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PART 5N.I.ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Receipt of Postal Ballot PapersN.I.

[F1Alternative means of returning postal ballot paperN.I.

81B.  For the purposes of rule 45(2)(a) of the election rules, a postal ballot paper—

(a)may be returned to the returning officer by post or by hand, and

(b)must be returned to the returning officer in a covering envelope.]

Textual Amendments

Notice of opening of postal ballot paper envelopesN.I.

82.—(1) The returning officer shall give to each candidate not less than 48 hours’ notice in writing of each occasion on which a postal voters’ ballot box and the envelopes contained in it are 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 a candidate may appoint under regulation 73(1) to attend each opening.

Modifications etc. (not altering text)

Postal ballot boxes and receptaclesN.I.

83.—(1) The 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 constituency for which the election is 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 returning officer shall then lock the postal ballot box 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 returning officer shall provide the following receptacles—

(a)the receptacle for rejected votes;

(b)the receptacle for declarations of identity; and

(c)the receptacle for ballot paper envelopes.

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

Modifications etc. (not altering text)

Receipt of covering envelope [F2by post]N.I.

84.—[F3(1)] The returning officer shall, immediately on receipt [F4by post] of a covering envelope before the close of the poll, place it unopened in a postal voters’ ballot box.

[F5(2) This regulation does not apply to the receipt of a covering envelope for a tendered postal ballot paper.]

Textual Amendments

Modifications etc. (not altering text)

[F6Return of postal voting documents by handN.I.

84A.—(1) This regulation applies where a person (“P”) seeks to hand in a postal voting document before the close of the poll.

(2) P must complete a form containing the information prescribed in regulation 84B(1) (a “return of postal voting documents form”) in relation to—

(a)that postal voting document, and

(b)any other postal voting documents which P is seeking to hand in at that time.

(3) The returning officer must then decide whether to reject any of the postal voting documents handed in by P.

(4) Where the returning officer does not reject any of the postal voting documents handed in by P, the returning officer must proceed under regulation 84D.

(5) Where the returning officer rejects one or more of the postal voting documents handed in by P, the returning officer must proceed under regulation 84E.

(6) For the purposes of this regulation and regulations 84B to 84E (so far as relevant), each covering envelope handed in by P is to remain unopened; and references to postal voting documents handed in by P in those regulations are to postal voting documents as contained in such envelopes.

(7) In this regulation, “reject” means reject under regulation 84C.

Textual Amendments

Modifications etc. (not altering text)

Return of postal voting documents form: prescribed informationN.I.

84B.—(1) For the purposes of regulation 84A(2), the prescribed information is—

(a)P’s name and address;

(b)the total number of covering envelopes that P is handing in;

(c)whether P is handing in postal voting documents issued to P as an elector;

(d)whether P is handing in postal voting documents issued to P as a proxy, and if so for how many electors;

(e)whether P is handing in postal voting documents which were not issued to P, and if so for how many electors and why;

(f)a declaration by P that—

(i)the number of electors for whom P has handed in postal voting documents for the election concerned, including those postal voting documents being handed in at that time, but excluding those issued to P and those rejected in accordance with regulation 84C on a previous occasion, does not exceed the permitted number (see further, regulation 84C), and

(ii)either—

(aa)to the best of P’s knowledge, P is not a political campaigner for whom it is an offence under section 112A of the 1983 Act (offences relating to handling of postal voting documents) to handle the postal voting documents concerned, or

(bb)P is a political campaigner and is only handing in postal voting documents for one or more persons mentioned in paragraph (2).

(2) The persons are—

(a)P,

(b)P’s spouse, civil partner, parent, grandparent, brother, sister, child and grandchild, and

(c)someone for whom P provides regular care or for whom regular care is provided by an organisation which employs or engages P.

(3) For the purposes of paragraph (2)—

(a)two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other;

(b)a reference to a person who “engages” another person, or to a person who provides care for another person, includes a reference to a person who engages or provides care otherwise than for payment or promise of payment.

Textual Amendments

Modifications etc. (not altering text)

Rejection of postal voting documents handed in to the returning officerN.I.

