Electoral Law Act (Northern Ireland) 1962

2. Introductory Text

Part I (ss.1‐8) rep. by 1989 c. 3

3. Part II—S.9 rep. by 1968 c.20 (NI); SI 1973/2163. S.10...

4. Part IIA (ss.10A‐10C) inserted by 1968 c.20 (NI) s.6(1), rep....

5. PART III LOCAL AUTHORITIES

   1. 11. Election and term of office of members of district councils.

   2. Ss.12, 13 rep. by SLR 1980

6. PART IV OFFICERS

   1. [14. Appointment of Chief Electoral Officer.

   2. [14A. Appointment of persons to assist Chief Electoral Officer.

   3. [14B. Travelling and subsistence allowances.

   4. 15. Duties of Chief Electoral Officer.

   5. Ss.16—20 rep. by 1972 NI 13

   6. 21. Expenses of registration.

   7. 22. Remuneration and expenses of returning officer at parliamentary election.

   8. 23. Remuneration and expenses of Chief Electoral Officer and other persons at local election.

   9. 24. Claims against, and taxation of expenses of, returning officer.

   10. 25. Remuneration retainable by officers.

   11. S.26 rep. by 1972 NI 13

   12. 27. Mutual assistance by officers, etc.

7. PART V REGISTRATION OF ELECTORS AND VOTING

   1. 28. Preparation and publication of registers.

   2. 29. Miscellaneous provisions as to registration and voting.

   3. S. 30 rep. by 1969 c. 26 (NI)

   4. Ss. 31, 32 rep. by 1989 c. 3

   5. S. 33 rep. by 1968 c. 20 (NI)

8. PART VI THE ELECTION CAMPAIGN

   1. 34. Appointment of election agent.

   2. 35. Sub-agents at parliamentary elections.

   3. 36. Offices of election agent and sub-agent.

   4. 37. Default in appointing election agent.

   5. 38. Making of contracts through election agent.

   6. 39. Payment of expenses at an election through election agent.

   7. 40. Personal expenses of candidate and petty expenses at an election.

   8. 41. Prohibition of unauthorised expenses.

   9. 42. Limitation of expenses at an election.

   10. 43. Time for sending in and paying claims.

   11. 44. Disputed claims.

   12. 45. Claim by election agent at an election.

   13. 46. Return as to expenses at an election.

   14. 47. Declarations as to expenses at a parliamentary election.

   15. 48. Penalty for sitting or voting after failure to transmit return and declarations.

   16. 49. Authorised excuses for failures as respects return and declarations.

   17. 50. Power of court to require information from election agent or sub-agent.

   18. 51. Publication of summary of return as to election expenses at elections.

   19. 52. Inspection of returns and declarations.

   20. 53. Right to send election address post free.

   21. 54. Rateability of premises unaffected by election meeting thereon.

   22. 55. Duty on and licences for carriages, etc., used at elections.

   23. 56. Rights of creditors.

9. PART VII CONDUCT OF ELECTIONS

   1. 57. Rules for conduct of elections.

   2. 58. Saving as respects acts, etc., of officers.

   3. 59. Returning officer not disqualified for voting.

   4. 60. Candidates' deposits.

   5. 61. Return or disposal of deposit.

   6. 62. Plural candidatures prohibited.

   7. 63. Offices of returning officers at parliamentary elections.

   8. 64. Offices of returning officers at local elections.

   9. 65. Polling station schemes.

   10. 66. Voting by post.

   11. 67. Voting by proxy.

   12. S.68 rep. by 1969 c.26 (NI)

10. Part VIII (ss.69—71) rep. by 1968 c.20 (NI)

11. PART IX QUESTIONING OF ELECTIONS

    1. 72. Election courts.

    2. 73. Attendance of Director of Public Prosecutions at trial of election petition.

    3. 74. Method of questioning parliamentary election.

    4. 75. Presentation and service of parliamentary election petition.

    5. 76. Time for presentation or amendment of parliamentary election petition.

    6. 77. Conclusion of trial of parliamentary election petition.

    7. 78. Method of questioning local election.

    8. 79. Presentation and service of local election petition.

