections in pursuance of an overseas elector’s declaration. Instead, any grant of a postal vote application by an overseas elector will run until the period ending with the 1 November during which the person is entitled to remain registered to vote as an overseas elector (which may not exceed 3 years) in accordance with new section 1D(1)(a) or (3)(a) of the RPA 1985. An overseas elector may apply to vote by post for a shorter period if they wish.
204. The amendments make consequential changes to sub-paragraphs (4) and (5) of paragraph 3 of Schedule 4 concerning the record of absent voters and the removal from that record to reflect that there is a now a limit on the period for which a person may hold a postal vote at UK Parliamentary elections and local government elections in England.
205. The amendments make a consequential change to sub-paragraph (7) of paragraph 3 of Schedule 4, and insert a new sub-paragraph (7A), to reflect that a proxy voter who wishes to vote by post instead may apply for a postal vote for a period not exceeding 3 years. New sub-paragraph (7B) provides that the provisions in sub-paragraph (1B) apply where an overseas elector who is a proxy makes an application to vote by post. The amendments preserve the existing position that a person may apply to vote by post for an indefinite period or for a particular period at local government elections in Scotland or Wales.
206. Paragraph 3 amends paragraph 7 of Schedule 4 to the RPA 2000 which concerns persons voting as a proxy on behalf of another elector at an election. The amendments make equivalent changes in relation to these persons to those made by paragraph 2 of the Schedule. Under the changes, a grant of an application to vote by post by a proxy voter in relation to UK Parliamentary elections or local government elections in England may not exceed three years. The amendments preserve the existing position that a person appointed as proxy for another elector may apply to vote by post for an indefinite period or for a particular period at local government elections in Scotland or Wales.
207. Paragraph 4 makes transitional provision in relation to existing postal voters at the time the limit on the maximum period for which a person can apply for a postal vote comes into force. The paragraph provides that the transitional arrangements will apply to postal voters who, immediately before the day to be specified in regulations by the Secretary of State ("the specified day"), have a postal vote for an indefinite period or for a particular period that would expire after the end of three years beginning with the specified day. Under paragraph 4, these persons will continue to be able to vote by post until either the third 31 January following the specified day or, if this is sooner, "the signature refresh date". The signature refresh date is the date by which the registration officer would ordinarily be required to send a notice to the postal voter requiring them to provide a fresh signature (under the existing signature refresh provisions, this notice must be sent by 31 January in any year if a person’s signature on record is more than five years old). The notice that is ordinarily required to be sent will not be so required if the person’s only entitlement to vote as an absent voter is a postal vote that will expire on the signature refresh date under these transitional provisions. The registration officer must send to a postal voter before the end of the period for which they have a postal vote a notice informing the person of the date on which their postal vote entitlement is to end, and information about how to make a fresh application to vote by post.
208. The transitional arrangements provide that the new limit on the period for which a person may apply for a postal vote is phased in for existing long-term postal voters. They provide that these persons will cease to have a postal vote on the 31 January in the year in question, which will give them time to make a fresh postal vote application ahead of any scheduled elections for May in that year, if they wish to continue to vote by post.
209. The transitional arrangements in this paragraph do not apply in relation to a person who is registered to vote in parliamentary elections in pursuance of an overseas elector’s declaration made at any time before the day on which section 12 comes into force (see instead Part 2 of Schedule 7).

Section 4: Handling of postal voting documents by political campaigners

210. Section 4 amends the RPA 1983, introducing a new criminal offence banning political campaigners from handling postal voting documents issued to others.
211. Subsections (1) and (2) insert the new handling offence as new section 112A of the RPA 1983.
212. New section 112A(1) provides that those defined in section 112A(7) as "political campaigners" commit an offence if they handle postal voting documents in relation to UK Parliamentary and English local elections. For these purposes, "political campaigners" (as defined in subsection (7)) includes candidates, election agents and party workers.
213. New section 112(A)(2) provides an exemption from the offence for specified persons who may handle postal votes in the normal course of their duties, such as a postal operator.
214. New section 112A(3) creates two further exemptions to this offence where the handler is a listed family member or carer of the postal voter.
215. New section 112A(4) provides that it is a defence for a person charged with the offence to show that they did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at an election.
216. New section 112A(5) provides that where sufficient evidence has been introduced to raise the defence as an issue, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
217. New section 112A(6) makes the offence a "corrupt practice", bringing the offence within the existing prosecution, sentencing and penalty regime for electoral offences in the RPA 1983. This offence carries a maximum penalty of up to two years in prison, a fine, or both; and prohibition from standing for electoral office and from voting for a period of 5 years. In line with other electoral offences, this subsection makes it clear that anyone who aids, abets, counsels or procures the commission of the offence in relation to handling postal voting documents is also guilty of a corrupt practice.
218. New section 112A(7) sets out the persons who are deemed to be a political campaigner for the purpose of this section. A political campaigner is a person who is:
     1. a candidate at the election;
     2. an election agent of a candidate at the election;
     3. a sub-agent of a person within paragraph (b);
     4. employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate;
     5. a member of a registered political party and carries on an activity designed to promote a particular outcome at the election;
     6. employed or engaged by a registered political party in connection with the party’s political activities;
     7. employed or engaged by a person within any of paragraphs (a) to (f) to carry on an activity designed to promote a particular outcome at the election;
     8. employed or engaged by a person within paragraph (g) to carry on an activity designed to promote a particular outcome at the election.
219. New section 112A(8) defines some of the terms used in new section 112A, including "relevant election" to which the provisions apply, namely UK Parliamentary elections and local elections in England. New subsections (9)-(11) provide some further interpretation of the terms used.
220. Subsection (3) applies the existing processes for the identification of a person guilty of a corrupt or illegal practice by an election court (set out in section 160 of the RPA 1983) to those convicted of the new offence.
221. Similarly, subsection (4) applies the existing provisions for the prosecution of corrupt practices (set out in section 168 of the RPA 1983) to those convicted of the new offence. Under these provisions, on indictment, the person would be liable to imprisonment for a term not exceeding two years, or a fine, or both. On summary conviction, the person would be liable to imprisonment for a maximum of six months, or to a fine, or to both.
222. Subsection (5) applies the existing provisions in relation to incapacities (set out in section 173 of the RPA 1983) to persons convicted of the offence.

Section 5: Handing in postal voting documents

223. Section 5 amends Schedules 1 and 2 to the RPA 1983, introducing powers to allow regulations to be made setting out requirements for the handing in of postal votes to the Returning Officer and at polling stations, including setting a limit on the number of postal voters on behalf of whom a person may hand in postal votes, and for postal votes to be rejected if not handed in in accordance with the requirements.
224. Subsection (4) amends rule 45 of Schedule 1 to the RPA 1983 which concerns the counting of votes at UK Parliamentary elections. Paragraph (1B) of rule 45 concerns the requirements for a postal ballot paper to be taken to be "duly returned" and therefore included in the count at a UK Parliamentary election in England, Wales or Scotland. Subsection (4) amends this to specify that a postal vote will be taken to be duly returned if the postal vote does not fall to be rejected under regulations made under this provision (more detail on rejection of postal votes is set out below). Subsection (4) also amends paragraph (2) of rule 45 which concerns the return of postal ballot papers to the Returning Officer at UK Parliamentary elections in Northern Ireland and the amendments make equivalent changes for these elections in Northern Ireland as set out above for UK Parliamentary elections in Great Britain.
225. Subsection (5) amends Schedule 2 to the RPA 1983 which sets out provisions which may be contained in regulations as to registration and other matters. Paragraph 12 of Schedule 2 currently provides for regulations to be made in relation to the issue and receipt of postal ballot papers. Subsection (5) inserts a new paragraph 12ZA into Schedule 2 that sets out provisions that may be made where regulations under rule 45(1B)(a) or (b) in Schedule 1 to the RPA 1983 provide that a postal voting document may be handed in to a polling station or to the Returning Officer at UK Parliamentary elections in Great Britain.
226. Under new paragraph 12ZA(2), regulations may require a person seeking to hand in a postal voting document to complete a form containing specific information, which the government anticipates would include, among other information, the name(s) of the postal voter(s) whose ballot papers are being handed in. Regulations may make provision to require the "relevant officer" receiving the ballot to reject the document if the person fails to complete the form. The relevant officer is defined, along with other terms, in new paragraph 12ZA(12) as: (i) the Presiding Officer or clerk at the polling station, where the postal vote is handed in at a polling station, or (ii) the Returning Officer or person acting under the authority of the Returning Officer where the postal vote is handed in to the Returning Officer. Regulations may also make provision as to the arrangements to be made in respect of those forms.
227. New paragraph 12ZA allows regulations to require the rejection of postal ballots handed in on behalf of more than the maximum number of electors (in addition to the individual’s own postal ballots). The maximum number of other electors will be set out in secondary legislation. The individual handing in the postal voting documents on behalf of another will be able to hand in postal ballots for all the polls in which the elector(s) can vote.
228. Under new subparagraph (3) of new paragraph 12ZA, the regulations may set out the procedure to be followed where an individual hands in postal voting documents on behalf of more than the prescribed number of electors. Provision may be made to require a relevant officer to reject postal voting documents handed in by a person who hands in ballots on behalf of more than the prescribed number of electors, or where a relevant officer has reasonable cause to suspect a person is handing in postal ballots on behalf of more than the prescribed number of electors. The maximum applies to all the postal ballots that are handed in together or, if the individual has already handed in postal ballots in relation to that election (or elections held on the same day), to the combined total of postal ballots handed in by that individual. Subparagraph (4) provides an explanation of the meaning of terms used in subparagraph (3).
229. New paragraph 12ZA(5) provides that provision may be made to authorise the relevant officer to reject a postal voting document handed in by a person where they have reasonable cause to suspect that the person may be in breach of the offence under new section 112A of the RPA 1983 (offence relating to handling of postal voting documents).
230. Under new paragraphs 12ZA(6) and (7), provision may be made in respect of a postal voting document that is rejected, or brought into a polling station or the offices of the Returning Officer so that it may be handed in, but is left behind there without being handed in; for the storage and disposal of those documents; and for the transfer of those documents to the Returning Officer and registration officer.
231. New paragraph 12ZA(9) provides for notification that a postal ballot paper has been rejected or left behind. New paragraph 12ZA(10) specifies that the person to be notified is the person whose ballot paper is rejected, or where that person is a proxy, that person and the elector for whom the person voted as proxy.
232. Subsection (5) also inserts new paragraph 12ZB into Schedule 2 to the RPA 1983 which allows equivalent provision to new paragraph 12ZA (in relation to UK Parliamentary elections in Great Britain) to be made about the handing in of postal votes to the Returning Officer at UK Parliamentary elections in Northern Ireland. Postal votes cannot be returned to the polling station in Northern Ireland.