84C.—(1) The returning officer must reject—

(a)all postal voting documents handed in together by P, where P fails to provide all the information prescribed in regulation 84B(1) on the return of postal voting documents form;

(b)all postal voting documents handed in together by P, where the returning officer has reasonable cause to suspect that the documents are handed in on behalf of more than five electors;

(c)all postal voting documents handed in together by P, where the returning officer has reasonable cause to suspect that, taking those documents together with any postal voting documents handed in by P on any previous occasion, disregarding any that were rejected in accordance with this regulation, P has handed in postal voting documents on behalf of more than five electors.

(2) In paragraph (1)(b) and (c)—

(a)references to postal voting documents handed in by P are to postal voting documents relating to the same election, but do not include references to a postal voting document issued to P;

(b)“electors” means persons who are electors in relation to the election to which the postal voting documents handed in by P relate.

(3) Where P hands in postal voting documents completed by P as proxy for one or more electors, for “five” in paragraph (1)(b) and (c), substitute the number that is five minus the number of electors for whom P is handing in, or has handed in on a previous occasion, postal voting documents as proxy.

(4) The returning officer may reject a postal voting document handed in by P where the returning officer knows or has reasonable cause to suspect that, in handing in the document, P commits an offence under section 112A of the 1983 Act.

Textual Amendments

Modifications etc. (not altering text)

Procedure where no postal voting document handed in by P is rejected in accordance with regulation 84CN.I.

84D.—(1) Where the returning officer is required by regulation 84A(4) to proceed under this regulation, the returning officer must take the following steps.

(2) The returning officer must immediately endorse the return of postal voting documents form completed by P to confirm—

(a)that the returning officer—

(i)is satisfied that all the information prescribed in regulation 84B(1) has been provided on the form,

(ii)does not have reasonable cause to suspect that the number of electors for whom P has handed in postal voting documents for the election concerned, including those postal voting documents handed in at that time, but excluding those issued to P and those rejected on a previous occasion, exceeds the permitted number (see further, regulation 84C), and

(iii)does not know or have reasonable cause to suspect that P is a political campaigner who is committing an offence under section 112A of the 1983 Act, and

(b)that none of the postal voting documents to which the return of postal voting documents form relates have been rejected.

(3) The returning officer must then immediately place each postal voting document handed in by P in a postal voters’ ballot box.

(4) The returning officer must include the return of postal voting documents form completed by P in a packet made up in accordance with regulation 84G(1)(a) before the end of the day on which the postal voting documents are handed in by P.

(5) Until such time as the form is included in such a packet, the returning officer must take proper precautions for its safe custody.

(6) In this regulation, “rejected” means rejected in accordance with regulation 84C.

Textual Amendments

Modifications etc. (not altering text)

Procedure where at least one postal voting document handed in by P is rejected under regulation 84CN.I.

84E.—(1) Where the returning officer is required by regulation 84A(5) to proceed under this regulation, the returning officer must take the following steps.

(2) The returning officer must immediately indicate on the return of postal voting documents form—

(a)in relation to each rejected postal voting document handed in by P, the fact of the rejection and the reason or reasons for the rejection;

(b)in relation to each postal voting document handed in by P which has not been rejected, the fact that it has not been rejected.

(3) The returning officer must then immediately—

(a)place in a postal voters’ ballot box each postal voting document handed in by P which has not been rejected, and

(b)attach the return of postal voting documents form to all the rejected postal voting documents handed in by P.

(4) The returning officer must, before the end of the day on which the postal voting documents are handed in by P, include in a packet made up in accordance with regulation 84G(1)(b)—

(a)each rejected postal voting document handed in by P, and

(b)the attached return of postal voting documents form.

(5) Until such time as each rejected postal voting document handed in by P and the attached form are included in such a packet, the returning officer must take proper precautions for their safe custody.

(6) In this regulation, “rejected” means rejected in accordance with regulation 84C.

Textual Amendments

Modifications etc. (not altering text)

Postal voting documents left behind with the returning officerN.I.

84F.—(1) This regulation applies in relation to a postal voting document (whether or not in a covering envelope) which is brought into the offices of the returning officer so that it may be handed in to a person but is left behind there without being handed in (a “left behind postal voting document”).

