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39.—(1) A ballot paper must be delivered to a voter who applies for one, and immediately before delivery—
(a)the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors must be called out,
(b)the number of the elector must be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him,
(c)a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been applied for but without showing the particular ballot paper which may be delivered,
(d)in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.
(2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card and only his number may be called out in pursuance of paragraph (1)(a).
(3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—
(a)in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”,
(b)in sub-paragraph (c), for “in the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.
(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper into the ballot box in the presiding officer's presence, but so as to conceal his vote.
(5) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.
(6) A voter who has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—
(a)immediately cancel the ballot paper, and for the purposes of these rules treat it as a spoilt ballot paper,
(b)place a mark beside the number of that ballot paper on the corresponding number list to show that the ballot paper has been cancelled.
(7) The same copy of—
(a)the list of proxies,
(b)the register of electors,
(c)any notice issued under section 13B(3B) or (3D) of the 1983 Act (marked in the case of an elector who is added to the register in pursuance of such a notice),
may be used for the election and each relevant election and referendum and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each election and referendum; except that, where a ballot paper has not been issued in respect of any election or referendum, a different mark must be placed in the list, register or notice so as to identify the election or referendum in respect of which a ballot paper was issued.
(8) At an ordinary election, the same copy of the list mentioned in rule 29(3)(e), may be used for each Authority election and one mark may be placed in the list, to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, so as to identify the elections in respect of which a ballot paper was issued.
[F1(9) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.]
Textual Amendments
F1Sch. 6 rule 39(9) inserted (8.2.2016) by The Greater London Authority Elections (Amendment) Rules 2016 (S.I. 2016/24), rules 1(2), 9(5)(a)
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