PART VISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
Interpretation of Part VI3C764
For the purposes of this Part of these Regulations, unless the context otherwise requires–
F24...
“agent” includes the election agent and a person appointed to attend in the election agent’s place;
“ballot paper envelope” and “covering envelope” mean the envelopes referred to in regulation 74 below;
F25...
“postal ballot paper” means a ballot paper issued to a postal voter;
“postal voter” means an elector or proxy who is entitled to vote by post;
“postal voters' ballot box” means the ballot box referred to in regulation 81(1)(a) above;
“receptacle for ballot paper envelopes”, and other references to specified receptacles, means the receptacles referred to in regulation 81(5) below;
“spoilt postal ballot paper” means a ballot paper referred to in regulation 77(1) below;
“universal postal service provider” has the meaning given in F58Part 3 of the Postal Services Act 2011 to a “universal service provider”; and
F48“valid postal voting statement” means a postal voting statement which, in accordance with regulation 85 or 85A, the returning officer is satisfied has been duly completed.
Issue of postal ballot papers
Combination of pollsF8265
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form of F20postal voting statementI1466
The form of the F20postal voting statement for the purposes of rule 24 of the rules in Schedule 1 to the 1983 Act41 shall be–
a
in Form G at a parliamentary election taken alone;
F93b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 papersI1C867
F26Without 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 papersI15C968
F27Without 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 papersI20C1769
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.
F833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 secrecyI19C1870
The returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the Act of 198342.
F62Time when postal ballot papers are to be issuedC171
Postal ballot papers (and postal voting statements) must be issued by the returning officer as soon as it is practicable to do so.
Procedure on issue of postal ballot paperI16C272
F331
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The number of the elector as stated in the register shall be marked on the F34corresponding 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 F20postal voting statement sent with that paper.
F845
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F846
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17
F29Subject to paragraph (8), The address to which the postal ballot paper, F20postal 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 F30postal voters list;
b
in the case of a proxy, the address shown in the F31proxy postal voters list.
F288
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 paperI5C1573
EnvelopesI12C1074
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 F20postal 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
F37unless 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.
F854
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sealing up of F21completed corresponding number lists and security of special listsI10C1175
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 F38completed corresponding number lists of those ballot papers which have been issued and shall seal such a packet.
F392
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F403
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 papersI9C1976
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 papersI22C377
F31
If a postal voter has inadvertently dealt with his postal ballot paper or F20postal 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 F20postal voting statement (referred to as “a spoilt F20postal 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 F20postal 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 F20postal voting statement, whether spoilt or not;
b
F86... and
c
the envelopes supplied for the return of the documents mentioned in paragraph (1) or sub paragraph (a) F87....
3
F4Subject 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 F55 p.m. on the day of the poll.
F23A
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.
F65
Any postal ballot paper or F20postal 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.
F77
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 F41(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 papersI13C478
F101
Where a postal voter claims either to have lost or not to have received–
a
his postal ballot paper, or
b
the F20postal voting statement, or
c
one or more of the envelopes supplied for their return,
by the F59fourth 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.
F92A
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); F88...
F88b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
which he has received and which have not been lost.
2B
Any postal ballot paper or F20postal 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
F11Subject to paragraph (3A), where the application is received by the returning officer before F125 p.m. on the day of the poll and the returning officer–
a
is satisfied as to the voter’s identity, and
F13b
has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the F20postal 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.
F83A
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 F42(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
F14c
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.
F156
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.
F60Cancellation of postal ballot papersC2878A
1
Where, after the final nomination day at a parliamentary F81... election, an application under—
a
paragraph 3(5)(a) of Schedule 4 to the 2000 Act (application to be removed from the record of absent voters),
b
paragraph 3(6) or 4(3)(b) of that Schedule (application to vote by proxy by a person recorded as voting by post),
c
paragraph 3(7) of that Schedule (application to vote by post by person recorded as voting by proxy),
d
paragraph 4(3)(a) of that Schedule (application for postal ballot paper to be sent to different address),
e
paragraph 6(7) or (8) of that Schedule (appointment of proxy),
f
paragraph 7(7) of that Schedule (application from postal proxy voter for postal ballot paper to be sent to a different address), or
g
paragraph 7(9)(a) of that Schedule (application by proxy to be removed from record of postal proxies),
is granted or a notice under paragraph 6(10) of that Schedule (cancellation of proxy appointment) is received, and the application or notice is not to be disregarded for the purposes of that election under regulation 56, the registration officer must notify the returning officer who must immediately cancel any postal ballot paper issued to the elector or proxy and, in the case of an application mentioned in sub-paragraph (d) or (f), must issue a replacement ballot paper.
