The Local Elections (Principal Areas) (Wales) Rules 2021

Questions that may be put to voters E+W

40.—(1) At the time of an application for a ballot paper (but not afterwards), the presiding officer may put to any person described in the first column of Table 1 (set out in paragraph (3)) or in the first column of Table 2 (set out in paragraph (4)), one or more of the questions set out in the corresponding entry in the second column.

(2) If required to do so by the candidate or the candidate’s election or polling agent, the presiding officer must put to any person described in the first column of Table 1 one or more of the questions set out in the corresponding entry in the second column.

(3) Table 1 sets out questions that a presiding officer may put under paragraph (1) and that a candidate (or the candidate’s election or polling agent) may require to be put under paragraph (2).

Table 1

Description	Questions
1. A person applying as an elector	1(a) Are you the person registered in the register of local government electors for this election as follows? Notes to 1(a) The presiding officer must then read the whole entry from the copies of the registration records. 1(b) Have you already voted, in this or another electoral ward, at the election of councillors for this county/county borough, otherwise than as proxy for some other person? Notes to 1(b) The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.
2. A person applying as proxy for an elector other than an elector who has an anonymous entry	2(a) Are you the person whose name appears as AB in the list of proxies for this election as entitled to vote as proxy on behalf of CD? 2(b) Have you already voted, in this or another electoral ward, at the election of councillors for the county/county borough, as proxy on behalf of CD? 2(c) Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD? Notes to 2(a) to (c) Where a question refers to AB, the presiding officer reads out the name as it appears in the list of proxies. Where a question refers to CD, the presiding officer reads out the name of the elector. Note to 2(b) The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.
3. A person applying as proxy for an elector who has an anonymous entry	3(a) Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is [x]? 3(b) Have you already voted as proxy on behalf of the elector whose number on the register of electors is [x]? 3(c) Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is [x]? Note to 3(a) to (c) Where the questions in this entry refer to [x], the presiding officer must read the elector’s number from the copies of the registration records.
4. A person applying as proxy who has been asked the question numbered 2(c) or 3(c) in column 2 and has not answered “Yes”	4. Have you already voted, in this or another electoral ward, at the election of councillors for the county/county borough, on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? Note to 4 The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.

(4) Table 2 sets out the questions that a presiding officer may put under paragraph (1) (but cannot be required to put under paragraph (2)).

Table 2

Description	Questions
1. A person applying as an elector in relation to whom there is an entry in the postal voters list	1(a) Did you apply to vote by post? 1(b) Why have you not voted by post?
2. A person applying as proxy who is named in the proxy postal voters list	2(a) Did you apply to vote by post as proxy? 2(b) Why have you not voted by post as proxy?

(5) A ballot paper must not be given to any person required to answer one or more of the questions in Table 1 or 2 unless the person has answered the question or questions satisfactorily.

(6) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

(7) In this rule, “the copies of the registration records” means the copies provided by the returning officer for the polling station under rule 32(3)(b) and (c) (copies of the relevant register of electors and copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act relating to the relevant register of electors).

Commencement Information

I1 Sch. 1 rule 40 in force at 17.12.2021, see rule 1