(2) The returning officer must, before the end of the day on which the postal voting document is found—

(a)write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,

(b)attach the form to the left behind postal voting document, and

(c)include the left behind postal voting document and the attached form in a packet made up in accordance with regulation 84G(1)(b).

(3) Until such time as the left behind postal voting document and the attached return of postal voting documents form are included in a packet made up in accordance with regulation 84G(1)(b), the returning officer must take proper precautions for their safe custody.

(4) For the purposes of paragraph (2), the returning officer must use a different return of postal voting documents form for each left behind postal voting document, except where the left behind postal voting documents—

(a)are contained in the same covering envelope, or

(b)otherwise, were issued to the same person.

(5) For the purposes of this regulation, each covering envelope which is brought into the offices of the returning officer so that it may be handed in to a person but is left behind there without being handed in is to remain unopened; and references to left behind postal voting documents in paragraphs (2) to (3) are, in appropriate cases, to left behind postal voting documents as contained in such envelopes.

Textual Amendments

Modifications etc. (not altering text)

Packets of postal voting documents and return of postal voting documents formsN.I.

84G.—(1) The returning officer must make up separate packets for each of the following—

(a)return of postal voting documents forms endorsed by the returning officer under regulation 84D(2);

(b)postal voting documents which have been rejected in accordance with regulation 84C or are left behind postal voting documents, together with the return of postal voting documents forms which are attached to those documents.

(2) Each packet must be sealed with a description of its contents written on the packet.

(3) The returning office must take proper precautions for the safe custody of each packet referred to in this regulation.

Textual Amendments

Modifications etc. (not altering text)

List of electors whose postal voting documents have been rejected in accordance with regulation 84C or left behindN.I.

84H.—(1) In respect of each election, subject to paragraph (5), the returning officer must compile a list of electors whose postal voting documents—

(a)have been rejected in accordance with regulation 84C or were left behind postal voting documents, and

(b)included a declaration of identity.

(2) The returning officer must record in the list the information specified in paragraph (3) in relation to each such elector.

(3) The information is—

(a)the name and address of—

(i)the elector, and

(ii)if a proxy was entitled to vote on the elector’s behalf, the proxy,

(b)the number on the register of electors of—

(i)the elector, and

(ii)if a proxy was entitled to vote on the elector’s behalf, the proxy,

(c)where—

(i)the elector’s postal voting documents were rejected in accordance with regulation 84C, the reason or reasons specified in paragraph (4) for the rejection of the postal voting documents;

(ii)the elector’s postal voting documents were left behind postal voting documents, that fact,

(d)an indication as to whether the elector’s postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the elector’s declaration of identity, and

(e)any other information that the returning officer considers appropriate, but not the number of the postal ballot paper.

(4) The specified reasons are—

(a)the postal voting documents were handed in to the returning officer but the return of postal voting documents form was not fully completed with the required information;

(b)the postal voting documents were handed in to the returning officer but the number of electors for whom P handed in postal voting documents exceeded or was suspected to exceed the permitted number;

(c)the postal voting documents were handed in or were suspected to be handed in by a political campaigner (within the meaning of section 112A(7) of the 1983 Act) who was not permitted to hand in those postal voting documents.

(5) For the purposes of compiling the list, the returning officer must—

(a)open each packet made up in accordance with regulation 84G(1)(b),

(b)open separately each covering envelope in that packet and any ballot paper envelope in that covering envelope, and

(c)having recorded all the relevant entries relating to that packet in the list, reseal the packet with its original contents.

(6) In compiling the list, the returning officer—

(a)must keep the postal ballot papers face downwards and take proper precautions for preventing any person from seeing the votes made on the postal ballot papers, and

(b)is not permitted to view the corresponding number list used at the issue of postal ballot papers.

Textual Amendments

Modifications etc. (not altering text)

Notification of a postal ballot paper rejected in accordance with regulation 84C or left behindN.I.

84I.—(1) This regulation applies where—

(a)an elector appears on the list compiled in accordance with regulation 84H(1),

(b)the information recorded on the list indicates that the elector’s postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the elector’s declaration of identity, and

(c)the elector also appears on the record kept under section 6(3) of the 1985 Act (absent vote at elections for indefinite period).