    9. 80. Time for presentation or amendment of local election petition.

    10. 81. Conclusion of trial of local election petition.

    11. 82. Consequences of avoidance of local election.

    12. 83. Special case for determination of Court of Appeal.

    13. 84. Withdrawal of petition.

    14. Ss. 85‐90 rep. by SI 2001/417

    15. 91. Costs of petition.

    16. 92. Further provision as to costs of petition.

    17. 93. Jurisdiction.

    18. 94. Report as to candidate guilty of a corrupt or illegal practice.

    19. 95. Avoidance of election and incapacity of candidate reported guilty of a corrupt or illegal practice.

    20. 96. Provisions applying to all persons reported personally guilty of a corrupt or illegal practice.

    21. 97. Disciplinary action on report of corrupt practice.

    22. 98. Avoidance of election for general corruption, etc.

    23. 99. Avoidance of election for employing corrupt agent.

    24. 100. Votes to be struck off for corrupt or illegal practices.

    25. 101. Service of notices, etc.

    26. 102. Rules of court.

12. PART X ELECTORAL MISDEMEANOURS

    1. 103. Electoral misdemeanours.

    2. 104. Giving of leave of absence to employees to record their votes.

    3. 105. Prosecution and trial of electoral misdemeanours.

    4. 106. Prosecution of offences disclosed on election petition.

    5. 107. Power to except innocent act from being illegal practice, payment, employment or hiring.

    6. 108. Penalties for corrupt practices.

    7. 109. Penalty for illegal practices.

    8. 110. Compensation where charge of personation is unjustly made or not prosecuted.

    9. 111. Penalties for electoral offences by officers and other persons.

    10. 112. Incapacities resulting from convictions for corrupt or illegal practices.

    11. 113. Mitigation and remission of incapacities.

    12. 114. Corrupt and illegal practices committed by agents.

    13. 115. Prosecutions for offences committed outside Northern Ireland.

    14. 116. Evidence by certificate of holding of elections.

    15. S.117 rep. by 1968 c.10 (NI)

    16. 118. Time limit for prosecutions.

    17. 119. Offences by corporations.

    18. 120. Provisions as to Director of Public Prosecutions.

13. PART XI MISCELLANEOUS AND GENERAL

    1. S.121 rep. by 1989 c. 3

    2. 122. Effect of incapacities with respect to the Parliament of the United Kingdom.

    3. 123. Publication of notices and documents.

    4. 124. Misnomer, inaccurate description, etc.

    5. 125. Use of mark in place of signature.

    6. 126. Amendment of forms in Tenth Schedule.

    7. S.126A rep. by 1969 c.26 (NI)

    8. 127. Electoral regulations.

    9. 128. Financial provisions.

    10. 129. Without prejudice to sub-section (4) of section thirty-nine of the...

    11. 130. Interpretation.

    12. 131. Savings.

    13. 132. Short title.

