The European Parliamentary Elections Regulations 2004

Regulation 11

[F1SCHEDULE 3E+W+SMODIFICATION OF EUROPEAN PARLIAMENTARY ELECTIONS RULES FOR COMBINED POLLS

Textual Amendments

F1Sch. 3 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 41, Sch. 4

PART 1E+W+SENGLAND AND WALES

1. This Part of this Schedule applies in the circumstances set out in regulation 11(i) of these Regulations.E+W+S

2.—(1) In this Part of this Schedule, and in any provision of the European Parliamentary elections rules modified by this Schedule—

“relevant election or referendum” means one or more of the following—

(a)

parliamentary election,

(b)

local government election,

(c)

mayoral election,

(d)

referendum,

the poll at which is taken together with a poll at the European Parliamentary election; and

“GLRO” means the Greater London Returning Officer, being the person who is for the time being a proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act.

(2) In the case of a referendum, a reference to—

(a)an election agent or counting agent shall be construed as a reference to a counting officer within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums)(England) Regulations 2007;

(b)a polling agent shall be construed as a reference to a polling observer, within the meaning of that regulation; and

(c)the returning officer or local returning officer shall be construed as a reference to a counting officer, within the meaning of that regulation.

3.—(1) In rule 22 (the ballot papers) at the end of paragraph (2)(b) omit “and”.E+W+S

(2) At the end of paragraph (2) insert—

“; and

(d)must be of a different colour from that of any ballot papers used at any relevant election or referendum.”.

4. At the end of rule 27 (notice of poll) insert—E+W+S

“(3) A notice published under paragraph (2) must, in addition—

(a)state that the poll at the European Parliamentary election is to be taken together with the poll at a relevant election or referendum;

(b)specify the relevant parliamentary constituency, local authority or, as the case may be, voting area and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and

(c)where the polls are to be taken together in part of the local counting area only, specify that part.”

5. At the end of rule 31 (issue of official poll cards) insert—E+W+S

“(9) If the returning officer for each relevant election or referendum agrees, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum, with necessary adaptations.”

6. After paragraph (1) of rule 32 (equipment of polling stations) insert—E+W+S

“(1A) The same ballot box may be used for the poll at the European Parliamentary election and the poll at each relevant election or referendum, if the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations thinks fit.

(1B) Where the same ballot box is not used under paragraph (1A), each ballot box must be clearly marked with—

(a)the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and

(b)the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here.””.

7. After paragraph (5) of rule 32 (equipment of polling stations) insert—E+W+S

“(5A) The large version of the ballot paper referred to in paragraph (5)(a) must be printed on paper of the same colour as that of the ballot papers for use at the European Parliamentary election.”.

8. For paragraph (7) of rule 32 (equipment of polling stations) substitute the following—E+W+S

“(7) In every compartment of every polling station there must be exhibited the notice:

*PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for ONE candidate only

EUROPEAN PARLIAMENTARY ELECTION

[Specify colour] ballot paper)

Vote for ONE party or individual candidate only

*[Specify name of council]COUNCIL ELECTION

([Specify colour] ballot paper)

*[Vote for no more than

candidates]

*[Vote for ONE candidate only]

*ELECTION OF THE MAYOR OF LONDON

([Specify colour] ballot paper)

#On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice.

*ELECTION OF THE LONDON ASSEMBLY

#On the constituency members ballot paper [(specify colour)]vote for ONE candidate only.

#On the London members ballot paper [(specify colour)]vote for ONE party or individual candidate only.

*[Specify other] ELECTION/REFERENDUM

([Specify colour] ballot paper)

*[Vote for ONE candidate only]

*[Vote ONCE for your first choice and ONCE for your second choice]

*[Mark ONE answer to the referendum question]

PUT NO OTHER MARK ON THE BALLOT PAPER

OR YOUR VOTE MAY NOT COUNT

*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the election(s) at which the votes are to be counted electronically] *Post them, face downwards, in the [*appropriate] ballot box.]

