The European Union Referendum (Conduct) Regulations 2016

Votes marked by presiding officer

35.—(1) This regulation applies where a voter applies to the presiding officer to mark the voter’s ballot paper and the voter—

(a) is incapacitated by blindness or other disability from voting in the manner directed by this Part, or

(b) declares orally that he or she is unable to read.

(2) The presiding officer must, in the presence of the polling agents—

(a) cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and

(b) cause the ballot paper to be placed in the ballot box,

but in Northern Ireland this is subject to paragraph (3).

(3) In the case of a voter who makes an application in Northern Ireland under this regulation, regulation 32 applies as if the references to delivering a ballot paper were references to causing the voter’s vote to be marked on the ballot paper.

(4) The name of every voter whose vote is marked in pursuance of this regulation must be entered on a list (called in this Part “the list of votes marked by the presiding officer”), together with—

(a) the voter’s number on the register of electors, and

(b) the reason for the vote being marked in pursuance of this regulation.

(5) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name is the elector’s number.

(6) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the reference in paragraph (4)(a) to the voter’s number on the register of electors is to be read as a reference to the number relating to the voter on the notice.