Textual Amendments
F1Sch. 1 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 38, Sch. 1
66.—(1) On the completion of the counting at a contested election the returning officer must seal up in separate packets the counted and rejected ballot papers.
(2) The returning officer must not open the sealed packets of—
(a)tendered ballot papers,
[F2(aa)tendered postal ballot papers,]
(b)the completed corresponding number lists,
(c)certificates as to employment on duty on the day of the poll, or
(d)marked copies of the register of electors (including any marked copy notices issued under section 13BA(9) of the 1983 Act) and lists of proxies.
Textual Amendments
67.—(1) The returning officer (as the Chief Electoral Officer) must then retain the following documents—
(a)the packets of ballot papers in his possession,
(b)the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
(c)the tendered votes lists [F3the tendered postal votes lists,], the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 46, and the declarations made by the companions of voters with disabilities,
(d)the packets of the completed corresponding number lists,
(e)the packets of certificates as to employment on duty on the day of the poll,
(f)the packets containing marked copies of registers (including any marked copy notices issued under section 13BA(9) of the 1983 Act) and of the absent voters list, of the lists of proxies and of the proxy postal voters list,
endorsing on each packet a description of its contents.
(2) In this rule and in rules 68 and 69 “Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland.
Textual Amendments
F3Words in Sch. 1 rule 67(1)(c) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 26
68.—(1) An order—
(a)for the inspection or production of any rejected ballot papers in the custody of the Chief Electoral Officer; or
(b)for the opening of a sealed packet of completed corresponding number lists and certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in his custody,
may be made by a county court or the High Court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of a European Parliamentary election petition.
(2) An order for the opening of a sealed packet of completed corresponding number lists or certificates or for the inspection of any counted ballot papers in the custody of the Chief Electoral Officer may be made by an election court.
(3) Subject to paragraph (4), an order under this rule may be made subject to such conditions as to—
(a)persons,
(b)time,
(c)place and mode of inspection,
(d)production or opening,
as the court making the order may think expedient.
(4) In making and carrying into effect an order under paragraph (1) for the opening of a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given must not be disclosed until it has been proved—
(i)that his vote was given; and
(ii)that the vote has been declared by a competent court to be invalid.
(5) An appeal lies to the High Court from any order of a county court under this rule.
(6) Any power given under this rule—
(a)to the High Court, may be exercised by any judge of the court otherwise than in open court; and
(b)to a county court, may be exercised in such manner as may be provided by rules of court.
(7) Where an order is made for the production by the Chief Electoral Officer of any document in his possession relating to any specified election—
(a)the production by him or his agent of the document ordered in such manner as may be directed by that order will be conclusive evidence that the document relates to the specified election; and
(b)any endorsement on any packet of ballot papers so produced will be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
(8) The production from proper custody of—
(a)a ballot paper purporting to have been used at any election, and
(b)a completed corresponding number list with a number marked in writing beside the number of the ballot paper,
will be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13BA(9) of the 1983 Act at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.
(9) Save as provided by this rule, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the Chief Electoral Officer or open any sealed packets of completed corresponding number lists and certificates.
69.—(1) The Chief Electoral Officer must retain for a year all documents to which rule 67 applies, and then, unless otherwise directed by order of the High Court, the Crown Court or a magistrates' court, shall cause them to be destroyed.
(2) The documents mentioned in paragraph (1) except—
(a)ballot papers,
(b)the completed corresponding number lists,
(c)certificates as to the employment on duty on the day of the poll,
shall be open to public inspection as provided in Part 7 of these Rules.]