[Include the words in the brackets if the votes at some of the polls are to be counted electronically.]

*Complete or omit as necessary

#Alternatively, insert such information as the GLRO may decide”.”

9. In paragraph (1)(b) of rule 33 (appointment of polling and counting agents) omit the words “the verification of the ballot paper accounts and” and in paragraph (3)(b) of that rule omit the words “the verification of the ballot paper accounts or”.E+W+S

10. At the end of paragraph (4) of rule 33 (appointment of polling and counting agents) insert—E+W+S

“Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraph (5) to be given to the local returning officer must be given to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”.

11. In rule 34(b) (notification of requirement of secrecy) omit the words “the verification of the ballot paper accounts or” and “,(3)”.E+W+S

12.—(1) In rule 36(1) (admission to polling station), after sub-paragraph (g) omit “and”.E+W+S

(2) After sub-paragraph (h), insert—

“; and

(i)persons entitled to be admitted to the polling station at a relevant election or referendum.”.

13. In rule 39 (questions to be put to voters) in questions 1(b), 2(b), 3(b) and 4 specified in the second column of the table set out in paragraph (1) after the words “at this” (wherever they occur) insert “European Parliamentary”.E+W+S

14. At the end of rule 41 (voting procedure) insert—E+W+S

“(6) The same copy of a register of electors or, where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act, may be used under paragraph (1) for each relevant election or referendum, and

(a)one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(d), to denote that a ballot paper has been issued in respect of each election or referendum; and

(b)where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the register, or on the notice or list so as to identify each election or referendum in respect of which the ballot paper was issued.”.

15. At the end of paragraph (2) of rule 42 (votes marked by presiding officer) insert—E+W+S

“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so marked.”.

16. At the end of paragraph (4) of rule 43 (voting by persons with disabilities) insert—E+W+S

“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was given.”.

17. At the end of paragraph (2) of rule 45 (tendered ballot papers: general provisions) insert—E+W+S

“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked”.

18. At the end of paragraph (1) of rule 47 (alteration of registers) insert—E+W+S

“The same list may be used for each relevant election or referendums and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.”.

19. In paragraph (1) of rule 48 (adjournment of poll in case of riot) omit “local” and after “returning officer” insert “who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”.E+W+S

20. In paragraph (1) of rule 49 (procedure on close of poll) after the words “polling agents”, in the first place where they occur, insert “appointed for the purpose of the European Parliamentary election and those appointed for the purposes of each relevant election or referendum”.E+W+S

21. After paragraph (1) of rule 49 (procedure on close of poll) insert—E+W+S

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of packets made up under the corresponding rule that applies at each relevant election or referendum; nor shall the statement prepared under paragraph (3) be so combined.

(1B) References to the local returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”.

22. Omit rules 50 (attendance at verification of ballot paper accounts) and 51 (procedure at verification of ballot paper accounts).E+W+S

23. For paragraph (1) of rule 52 (attendance at counting of votes) substitute—E+W+S

“(1) The local returning officer must make arrangements for counting the votes in the presence of the counting agents after the delivery of the ballot papers to him by the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations —

(a)in the case of a general election of MEPs, before or after the material time and in either case so that the requirements of rule 57(1) are satisfied as soon as practicable after the material time;

(b)in the case of a by-election, as soon as practicable after that delivery,

and must give to the counting agents and the returning officer notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which the count will take place.”

24. For paragraph (1) of rule 53 (the count) substitute—E+W+S

“(1) The local returning officer must –

(a)on receipt of the containers of ballot papers from the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations and after the time specified in the notice given under rule 52(1) in the presence of the counting agents open each container;

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another relevant election or referendum under paragraph 41 of Schedule 2, count such of the postal ballot papers as have been duly returned and record the number counted; and

(c)mix together the postal ballot papers and the ballot papers from the containers and count the votes given on them.