Section 6: Limit on number of electors for whom a proxy can vote

233. Section 6 gives effect to Schedule 4 to the Act. This amends provisions in the RPA 1983, RPA 1985 and Schedule 4 to the RPA 2000 to introduce a new limit of four on the total number of electors for whom a person may act as proxy in UK Parliamentary elections or local government elections in England. Within this limit of four, no more than two electors can be electors who are registered otherwise than in pursuance of an overseas elector’s declaration or a service declaration. All four may be for overseas electors or service voters.

Schedule 4: Proxy Voting: Limits and Transitional Provision

234. Schedule 4 amends provisions in the RPA 1983, RPA 1985 and Schedule 4 to the RPA 2000.
235. Paragraph 2(2) of the Schedule inserts a new subsection (1A) into section 61 of the RPA 1983 to provide for a new electoral offence at UK Parliamentary elections in the United Kingdom and local government elections in England.
236. New subsection (1A) makes it an offence for:

• a person ("P") to apply to appoint a proxy at (a) a particular UK Parliamentary election, or (b) UK Parliamentary elections, knowing that the person to be appointed is already appointed as a proxy for four or more other electors at (respectively) (a) that election or UK Parliamentary elections, or (b) UK Parliamentary elections or a particular UK Parliamentary election, and
• where P is registered to vote at UK Parliamentary elections otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and P knows that the person to be appointed for (a) a particular UK Parliamentary election or (b) UK Parliamentary elections, is already appointed as a proxy at (respectively) (a) that election or these elections, or (b) a particular UK Parliamentary election, or UK Parliamentary elections, for two or more other electors who are registered to vote otherwise than in pursuance of an overseas elector’s declaration or a service declaration.

237. New subsection (1A) also makes it an offence for:

• A person ("P") to apply to appoint a proxy at (a) a particular local government election in England, or (b) local government elections in England, knowing that the person to be appointed is already appointed as a proxy for four or more other electors at (respectively) (a) that election or local government elections in England, or (b) local government elections in England or a particular local government election in England, and
• where P is registered to vote at local government elections in England otherwise than in pursuance of a service declaration, and P knows that the person to be appointed is already appointed as a proxy at (a) a particular local government election in England, or (b) local government elections in England for two or more other electors who are registered to vote otherwise than in pursuance of a service declaration at (respectively) (a) that election or local government elections in England, or (b) local government elections in England or a particular local government election in England.

238. Paragraph 2(3) inserts a new subsection (3B) into section 61 to provide that a person is also guilty of an offence if they vote as proxy:

• for more than four electors at a UK Parliamentary election or at Parliamentary elections when those elections are being held in more than one constituency on the same day (for example a general election) or a local government election or elections (if more than one local election is being held on that day) in England;
• for more than two electors at a UK Parliamentary election or at Parliamentary elections when those elections are being held in more than one constituency on the same day (for example a general election), where the person knows that none of those electors is registered to vote at these elections in pursuance of an overseas elector’s declaration or a service declaration;
• for more than two electors at a local government election or elections (if more than one local election is being held on that day) in England, where that person knows that none of those electors is registered to vote at these elections in pursuance of a service declaration.

