The European Parliamentary Elections Regulations 2004

[F1 PART 3 E+W+S ABSENT VOTING (TRANSITIONAL PROVISION)

Textual Amendments

F1 Sch. 2 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 40, Sch. 3

Interpretation and extent E+W+S

35.   In this Part of this Schedule only —

“absent voter” means a person whose application under paragraph 3(1) or (2), paragraph 4(1) or (2) or paragraph 7(4) was granted prior to the commencement of these Regulations; and

“absent voting records” means any one or more of the records kept pursuant to paragraph 3(4) and 7(6) or the lists kept pursuant to paragraph 5(2) or (3) or paragraph 7(8).

Requiring personal identifiers from existing absent voters E+W+S

36.— (1) A registration officer must by 28th February 2009 send a notice in writing to every person who, prior to the commencement of these Regulations had an entry as an absent voter in the absent voting records kept by the registration officer for the purposes of voting at European Parliamentary elections.

(2) The notice must require the absent voter to provide to the registration officer within six weeks a specimen of his signature and his date of birth (“the required personal identifiers”) in accordance with this Part.

(3) The notice must be sent by the registration officer to the current or last known address of the absent voter.

(4) The registration officer must, if the absent voter has not responded to the notice within three weeks from the date on which the notice was sent, as soon as practicable send a copy of the notice to him.

(5) Where a notice or copy of a notice is sent by post, the registration officer may use—

(a) a universal postal service provider; or

(b) a commercial delivery firm,

and postage must be prepaid.

(6) A notice or copy of a notice sent to an absent voter in accordance with this paragraph must be accompanied by a pre-addressed reply envelope and, in the case of any notice sent to an address within the United Kingdom or Gibraltar, return postage must be prepaid.

(7) Where a registration officer has been provided with the required personal identifiers by an applicant for an absent vote at [F2 an election] other than European Parliamentary elections under paragraph 3, 4 or 7 of Schedule 4 to the Representation of the People Act 2000, the 2001 Regulations, the 2001 (Scotland) Regulations, the Absent Voting (Transitional Provisions)(England and Wales) Regulations 2006, the Absent Voting (Transitional Provisions)(Scotland) Regulations 2008, the Scottish Parliament (Elections etc.) Order 2007or the National Assembly for Wales (Representation of the People) Order 2007before the date specified in the notice in accordance with paragraph 37(2)(d), he may use them and enter them in his records kept in accordance with paragraphs 3(9), 4(7), 7(13) and 18.

Textual Amendments

F2 Words in Sch. 2 para. 36(7) substituted (1.4.2009) by The European Parliamentary Elections (Amendment) (No.2) Regulations 2009 (S.I. 2009/848), regs. 1(2), 2(3)(a)

Required information to be provided to existing absent voters E+W+S

37.— (1) Where a registration officer sends a notice or a copy of a notice pursuant to paragraph 36, he must also provide information—

(a) explaining how the required personal identifiers will be used and how the required personal identifiers will assist in deterring misuse of the entitlement to vote;

(b) explaining that, in the event of a failure or refusal to provide the required personal identifiers, the absent voter will lose his entitlement to vote by post, by proxy or by post as a proxy (as the case may be);

(c) explaining the circumstances in which a registration officer may dispense with the requirement to provide a signature; and

(d) explaining that loss of the entitlement to vote by post, by proxy or by post as a proxy (as the case may be) under this Part does not prevent the absent voter from making a fresh application under Part 2 to be entitled to vote by post, by proxy or by post as a proxy at European Parliamentary elections.

(2) The notice must specify the following matters—

(a) that the absent voter would cease to be entitled to vote by post or by proxy, or to act as a postal proxy at European Parliamentary elections if he does not provide the required personal identifiers;

(b) whether the person has an entry in the absent voting records as voting by post, by proxy or by post as a proxy or in more than one capacity;

(c) as regards an absent voter entitled to vote by post as a proxy, the name and address of each person for whom he is entitled to vote; and

(d) the date (not less than 49 days from the sending of the initial notice) from which he will cease to be entitled to vote by post, by proxy or by post as a proxy (as the case may be) in the event of his failure or refusal to provide the required personal identifiers.

Determination by registration officer E+W+S

38.— (1) The registration officer must, no later than the date specified in the notice sent to the absent voter in accordance with paragraph 37(2)(d), determine whether the absent voter has failed or refused to provide the required personal identifiers.

(2) The registration officer shall not determine that an absent voter has failed or refused to provide the required personal identifiers due to a failure to provide a signature if the registration officer is satisfied that the absent voter is unable—

(a) to provide a signature because of any disability the absent voter has;

(b) to provide a signature because the absent voter is unable to read or write; or

(c) to sign in a consistent and distinctive way because of any such disability or inability,

and where the registration officer is so satisfied entries relating to the absent voter in the absent voting records must not show the absent voter’s signature.

Consequences of failure or refusal to provide personal identifiers E+W+S

39.— (1) Where the registration officer determines that an absent voter has failed or refused to provide the required personal identifiers—

(a) if the absent voter has an entry in his [F3 absent voting records], the registration officer must remove that entry, and the absent voter shall not be entitled to vote by post, by proxy or by post as proxy (as the case may be) otherwise than in pursuance of a further application made under Part 2;

(b) in the case of an absent voter whose application under paragraph 4(1) or (2) or paragraph 7(4)(b) has been granted, the absent voter shall not be entitled to vote by post, by proxy or by post as proxy (as the case may be) at the particular election for which the application under paragraph 4(1) or (2) or paragraph 7(4)(b) was made, otherwise than in pursuance of a further application made under Part 2.

(2) Where an absent voter ceases to be entitled to vote by post, by proxy or by post as proxy in the circumstances to which sub-paragraph (1) refers—

(a) the registration officer must inform the absent voter in writing of the location of the polling station to which the elector is allotted or likely to be allotted under the European Parliamentary elections rules, where appropriate;

(b) paragraph 27(5) and paragraph 28 apply as if the registration officer were refusing an application under Part 2; and

(c) in the case of an absent voter who ceases to be entitled to vote by post as proxy, the registration officer must also notify in writing the elector for whom the proxy was appointed.

(3) The registration officer must include in the notice to be sent to an absent voter pursuant to sub-paragraph (2), information—

(a) explaining the effect of removal from the absent voting records (where applicable); and

(b) reminding the absent voter that he may make a fresh application under Part 2 to vote by post, by proxy or by post as a proxy (as the case may be).]

Textual Amendments

F3 Words in Sch. 2 para. 39(1)(a) substituted (1.4.2009) by The European Parliamentary Elections (Amendment) (No.2) Regulations 2009 (S.I. 2009/848), regs. 1(2), 2(3)(b)