(1A) Where separate ballot boxes have been used, no vote for any individual candidate or registered party shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

(1B) A postal ballot paper must not be deemed to be duly returned unless—

(a)it is returned in the manner prescribed in paragraph 55 of Schedule 2 so as to reach the local returning officer or any polling station in the appropriate area before the close of the poll;

(b)the postal voting statement duly signed (unless the requirement for a signature has been waived) is also returned in that manner before that time;

(c)the postal voting statement states the date of birth of the elector or proxy (as the case may be), and

(d)in a case where steps for verifying the date of birth and signature of an elector or proxy have been taken in accordance with paragraph 63 or 64 of Schedule 2, the local returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).

(1C) In paragraph (1B) the “appropriate area” means—

(a)the area in the local counting area common to the parliamentary constituency, electoral area or voting area (as the case may be) in which the polls at the European Parliamentary election and a relevant election or referendum are being taken together; and

(b)in respect of which polls the voter has been issued with a postal ballot paper.”

25. In paragraph (3) of rule 53 (the count) after the word “while” insert “counting and recording the number of postal ballot papers and”.E+W+S

26. For paragraph (2) of rule 63 (sealing up of ballot papers) substitute—E+W+S

“(2) The local returning officer must not open the sealed packets of—

(a)tendered ballot papers, or

(b)certificates as to employment on duty on the day of the poll.

(3) Where he is the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, the local returning officer must not open the sealed packets of—

(a)the completed corresponding number lists, or

(b)marked copies of a register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies”.

27. In paragraph (1) of rule 64 (delivery and retention of documents), omit sub-paragraphs (c) and (f).E+W+S

28. In the Appendix of forms for Form K (the form of directions for the guidance of voters in voting) substitute—E+W+S

“Form of directions for the guidance of voters in voting

GUIDANCE FOR VOTERS AT COMBINED POLLS

1. When you are given your ballot papers go to one of the compartments.

2A. [At the Parliamentary election, mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate who you are voting for. Vote for ONE candidate only.] *

B. [At the local government election(s), mark a cross (X) in the box on the right hand side of each ballot paper opposite the name of each candidate who you are voting for. [Vote for ONE candidate only]*[Vote for no more than … candidates.]*]*

C. At the European Parliamentary election, mark a cross (X) to the right of the name of the party or individual candidate who you are voting for. Vote for ONE party or candidate only.

#D. [At the Greater London Authority election—*

[(i) in the constituency members’ election, vote for ONE candidate only]*

[(ii) in the London members’ election, vote for ONE party or candidate only]*

[(iii) in the London Mayoral election, vote ONCE in column one for your FIRST CHOICE and ONCE in column two for your SECOND CHOICE.]]*

+E. [At the [specify other election] mark a cross (X) to the right of the candidate who you are voting for. [Vote once only*][VOTE ONCE for your FIRST CHOICE and ONCE for your SECOND CHOICE*].]*

F. [At the referendum mark a cross (X) on the right hand side of the answer of your choice. Vote ONCE only.]*

3. [Please do not fold the ballot papers for the [specify the election(s) at which the votes are to be counted electronically]. Fold any other ballot paper(s) in two. Show the presiding officer the number and other unique identifying mark on the back of the ballot paper, but do not let anyone see your vote. Put each ballot paper in the [appropriate] * ballot box and leave the polling station. ]*

4. [Fold each ballot paper in two and show the back of the ballot paper so as to disclose the number and unique identifying mark to the presiding officer. Do not let anyone see your vote. Put each ballot paper in the [appropriate*] ballot box and leave the polling station.]*

5. Vote only for the number of candidates specified on each ballot paper [and only one of the answers available in the referendum*]. Put no other mark on the ballot papers, or your votes may not count.

6. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

* Complete or omit as necessary

#Alternatively, insert such information as to the manner of voting as the GLRO may decide.

+Alternatively, in the case of a mayoral election, insert such information as to the manner of voting as the returning officer may decide.”

