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The Greater London Authority (Referendum Arrangements) Order 1998

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PART IIIPostal ballot papers

1.  The Representation of the People Regulations 1986 (including those Regulations insofar as they are applied, with or without modifications, in relation to the referendum by article 12) shall have effect subject to the provisions of this Part; and, in this Part, a reference to a numbered regulation is a reference to the regulation bearing that number in those Regulations.

2.  The proceedings under Part V of those Regulations on the issue and receipt of postal ballot papers in respect of the ordinary election and of the referendum may be taken together.

3.  Where the proceedings on the issue and receipt of postal ballot papers are taken together under paragraph 2 above—

(a)the application by article 12 of regulation 80(1), and the modification of regulation 91(1) in column (2) of Table 4 of Schedule 1, shall not have effect;

(b)for the purpose of regulation 83—

(i)one mark shall be placed in the absent voters list or the list of postal proxies under paragraph (1) of that regulation to denote that ballot papers have been issued in respect of the polls at the ordinary election and the referendum, except that where ballot papers are not so issued a different mark shall be placed in the absent voters list or list of postal proxies to identify the poll in respect of which the ballot paper was issued; and

(ii)the number of each ballot paper shall be marked on the declaration of identity under paragraph (2) of that regulation; and

(c)in regulations 85(1) and (2), 92(2), (3), (6)(c) and (7) and 94(2)(c) references to ballot papers shall be construed as references to the ballot paper for the ordinary election and the ballot paper for the referendum;

(d)if a postal voter exercises the entitlement conferred by paragraph (1) of regulation 89—

(i)he shall, together with the documents referred to in that paragraph, return all of the postal ballot papers issued to him, whether spoilt or not; and

(ii)on receipt of those documents, the returning officer shall issue other postal ballot papers except where the documents are received too late for other ballot papers to be returned before the close of poll; and

(iii)the spoilt postal ballot paper, and any other postal ballot paper issued with it under paragraph 2 above, the declaration of identity and the ballot paper envelope shall be immediately cancelled.

4.  Where the proceedings on the issue and receipt of postal ballot papers are taken together under paragraph 2 above, the declaration of identity for the purposes of rule 19 shall be in the form set out in the Appendix to the election rules with the following modifications—

(a)on the front of the form—

(i)immediately below “REPRESENTATION OF THE PEOPLE ACTS” insert “LOCAL GOVERNMENT ELECTION AND GREATER LONDON REFERENDUM”;

(ii)for “Ballot Paper No.” substitute “Ballot Paper No(s).” and for “the ballot paper numbered as above was sent” substitute “the ballot papers numbered as above were sent”; and

(iii)after “WRITE CLEARLY” in both places insert “IN CAPITALS”

(b)on the back of the form—

(i)for paragraphs 2 and 3 substitute—

2.(a) On the [specify colour] ballot paper for the Greater London referendum mark a cross (X) in the box to the right of the answer you are voting for.

(b)On the [specify colour] ballot paper for the borough council election mark a cross (X) in the box on the right hand side of the ballot paper opposite the name(s) of the candidate(s) you are voting for. The ballot paper tells you how many candidates you may vote for. Do not vote for more than that number.

3.  Put no other mark on the ballot papers or your votes may not be counted. Mark your ballot papers secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.;

(ii)in paragraph 4 for “ballot paper” in each place substitute “ballot papers”;

(iii)in paragraph 5 after “ballot paper” insert “relating to the Greater London referendum or the borough council election” and for “the same election” substitute “the referendum or the election”;

(iv)in paragraph 6 after “election” insert “and the Greater London referendum”; and

(v)for paragraph 7 substitute—

7.  If you inadvertently spoil any postal ballot paper, you can apply to the returning officer for another one. To do this you MUST RETURN ALL OF THE POSTAL BALLOT PAPERS YOU HAVE RECEIVED, including the spoilt ballot paper. In addition, in your application for fresh postal ballot papers you MUST RETURN, in your own envelope, the declaration of identity and the envelopes marked “A” and “B”. Remember that there is little time available if fresh postal ballot papers are to be issued and counted..

5.  Where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2 above—

(a)the colour of each postal ballot paper shall be marked on the declaration of identity sent with that paper;

(b)the envelope referred to in regulation 85(1) shall also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”; and

(c)on the envelope referred to in regulation 85(2), after the words “Ballot paper envelope”there shall be added the words “for the [insert colour of ballot paper] coloured ballot paper”.

6.  Where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2 above, the declaration of identity for the purposes of rule 19 shall be in the form set out in the Appendix to the election rules or, as the case may be, the referendum rules, in each case with the following modifications—

(a)on the front of the form, for “I hereby declare that I am the person to whom the ballot paper numbered as above was sent” substitute “To be returned with the [insert colour of ballot paper] coloured ballot paper No ... ... ... ...I hereby declare that I am the person to whom the [insert colour of ballot paper] coloured ballot paper numbered as above was sent.”;

(b)on the back of the form—

(i)after the end of the first sentence of paragraph 1, insert “You are required to do this even if you have already signed a similar declaration of identity in respect of [the borough council election] [the Greater London referendum] to be held on the same day.

(ii)for paragraph 4 substitute—

4.  Different colours are used for the ballot papers for the borough council election and the Greater London referendum. Each ballot paper has its own ballot paper envelope (the smaller envelope marked “A”), declaration of identity and covering envelope (the larger envelope marked “B”). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows:

(a)place [each] ballot paper in the correct smaller envelope and seal it;

(b)put that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;

(c)return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of poll.; and

(iii)for paragraph 5 substitute—

5.  If you receive more than one ballot paper relating to the borough council election or the Greater London referendum, remember that it is illegal to vote more than once (otherwise than as a proxy) at that election or referendum.

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