2
Where a person returns a postal ballot paper that has been or is to be cancelled in accordance with paragraph (1) (whether to the registration officer or the returning officer), it must be dealt with as follows—
a
the ballot papers, together with any other ballot papers, postal voting statements or covering envelopes which are returned to the registration officer must be given by the registration officer to the returning officer;
b
any document returned in accordance with this paragraph but not cancelled in accordance with paragraph (1) must be immediately cancelled;
c
the returning officer, as soon as practicable after receiving and 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 returned in accordance with this paragraph, 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
The returning officer must enter in a list kept for the purpose of recording postal ballot papers cancelled under this regulation (“the list of cancelled postal ballot papers”)—
a
the name and number of the elector as stated in the register of electors (or, in the case of an elector who has an anonymous entry, their electoral number alone);
b
the number of the cancelled postal ballot paper;
c
the number of any replacement postal ballot paper issued under paragraph (1); and
d
where the postal voter is a proxy, their name and address.
4
Regulations 72 (except paragraph (3)), 74, 75 and 76 apply to a replacement postal ballot paper issued under paragraph (1).
5
In this regulation “the final nomination day” has the meaning given by section 13B(5) of the 1983 Act.
Receipt of postal ballot papers
Alternative means of returning postal ballot paper or F20postal voting statementI18C579
1
For the purposes of rule 45(1B) of the elections rules–
a
the manner in which a postal ballot paper or F20postal voting statement may be returned to a polling station in the same constituency, is by hand;
b
the manner in which such a paper or F43statement may be returned to the returning officer is by post or by hand.
2
F17Subject to F95paragraphs (2A) or (3), the presiding officer of the polling station shall deliver, or cause to be delivered, any postal ballot paper or F20postal voting statement returned to that station F96and any return of postal voting documents form to the returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.
F942A
A postal ballot paper or postal voting statement may only be delivered to the returning officer in accordance with paragraph (2) if the requirements of regulation 79A are met and the paper and statement are not rejected in accordance with regulation 79B or 79D.
F163
The returning officer may collect, or cause to be collected, any postal ballot paper or F20postal voting statementF97or return of postal voting documents form which by virtue of paragraph (2) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him.
4
Where the returning officer collects, or causes to be collected, any postal ballot paper or F20postal voting statementF98or return of postal voting documents form in accordance with paragraph (3) the presiding officer must first make up into separate packets sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet—
a
the postal ballot papers and postal voting statements;
b
the return of postal voting documents forms for those postal ballot papers and postal voting statements.
F91Requirements of return of postal voting documents form79A
1
The requirements of this regulation are—
a
the person handing in a postal voting document (“P”) completes a form containing the following information (a “return of postal voting documents form”)—
i
P’s name and address,
ii
whether P is handing in P’s own postal voting documents,
iii
the number of other electors for whom P is handing in postal voting documents,
iv
the total number of envelopes containing postal ballot papers P is handing in, including P’s own,
v
the reason P is handing in postal voting documents for other electors,
vi
a declaration by P that P has not handed in postal voting documents at any polling station or to the returning officer for a total of more than the number of electors other than P set out in regulation 79B(1)(c) or 82B(1)(c), including those being handed in at that time and either—
aa
that to the best of P’s knowledge, P is not a political campaigner for whom it is an offence to handle the postal voting documents concerned in accordance with section 112A of the 1983 Act, or
bb
that P is a political campaigner and is only handing in postal voting documents for P and for P’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or someone for whom P provides regular care or for whom regular care is provided by an organisation which employs or engages P, and
b
the relevant officer has endorsed the return of postal voting documents form returned by P to confirm the relevant officer’s name and that—
i
the relevant officer is satisfied that the form has been completed properly and provides the information required by paragraph (a),
ii
the relevant officer does not suspect that the number of electors other than P for whom P is handing in postal voting documents exceeds number of electors set out in regulation 79B(1)(c) or 82B(1)(c),
iii
the relevant officer does not suspect that P is a political campaigner who is committing an offence under section 112A of the 1983 Act, and
iv
the postal voting documents to which the form relates are not rejected.