239. A person found guilty of an offence under new subsections (1A) or (3B) shall be guilty of an illegal practice and will be liable to an unlimited fine in England and Wales, and a fine not exceeding level 5 on the standard scale in Scotland and Northern Ireland.
240. Paragraph 2(4) amends existing section 61(4) of the RPA 1983 concerning voting as proxy at an election, as a consequence of new subsections (1A) and (3B), to provide that the existing offence of voting as proxy for more than two persons of whom the person is not a close relative continues to apply to a local government election in Wales and Scotland.
241. When a person votes as a proxy voter, they may be asked certain questions by the Presiding Officer in the polling station to ensure that the person is voting in accordance with the requirements on the number of persons for whom they may vote as a proxy. For UK Parliamentary elections, the questions are set out at rule 35 of Schedule 1 to the RPA 1983. Paragraph 4 removes a number of existing questions and inserts new questions in rule 35 to reflect that, at UK Parliamentary elections in the United Kingdom, the Schedule limits the total number of electors for whom a person may act as a proxy to four, and within the four electors, to no more than two electors who are registered to vote otherwise in pursuance of an overseas elector’s declaration or a service declaration, regardless of the family relationship to the elector.
242. Paragraph 4 also amends Rule 35 of Schedule 1 to the RPA 1983 by inserting a new question in relation to elections in Northern Ireland so that a person voting as proxy at a parliamentary election may be asked for their date of birth when applying for a ballot paper to enable polling staff to confirm that the proxy is the elector they represent themselves to be.
243. Paragraph 5 inserts a new paragraph 5C into Schedule 2 to the RPA 1983, which allows for provision to be made in regulations for checks on proxy eligibility in Northern Ireland and information about a person’s registration status to be provided by registration officers in Great Britain. This mirrors existing provision in relation to Great Britain.
244. Paragraph 6 amends section 8 of the RPA 1985 which concerns proxies at UK Parliamentary elections in Northern Ireland. New subsection (2A) is inserted to provide that a person may not be a proxy unless they will be registered in a register of parliamentary electors in Great Britain or Northern Ireland. Subsection 3 is also amended to remove the existing nationality requirements for proxies in Northern Ireland.
245. Paragraph 6 also amends subsection 5 of section 8 of the RPA 1985. It currently provides that a person may vote as a proxy voter at the same UK Parliamentary election in Northern Ireland in any constituency, on behalf of up to two electors and an unlimited number of specified family members. The amendments amend section 8 to set out the new limit of 4 on the total number of electors for whom a person is entitled to vote as proxy at UK Parliamentary elections in Northern Ireland.
246. Paragraph 6 also inserts a new subsection (7A) into section 8 of the RPA 1985. This provides that any requirements prescribed in relation to applications for a proxy under 8(6) (application for an indefinite period) and 8(7) (application for a particular election) of the RPA 1985 must contain the requirement for the date of birth to be included in the application for a proxy vote.
247. Paragraph 7 amends paragraph 6 of Schedule 4 to the RPA 2000 which provides for a person to be appointed as proxy to vote for another person at elections in Great Britain. Paragraph 6 of Schedule 4 to the RPA 2000 currently provides that a person may vote as a proxy voter at the same UK Parliamentary election in Great Britain in any constituency, or at the same local government election in any electoral area, on behalf of up to two electors and an unlimited number of specified family members. In legislation, a UK Parliamentary election and a local government election are each defined by reference to a particular constituency or area. The amendments set out the new limit of four (no more than two of whom can be registered otherwise than in pursuance of an overseas elector’s declaration or a service declaration) on the total number of electors for whom a person is entitled to vote as proxy at a UK Parliamentary election or (where these take place in more than one constituency on the same day) UK Parliamentary elections in Great Britain or a local government election or (where these take place in more than one electoral area on the same day) local government elections in England.
248. Paragraphs 8-11 make provision in relation to existing proxy vote arrangements that are in place at the time that the new limit on the number of persons for whom a person may act as proxy comes into force.
249. Paragraph 8 provides that existing proxy appointments at UK Parliamentary elections in Great Britain and local government elections in England (in force as a result of an application made before the date on which the offence in paragraph 2(2) of the Schedule relating to the appointment of proxies comes into force) will cease on a day to be specified in regulations by the Secretary of State ("the specified day"). Electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules that provide that a person may act as proxy for up to four electors only. Registration officers in Great Britain will be required to send a notice to an elector who has appointed a proxy before the specified day informing them of the date on which their proxy vote arrangement will cease to be in force and information about how to make a fresh application to vote by proxy.
250. Paragraph 8 further provides that, in relation to Great Britain, if the specified day is 31 January in a particular year, and the registration officer would be required by the specified day to send a notice to the elector requiring them to provide a fresh signature (under the existing signature refresh provisions), the requirement to send the notice to the elector would not apply unless the elector has other absent voting arrangement that still require the provision of a fresh signature.
251. Paragraphs 8 require that once a proxy appointment ceases to be in force under these provisions, the registration officer (in Great Britain) must as soon as practicable after this remove the entries relating to the appointment from the relevant absent voters’ record.
252. Paragraph 9 provides that existing proxy appointments at UK Parliamentary elections in Northern Ireland (in force as a result of an application made before the date on which the relevant provisions ("the relevant provisions") of the Schedule come into force) will cease on a day to be specified ("the specified day") in regulations by the Secretary of State. The relevant provisions are the offence in paragraph 2(2) of the Schedule relating to the appointment of proxies and the requirement in paragraph 6(2) that proxies be registered in a register of parliamentary electors. Electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules that provide that a person may act as proxy for up to four electors only or the rules requiring that the proxy be registered. The Chief Electoral Officer in Northern Ireland, will be required to send a notice to an elector who has appointed a proxy before the specified day informing them of the date on which their proxy vote arrangement will cease to be in force and information about how to make a fresh application to vote by proxy. Paragraph 9(4) requires that once a proxy appointment ceases to be in force under these provisions, the Chief Electoral Officer must as soon as practicable after this remove the entries relating to the appointment from the relevant absent voters’ record. Paragraph 9(5) requires that there can be more than one specified day if paragraphs 2(2) and 6(2) come into force on different days.
253. In relation to UK Parliamentary elections in Great Britain and local government elections in England, paragraph 10 provides that an application for a proxy appointment that is made before, but not determined by, "the specified day" is to be treated as not having been made and the registration officer will be required to send the person information about how to make a fresh application. This paragraph provides that these provisions do not apply where the application is made on or after the date on which the offence in paragraph 2(2) of the Schedule relating to the appointment of proxies comes into force. The effect of the provisions in paragraph 10 is that, if the offence concerning the appointment of proxies is commenced before the specified day, any elector who has been granted a proxy vote before the specified day, on the basis of an application made on or after the date of commencement of the provision containing the offence, would be able to continue with those proxy arrangements, and an elector whose application for a proxy vote is still being processed on the specified day would not need to make a fresh application to vote by proxy. These provisions are designed to enable the transitional arrangements for existing proxy voters to run smoothly.
254. In relation to UK Parliamentary elections in Northern Ireland paragraph 11 provides that an application for a proxy appointment that is made before, but not determined by, "the specified day" is to be treated as not having been made and the Chief Electoral Officer will be required to send the person information about how to make a fresh application. These paragraphs provide that these provisions do not apply where the application is made on or after the date the relevant provisions come into force. The effect of these provisions is that, if the relevant provisions are commenced before the specified day, any elector who has been granted a proxy vote before the specified day, on the basis of an application made on or after the date of commencement of the provision containing the offence, would be able to continue with those proxy arrangements, and an elector whose application for a proxy vote is still being processed on the specified day would not need to make a fresh application to vote by proxy. Paragraph 11(4) provides that there can be more than one specified day if paragraphs 2(2) and 6(2) come into force on different days. These provisions are designed to enable the transitional arrangements for existing proxy voters to run smoothly.

Section 7: Requirement of secrecy

255. This section amends the requirement to maintain the secrecy of voting set out in section 66 of the RPA 1983 in order to extend it to postal and proxy voting in a "relevant election".
256. Subsection (2) inserts new subsections (3A) to (3F) into section 66 of the RPA 1983. New subsection (3A) and (3B) mirror existing secrecy provisions for voting in person and extend those to voting by post. Subsection (3A)(c) contains a restriction on obtaining or attempting to obtain information about which candidate the person has voted for. This restriction only applies when the person voting is about to mark, is marking or has just marked their postal ballot paper (subsection (3B)). Subsection (3A)(d) prohibits communicating information obtained in contravention of subsection (3B)(c) at any time to any other person.
257. New subsection (3C) provides that an elector who has appointed a proxy to vote by post on their behalf does not contravene subsection (3A) by obtaining from their proxy information relevant for the vote to be cast (except the official mark on a ballot paper) and the proxy does not contravene subsection (3A) by communicating such information to the elector who appointed them.
258. New subsections (3D) and (3E) ensure that where a person is attempting to obtain from a postal voter, or communicate, information about which candidate the person has voted for, for the purposes (or the main purposes) of an exit or opinion poll, this is not an offence.
259. New subsection (3F) provides that a person voting as proxy for another elector at an election must not communicate at any time to any person, except the elector for whom they are voting as proxy, any information as to the candidate for whom that person is about to vote or has voted (as proxy), or, except for purposes authorised by law, the number or other unique identifying mark on the back of a ballot paper sent or delivered to that person.
260. Subsection (3) inserts new subsections (4A) and (4B) into section 66 of the RPA 1983 to mirror the existing secrecy requirement under section 66(5). The existing subsection (5) only applies to a person (companion) assisting a blind voter by voting on their behalf, and the new subsections extend this to companions voting on behalf of voters who are blind, have other disabilities or are unable to read. Subsection (6) of the section amends the Parliamentary elections rules to reflect this extension of the secrecy requirement. Subsection (4) amends section 66(5) of the RPA 1983 so that the existing secrecy requirement continues to apply to local government elections in Scotland and Wales.
261. Subsection (5) inserts a new subsection 66(6A) which defines the term "relevant election", to which the extended secrecy provisions apply. Those elections are UK Parliamentary elections and local government elections in England.
262. The existing offence at section 66(6) of the RPA 1983 will apply to a person who acts in contravention of any of the secrecy requirements set out in section 66 of the RPA, including the new requirements. A person found guilty shall be liable on summary conviction to an unlimited fine in England and Wales, and a fine not exceeding level 5 on the standard scale in Scotland and Northern Ireland, or to imprisonment for up to 6 months.

