Schedules

Schedule 4Proxy voting: limits and transitional provision

I12

I31

Section 61 (other voting offences) is amended as follows.

I22

After subsection (1) insert—

1A

A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—

a

at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors;

b

at a parliamentary election where—

i

P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

c

at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors;

d

at a local government election in England where—

i

P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration;

e

at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors;

f

at parliamentary elections where—

i

P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

g

at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors;

h

at local government elections in England, where—

i

P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.

3

After subsection (3A) insert—

3B

A person (“P”) is also guilty of an offence if P votes as proxy—

a

for more than four electors—

i

at a parliamentary election;

ii

where the polls for two or more parliamentary elections are held on the same day, at those elections taken together;

iii

at a local government election in England;

iv

where the polls for two or more local government elections in England are held on the same day, at those elections taken together;

b

for more than two electors—

i

at a parliamentary election, or

ii

where the polls for two or more parliamentary elections are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration;

c

for more than two electors—

i

at a local government election in England, or

ii

where the polls for two or more local government elections in England are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.

4

In subsection (4)—

a

omit “at a parliamentary election in any constituency or”;

b

after “any electoral area” insert “in Wales or Scotland”.

5

In subsection (6), after “subsection” insert “(3B) or”.