2
For the purposes of paragraph (1)(a)(vi)(bb), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.
Rejection of postal voting documents handed in at a polling station79B
1
A relevant officer must reject—
a
all postal voting documents handed in by P where P fails to fully complete the return of postal voting documents form with the required information;
b
all postal voting documents handed in by P other than P’s own postal voting documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other electors;
c
a postal voting document handed in by P or all postal voting documents handed in together by P (other than P’s own postal voting documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same election (whether to a polling station or to the returning officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other electors.
2
Where P hands in one or more proxy postal ballot papers completed by P as proxy for another elector, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.
3
A relevant officer may reject a postal voting document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under section 112A of the 1983 Act.
Procedure for dealing with rejected postal voting documents handed in at a polling station79C
1
Where any postal voting document has been rejected in accordance with regulation 79B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.
2
The presiding officer must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms, sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet.
3
Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to the rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.
4
The presiding officer must deliver, or cause to be delivered, those packets in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.
Postal voting documents left behind at a polling station79D
1
Where a person leaves a left behind postal voting document at a polling station, the relevant officer must reject that left behind postal voting document.
2
The relevant officer must—
a
write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,
b
write the relevant officer’s name on that form, and
c
attach that form to the left behind postal voting document.
3
Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with regulation 79C(2).
Notice of opening of postal ballot paper envelopesI25C2080
1
The returning officer shall give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.
2
Such a notice shall specify–
a
the time and place at which such an opening is to take place, and
b
the number of agents a candidate may appoint under regulation 69(1) above to attend each opening.
Postal ballot boxes and receptaclesI6C1381
1
The returning officer shall provide a separate ballot box for the reception of–
a
the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and
b
postal ballot papers (“postal ballot box”).
2
Each such ballot box shall be marked “postal voters' ballot box” or “postal ballot box”, as the case may be, and with the name of the constituency or electoral area for which the election or elections is or are held.
3
The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.
4
The returning officer shall then lock the ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.
5
The returning officer shall provide the following receptacles–
a
the receptacle for rejected votes;
F63b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the receptacle for ballot paper envelopes; F49...
d
the receptacle for rejected ballot paper envelopes.
F50e
the receptacle for rejected votes (verification procedure); and
f
the receptacle for postal voting statements (verification procedure).
6
The returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this regulation.
Receipt of covering envelopeI17C2182
1
The returning officer shall, immediately on receipt F99by post of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.
2
Where an envelope, other than a covering envelope issued by the returning officer–
a
has been opened, and
b
contains a ballot paper envelope, F20postal voting statement or ballot paper,
the first mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.
F92Postal voting documents handed in to the returning officer82A
1
Subject to paragraphs (2) and (3), a person acting under the authority of the returning officer (“the authorised person”) must deliver to the returning officer—
a
any postal voting document handed in under regulation 79(1)(b) before the close of the poll, and
b
the return of postal voting documents form completed in respect of it.
2
A postal voting document may only be delivered to the returning officer in accordance with paragraph (1) if the requirements of regulation 79A are met and the document is not rejected in accordance with regulation 82B or 82D.
3
Before delivering them to the returning officer in accordance with paragraph (1), the authorised person must first make up into separate packets with a description of its contents written on each packet which is then sealed up—
a
the postal voting documents;
b
the return of postal voting documents forms for those postal voting documents.
Rejection of postal voting documents handed in to the returning officer82B
1
The authorised person must reject—
a
all postal voting documents handed in by P in accordance with regulation 79(1)(b) where P fails to fully complete the return of postal voting documents form with the required information;
b
all postal voting documents handed in by P in accordance with regulation 79(1)(b) other than P’s own postal voting documents where the authorised person has reasonable cause to suspect that the documents are handed in on behalf of more than five other electors;
c
a postal voting document handed in by P or all postal voting documents handed in together by P in accordance with regulation 79(1)(b) (other than P’s own postal voting documents) where the authorised person has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same election (whether to a polling station or to the returning officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other electors.