Undue Influence

Section 8: Undue influence

263. Section 115 of the RPA 1983 sets out the corrupt practice of undue influence. Section 8 (1) of this Act inserts new section 114A(1) to (7). Section 114A applies to all reserved and excepted elections instead of section 115. Section 115 RPA 1983 continues to apply in relation to elections in Scotland and Wales under the local government Act.
264. New section 114A makes clear that a person ("P") will be guilty of undue influence if P carries out an activity listed in new section 114A(4) for a specific purpose. This purpose is either to induce or compel a person to vote in a particular way (e.g., for or against a particular candidate, political party or referendum question) or not to vote at all (new section 114A(2)(a)), or to impede more generally the free exercise of the franchise of a person (new section 114A(2)(b)).
265. The phrase "for the purpose of" in new section 114A(2) shows that, as is currently the case, the intent of the person "P" carrying out the activity is key: it is enough to establish an intent to unduly influence a person, even if the activity was not actually successful in this regard.
266. New section 114A(3) sets out that P will also be guilty of undue influence if P carries out an activity listed in new section 114A(4) because a person has voted in a particular way or not voted at all, or because P assumes that the person has done so. As is currently the case, undue influence is not limited to activities which occur before a person casts their vote; undue influence can also be exerted after a person casts their vote. Such activities may seek to influence future voting decisions by the same individual or, indirectly, influence the vote of others who have yet to make their voting decision.
267. New section 114A(4) lists the seven categories of activity which may constitute undue influence. All activities are carried out in relation to "a person". Activity may in some circumstances constitute undue influence if carried out in relation to a person other than the person against whom undue influence is exerted (for example, an activity carried out against a family member of a person for the purpose of inducing that person to vote in a particular way).
268. The seven categories of activity are:
     1. Using (or threatening to use) physical violence including, but not limited to, physical restraint or abduction;
     2. Damaging or destroying (or threatening to damage or destroy) property;
     3. Damaging (or threatening to damage) a person’s reputation by, for example, disseminating information about a person;
     4. Causing (or threatening to cause) financial or economic loss by, for example, boycotting business premises owned or operated by a person;
     5. Causing spiritual injury to or placing undue spiritual pressure on a person.
     6. Doing any other act designed to intimidate a person.
     7. Deceiving a person in relation to the conduct or administration of an electoral event. This could be (for example): deception about the date of an electoral event or location of a polling station; deception as to the requirements and qualifications for voting; deception as to the mechanics of voting, such as the significance of placing a cross on a ballot.
269. New section 114A(4)(e) relates to causing spiritual injury or placing undue spiritual pressure on a person. This is often, but not always, inflicted or exerted by those in a position of spiritual or religious authority. "Spiritual injury" includes (for example) the act of excluding a person from the membership of an organised belief system or banning them from attending a place of worship. "Undue spiritual pressure" includes (for example) threatening to cause spiritual injury to a person, as well as the suggestion that to vote or not vote for a particular candidate or party:
     1. is a duty or obligation arising from the spiritual or religious beliefs that a person holds or purports to hold;
     2. improves or reduces a person’s spiritual standing or wellbeing;
     3. has specific spiritual consequences, either positive (e.g., going to "heaven" or similar) or negative (e.g., damnation);
     4. has other consequences of a spiritual nature, such as exclusion from the membership of an organised belief system.
270. However, there is a degree of spiritual influence inherent in all positions of religious or spiritual authority. It is only when this spiritual influence becomes a form of improper or inappropriate pressure that it amounts to "undue" spiritual influence. Therefore "undue spiritual pressure" does not include legitimate aspects of the enjoyment of the freedoms of thought, belief or expression, for example, a religious leader expressing their opinion on political or other matters that have implications for the principles of that religion, or the behaviour of religious groups for whom not voting is an established doctrinal position.
271. New section 114A(4)(f) relates to all other acts which are designed to intimidate a person which are not covered by the first five categories. This covers other activities which amount to what would generally be considered to be intimidation but which do not neatly fit within one of the other specified categories of activities. New section 114A(4)(f) does not seek to exhaustively define the meaning of "intimidation"; it is ultimately for a court to be satisfied objectively whether or not a specific activity amounts to intimidation.
272. New section 114A(5) provides that a person can carry out undue influence directly, jointly with other persons or indirectly via other persons acting on the person’s behalf (with that person’s authorisation or consent).
273. New section 114A(6) provides that the activities which are set out in new section 114A(4)(f) and (g) can be carried out by act or omission.
274. New section 114A(7) provides that section 114A does not apply to an election in Scotland or Wales under the local government Act.
275. Section 8(2) amends section 115 of the RPA 1983, such that section 115 continues to apply to elections in Scotland or Wales under the local government Act.

Schedule 5: Undue influence: Further Provision

276. Schedule 5 contains a number of amendments. The effect of existing legislation (as amended by this Schedule) is that any incapacity arising from a person being reported by an election court as personally guilty of or arising from a person being convicted of, the modernised corrupt practice of undue influence as provided by new section 114A RPA 1983 (as inserted by section 8 of this Act), makes that person incapable of being elected to any of the following elective offices:
     1. Member of the House of Commons;
     2. Member of the Northern Ireland Assembly;
     3. Member of a local authority in England or Northern Ireland;
     4. Elected mayor of a local authority in England;
     5. Mayor for a combined authority in England;
     6. Mayor of London;
     7. Member of the London Assembly;
     8. Police and crime commissioner.
277. Paragraphs 1 and 2 amend the Local Government Act 1972. The effect of these amendments is that a person is disqualified from being elected to or holding the office of a member of a local authority in England where that person has been reported by an election court as personally guilty of, or is convicted of, the corrupt practice of undue influence set out in:
     1. section 114A RPA 1983 as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 in relation to an election to the Northern Ireland Assembly;
     2. paragraph 3 of Schedule 9 to the ELA (NI) 1962 in respect of a district council election in Northern Ireland.
278. Paragraph 3 amends the Local Government Act (Northern Ireland) 1972. The effect of this amendment is that a person is disqualified from being elected to or holding the office of a member of a district council in Northern Ireland where that person has been reported by an election court as personally guilty of, or is convicted of, the corrupt practice of undue influence set out in:
     1. section 114A RPA 1983, and also that section as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 in relation to an election to the Northern Ireland Assembly;
     2. article 69 of the Police and Crime Commissioner Elections Order 2012 in relation to a police and crime commissioner election;
     3. regulation 136 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 in relation to a recall petition;
279. Paragraph 4 amends the RPA 1983. The effect of these amendments is that a person is disqualified from being elected to or holding a seat in the House of Commons where that person has been reported by an election court as personally guilty of, or is convicted of, the corrupt practice of undue influence set out in paragraph 3 of Schedule 9 to the ELA (NI) 1962 in respect of a district council election in Northern Ireland.
280. Paragraph 5 amends the Greater London Authority Act 1999. The effect of this amendment is that a person is disqualified from being elected to or holding the office of a member of the London Assembly or the Mayor of London where that person has been reported by an election court as personally guilty of, or is convicted of, the corrupt practice of undue influence set out in:
     1. section 114A RPA 1983 as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 in relation to an election to the Northern Ireland Assembly;
     2. paragraph 3 of Schedule 9 to the ELA (NI) 1962 in respect of a district council election in Northern Ireland.
281. Paragraph 6 amends the Local Democracy, Economic Development and Construction Act 2009. The effect of this amendment is that a person is disqualified from being elected to or holding the office of a mayor of a combined authority in England where that person has been reported by an election court as personally guilty of, or is convicted of, the corrupt practice of undue influence set out in:
     1. section 114A RPA 1983 as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 in relation to an election to the Northern Ireland Assembly;
     2. paragraph 3 of Schedule 9 to the ELA (NI) 1962 in respect of a district council election in Northern Ireland.
282. Paragraph 7 amends the Police Reform and Social Responsibility Act 2011. The effect of this amendment is that a person is disqualified from being elected to or holding the office of a police and crime commissioner in England and Wales where that person has been reported by an election court as personally guilty of, or is convicted of, the corrupt practice of undue influence set out in:
     1. section 114A RPA 1983 as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 in relation to an election to the Northern Ireland Assembly;
     2. paragraph 3 of Schedule 9 to the ELA (NI) 1962 in respect of a district council election in Northern Ireland.

Assistance with voting for persons with disabilities

Section 9: Assistance with voting for persons with disabilities

283. This section amends some of the provisions of the Parliamentary Elections Rules in relation to assistance with voting provided to persons with disabilities.
284. Subsection (2) amends rule 29 of Schedule 1 to the RPA 83, substituting the requirement for Returning Officers in England and Wales, Scotland and Northern Ireland to provide each polling station with a device for voters with sight loss with a broader requirement to provide such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, voters with disabilities - including those who have sight loss - to vote independently in the manner directed by rule 37 of the Schedule, which includes the procedure to mark the ballot paper secretly. "Secretly" here refers to which candidate(s) or options(s) an individual has voted for, and not the fact that they have voted. Subsection (2) also introduces a requirement for the Electoral Commission to give guidance to support Returning Officers in carrying out the new, broader requirement to provide assistive equipment, and places a duty on Returning Officers to have regard to that guidance. Because of the definition of disability in section 202 of the RPA 1983, the provisions in this section also include a person who has a short term inability to vote in the manner directed by rule 37.
285. The requirements under this provision do not affect any other statutory duty imposed on a Returning Officer under the Equality Act 2010, or the Disability Discrimination Act 1995.
286. Subsection (3) amends rule 39 (voting by persons with disabilities) of Schedule 1 by changing the qualifying requirement for a person to assist a voter with a disability as their ‘companion’ at the polling station. . As a result of this change, a companion is no longer required to be someone either entitled to vote in the election or a close family member of the voter who has attained the age of 18, but can be anyone aged18 or over.
287. Subsection (4) amends the form of declaration to be made by the companion of a voter with disabilities, which is contained in the Appendix of Forms of Schedule 1 to the RPA 1983, to reflect the updated qualifying requirements.
288. Subsection (5) amends PPERA to introduce a requirement for the Electoral Commission to report on the steps taken by Returning Officers to assist voters with disabilities to vote at relevant elections. This includes UK Parliamentary elections, Police and Crime Commissioner elections and Northern Ireland Assembly elections, where the Electoral Commission is required to report, and UK Parliamentary and Police and Crime Commissioner by-elections where the Electoral Commission has discretion over reporting. The requirement for the Electoral Commission to report on certain polls and the discretion to report on others is provided by section 5 of PPERA.

