The Local Elections (Northern Ireland) Order 1985

Voting offences

14.—(1) The following amendments shall be made to Schedule 9 to the Act of 1962 (electoral offences).

(2) In sub-paragraph (a) of paragraph 5 (offences as to proxy voting) after the word “parliamentary” there shall be inserted the words “or local”.

(3) In paragraph 10(1) (offences in connection with legal incapacity to vote):—

(a) at the end of paragraph (a), there shall be added the words “or votes by post at a local election”, and

(b) in paragraph (b), after the word “parliamentary” there shall be inserted the words “or local”.

(4) In paragraph I I(b) (voting in person where entitled to vote by post) after the word “parliamentary” there shall be inserted the words “or local”.

(5) In paragraph 12(1)(b) (voting as proxy for person subject to legal incapacity), after the word “votes” there shall be inserted the words “(at a local election, whether in person or by post)”.

(6) After paragraph 12 (proxy offences) there shall be inserted the following paragraph:—

“12A.— (1) For the purposes of the offences in sub-paragraphs (c) and (d) of paragraph 11 (voting offences as elector at local elections) and sub-paragraph (d) of paragraph 12(2) (voting offence as proxy at local elections) a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

(2) Where a person is alleged to have committed an offence under the provisions referred to in sub-paragraph (1) by voting on a second or subsequent occasion, he shall not be deemed by virtue of that sub-paragraph to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 37(4) of the local elections rules.”.