14. SCHEDULES

    1. Schedule 1 rep. by 1989 c. 3

    2. Schedule 2 rep. by 1968 c.20 (NI); SI 1973/2163

    3. Schedule 3 rep. by 1989 c. 3

    4. Schedule 4 rep. by SLR 1980

    5. SCHEDULE 5

       Local Elections Rules

       1. Part I Provisions as to Time and Interpretation

          1. 1. Timetable

          2. 2. Computation of time

          3. 3. Returning officer

       2. Part II Stages Common to Contested and Uncontested Elections

          1. 4. Notice of election

          2. 5. Nomination of candidates

          3. 5A. Nomination papers: name of registered political party

          4. 6. Subscription of nomination paper

          5. 7. Consent to nomination

          6. 8. Place for delivery of nomination papers

          7. 9. Right to attend nomination

          8. 10. Decisions as to validity of nomination papers

          9. 11. Withdrawal of candidates

          10. 12. Publication of nominations

          11. 13. Adjournment of nomination proceedings in case of riot

          12. 14. Method of election

       3. Part III Contested Elections

          1. 15. Poll to be taken by ballot

          2. 16. The ballot papers

          3. 17. The official mark

          4. 18. Prohibition of disclosure of vote

          5. 19. Use of schools and public rooms

          6. 20. Notice of poll

          7. 21. Postal ballot papers

          8. 22. Provision of polling stations

          9. 23. Appointment of presiding officers and clerks

          10. Rule 24 omitted by SI 1987/168

          11. 25. Issue of official poll cards

          12. 26. Equipment of polling stations

          13. 27. Appointment of polling and counting agents

          14. 28. Notification of requirement of secrecy

          15. 29. Admission to polling station

          16. 30. Keeping of order in station

          17. 31. Sealing of ballot boxes

          18. 32. Questions to be put to voters

          19. 33. Challenge of voter

          20. 34. Voting procedure

          21. 35. Votes marked by presiding officer

          22. 36. Voting by persons with disabilities

          23. 37. Tendered ballot papers

          24. 38. Refusal to deliver ballot paper

          25. 39. Spoilt ballot papers

          26. 39A. Correction of errors on day of poll

          27. 40. Adjournment of poll in case of riot

          28. 41. Procedure on close of poll

       4. Part IV Counting of Votes

          1. 42. Interpretation

          2. 43. Place and time for, and manner of, counting of votes

          3. 44. Attendance at counting of votes

          4. 45. Preliminary proceedings and conduct of the count

          5. 46. Rejected ballot papers

          6. 47. First stage

          7. 48. The quota

          8. 49. Transfer of votes

          9. 50. Supplementary provisions on transfer

          10. 51. Exclusion of candidates

          11. 52. Filling of last vacancies

          12. 53. Re-count

          13. 53A. Ballot papers in wrong box

          14. 54. Order of election of candidates

          15. 55. Decisions of returning officer

       5. Part V Final Proceedings in Contested and Uncontested Elections

          1. 56. Declaration of result

       6. Part VI Disposal of Documents

          1. 57. Sealing up of ballot papers

          2. 58. Forwarding of documents

          3. 59. Orders for production of documents

          4. 60. Retention and public inspection of documents

       7. Part VII Death of Candidate

          1. 61. Countermand or abandonment of poll on death of candidate

          2. APPENDIX OF FORMS

             1. 1.  Form of nomination paper (rule 5)

          3. ELECTION OF DISTRICT COUNCILLORS

             1. District of ....................................................................................................

             2. District Electoral Area ....................................................................................................

             3. Day of election ....................................................................................................

             4. We, the undersigned, being electors in the above-mentioned district electoral...

             5. NOTES

             6. 1. The attention of candidates and electors is drawn to the...

             7. 2. Where the candidate is commonly known by some title he...

             8. Note 3 rep. by SI 2001/417

             9. 4. An elector must not sign more nomination papers for the...

             10. 5. A person whose name is entered in the register. ....

             11. 2. Candidate's consent to nomination (rule 7)

          4. ELECTION OF DISTRICT COUNCILLORS

             1. I ( name in full) ................................................................................

             2. of ( home address in full ....................................................................................................

             3. hereby consent to my nomination as a candidate for election...

             4. I declare that I have attained the age of 21...

             5. I further declare that to the best of my knowledge...

             6. I declare that, if elected, I will not by word...

             7. a. any organisation that is for the time being a proscribed...

             8. b. acts of terrorism (that is to say, violence for political...

             9.  Signed ........................................

             10.  Date ........................................

             11. Signed in my presence

             12. Signature of witness ................................................................................

             13. Name and address................................................................................

             14. of witness (in................................................................................

             15. CAPITAL LETTERS)................................................................................

          5. 3.  Ballot paper (rule 16) Form of back of ballot...

             1. 3.  Ballot paper (rule 16)

             2. Form of back of ballot paper

             3. 4.  Directions as to printing the ballot paper (rule 16)...

             4. 1. Nothing is to be printed on the ballot paper except...

             5. 2. The following arrangements shall be observed in the printing of...

             6.   (a) apart from the instructions Mark order of preference...

             7.   (b) no rule shall be printed on the face...

             8.   (c) the whole space between the top and the...

             9. 3.

             10.   (a) The front of the ballot paper shall contain...

             11.   (b) the surname of each candidate and his political...

             12. (c)  where the surnames of two or more candidates are...