Nomination of candidates at parliamentary elections

Section 10: Candidate nomination paper: commonly used names

289. Section 10 amends rule 6 of the Parliamentary Elections Rules set out in Schedule 1 to RPA 1983 concerning the use of commonly used names by candidates at Parliamentary elections. The commonly used name or names will appear on the ballot paper.
290. Subsection (2) of section 10 substitutes a new paragraph (2A) into rule 6 of the Parliamentary Elections Rules concerning the nomination of candidates. The new paragraph (2A) allows a candidate to use a forename, if commonly used, that is different from any other forename the candidate has, or a commonly used surname that is different from any other surname the candidate has. It also allows a candidate to use one or more commonly used forenames or a surname in a different way from the way in which the candidate’s names are stated on the nomination paper, for example, where the commonly used names are in a different order from the candidate’s formal full name, include only some of those names, or include additional names. This provides more flexibility than the existing rule.
291. Subsection (3) makes a consequential change to rule 14 of the Parliamentary Elections Rules (publication of statement of persons nominated).
292. Subsection (4) amends the form of nomination paper for Parliamentary elections to update the information provided for candidates about the use of commonly used names in light of the changes made by this section.

Section 11: Home address form: statement of local authority area

293. Section 11 amends rule 6 of the Parliamentary Elections Rules set out in Schedule 1 to the RPA 1983 concerning the nomination of candidates at Parliamentary elections.
294. Subsection (2) amends rule 6(5)(b) of the Parliamentary Elections Rules to provide that where a candidate does not wish their full home address to be made public and included on the ballot paper, they may choose (through the "home address form") that the local authority area (the "relevant area") within which their address is located will instead appear on the ballot paper. Currently, candidates may provide the name of the constituency within which their address is located instead of their home address, and the new provision gives an additional option as to the information that may be provided by candidates instead of their home address.
295. Subsection (2)(b) inserts a definition of "relevant area" for England, Wales, Scotland and Northern Ireland for the purposes of these provisions.
296. Subsection (3) amends the Form of the Front of the Ballot Paper for Parliamentary elections to give an example of a candidate providing the local authority area in which their home address is located instead of their home address or relevant constituency.

Northern Ireland elections

Section 12: Local elections and Assembly elections in Northern Ireland

297. Section 12 gives effect to Schedule 6 which contains changes relating to local elections in Northern Ireland, and changes for elections to the Northern Ireland Assembly, that correspond with provisions made in Part 1 of the Act for Parliamentary elections.

Schedule 6: Local elections in Northern Ireland and elections to the Northern Ireland Assembly

