The European Parliamentary Elections Regulations 2004

Receipt of Postal Ballot Papers E+W+S

Alternative means of returning postal ballot paper or declaration of identity E+W+S

41.—(1) For the purposes of rule 46(2) of the European Parliamentary elections rules in Schedule 1 to these Regulations the manner in which a postal ballot paper or declaration of identity may be returned to a polling station is by hand.

(2) For these purposes, the manner in which such a paper or declaration may be returned to the local returning officer is by post or by hand.

(3) The presiding officer of the polling station shall deliver, or cause to be delivered, any postal ballot paper or declaration of identity returned to that station to the local 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 44(1) of the European Parliamentary elections rules.

Notice of opening of postal ballot paper envelopes E+W+S

42.—(1) The local returning officer shall give to each election agent, or where appointments have been made of a sub-agent, sub-agent 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 the election agent or sub-agent may appoint under paragraph 31(1) to attend each opening.

Postal ballot boxes and receptacles E+W+S

43.—(1) The local 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 local counting area or parliamentary constituency or electoral area (or areas) or voting area for which the election (or elections) or referendum 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 local returning officer shall then lock the ballot box, if it has a lock, 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 local returning officer shall provide the following receptacles—

(a) the receptacle for rejected votes;

(b) the receptacle for declarations of identity;

(c) the receptacle for ballot paper envelopes; and

(d) the receptacle for rejected ballot paper envelopes.

(6) The local returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Receipt of covering envelope E+W+S

44.—(1) The local returning officer shall, immediately on receipt (whether by hand or by 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 local returning officer—

(a) has been opened, and

(b) contains a ballot paper envelope, declaration of identity or ballot paper,

the first-mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.

Opening of postal voters' ballot box E+W+S

45.—(1) Each postal voters' ballot box shall be opened by the local returning officer in the presence of the agents, if in attendance.

(2) So long as the local 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 verification of the ballot paper accounts under rule 46 of the European Parliamentary elections rules.

Opening of covering envelopes E+W+S

46.—(1) When a postal voters' ballot box is opened, the local returning officer shall count and record the number of covering envelopes (including any envelope described in paragraph 44(2)), and shall then open each covering envelope separately.

(2) The procedure in paragraph 47 applies where a covering envelope (including an envelope to which paragraph 44(2) applies) contains both—

(a) a declaration of identity; and

(b) a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper (or ballot papers).

(3) Where the covering envelope does not contain the declaration of identity separately, the local returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.

(4) Where a covering envelope does not contain both—

(a) a declaration of identity (whether separately or not), and

(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers),

the local returning officer shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

Procedure in relation to declarations of identity E+W+S

47.—(1) The local returning officer shall satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his name (except in Scotland) and address (referred to as a “>valid declaration of identity).

(2) Where the local returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to sub-paragraph (3) below, place it in the receptacle for rejected votes.

(3) Before placing the declaration in the receptacle for rejected votes, the local returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.

(4) The local returning officer shall then examine the number (or numbers) on the declaration of identity against the number (or numbers) on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

(5) Where—

(a) the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope, or

(b) that envelope has no number on it (or only one number when the declaration of identity has more than one),

the local returning officer shall open the envelope.

(6) Sub-paragraph (7) below applies where—

(a) there is a valid declaration of identity but no ballot paper envelope; or

(b) the ballot paper envelope has been opened under paragraph 46(3) or sub-paragraph (5).

(7) In the circumstances described in sub-paragraph (6), the local returning officer 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 valid declaration of identity;

(b) in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “provisionally rejected”;

(c) in the receptacle for rejected votes, any valid declaration of identity marked “provisionally rejected” where—

(i) there is no ballot paper, or

(ii) in the case of a declaration 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 declaration to indicate which ballot paper is missing;

(d) in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c) above.

Opening of ballot paper envelopes E+W+S

48.—(1) The local 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).

Lists of rejected postal ballot papers E+W+S

49.—(1) In respect of any election, the local returning officer shall keep two separate lists of rejected postal ballot papers.

(2) In the first list, he shall record the ballot paper number of any postal ballot paper for which no valid declaration of identity was received with it.

(3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid declaration of identity where that ballot paper is not received with the declaration of identity.

Checking of lists kept under paragraph 49 E+W+S

50.—(1) Where the local returning officer receives a valid declaration of identity 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 paragraph 49(2) to see whether the number (or numbers) of a postal ballot paper to which the declaration relates is entered in that list.

(2) Where the local returning officer receives a postal ballot paper without the declaration of identity to which it relates, he may, at any time prior to the close of the poll, check the list kept under paragraph 49(3) to see whether the number of that ballot paper is entered in that list.

(3) The local returning officer shall conduct the checks required by sub-paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the local counting area, parliamentary constituency, electoral area or, as the case may be, voting area under rule 44(1) of the European Parliamentary elections rules.

(4) Where the ballot paper number in the list matches that number on a valid declaration of identity or, as the case may be, the postal ballot paper, the local returning officer shall retrieve that declaration or paper.

(5) The local returning officer shall then take the appropriate steps under this Part of this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.

Sealing of receptacles E+W+S

51.—(1) As soon as practicable after the completion of the procedure under paragraph 50(3) and (4), the local returning officer shall make up into separate packets the contents of—

(a) the receptacle of rejected votes,

(b) the receptacle of declarations of identity,

(c) the receptacle of rejected ballot paper envelopes, and

(d) the lists of spoilt and lost postal ballot papers,

and shall seal up such packets.

(2) Any document in those packets marked “provisionally rejected” shall be deemed to be marked “rejected”.

Retention of documents E+W+S

52.—(1) Subject to sub-paragraph (2), the local returning officer shall retain for one year after the date of the poll any packets referred to in paragraphs 37, 39(6) and 51 endorsing on each a description of its contents and, after the expiry of that period, cause those packets to be destroyed unless otherwise directed by the High Court or, in Scotland, the Court of Session.

(2) Where the proceedings on the issue and receipt of postal ballot papers are taken together under paragraph 27, the returning officer discharging those functions shall forward the packets containing—

(a) the marked copies of the absent voters list and list of postal proxies; and

(b) the declarations of identity,

to the same person, and at the same time and in the same manner, as he is required to forward those documents as respects the election or referendum for which he is the returning officer.

(3) Where—

(a) any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 41(3));

(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 local returning officer shall put them unopened in a separate packet, seal up such packet and endorse and retain it and subsequently deal with it in the manner described in sub-paragraph (1) above.

(4) Rules 60 and 61 of the European Parliamentary elections rules shall apply to any packet or document retained under this regulation.

(5) A completed statement in Form H shall be provided by the local returning officer to the Secretary of State.

(6) The statement referred to in sub-paragraph (5) shall identify the local counting areas or parts of such areas within the electoral region for which it is prepared.