2
Where P hands in one or more proxy postal ballot papers completed by P as proxy for another elector, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.
3
The authorised person may reject a postal voting document handed in by P where the authorised person knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under section 112A of the 1983 Act.
Procedure for dealing with rejected postal voting documents handed in to the returning officer82C
1
Where any postal voting document has been rejected in accordance with regulation 82B the authorised person must indicate this, together with the reason or reasons for the rejection and the authorised person’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.
2
The authorised person must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms which must be sealed up with a description of its contents written on each packet.
3
Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.
4
The authorised person must deliver those packets to the returning officer before the close of the poll.
Postal voting documents left behind with the returning officer82D
1
Where a person leaves a left behind postal voting document for the returning officer in accordance with regulation 79(1)(b), the authorised person must reject that left behind postal voting document.
2
The authorised person must—
a
write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,
b
write the authorised person’s name on that form, and
c
attach that form to the left behind postal voting document.
3
Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with regulation 82C(2).
Opening of delivered or collected packets of postal voting documents82E
1
Paragraph (2) applies to the packets of postal voting documents delivered to or collected by the returning officer in accordance with regulation 79(2) or (4) or 82A(1).
2
Regulations 69(2), 80, 81(6), 83(1) and 84 apply to a packet to which this paragraph applies as if that packet were a postal voters’ ballot box.
Opening of postal voters' ballot boxI7C2283
1
Each postal voters' ballot box shall be opened by the returning officer in the presence of any agents, if in attendance.
2
So long as the returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.
3
The last postal voters' ballot box and the postal ballot box shall be opened at the counting of the votes under rule 45 of the elections rules.
Opening of covering envelopesI23C1284
F511
When a postal voters' ballot box is opened, the returning officer shall count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in regulation 82(2)).
F641A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1B
He shall open separately each covering envelope (including an envelope described in regulation 82(2)).
F652
The procedure in regulation 85A applies where a covering envelope (including an envelope to which regulation 82(2) above applies) contains a postal voting statement.
3
F674
Where a covering envelope does not contain a postal voting statement (whether separately or not), the returning officer shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.
F664A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F445
In carrying out the procedures in this regulation and regulations 85 to 88, the returning officer–
a
shall keep the ballot papers face downwards and shall take proper precautions for preventing any person from seeing the votes made on the ballot papers; and
b
shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.
6
Where an envelope F52opened in accordance with paragraph (1B) contains a postal voting statement, the returning officer shall place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.
7
A mark made under paragraph (6) shall be distinguishable from and shall not obscure the mark made under regulation 72(3).
8
As soon as practicable after the last covering envelope has been opened, the returning officer shall make up into a packet the copy of the postal voters list and proxy postal voters list that have been marked in accordance with paragraph (6) and shall seal such a packet.
F22Confirming receipt of postal vote and postal voting statementsC2584A
1
An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may request, at any time before the close of the poll, that the returning officer confirm–
a
whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned; and
b
whether the number of the ballot paper issued to the elector or his proxy has been recorded on either of the lists of rejected votes kept by the returning officer under paragraphs (2) and (3) of regulation 87.
2
The returning officer shall satisfy himself that any such request has been made by the elector or their proxy, and if so satisfied shall provide confirmation of the matters specified paragraph (1).
Procedure in relation to F80postal voting statementsF6885
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47Procedure in relation to postal voting statements: personal identifier verificationC2785A
F691
This regulation applies in the circumstances described in regulation 84(2).
2
The returning officer must satisfy himself that the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and the signature contained in the personal identifier record relating to the person to whom the postal ballot paper was addressed.
3
Where the returning officer is not so satisfied, he shall mark the statement “rejected”, attach it to the ballot paper envelope, or if there is no such envelope F70but there is a ballot paper, the ballot paper, and, subject to paragraph (4), place it in the receptacle for rejected votes (verification procedure).
4
Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the returning officer must show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and if any of them object to his decision, he must add the words “rejection objected to”.
5
The returning officer shall then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, he shall place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.
6
Where–
a
the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or
b
that envelope has no number on it (or only one number when the postal voting statement has more than one),
the returning officer shall open the envelope.
