PART VISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
Issue of postal ballot papers
Combination of polls65.
Where the polls at parliamentary and European Parliamentary elections are taken together under subsection (1) or (2) of section 15 of the 1985 Act, the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.
Form of F1postal voting statement66.
(a)
in Form G at a parliamentary election taken alone;
(b)
in Form H at a parliamentary election where the proceedings on the issue and receipt of postal ballot papers are taken together with those proceedings at another election;
(c)
in Form J at a parliamentary election where the poll is taken together with the poll at another election, but where the proceedings on the issue and receipt of postal ballot papers are not.
Persons entitled to be present at proceedings on issue of postal ballot papers67.
F2Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000, No person may be present at the proceedings on the issue of postal ballot papers other than the returning officer and his staff.
Persons entitled to be present at proceedings on receipt of postal ballot papers68.
F3Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000, no person may be present at the proceedings on the receipt of postal ballot papers other than–
(a)
the returning officer and his staff,
(b)
a candidate,
(c)
an election agent or any person appointed by a candidate to attend in his election agent’s place, and
(d)
any agents appointed under regulation 69 below.
Agents of candidates who may attend proceedings on receipt of postal ballot papers69.
(1)
Each candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number he may be authorised by the returning officer to appoint; the number authorised shall be the same in the case of each candidate.
(2)
Notice in writing of the appointment stating the names and addresses of the persons appointed shall be given by the candidate to the returning officer before the time fixed for the opening of the postal voters' ballot box.
(3)
Where postal ballot papers for more than one election are issued together under regulation 65 above, the returning officer to whom notice shall be given under paragraph (2) above and paragraphs (4) and (5) below is the returning officer who issues the postal ballot papers.
(4)
If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.
(5)
Agents may be appointed and notice of appointment given to the returning officer by the candidate’s election agent instead of by the candidate.
(6)
In this Part of these Regulations references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under paragraph (1) above, who are within the number authorised by the returning officer.
(7)
A candidate may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.
(8)
Where in this Part of these Regulations any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy70.
Time when postal ballot papers are to be issued71.
(1)
In the case of a person shown in the record kept under–
(a)
paragraph 3(4), or
(b)
paragraph 7(6),
of Schedule 4 to the 2000 Act (electors and proxies entitled to vote by post for an indefinite or particular period), no postal ballot paper (and F1postal voting statement) shall be issued until after 5 p.m. on the eleventh day before the date of the poll (computed in accordance with regulation 56(6) above).
(2)
Procedure on issue of postal ballot paper72.
F5(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
The number of the elector as stated in the register shall be marked on the F6corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector.
(3)
(4)
The number of a postal ballot paper shall be marked on the F1postal voting statement sent with that paper.
(5)
Where postal ballot papers for more than one election are issued together under regulation 65 above–
(a)
one mark shall be placed in the F7postal voters list or the F8proxy postal voters list under paragraph (3) above to denote that ballot papers have been issued in respect of all those elections; except that, where ballot papers are not so issued, a different mark shall be placed in the F7postal voters list or F8proxy postal voters list to identify the election in respect of which the ballot paper was issued; and
(b)
the number of each ballot paper shall be marked on the F1postal voting statement under paragraph (4) above.
(6)
Where the poll at one election is taken with the poll at another election under the provisions referred to in regulation 65 above but the proceedings on the issue and receipt of postal ballot papers are not taken together, the colour of the postal ballot paper shall also be marked on the F1postal voting statement sent with that paper.
F9(7)
F10Subject to paragraph (8), The address to which the postal ballot paper, F1postal voting statement and the envelopes referred to regulation 74 below are to be sent is–
(a)
in the case of an elector, the address shown in the F7postal voters list;
(b)
in the case of a proxy, the address shown in the F11proxy postal voters list.
F12(8)
Where a person has an anonymous entry in the register, the items specified in paragraph (7) must be sent (as the case may be) to the address to which postal ballot papers should be sent–
(a)
as shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4; or
(b)
as given in pursuance of an application made under paragraph 4(1) or 7(4)(b) of Schedule 4.
Refusal to issue postal ballot paper73.
Envelopes74.
(1)
(2)
There shall be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the F1postal voting statement (referred to as a “covering envelope”) which shall be marked with the letter “B”.
(3)
There shall also be issued a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with–
(a)
the letter “A”;
(b)
the words “ballot paper envelope”, and
(c)
F15unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed, the number of the ballot paper or, as the case may be, ballot papers.
(4)
Where polls are taken together (under the provisions referred to in regulation 65 above) but not the proceedings on the issue and receipt of postal ballot papers–
(a)
the envelope referred to in paragraph (2) above shall also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”, and
(b)
on the envelope referred to in paragraph (3) above, after the words “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper] coloured ballot paper”.