29. In the Appendix of forms, for Form M (the form of declaration to be made by the companion of a voter with disabilities) substitute—E+W+S

“

”

PART 2E+W+SSCOTLAND

1. This Part of this Schedule applies in the circumstances set out in regulation 11(ii) of these Regulations.E+W+S

2.—(1) In rule 22 (the ballot papers) at the end of paragraph (2)(b) omit “and”.E+W+S

(2) At the end of paragraph (2) insert—

“; and

(d)must be of a different colour from that of any ballot papers used at an election the poll for which is taken together with the poll for the European Parliamentary election.”

3. At the end of rule 27 (notice of poll) insert—E+W+S

“(3) The notice published under paragraph (2) must, in addition:

(a)state that the poll at the European Parliamentary election is to be taken together with the poll at a parliamentary or, as the case may be, local government election;

(b)specify the relevant parliamentary constituency or, as the case may be, local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and

(c)where the polls are to be taken together in part of the European Parliamentary electoral region only, specify that part.”.

4. At the end of rule 31 (issue of official poll cards) insert —E+W+S

“(9) An official poll card issued under this rule may be combined with an official poll card issued at a parliamentary election or, as the case may be, local government election.”

5. After paragraph (1) of rule 32 (equipment of polling stations) insert —E+W+S

“(1A) The same ballot box may be used for the poll at the European Parliamentary election and the poll at the parliamentary election or, as the case may be, local government election, if the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations thinks fit.

(1B) Where the same ballot box is not used under paragraph (1A), each ballot box must be clearly marked with—

(a)the election to which it relates, as shown on the ballot papers for that election; and

(b)the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here.””

6. After paragraph (5) of rule 32 (equipment of polling stations) insert—E+W+S

7. For paragraph (7) of rule 32 (equipment of polling stations) substitute —E+W+S

“(7) In every compartment of every polling station there must be exhibited the notice:

”

8. In paragraph (1)(b) of rule 33 (appointment of polling and counting agents) omit the words “the verification of the ballot paper accounts and” and in paragraph (3)(b) of that rule omit the words “verification of the ballot papers accounts or”.E+W+S

9. At the end of paragraph (4) of rule 33 (appointment of polling and counting agents) insert —E+W+S

10. In rule 34(b) (notification of requirement of secrecy) omit the words “the verification of the ballot paper accounts or” and “(3)”.E+W+S

11.—(1) In rule 36(1)(admission to polling station), after sub-paragraph (g) omit “and”.E+W+S

(2) After sub-paragraph (h) insert the following—

“; and

(i)persons entitled to be admitted to the polling station at an election the poll for which is taken together with the poll for the European Parliamentary election.”

12. In rule 39 (questions to be put to voters) in questions 1(b), 2(b), 3(b) and 4 specified in the second column of the table set out in paragraph (1) after the words “at this” (wherever they occur) insert “European Parliamentary”.E+W+S

13. At the end of rule 41 (voting procedure) insert—E+W+S

(a)one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(d) to denote that a ballot paper has been issued in respect of each election; and

(b)where a ballot paper has not been issued in respect of one election only, a different mark must be placed in the register, on the notice or list so as to identify the election in respect of which the ballot paper was issued.”

14. At the end of paragraph (2) of rule 42 (votes marked by presiding officer) insert—E+W+S

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”

15. At the end of paragraph (4) of rule 43 (voting by person with disabilities) insert—E+W+S

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election, unless the list identifies the election at which the vote was given.”

16. At the end of paragraph (2) of rule 45 (tendered ballot papers: general provisions) insert—E+W+S

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which the ballot papers were so marked.”

17. At the end of paragraph (1) of rule 47 (alteration of registers) insert—E+W+S

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election, unless the list identifies the election for which a ballot paper was issued.”

18. At the end of paragraph (1) of rule 48 (adjournment of poll in case of riot) insert “who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations”.E+W+S

19. In rule 49 (1) (procedure on close of poll), after the words “polling agents”, in the first place where they occur, insert “for the European Parliamentary election and for the parliamentary, or as the case may be, local government election”.E+W+S

20. After paragraph (1) of rule 49 (procedure on close of poll) insert —E+W+S

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of packets made up under the corresponding rule that applies at a parliamentary election or, as the case may be, local government election; nor shall the statement prepared under paragraph (3) be so combined.