(2) The registration officer must notify the following persons that the elector’s postal ballot paper was rejected in accordance with regulation 84C or (as the case may be) was a left behind postal voting document—

(a)the elector, and

(b)if a proxy was entitled to vote on the elector’s behalf, the proxy.

(3) The notification must include—

(a)where the elector’s postal ballot paper was rejected in accordance with regulation 84C, the reason or reasons for its rejection recorded on the list in accordance with regulation 84H(3)(c)(i), or

(b)where the elector’s postal ballot paper was a left behind postal voting document, that fact.

(4) The registration officer must send the notification within the period of three months beginning with the date of poll for which the elector’s postal ballot paper was issued.

(5) The registration officer is not obliged to send a notification to any person—

(a)who no longer appears on the record kept under section 6(3) of the 1985 Act at the time the registration officer proposes to send the notification, or

(b)whom the returning officer suspects may have committed an offence, other than an offence under section 112A of the 1983 Act (offences relating to handling of postal voting documents), in relation to—

(i)the elector’s postal voting documents, or

(ii)the elector’s registration on the register.

(6) A notification issued under paragraph (2) may include any additional information that the registration officer considers appropriate, subject to paragraph (7).

(7) The notification must not include the following information in relation to either the elector or, if a proxy was entitled to vote on the elector’s behalf, the proxy—

(a)date of birth;

(b)signature, or a record of the waiver by the registration officer of the requirement for a signature;

(c)national insurance number;

(d)(if applicable) digital registration number.

(8) In this regulation, “digital registration number” has the same meaning as in section 10B(1) of the 1983 Act.]

Textual Amendments

Modifications etc. (not altering text)

Opening of postal voters’ ballot boxN.I.

85.—(1) Each postal voters’ ballot box shall be opened by the returning officer in the presence of the agents.

(2) So long as the 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 counting of the votes under rule 45(1) of the elections rules.

Modifications etc. (not altering text)

Opening of covering envelopesN.I.

86.—(1) When a postal voters’ ballot box is opened, the returning officer shall count and record the number of covering envelopes, and shall then open each covering envelope separately.

(2) The procedure in regulation 87 applies where a covering envelope contains both—

(a)a declaration of identity; and

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

(3) Where the covering envelope does not contain the declaration of identity separately, the 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,

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

[F7(5) In carrying out the procedures in this regulation and regulations 87 and 88, the returning officer—

(a)must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b)is not permitted to view the corresponding number list used at the issue of postal ballot papers.

(6) Where a covering envelope opened in accordance with paragraph (1) contains a declaration of identity, the returning officer must place a mark in the marked copy of the absent voters list or list of postal proxies in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(7) A mark made under paragraph (6) must be distinguishable from and must not obscure the mark made under regulation 76(2) (procedure on issue of postal ballot paper).

(8) As soon as practicable after the last covering envelope has been opened, the returning officer must—

(a)make up into a packet the copy of the marked absent voters list and list of postal proxies that has been marked in accordance with paragraph (6), and

(b)seal such a packet.]

Textual Amendments

Modifications etc. (not altering text)

Procedure in relation to declarations of identityN.I.

87.—(1) A declaration of identity is a valid declaration of identity for the purposes of this Part of these Regulations if—

(a)it is duly signed by the voter and authenticated by a witness who has signed the declaration F8...; and

(b)in the case of an elector, the requirements of rule 45(2)(b) and (2A)(2)) of the elections rules are satisfied.

[F9(1A) A person must not sign the declaration as a witness under paragraph (1)(a) unless he is—

(a)aged 18 years or over; and

(b)satisfied to the best of his knowledge and belief as to the identity of the voter.]

(2) The returning officer must satisfy himself that the declaration of identity is a valid declaration of identity.

(3) Where the 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 and, subject to paragraph (4), place it in the receptacle for rejected votes.

(4) Before placing the declaration in the receptacle for rejected votes, the 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”.

(5) The returning officer shall then examine the number on the declaration of identity against the number 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.

(6) Where—

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

(b)that envelope has no number on it [F10and the number is not displayed through a window in it],

the returning officer shall open the envelope.