Part 1 - Local elections in Northern Ireland

298. Schedule 6 amends the legislation for local and assembly elections in Northern Ireland to reflect some of the changes made by Part 1 of the Act to the legislation for UK Parliamentary elections in Northern Ireland. Part 1 of the Schedule makes changes for local elections and Part 2 of the Schedule makes changes for assembly elections.
299. Paragraphs 2 to 5 of Part 1 amend the ELA (NI) 1962 in relation to the new offence of handling postal voting documents by political campaigners. Paragraph 2 amends the ELA (NI) 1962 and applies the existing incapacities for a person reported by an election court as guilty of a corrupt or illegal practice in section 96 ELA NI 1962 to those reported as guilty of the corrupt practice of the new offence of handling postal voting documents by political campaigners (see paragraph 265 below).
300. Paragraph 3 applies the existing provisions for the prosecution of corrupt practices (set out in section 108 of the ELA (NI) 1962) to those convicted of the new offence. Under these provisions, on indictment, the person would be liable to imprisonment for a term not exceeding two years, or a fine, or both. On summary conviction, the person would be liable to imprisonment for a maximum of six months, or to a fine, or to both.
301. Paragraph 4 applies the existing provisions in relation to incapacities (set out in section 112 of the ELA (NI) 1962) to persons convicted of the offence.
302. Paragraph 5 extends to the corrupt practice of handling postal votes by a political campaigner existing provision (set out in section 114 ELA (NI) 1962) that states that candidates shall not be liable nor his election avoided for corrupt practices committed by an agent unless the candidate has authorised or consented to the committing of the corrupt practice.
303. Paragraphs 7 to 22 of Schedule 6 amend Schedule 5 to the ELA (NI) 1962 (Local Election Rules).
304. Paragraph 7 substitutes a new paragraph (2A) into rule 5 of Schedule 5 concerning the nomination of candidates. The replaced paragraph (2A) allows a candidate to use a forename, if commonly used, that is different from any other forename the candidate has, or a commonly used surname that is different from any other surname the candidate has. It also allows a candidate to use one or more commonly used forenames or a surname in a different way from the way in which the candidate’s names are stated on the nomination paper, for example, where the commonly used names are in a different order from the candidate’s formal full name, include only some of those names, or include additional names. This provides more flexibility than the existing rule.
305. Paragraph 8 makes a consequential change to rule 12 of Schedule 5 (publication of statement of persons nominated).
306. Paragraph 9 inserts new rule 16B (date of births lists) into Schedule 5 to the ELA (NI) 1962. Under new rule 16B(1) the Chief Electoral Officer must provide to each polling station a list containing the date of birth supplied at registration for all electors allotted to vote at that polling station. The Chief Electoral Officer must also provide a list containing the dates of birth supplied at registration of all proxies voting on behalf of electors allotted to that polling station. Under Rule 16B(2) where the proxy is or will be on a register of local government electors in Great Britain the list should contain the date of birth of the proxy provided on the application for a proxy vote. Where the proxy is registered in both Northern Ireland and Great Britain, the list should contain the date of birth provided when they registered to vote in Northern Ireland. Rule 16B(3) provides that these lists should contain sufficient information to allow the staff at a polling station to carry out the checks when required.
307. Rule 16B(4) and (5) prohibit the Returning Officer, any person to whom the Returning Officer has delegated functions, the presiding officer, clerk or other officer appointed to work at the polling station from allowing date of birth lists to be inspected, supplying the lists to another person or making use of the information contained within the lists otherwise than in accordance with the rules including any regulations made under the rules.
308. Paragraph 10 amends rule 22 (provision of polling stations) of Schedule 5 to provide that every polling station must have an area for an elector to have their identification viewed in private.
309. Paragraph 11 amends rule 23 (appointment of presiding officers and clerks). Rule 23(3) enables clerks to act for the Presiding Officer, but paragraph 11 amends this to ensure that is not the case for refusing to issue a ballot paper in line with the procedures set out in rule 32(3) (failure to answer a statutory question satisfactorily).
310. Paragraph 12 amends rule 26 (equipment of polling stations). Paragraph 12(2) inserts a new sub-paragraph (3)(f) which requires the Returning Officer to provide each polling station with the date of birth lists prepared under Rule 16B (inserted by paragraph 9).
311. Paragraph 12(3) to (5) also amends rule 26 by replacing the requirement for Returning Officers to provide each polling station with a device for voters with sight loss with a broader requirement for the Returning Officer to provide each polling station with such equipment as is reasonable to enable, or make it easier, for voters with sight loss, and other disabilities, to vote independently in the manner directed by rule 34 of Schedule 5, which includes the procedure to mark the ballot paper secretly. "Secretly" here refers to which candidate(s) or options(s) an individual has voted for, and not the fact that they have voted. Paragraph 12(3) to (5) also introduces a requirement for the Electoral Commission to give guidance to support Returning Officers in carrying out the new, broader requirement to provide assistive equipment. It also places a duty on Returning Officers to have regard to that guidance. Because of the definition of disability in rule 35, the provisions also include a person who has a short-term inability to vote in the manner directed by rule 34.
312. The requirements under this provision in rule 26, do not affect any other statutory requirement or duty imposed on the Chief Electoral Officer under section 75 of the Northern Ireland Act 1998 or the Disability Discrimination Act 1995.
313. Paragraph 13 amends rule 32. When a person votes as a proxy voter, they may be asked certain questions by the Presiding Officer in the polling station. For local elections in Northern Ireland, the questions are set out at rule 32. Paragraph 13(2) amends the question ‘what is your date of birth’ so that it can be asked of a person voting as proxy, to ensure that the proxy is the elector they represent themselves to be.
314. Some of the questions that may be asked of a proxy voter are to ensure that the person is voting in accordance with the requirements on the number of persons for whom they may vote as a proxy. Paragraph 13(3) also removes a number of existing questions and inserts new questions in rule 32(2) to reflect that, at local elections in Northern Ireland, the Schedule limits the total number of electors for whom a person may act as a proxy to four, and within the four electors, to no more than two electors who are registered to vote otherwise in pursuance of a service declaration, regardless of the family relationship to the elector.
315. Paragraph 13(4) inserts new paragraph (2A) into rule 32 to provide that if the clerk asks any of the questions in paragraph 1 and 2 of rule 32 and they are not answered satisfactorily then they must refer the matter to a Presiding Officer.
316. Paragraph 13(5) amends rule 32(3) to provide that a Presiding Officer must refuse to deliver a ballot paper to a person if they fail to answer the statutory questions satisfactorily.
317. Paragraph 13(6) inserts new paragraph (6), which requires that a voter must be informed, before being asked one of the questions, that giving false information may be an offence and that a ballot paper will be refused if the person fails to answer each question satisfactorily.
318. Paragraph 14 amends rule 34 (voting procedure). Paragraph 14(3) inserts a new paragraph (2A) into rule 34 which provides that at the voter’s request, the polling station staff must arrange for the voter to have their identification viewed in private. The polling station staff must ensure that no other person can see the voter’s identification, except for any person permitted by the voter.
319. Paragraph 14(4) amends paragraph (3) in rule 34 such that a Presiding Officer must deliver a ballot paper to an elector unless:
     1. they believe that the voter’s age could not plausibly match that which is provided on their identification (this is already a requirement),
     2. they believe that the voter’s age does not plausibly match the date of birth supplied under a relevant provision ("relevant provision" is defined in new paragraph (5C) of rule 34, which is inserted by paragraph 14(7) (see below)). In the case of an elector or proxy registered to vote in Northern Ireland, this is the date of birth supplied when the voter registered to vote. In the case of proxies registered to vote in Great Britain, this is the date of birth supplied when the person was appointed as a proxy. (This is already a requirement for electors but is a new requirement for proxies)
     3. they have a reasonable suspicion that the identification is forged (this is a new requirement).
320. Paragraph 12(5) specifically adds the language of "reasonable suspicion" of a forged document to paragraph (4) of rule 34, allowing the Presiding Officer to refuse to give an elector a ballot paper in those circumstances. Paragraph 14(6) makes a similar change to paragraph (5) of rule 34, so that a polling clerk can refuse to issue a ballot paper to an elector where the clerk has a reasonable suspicion that their identification document is forged (as well as on existing grounds), in which case they must refer the matter to the Presiding Officer.
321. Paragraph 14(7) inserts a new paragraph (5A) which ensures that electors in Northern Ireland who have changed their name on their form of identification but not on the electoral register may provide additional proof of their identification to resolve this discrepancy, and will then still be able to obtain a ballot paper as long as the Presiding Officer has no other reason to doubt that the elector is who they claim to be. Paragraph 14(7) also inserts new paragraph (5B). If the Presiding Officer refuses to deliver a ballot paper to a voter because they have reasonable doubt that the voter is who they say they are, the voter can make further applications, and paragraphs (1A) to (5A) apply again.
322. Paragraph 14(7) also inserts a new paragraph (5C) which defines the term "relevant provision" for the purposes of rule 34(3).
323. Paragraph 14(8)(a) amends rule 34(6) to make clear that the identification documents IDs should be accepted in any format that they are issued in and regardless of any expiry date. Paragraph 14(8)(b)-(e) amends the list of documents at rule 34(6) that can be produced as identification by adding two new documents and adding the updated names of two existing documents.
324. Paragraph 14(9) insert paragraphs 6B which defines a forged document as one that is a false document made to resemble a real document and 6C which provides that only the Presiding Officer may inspect an ID document except as permitted by the voter.
325. Paragraph 15 updates cross references to rule 34 made by rule 35 to reflect changes made to rule 34.
326. Paragraph 16 amends rule 36 (voting by persons with disabilities). Paragraph 16(2) changes the qualifying requirement in paragraph 2 of rule 36 for a person to assist a voter with disabilities in the role of their ‘companion’ at the polling station. As a result, a companion is no longer required to be either entitled to vote in the election as an elector or a close family member of the voter who has attained the age of 18, but can be anyone aged 18 or over.
327. Paragraphs 16(3) updates cross references to rule 34 made in rule 36 to reflect changes made to rule 34.
328. Paragraph 17 updates cross references to rule 34 made in rule 37 to reflect changes made to rule 34.
329. Paragraph 18 updates cross references to rule 34 made in rule 38 to reflect changes to rule 34.
330. Paragraph 19 amends rule 41 (sealing and delivery of documents etc) by adding a new sub-paragraph (db) to paragraph (1). This requires that after the close of poll the Presiding Officer must put the dates of birth lists in a separate, sealed packet and deliver it to the Returning Officer.
331. Paragraph 20 amends rule 56A (destruction of home address forms) by expanding the rule to also cover date of birth lists. The amended rule requires the Chief Electoral Officer to, along with the home address forms, destroy the date of birth lists on the next working day following the 21st day after the member has been returned or if an election petition is presented before that time then on the next working day following the conclusion of proceedings or appeal.
332. Paragraph 21 amends the form of nomination paper (form 1) which is contained in the Appendix of Forms to reflect changes relating to candidates’ names made by paragraph 7 to rule 5.
333. Paragraph 22 amends the form of declaration (to be made by the companion of a voter with disabilities (form 10) which is contained in the Appendix of Forms to reflect the updated qualifying requirements.
334. Paragraphs 24 to 27 amend Schedule 9 (electoral misdemeanours) to the ELA (NI) 1962.
335. Currently, the corrupt practice of undue influence which is set out in section 115 of the RPA 1983 is duplicated in paragraph 3 of Schedule 9 to the ELA (NI) 1962 in respect of local government elections in Northern Ireland. Paragraph 24 substitutes a new paragraph 3 of Schedule 9 to that Act to mirror the new section 114A of the RPA 1983 as inserted by section 8 of this Act.
336. Paragraph 25 inserts new paragraph 5ZA into Schedule 9 which mirrors changes made to the RPA 1983 (new section 112A, inserted by section 4 of the Act) which introduces a new criminal offence banning political campaigners from handling postal voting documents issued to others.
337. New paragraph 5ZA(1) provides that those defined in paragraph 5ZA(6) as "political campaigners" commit an offence if they handle postal voting documents in relation to local elections in Northern Ireland. For these purposes, "political campaigners" is defined in sub-paragraph (6) and includes candidates, election agents and party workers.
338. New paragraph 5ZA(2) provides an exemption from the offence for specified persons who may handle postal votes in the normal course of their employment/duties, such as a postal operator.
339. New paragraph 5ZA(3) creates two further exemptions to this offence where the handler is a listed family member or carer of the postal voter.
340. New paragraph 5ZA(4) provides that it is a defence for a person charged with the offence to show that they did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at an election.
341. New paragraph 5ZA(5) provides that where sufficient evidence has been introduced to raise the defence as an issue, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
342. New paragraph 5ZA(6) sets out the persons who are deemed to be a political campaigner for the purpose of this section. A political campaigner is a person who is:
     1. a candidate at the election;
     2. an election agent of a candidate at the election;
     3. employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate;
     4. a member of a registered political party and carries on an activity designed to promote a particular outcome at the election;
     5. employed or engaged by a registered political party in connection with the party’s political activities;
     6. employed or engaged by a person within any of paragraphs (a) to (e) to carry on an activity designed to promote a particular outcome at the election;
     7. employed or engaged by a person within paragraph (f) to carry on an activity designed to promote a particular outcome at the election.
343. New paragraph 5ZA(7) defines some of the terms used in new paragraph 5ZA. New sub-paragraphs (8) to (10) provide some further interpretation of the terms used.
344. Paragraph 26 amends paragraph 12A of Schedule 9 to the ELA (NI) 1962 by inserting new sub-paragraph (1A) to provide for a new electoral offence at a local election in Northern Ireland.
345. New sub-paragraph (1A) makes it an offence for:

• a person ("P") to apply to appoint a proxy at (a) a particular local election in Northern Ireland, or (b) local elections in Northern Ireland, knowing that the person to be appointed is already appointed as a proxy for four or more other electors at (respectively) (a) that election or local elections in Northern Ireland, or (b) local elections in Northern Ireland or a particular local election in Northern Ireland, and
• where P is registered to vote at local elections in Northern Ireland otherwise than in pursuance of a service declaration, and P knows that the person to be appointed for (a) a particular local election in Northern Ireland or (b) local elections in Northern Ireland, is already appointed as a proxy at (respectively) (a) that election or these elections, or (b) a particular local election in Northern Ireland, or local elections, for two or more other electors who are registered to vote otherwise than in pursuance of a service declaration.