             13.   (d) the list of candidates shall be arranged either...

             14. . . . . . . . . . ....

             15. 3A. Where an emblem is to be printed against a candidate's...

             16. 4. Any reference in these directions to the particulars of a...

             17. 5. Declaration of identity (rule 21)

          6. Front of form

          7. ELECTION OF DISTRICT COUNCILLORS

          8. DECLARATION BY VOTER

             1. . . .

             2. I hereby declare that I am the person to whom...

             3. Except where the voter is a proxy:

             4. My date of birth is................................................................................

             5. Voter's signature ................................................................................

             6. Voter's signature ................................................................................

          9. CERTIFICATION BY WITNESS

             1. The voter who is personally known to me has signed...

             2. Witness's signature............................................................Date........................................

             3. Name of Witness ................................................................................

             4. (WRITE CLEARLY)

             5. Address ................................................................................

             6. (WRITE CLEARLY)

          10. SEE INSTRUCTIONS ON THE BACK OF THIS FORM

          11. Back of form

          12. INSTRUCTIONS TO THE VOTER

              1.  1. You should place the figure 1 opposite the name of...

              2.  2. The figure or figures should be placed in the spaces...

              3.  3. In no circumstances write anything else on the paper; if...

              4.  4. Immediately after voting you must place the marked ballot paper...

              5.  5. Then take the sealed ballot paper envelope and the voter's...

              6.  6. Enclose the signed and witnessed declaration and the sealed ballot...

              7.  7. If you receive more than one ballot paper it must...

              8. Paras. 8, 9 omitted by SI 1990/595

              9. 8. If you inadvertently spoil your postal ballot paper, you...

              10. 5A. Declaration of identity (combined polls) (rule 21) ( for...

          13. Front of form

          14. ELECTION OF DISTRICT COUNCILLORS

          15. DECLARATION OF IDENTITY

              1. To be returned with the [ insert colour of ballot...

              2. I hereby declare that I am the person to whom...

              3. Voter's signature

              4. The voter, who is personally known to me, has signed...

              5. Witness's signature

              6. Name of witness (WRITE CLEARLY)

              7. Address of witness (WRITE CLEARLY)

              8. SEE INSTRUCTIONS ON THE BACK OF THIS FORM

          16. Back of form

          17. INSTRUCTIONS TO THE VOTER

              1. 1. You must sign this declaration of identity in the presence...

              2. 2. You should place the figure 1 opposite the name of...

              3. 3. The figure or figures should be placed in the spaces...

              4. 4. In no circumstances write anything else on the paper; if...

              5. 5. Different colours are used for the ballot papers for each...

              6. (a)  place each ballot paper in the correct smaller envelope...

              7. (b) put that envelope, together with the correct declaration of identity,...

              8. (c) return the covering envelopes without delay. Ballot papers must be...

              9. 6 .If you receive more than one ballot paper, remember that...

              10. 7. At this election you cannot vote in person at a...

              11. 8. If you inadvertently spoil your ballot paper, you can apply...

              12. 6. Elector's official poll card rule 25

          18. Front of card

          19. Back of card

              1. 7. Proxy's official poll card (rule 25)

          20. Front of card

              1. The back of the card is the same as the...

              2. 8. Form of directions for the guidance of voters in...

          21. DIRECTIONS FOR THE GUIDANCE OF THE VOTER IN VOTING

              1. . . .

              2.  2. Go into one of the voting compartments provided. Look at...

              3.  3. In no circumstances write anything else on the ballot paper,...

              4.  4. To ensure that a ballot paper is a valid vote...

              5.  5. If by accident you damage or spoil your paper or...

              6.  6. When you have marked your ballot paper, fold it so...

              7.   

              8.  7. You must neither take your ballot paper out of the...

              9.  8. When you have voted leave the polling station at once....

              10.   

              11. 9. Form of certificate of employment (rule 29(3))

              12. Local government election

              13. ............................................................ district electoral area

              14. I certify that [ name] ........................................

              15. who is numbered ........................................ in the register of electors used...

              16. 10. Form of declaration to be made by the companion...

              17. I, A.B. of ........................................, having been requested to assist C.D....

              18. *state relationship of companion to voter.

