The Local Authorities (Conduct of Referendums)(England) Regulations 2012

[F1 Refusal to deliver ballot paper E+W

30A.— (1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

(a) the voter’s electoral number, and

(b) against that number, the reason for the refusal.

(2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

(a) the name and address of the voter, and

(b) against those details, the reason for the refusal.

(3) Paragraphs (4) and (5) apply where—

(a) a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 26(1E), and

(b) the voter or proxy makes a further application under rule 26(1).

(4) If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

(5) If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

(6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy).

(7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number—

(a) allocated to the person as stated in the copy of the register of electors, or

(b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(8) Subject to rule 26(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever.

(9) A refusal to deliver a ballot paper to a voter or proxy is subject to review on a referendum petition.

(10) In this rule—

(a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 24(3) or 26(1E), and

(b) any reference to paragraph (1E) or (1G) of rule 26 includes a reference to that paragraph as applied by rule 27, 28 or 29.]

Textual Amendments

F1 Sch. 3 rule 30A inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 48(12) (with reg. 1(6)(7))