346. Paragraph 26 also amends sub-paragraph (4) of paragraph 12A to provide that a person is also guilty of an offence if they vote as proxy:

• for more than four electors at a local election in Northern Ireland or at local elections in Northern Ireland when (if more than one local election is being held on that day);
• for more than two electors at a local election in Northern Ireland or local elections (if more than one local election is being held on that day) in Northern Ireland, where that person knows that none of those electors is registered to vote at these elections in pursuance of a service declaration.

347. Paragraph 26(4) and (5) amend sub-paragraph (6) and insert new sub-paragraph (6A) into paragraph 12A under which it is an offence to vote more than once. Under sub-paragraph (6), applying for a ballot paper is treated as having voted. The amendment to sub-paragraph (6) and new sub-paragraph (6A) ensure that an elector would not be treated as having committed any offence related to trying to obtain multiple ballots simply because they made permitted further applications for a ballot paper, where the previous application(s) were refused under rule 34 of the local election rules (see above) on the grounds that they did not show an accepted form of identification.
348. A person found guilty of an offence under sub-paragraphs (1A) or (4) shall be guilty of an illegal practice and will be liable to a fine not exceeding level 5 on the standard scale in Northern Ireland.
349. Paragraph 27 amends the requirement to maintain the secrecy of voting set out in paragraph 27 of Schedule 9 to the ELA (NI) 1962 in order to extend it to postal and proxy voting at a local election in Northern Ireland.
350. Paragraph 27(3) inserts new sub-paragraphs (3A), (3B) and (3C) into paragraph 27 of Schedule 9 to the ELA (NI) 1962. New sub-paragraph (3A) mirrors existing secrecy provisions for voting in person and extends those to voting by post. Sub-paragraph (3A)(c) contains a restriction on obtaining or attempting to obtain information about which candidate the person has voted for. This restriction only applies when the person voting is about to mark, is marking or has just marked their postal ballot paper (sub-paragraph (3B)). Sub-paragraph (3A)(d) prohibits communicating information obtained in contravention of sub-paragraph (3A)(c) at any time to any other person.
351. New sub-paragraph (3C) provides that an elector who has appointed a proxy to vote by post on their behalf does not contravene sub-paragraph (3A) by obtaining from their proxy information relevant for the vote to be cast (except the official mark on a ballot paper) and the proxy does not contravene sub-paragraph (3A) by communicating such information to the elector who appointed them.
352. New sub-paragraphs (3D) and (3E) ensure that where a person is attempting to obtain from a postal voter, or communicate, information about which candidate the person has voted for, for the purposes (or the main purposes) of an exit or opinion poll, this is not an offence.
353. New sub-paragraph (3F) provides that a person voting as proxy for another elector at an election must not communicate at any time to any person, except the elector for whom they are voting as proxy, any information as to the candidate for whom that person is about to vote or has voted (as proxy), or, except for purposes authorised by law, the number or other unique identifying mark on the back of a ballot paper sent or delivered to that person.
354. Paragraph 27(4) inserts new sub-paragraphs (5) and (6) into paragraph 27 of Schedule 9 to the ELA (NI) 1962 to mirror existing secrecy requirements under sub-paragraph (3)(e) of paragraph 27. Paragraph 27(2) omits sub-paragraph (3)(e) of paragraph 27 of Schedule 9 as this only applies to a person (companion) assisting a blind voter by voting on their behalf, and the new sub-paragraphs (5) and (6) extend this to companions voting on behalf of voters who are blind, have other disabilities or are unable to read. Paragraph 12(4) amends the local elections rules to reflect this extension of the secrecy requirement.
355. The existing offence at section 111(2A)(d) of the ELA (NI) 1962 will apply to a person who acts in contravention of any of the secrecy requirements set out in paragraph 27 of Schedule 9 to the ELA (NI) 1962 , including the new requirements. A person found guilty shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale in Northern Ireland, or to imprisonment for up to 6 months.
356. Paragraphs 28 and 29 amend the Local Elections (Northern Ireland) Order 1985.
357. Paragraph 28 amends the eligibility requirements for a person to act as proxy in paragraph 3 (proxies at local elections) of Schedule 2 to the Local Elections (NI) Order 1985. Paragraph 28(2) inserts new sub-paragraph (1A) providing that a person is not capable of acting as proxy unless they are or will be registered in the register of local electors in Northern Ireland or Great Britain. Paragraph 28(3) removes the existing nationality requirements for a person to act as proxy in sub-paragraph (2)(b) of
358. Paragraph 28(4) substitutes new sub-paragraphs (4), (4A) and (4B) for the existing sub-paragraph (4) of paragraph 3. . It currently provides that a person may vote as a proxy voter at the same local election in Northern Ireland in any electoral area, on behalf of up to two electors and an unlimited number of specified family members. The amendment sets out the new limit of 4 on the total number of electors for whom a person is entitled to vote as proxy at a local election or local elections in Northern Ireland (no more than two of whom can be registered otherwise than in pursuance of a service declaration).
359. Paragraph 29 amends paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (NI) Order 1985 to provide that applications for a proxy vote must contain the date of birth of the proxy.
360. Paragraph 30 makes amendments to the Elected Authorities (Northern Ireland) Act 1989. Part 2 of Schedule 1 to that Act applies and modifies certain parts of the RPA 1983 in relation to local elections in Northern Ireland. Schedule 2 to the Elections Act amends section 53 of, and Schedule 2 (which concerns provisions which may be contained in regulations as to registration etc) to, the RPA 1983 by making or amending provisions in relation to applications for absent votes and applications for electoral identity cards and similar documents. These amendments are not required to be applied separately to local elections in Northern Ireland and so paragraph 30 disapplies these provisions from Part 2 of Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 accordingly.
361. Paragraph 31 amends the Elections Act 2001. Schedule 1 to the Elections Act 2001 applies with modifications to the Parliamentary elections rules where a local election in Northern Ireland is combined with a parliamentary election in Northern Ireland. Paragraph 31 ensures that the new questions relating to proxy limits are asked at local elections combined with parliamentary elections and that the right election is referred to.
362. Paragraphs 32 and 33 make provision in relation to existing proxy vote arrangements that are in place at the time that the new limit introduced by the Act in paragraph 26 of Schedule 6 on the number of persons for whom a person may act as proxy and the requirement in paragraph 28(2) that proxies be registered in a register of local registers comes into force
363. Paragraph 32 provides that existing proxy appointments at local elections in force as a result of an application made before the date on which the relevant provisions ("the relevant provisions") of the Schedule come into force, will cease on a day to be specified ("the specified day") in regulations by the Secretary of State. The relevant provisions are the offence in paragraph 26 of the Schedule relating to the appointment of proxies and the requirement in paragraph 28(2) that proxies be registered in a register of local registers. Electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules that provide that a person may act as proxy for up to four electors only or the rules requiring that the proxy be registered. The Chief Electoral Officer in Northern Ireland, will be required to send a notice to an elector who has appointed a proxy before the specified day informing them of the date on which their proxy vote arrangement will cease to be in force and information about how to make a fresh application to vote by proxy. Paragraph 32(4) requires that once a proxy appointment ceases to be in force under these provisions, the Chief Electoral Officer must as soon as practicable after this remove the entries relating to the appointment from the relevant absent voters’ record. Paragraph 32(5) requires that there can be more than one specified day if paragraphs 26 and 28(2) come into force on different days.
364. Paragraph 33 provides that an application for a proxy appointment that is made before, but not determined by, "the specified day" is to be treated as not having been made and the registration officer will be required to send the person information about how to make a fresh application. The paragraphs provide that these provisions do not apply where the application is made on or after the date on which the relevant provisions come into force. The effect of these provisions is that, if the relevant provisions are commenced before the specified day, any elector who has been granted a proxy vote before the specified day, on the basis of an application made on or after the date of commencement of the provision containing the offence, would be able to continue with those proxy arrangements, and an elector whose application for a proxy vote is still being processed on the specified day would not need to make a fresh application to vote by proxy. Paragraph 33(5) provides that there can be more than one specified day if paragraphs 26 and 28(2) come into force on different days. These provisions are designed to enable the transitional arrangements for existing proxy voters to run smoothly.