(1B) References to the local returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations.”

21. Omit rules 50 (attendance at verification of ballot paper accounts) and 51 (procedure at verification of ballot paper accounts).E+W+S

22. For paragraph (1) of rule 52 (attendance at counting of votes) substitute—E+W+S

(a)in the case of a general election of MEPs, before or after the material time and in either case so that the requirements of rule 57(1) are satisfied as soon as practicable after the material time;

(b)in the case of a by-election, as soon as practicable after that delivery,

23. For paragraph (1) of rule 53 (the count) substitute—E+W+S

“(1) The local returning officer must—

(a)on receipt of the containers of ballot papers from the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations and after the time specified in the notice given under rule 52(1), in the presence of the counting agents open each container;

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under paragraph 41 of Schedule 2, count such of the postal ballot papers as have been duly returned and record the number counted; and

(c)mix together the postal ballot papers and the ballot papers from the containers and count the votes given on them.

(1B) A postal ballot paper must not be deemed to be duly returned unless—

(a)it is returned in the manner prescribed in paragraph 55 of Schedule 2 so as to reach the local returning officer or any polling station in the local counting area before the close of the poll;

(b)the duly completed postal voting statement is also returned in that manner before that time;

(c)in a case where steps for verifying the date of birth and signature of an elector or proxy have been taken in accordance with paragraph 63 or 64 of Schedule 2 the local returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).”

24. In paragraph (3) of rule 53 (the count) after the word “while” insert “counting and recording the number of postal ballot papers and”.E+W+S

25. For paragraph (2) of rule 63 (sealing up of ballot papers) substitute—E+W+S

“(2) The local returning officer must not open the sealed packets of—

(a)tendered ballot papers, or

(b)certificates as to employment on duty on the day of the poll.

(3) Where he is the returning officer who discharges the functions referred to in regulation 96 of the 1986 (Scotland) Regulations, the local returning officer must not open the sealed packets of—

(a)the completed corresponding number lists, or

(b)marked copies of a register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.”

26. In paragraph (1) of rule 64 (delivery and retention of documents) omit sub-paragraphs (c) and (f).E+W+S

27. In the Appendix of forms for Form K (the form of directions for the guidance of voters in voting) substitute—E+W+S

“Form of directions for the guidance of voters in voting

GUIDANCE FOR VOTERS AT COMBINED POLLS

1. When you are given your ballot papers go to one of the compartments.

2A. [At the Parliamentary election, mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate who you are voting for. Vote for ONE candidate only.]*

B. [At the local government election, you vote using numbers. Put the number 1 in the box next to the name of the candidate who is your first choice, then put the number 2 in the box next to the name of the candidate who is your second choice, the number 3 in the box next to your third choice, the number 4 in the box next to your fourth choice, and so on. You can mark as many choices as you wish.]*

C. At the European Parliamentary election, mark a cross (X) to the right of the name of the party or individual candidate who you are voting for. Vote for ONE party or candidate only.

3. [Please do not fold the ballot papers for the local government election. Fold the other ballot paper(s) in two. Show the presiding officer the number and other unique identifying mark on the back of the ballot paper, but do not let anyone else see your vote. Put each ballot paper in the [appropriate]* ballot box and leave the polling station.]*

5. Put no other marks on the ballot papers, or your votes may not count.

6. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

* Complete or omit as necessary.”

28. In the Appendix of forms, in Form M (the form of declaration to be made by the companion of a voter with disabilities)—E+W+S

(a)after the words “election now being held in this European Parliamentary electoral region” insert “and the election now being held in this *parliamentary constituency/*electoral area (* delete whichever is inappropriate)”; and

(b)for the words “said election” in both places where they occur substitute “said elections”.]