7
Paragraph (8) applies where–
a
there is a valid postal voting statement but no ballot paper envelope; or
b
the ballot paper envelope has been opened under regulation 84(3) or paragraph (6).
8
In the circumstances described in paragraph (7), the returning officer shall place–
a
in the postal ballot box, any ballot paper the number on which is the same as the number on the valid postal voting statement;
b
in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;
c
in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where–
i
there is no ballot paper, or
ii
in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the statement to indicate which ballot paper is missing;
d
in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under sub-paragraph (b) or (c).
Postal voting statements: additional personal identifier verificationF7185B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opening of ballot paper envelopesI8C2386
1
The returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.
2
He shall place–
a
in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope;
b
in the receptacle for rejected votes, any other ballot paper which shall be marked “provisionally rejected” and to which shall be attached the ballot paper envelope; and
c
in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper).
F23Retrieval of cancelled postal ballot papersC2686A
1
Where it appears to the returning officer that a cancelled postal ballot paper has been placed–
a
in a postal voters' ballot box;
b
in the receptacle for ballot paper envelopes; or
c
a postal ballot box,
he shall proceed as follows.
2
He shall, on at least one occasion on which a postal voters' ballot box is opened in accordance with regulation 83, also open any postal ballot box and the receptacle for ballot paper envelopes and–
a
retrieve the cancelled ballot paper;
b
show the ballot paper number on the cancelled ballot paper to the agents;
c
retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements F72(verification procedure);
d
attach any cancelled postal ballot paper to the postal voting statement to which it relates;
e
place the cancelled documents in a separate packet and deal with that packet in the manner provided for by regulation 77(6) F73or 78A(2); and
f
unless the postal ballot box has been opened for the purposes of the counting of votes under rule 45 of the elections rules, re lock (if it has a lock) and re seal the postal ballot box in the presence of the agents.
3
Whilst retrieving a cancelled ballot paper in accordance with paragraph (2), the returning officer and his staff–
a
shall keep the ballot papers face downwards and shall take proper precautions for preventing any person seeing the votes made on the ballot papers, and
b
shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.
Lists of rejected postal F90voting documentsI21C2487
1
2
In the first list, he shall record the ballot paper number of any postal ballot paper for which no valid F20postal voting statement was received with it.
3
F754
In the third list, he shall record for every postal voting statement within the receptacle for rejected votes (verification procedure) immediately prior to sealing—
a
the elector’s name and address (and the name of the address of the proxy if the elector has a proxy),
b
the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),
c
the specified reason or reasons for the rejection of the postal voting statement, and
d
any other information relating to the rejection that the returning officer considers appropriate, but not the ballot paper number.
5
The specified reasons that may be given under paragraph (4)(c) for the rejection of a postal voting statement are as follows—
a
the signature does not match the example held on the personal identifiers record,
b
the date of birth does not match the one held on the personal identifiers record,
c
the signature field is blank, or
d
the date of birth field is blank.
F1006
In the fourth list, the relevant officer must, subject to paragraph (9), record in relation to any elector whose postal voting documents were rejected in accordance with regulation 79B or 82B or were left behind postal voting documents—
a
the elector’s name and address (and the name and address of the proxy if the elector has a proxy),
b
the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),
c
the specified reason or reasons for the rejection of the postal voting documents,
d
an indication as to whether the postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the postal voting statement, and
e
any other information relating to the rejection that the returning officer considers appropriate, but not the postal ballot paper number.
7
The specified reasons that may be given under sub-paragraph (6)(c) for the rejection of the postal voting documents are—
a
the postal voting documents were handed in at a polling station or to the returning officer but the return of postal voting documents form was not fully completed with the required information;
b
the postal voting documents were handed in at a polling station or to the returning officer but the number of postal voting documents handed in exceeded or was suspected to exceed the permitted number;
c
the postal voting documents were handed in by a political campaigner who was not permitted to hand in those postal voting documents;
d
the postal voting documents were left behind postal voting documents.
8
In compiling the fourth list the returning officer must open separately each covering envelope (including an envelope described in regulation 82(2)) and each ballot paper envelope.
9
The obligation in paragraph (6) does not apply where an elector’s rejected postal voting documents do not include a postal voting statement.