Part 2 - Elections to the Northern Ireland Assembly

365. Part 2 of Schedule 6 makes changes for elections to the Northern Ireland Assembly. Paragraphs 35 to 46 amend the Northern Ireland Assembly (Elections) Order 2001 (‘the 2001 Order’)
366. The 2001 Order applies, with modifications, provisions of the RPA 1983 to Assembly elections in Northern Ireland. Therefore, most of the changes made in the Act for Parliamentary elections in Northern Ireland will automatically apply for the purpose of Assembly elections in Northern Ireland. Paragraphs 35 to 46 modify some of the changes made by the Act for Parliamentary elections for the purpose of Northern Ireland Assembly elections or ensure that any new sections inserted into the RPA 83 Act are applied to the Assembly Order.
367. Paragraph 36 modifies new section 61(1A) RPA 1983 (offences relating to the limit on proxies) as it applies to the 2001 Order by removing the references to the person acting as proxy already being appointed to vote for two or more electors at Parliamentary elections. This is because there is no indefinite absent vote list for Assembly elections, instead the indefinite absent vote list for local elections applies to Assembly elections. A person can only apply for a proxy at assembly elections for a particular election.
368. Paragraph 37 modifies subsection (8) of new section 112A (handling of postal voting documents by political campaigners) as it applies to the 2001 Order. Subsection (8) defines the terms postal voting documents and refers to a postal voting statement. This term is not relevant in Northern Ireland where it is instead known as the declaration of identity. Therefore, the reference to a postal voting statement in section 112A(8) is omitted as it applies to Assembly elections.
369. Paragraph 38 amends the 2001 Order by modifying the table for the entry relating to section 115 of the RPA 1983. The effect of this amendment is that new section 114A RPA 1983 instead applies in respect of elections to the Northern Ireland Assembly.
370. Paragraphs 39 to 44 modify entries in Schedule 1 to the RPA 1983 (Parliamentary elections rules) as they apply to Assembly elections in the 2001 Order.
371. Paragraph 39 amends the 2001 Order by modifying the entry for new rule 19B (preparation of date of birth lists.) The modification substitutes the wording "register of parliamentary electors in Great Britain" and replaces it with "register of local government electors in Great Britain" in (2)(b)of rule 19B. This is to ensure that the correct information is included in the lists as proxy voters must be registered as local electors to vote at Assembly elections
372. Paragraph 41 amends rule 31 (notification of requirement of secrecy) by omitting the current modification ‘in paragraph a for "blind voter" substitute voter with disabilities.’ This modification is no longer needed as the amendments made in the Act to rule 31 of the Parliamentary Election Rules in section 7(6) of the Act will automatically apply to Assembly elections. section 7(6) substitutes relevant voter for ‘blind voter’ and defines relevant voter as a voter who is blind or has another disability or is unable to read. This modification is no longer needed as the amendments made in the Act to rule 31 of the Parliamentary Election Rules in section 7(6) of the Act will automatically apply to Assembly elections. Section 7(6) substitutes relevant voter for ‘blind voter’ and defines relevant voter as a voter who is blind or has another disability or is unable to read.
373. Paragraph 42 modifies paragraph (1DC) of rule 37 (voting procedure) as it applies to Assembly elections. Rule 37(1DC)(a) and (b) provides a definition of the relevant provision referred to in Rule 37(1B). Rule 37(1B) places a duty on polling station staff to check the date of birth of a voter in specific cases against that given either at registration if the voter is registered in Northern Ireland (sub-paragraph (a)) or against the application for a proxy vote where the voter is registered in a register of parliamentary electors in Great Britain and they do not also fall within sub-paragraph (a). (sub-paragraph (b)). Paragraph 38 modifies the applied version of sub-paragraph (b) so that it instead refers to voters registered in a register of local government electors in Great Britain and dates of birth provided in a proxy voting application under Northern Ireland local election legislation or parliamentary legislation as it applies to Assembly elections. This ensures polling staff can check the correct information as voters must be registered as a local elector in order to vote at Assembly elections and proxies for a particular assembly election are appointed under different provisions to those appointed for an indefinite period.
374. Paragraph 43 modifies rule 38 (votes marked by the Presiding Officer) as it applies to Assembly elections. Paragraph 43 modifies Rule 38 so that references to marking the ballot paper are changed from marking the vote to reflect the single transferable vote system in Northern Ireland.
375. Paragraph 44 inserts a new entry Rule 53B (destruction of date of birth lists) into the 2001 order. This applies Rule 53B of the parliamentary election rules to Assembly elections, which requires the Chief Electoral Officer to destroy the date of birth lists on the next working day following the 21st day after the member has been returned or if an election petition is presented before that time then on the next working day following the conclusion of proceedings or appeal.
376. Paragraph 45 modifies section 8(2A) of the RPA 1985 as applied to Assembly elections to provide that a person on the register in Great Britain acting as a proxy for an elector at an Assembly election in Northern Ireland would need to be on the local register in Great Britain in order to be eligible to be proxy at a Northern Ireland Assembly election.
377. Paragraph 46 amends in the Annex the form of declaration to be made by the companion of a voter with disabilities to reflect the updated qualifying requirements to be a companion which is that they must be aged 18 or over. They do not need to be a close family member.
378. Paragraphs 47 and 48 make provision about existing proxy arrangements which are already in place. Paragraph 47 provides that existing proxy appointments at Assembly elections (in force as a result of an application made before the date on which paragraphs 2and 6(2) of Schedule 4 ("the relevant provisions") come into force) will cease on a day to be specified ("the specified day") in regulations by the Secretary of State. Electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules that provide that a person may act as proxy for up to four electors only. The Chief Electoral Officer in Northern Ireland, will be required to send a notice to an elector who has appointed a proxy before the specified day informing them of the date on which their proxy vote arrangement will cease to be in force and information about how to make a fresh application to vote, by proxy.
379. Paragraph 47(4) requires that once a proxy appointment ceases to be in force under these provisions, the Chief Electoral Officer must as soon as practicable after this remove the entries relating to the appointment from the relevant absent voters’ record. Paragraph 47(5) provides that there can be more than one specified day if the relevant provisions come into force on different days.
380. Paragraph 48 provides that an application for a proxy appointment that is made before, but not determined by, "the specified day" is to be treated as not having been made and the registration officer will be required to send the person information about how to make a fresh application. The paragraphs provide that these provisions do not apply where the application is made on or after the date on which the relevant provisions come into force. The effect of this provisions is that, if the offence concerning the appointment of proxies is commenced before the specified day, any elector who has been granted a proxy vote before the specified day, on the basis of an application made on or after the date of commencement of the relevant provisions, would be able to continue with those proxy arrangements, and an elector whose application for a proxy vote is still being processed on the specified day would not need to make a fresh application to vote by proxy. These provisions are designed to enable the transitional arrangements for existing proxy voters to run smoothly. Paragraph 47(5) provides that there can be more than one specified day if the relevant provisions come into force on different days.

Section 13 - Simple majority system to be used in elections for certain offices

381. Section 13 amends the existing primary legislation providing for the election of Police and Crime Commissioners (PCCs) in England and Wales, and the Mayor of London, combined authority mayors and local authority mayors in England, to change the voting system from the Supplementary Vote (SV) system to the Simple Majority system, also known as "First Past the Post".
382. Subsections (1) to (6) relate to elections for the Mayor of London. Section 4 of the Greater London Authority Act 1999 is amended to remove provision for the SV system to apply where there are three or more candidates (Simple Majority voting already applies where there are only two candidates); section 16 is amended to change the voting system to be used at by-elections for the Mayor of London and the definition of "mayoral vote", which is now redundant, is removed from section 29. Schedule 2, which sets out the details of the SV and counting system, is repealed. The Representation of the People Act 1983 is amended at section 165 to remove subsection (4) which clarifies that a vote deemed to be thrown away in connect with provision for the avoidance of election for employing a corrupt agent applies only to the affected first preference or second preference vote i.e., the elector’s other vote is not deemed to be thrown away.
383. Subsections (7) to (11) relate to elections for local authority mayors. Section 9HC of the Local Government Act 2000 is amended to replace provision for the SV system with provision for Simple Majority voting; references to first preference and second preference votes are removed from section 9HD (entitlement to vote) and from the list of definitions at section 9R. The application of Schedule 2, which sets out the vote counting process under the SV system for elections with three or more candidates for local authority mayor, is amended so that it only applies in Wales.
384. Subsections (12) to (15) relate to elections for combined authority mayors. Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 is amended at paragraph 4 to replace provision for the SV system with provision for Simple Majority voting. Paragraph 5, which applies the SV system to elections where there are three or more candidates, is repealed, and references to first preference and second preference votes in the context of entitlement to vote are removed from paragraph 6.
385. Subsections (16) to (18) relate to elections for Police and Crime Commissioners. Section 57 of the Police Reform and Social Responsibility Act 2011 is amended to replace provision for the SV system with provision for Simple Majority voting; the application of Schedule 9 which sets out the vote counting process under the SV system for elections with three or more candidates for a Police and Crime Commissioner is repealed. Schedule 9 itself is also repealed.