The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1 issue of postal ballot papers N.I.

Textual Amendments

F1 Sch. 2 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 39, Sch. 2

Form of declaration of identity N.I.

16.   The form of the declaration of identity for the purposes of rule 25 of the European Parliamentary elections rules must be in Form L in the Appendix of Forms.

Persons entitled to be present at proceedings on issue and receipt of postal ballot papers N.I.

17.   Without prejudice to the provisions of sections 6A to 6E of the 2000 Act no person may be present at the proceedings on the issue or receipt of postal ballot papers at a European Parliamentary election other than—

(a) the returning officer and his clerks;

(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 paragraph 18.

Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers N.I.

18.— (1) Each candidate may appoint one or more agents to attend the proceedings on the issue or receipt of the postal ballot papers up to the number he may be authorised by the returning officer to appoint so that the number authorised must 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 must be given by the candidate to the returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot box, as the case may be.

(3) If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place and must forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(4) Agents may be appointed and notice of appointment given to the returning officer by the candidate’s election agent instead of by the candidate.

(5) In this Part 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 sub-paragraph (1), who are within the number authorised by the returning officer.

(6) 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.

(7) Where in this Part 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 secrecy N.I.

19.   The returning officer must 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 regulation 30(5) and (7).

Notice of issue of postal ballot papers N.I.

20.— (1) The returning officer must give each candidate not less than 48 hours' notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents the candidate may appoint under paragraph 18 to attend that issue.

(2) Where any subsequent issue of postal ballot papers is made, the returning officer must notify each candidate as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents the candidate may appoint under paragraph 18 to attend such issue.

Procedure on issue of postal ballot paper N.I.

21.— (1) The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to the elector.

(2) A mark must be placed in the absent voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper must be marked on the declaration of identity sent with that paper.

(4) The address to which the postal ballot paper, declaration of identity and the envelopes referred to in paragraph 23 are to be sent is—

(a) in the case of an elector, the address shown in the absent voters list;

(b) in the case of a proxy, the address shown in the proxy postal voters list.

Refusal to issue postal ballot paper N.I.

22.   Where the returning officer is satisfied that two or more entries in the absent voters list, or the proxy postal voters list or in each of those lists relate to the same elector, he must not issue more than one ballot paper in respect of that elector.

Envelopes N.I.

23.— (1) Sub-paragraphs (2) and (3) specify the envelopes which are to be issued to a postal voter in addition to the ballot paper and declaration of identity (which are issued under rule 25 of the European Parliamentary elections rules).

(2) There must be issued an envelope for the return of the postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which shall be marked with the letter “B”.

(3) There must also be issued a smaller envelope (referred to as a “ballot paper envelope”) which must be marked with—

(a) the letter “A”;

(b) the words “ballot paper envelope”; and

(c) the number of the ballot paper, unless the envelope has a window through which the number on the ballot paper can be displayed.

Sealing up and security of completed corresponding number and other lists N.I.

24.— (1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer must make up into a packet the completed corresponding number lists of those ballot papers which have been issued and must seal such a packet.

(2) As soon as practicable after the last batch of postal ballot papers has been issued, the returning officer must make up into a packet the marked copies of the absent voters list and the proxy postal voters list and must seal such a packet.

(3) Until the time referred to in sub-paragraph (2), the returning officer must take proper precautions for the security of the lists referred to in that sub-paragraph.

Delivery of postal ballot papers N.I.

25.— (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) clerks appointed under rule 27(1) of the European Parliamentary 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 must be counted and delivered to that provider or firm by the returning officer with such form of receipt to be endorsed by the provider or firm as may be arranged.

(3) Postage must be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies) and on the covering envelopes.

Spoilt postal ballot papers N.I.

26.— (1) If a postal voter has inadvertently dealt with his postal ballot paper in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the returning officer the spoilt postal ballot paper and the declaration of identity.

(2) On receipt of the documents referred to in sub-paragraph (1), the returning officer must issue another postal ballot paper except where those documents are received after 5 p.m. on the day before the day of the poll.

(3) Paragraphs 21 (except sub-paragraph (3)), 23, 24 and, subject to sub-paragraph (6) below, 25 apply to the issue of a replacement postal ballot paper under sub-paragraph (2).

(4) The spoilt postal ballot paper and the declaration of identify must be immediately cancelled.

(5) The returning officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened, the additional cancelled documents included in it and the packet sealed again.

(6) Where a postal voter applies in person, the returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 25.

(7) The returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

(a) the name and address of the elector as stated in the register;

(b) the number of the postal ballot paper issued under this paragraph; and

(c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address.]