Checking of lists kept under regulation 87I2C1688
1
Where the returning officer receives a valid F20postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(2) above to see whether the number (or numbers) of a postal ballot paper to which the F45statement relates is entered in that list.
2
Where the returning officer receives a postal ballot paper without the F20postal voting statement to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(3) above to see whether the number of that ballot paper is entered in that list.
3
The returning officer shall conduct the checks required by paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the constituency under rule 43(1) of the elections rules.
4
5
The returning officer shall then take the appropriate steps under this Part of these Regulations as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.
Sealing of receptaclesI11C1489
1
As soon as practicable after the completion of the procedure under regulation 88(3) and (4) above, the returning officer shall make up into separate packets the contents of–
a
the receptacle of rejected votes,
F76b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the receptacle of rejected ballot paper envelopes, F53...
d
the lists of F77spoilt, lost or cancelled postal ballot papers,
F54e
the receptacle for rejected votes (verification procedure), and
f
the receptacle for postal voting statements (verification procedure),
F102g
the packets of rejected postal voting documents and accompanying return of postal voting documents forms made up in accordance with regulations 79C(2) and 82C(2),
and shall seal up such packets.
2
Any document in those packets marked “provisionally rejected” shall be deemed to be marked “rejected”.
Abandoned pollI2490
1
Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer–
a
shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of these Regulations; and
b
shall, notwithstanding regulations 84 to 86 above, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.
F892
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55Retention of documentsI4C691
1
The returning officer shall F56retain together with the documents mentioned in rule 55 of the elections rules–
a
any packets referred to in regulations 75, 77(6) F18, 78(2C)F46, F7878A(2), F10379(3)(b), 82A(3)(b), 84(8), and 89 above, subject to regulation 90 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral ward for which the election (or elections) was (or were) held, and
b
a completed statement in Form K of the number of postal ballot papers issued.
2
Where–
a
any covering envelopes are received by the returning officer after the close of the poll (apart from those delivered in accordance with the provisions of regulation 79(3) above);
b
any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or
c
any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,
the returning officer shall put them unopened in a separate packet, seal up such packet and endorse and F57retain it in the manner described in paragraph (1) above.
F1054
Rules 56, 57 and 58 of the elections rules will apply to any packet or document retained under this regulation save that in applying rules 56 and 57 to the lists provided for by regulation 87(4) and (6), these lists and any extracts from them are to be treated as if they were counted ballot papers.
5
A copy of the statement referred to in paragraph (1)(b) above shall be provided by the returning officer to the Secretary of State F19and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after the day of the poll.
F61Forwarding of documentsC2991A
1
Before the returning officer seals up the counted and rejected ballot papers as provided by rule 54 of the elections rules, the returning officer must—
F108a
where any lists compiled under regulation 87(4) or (6) relate to a constituency contained within a single local government area, send copies of those lists to the registration officer for that local government area;
b
where any lists compiled under regulations 87(4) or (6) relates to a constituency which comprises any part of more than one local government area, send copies of such extracts of the lists as are relevant to each of the registration officers for those local government areas.
2
A registration officer may only use the information sent in accordance with paragraph (1) for the purposes of notifying voters in accordance with regulation 61C and requiring fresh signatures to be provided in accordance with regulation 60B.
3
Rule 56 of the elections rules, as modified by rule 58 of those rules, shall apply to the F106copies of the lists, or extracts of the lists, sent in accordance with paragraph (1) as if—
a
references in rule 56 to counted ballot papers in the custody of the returning officer were to references to the F106copies of the lists, or extracts of the lists, sent to a registration officer in accordance with paragraph (1);
b
references to the returning officer (as modified by rule 58 of the elections rules) were to references to a registration officer who was sent F107lists, or extracts of lists, provided in accordance with paragraph (1).
4
Except as provided for by virtue of paragraph (3), no other person shall be allowed to inspect F109copies of the lists, or extracts of the lists, sent to a registration officer in accordance with paragraph (1).
5
The registration officer must cause F109copies of the lists, or extracts of the lists, sent in accordance with paragraph (1) to be destroyed—
a
as soon as practicable after the registration officer has complied with the requirements of regulation 61C, and issued any notices under regulation 60B, in relation to the information provided in F109copies of the lists, or extracts of the lists; and
b
in any event, within 4 months of receipt.