(7) Paragraph (8) 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 regulation 86(3) or paragraph (6).

(8) In the circumstances described in paragraph (7), the returning officer shall place—

(a)in the postal ballot box, any ballot paper the number on which is the same as the number 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 “rejected”;

(c)in the receptacle for rejected votes, any valid declaration of identity marked “rejected” where there is no ballot paper;

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

Textual Amendments

Modifications etc. (not altering text)

Opening of ballot paper envelopesN.I.

88.—(1) The 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 on the ballot paper envelope;

(b)in the receptacle for rejected votes, any other ballot paper which shall be marked “rejected” and to which shall be attached the ballot paper envelope; and

(c)in the receptacle for rejected votes any ballot paper envelope which shall be marked “rejected” because it does not contain a ballot paper.

Modifications etc. (not altering text)

Sealing of receptaclesN.I.

89.  As soon as practicable after the completion of the procedure under regulation 88, the returning officer shall make up into separate packets the contents of—

(a)the receptacle of rejected votes; and

(b)the receptacle of declarations of identity,

and shall seal up such packets.

Modifications etc. (not altering text)

Abandoned pollN.I.

90.  Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—

(a)shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of these Regulations; and

(b)shall, notwithstanding regulations 86 to 88, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

Modifications etc. (not altering text)

Forwarding of documentsN.I.

91.—(1) The returning officer shall forward to the Clerk of the Crown for Northern Ireland at the same time as he forwards the documents mentioned in rule 55(3) of the elections rules—

(a)any packets referred to in regulations 79, 81(5) [F11, 81A(11)] [F12, 84G(1)(a)] and 89, subject to regulation 90, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency for which the election was held; F13...

[F14(aa)the list of spoilt ballot papers and the list of tendered postal ballot papers; and]

(b)a completed statement in Form N.

(2) Where—

(a)any covering envelopes are received by the returning officer after the close of the poll;

(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 returning officer shall put them unopened in a separate packet, seal up that packet and endorse and forward it at a subsequent date in the manner described in paragraph (1).

[F15(2A) The returning officer must also forward to the Clerk of the Crown for Northern Ireland the list compiled in accordance with regulation 84H(1), together with the packets made up in accordance with regulation 84G(1)(b) and resealed in accordance with regulation 84H(6)(c), as soon as reasonably practicable after the registration officer has met the duty in regulation 84I(2) in relation to each elector on the list.]

(3) Rules 56(4) and 57(5) of the elections rules shall apply to any packet or document forwarded under this regulation [F16, subject to paragraph (3A)].

[F17(3A) For the purposes of the application of rules 56 and 57 of the election rules to the packets and documents forwarded under this regulation, the following are to be treated in the same manner as a counted ballot paper—

(a)the list compiled in accordance with regulation 84H(1) and any extracts from it;

(b)return of postal voting documents forms.]

(4) A copy of the statement referred to in paragraph (1)(b) shall be provided by the returning officer to the Electoral Commission.

Textual Amendments

Modifications etc. (not altering text)

(1)

Rule 45 was amended by Schedule 4 to the 1985 Act (c.50), Schedule 6 to the 2000 Act (c.2), section 3(4)(c) of the 2002 Act (c.13) and Schedule 1 to the 2006 Act (c.22).

(2)

Rule 45(2)(b) was amended by, and paragraph (2A) was inserted by, section 3(4)(c) of the 2002 Act.

(3)

Rule 55 has been amended by S.I.2001/1149, section 13(1) and (4) of the 2000 Act (c.2), sections 31, 41 and 45 of, and Schedule 1 to, the 2006 Act (c.22).

(4)

Rule 56 has been amended by sections 31 and 41 of the 2006 Act.

(5)

Paragraph (1) of rule 57 was amended by, paragraph (3) was substituted by, and paragraphs (4) to (9), of rule 57 were inserted by section 41 of the 2006 Act (c.22); paragraph (1A) was inserted by section 47 of, paragraph 95(3) of Schedule 1 to, the 2006 Act and paragraph (2) was substituted by section 31 of that Act. The amendments made to rule 57 by section 70 of the 2006 Act do not extend to Northern Ireland (see section 78(3)).