Sealing up of F16completed corresponding number lists and security of special lists75.
(1)
As soon as practicable after the issue of each batch of postal ballot papers, the returning officer shall make up into a packet the F17completed corresponding number lists of those ballot papers which have been issued and shall seal such a packet.
F18(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(3)
Until the time referred to in regulation 84(8), the returning officer shall take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.
Delivery of postal ballot papers76.
(1)
For the purposes of delivering postal ballot papers, the returning officer may use–
(a)
a universal postal service provider;
(b)
a commercial delivery firm, or
(c)
persons appointed under rule 26(1) of the elections rules.
(2)
Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.
(3)
Postage shall be prepaid on envelopes addressed to the postal voters (except where paragraph (1)(c) above applies).
(4)
Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.
Spoilt postal ballot papers77.
F20(1)
If a postal voter has inadvertently dealt with his postal ballot paper or F1postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a F1postal voting statement (referred to as “a spoilt F1postal voting statement”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper or, as the case may be, the spoilt F1postal voting statement.
(2)
Where a postal voter exercises the entitlement conferred by paragraph (1), he shall also return–
(a)
the postal ballot paper or, as the case may be, the F1postal voting statement, whether spoilt or not;
(b)
where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued, whether spoilt or not; and
(c)
the envelopes supplied for the return of the documents mentioned in paragraph (1) or sub paragraph (a) or (b).
(3)
F21Subject to paragraph (3A), on receipt of the documents referred to in paragraph (1) and, where applicable paragraph (2) above, the returning officer shall issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after F225 p.m. on the day of the poll.
F23(3A)
Where the returning officer receives the documents referred to in paragraph (1) and, where applicable paragraph (2), after 5 p.m. on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returns the documents by hand.
(4)
Regulations 72 (except paragraph (3)), 74, 75 and, subject to paragraph (7) below, 76 above shall apply to the issue of a replacement postal ballot paper under paragraph (3) above.
F24(5)
Any postal ballot paper or F1postal voting statement, whether spoilt or not, returned in accordance with paragraph (1) or (2) shall be immediately cancelled.
(6)
The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.
F25(7)
Where a postal voter applies in person–
(a)
by 5 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or
(b)
after 5 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,
instead of delivering it in accordance with regulation 76.
(8)
The returning officer shall enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)–
(a)
the name and number of the elector as stated in the register F26(or, in the case of an elector who has an anonymous entry, his electoral number alone);
(b)
the number of the postal ballot paper (or papers) issued under this regulation; and
(c)
where the postal voter whose ballot paper is spoilt is a proxy, his name and address.
Lost postal ballot papers78.
F27(1)
Where a postal voter claims either to have lost or not to have received–
(a)
his postal ballot paper, or
(b)
the F1postal voting statement, or
(c)
one or more of the envelopes supplied for their return,
by the third day before the day of the poll, he may apply (whether or not in person) to the returning officer for a replacement ballot paper.
(2)
Such an application shall include evidence of the voter’s identity.
F28(2A)
Where a postal voter exercises the entitlement conferred by paragraph (1), he shall return–
(a)
the documents referred to in paragraph (1)(a) to (c); and
(b)
where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued,
which he has received and which have not been lost.
(2B)
Any postal ballot paper or F1postal voting statement returned in accordance with paragraph (2A) shall be immediately cancelled.
(2C)
The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.
(3)
F29Subject to paragraph (3A), where the application is received by the returning officer before F305 p.m. on the day of the poll and the returning officer–
(a)
is satisfied as to the voter’s identity, and
F31(b)
has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the F1postal voting statement or one or more of the envelopes provided for their return
he shall issue another postal ballot paper or, as the case may be, postal ballot papers.
F32(3A)
Where the application is received by the returning officer after 5 p.m. on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter applies in person.
(4)
The returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)–
(a)
the name and number of the elector as stated in the register F33(or, in the case of an elector who has an anonymous entry, his electoral number alone);
(b)
the number of the lost postal ballot paper and of its replacement issued under this regulation; and
F34(c)
where the postal voter is a proxy, his name and address.
(5)
Regulations 72 (except paragraph (3)), 74, 75 and, subject to paragraph (6) below, 76 above shall apply to the issue of a replacement postal ballot paper under paragraph (3) above.
F35(6)
Where a postal voter applies in person–
(a)
by 5 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or
(b)
after 5 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,
instead of delivering it in accordance with regulation 76.
(7)
Where the registration officer issues another ballot paper, or, as the case may be, postal ballot papers under paragraph (3) above, the lost ballot paper shall be void and of no effect.