              19. (Signed) A.B.,

              20. ........................................day of........................................19........................................

              21. I, the undersigned, being the presiding officer for the ...............................................................

              22. (Signed G.H.)

              23. ............................................................day of

              24. ........................................19........................................

              25. minutes past....................o'clock [a.m.] [p.m.]

              26. NOTE:

              27. 1. If the person making the above declaration knowingly and...

              28. 2. A voter with disabilities is a voter who has...

    6. Schedule 6 rep. by 1968 c. 20 (NI)

    7. SEVENTH SCHEDULE

       PROXIES

       1. PART I [Title rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I]

          1. 1. Appointment of proxies. (1) A registered elector desiring to appoint...

          2. 2. Record of proxies. (1) The electoral officer shall keep in...

          3. 3. Voting by proxies. (1) A person shall not vote as...

       2. Part II rep. by 1968 c.20 (NI)

    8. EIGHTH SCHEDULE

       ELECTION COURTS

       1. Powers of election courts

          1. 1. (1) A parliamentary election court shall, subject to the provisions...

       2. Place of trial

          1. 2. (1) The place of trial— (a) of a parliamentary election...

       3. Reception of and attendance on election judges, etc.

          1. 3. Sub-para.(1) rep. by 1978 c.23 (2) The travelling and other...

       4. Local election courts

          1. 4. (1) The clerk of the local authority for which the...

       5. Shorthand writers

          1. 5. (1) A shorthand writer shall attend the trial of an...

       6. Expenses of local election courts

          1. 6. (1) The remuneration and allowances to be paid to the...

       7. Provisions as to security for costs

          1. 7. (1) At the time of presenting an election petition or...

       8. Petition at issue

          1. 8. (1) The petition shall be at issue as from the...

       9. Lists and trial of election petitions

          1. 9. (1) The prescribed officer shall as soon as may be...

       10. Preliminary and incidental applications

           1. 10. Applications for leave to amend petitions and other applications relating...

       11. Trial of petitions

           1. 11. (1) An election petition shall be tried in open court,...

       12. Witnesses

           1. 12. (1) Witnesses shall be summoned and sworn in the same...

    9. NINTH SCHEDULE

       ELECTORAL MISDEMEANOURS

       1. PART I CORRUPT PRACTICES

          1. 1. Bribery (1) A person shall be guilty of bribery if...

          2. 2. Treating (1) A person shall be guilty of treating if...

          3. 3. Undue influence A person shall be guilty of undue influence—...

          4. 4. Personation (1) A person shall be guilty of personation if...

          5. 5. Misdemeanours as to proxy voting Except at a local election...

          6. 5A. False statements in nomination papers, etc.

          7. 6. Making a false declaration as to election expenses A candidate...

          8. 7. Incurring unauthorised expenses A person shall be guilty of incurring...

          9. 8. Attempting or conspiring to commit a corrupt practice A person...

          10. 9. Aiding and abetting the commission of a corrupt practice A...

       2. PART II ILLEGAL PRACTICES

          1. 10. (1) Except at a local election A person shall be...

          2. 11. A person shall be guilty of an illegal practice if—...

          3. 12. (1) Except at a local election A person shall be...

          4. 12A. (1) A person shall be guilty of an illegal practice...

          5. 13. (1) A person who commits an offence under Article 7(2)...

          6. 14. A candidate or an election agent who commits the offence...

          7. 15. A candidate or an election agent who is personally guilty...

          8. 16. If any person fails to send any statement, declaration or...

          9. 17. A person who makes any payment, advance or deposit in...

          10. 18. (1) No payment or contract for payment shall for the...

          11. 19. Any person who, before or during an election, knowingly publishes...

          12. 20. (1) Any person who, or any director of any body...

          13. 21. (1) A person making a payment or contract in contravention...

          14. 22. An election agent who pays a claim in contravention of...

          15. 23. A person shall be guilty of an illegal practice if...

       3. PART III ELECTORAL OFFENCES

          1. Para. 24 rep. by 1989 c. 3

          2. 24A. A person who makes a statement which he knows to...

          3. 25. If any person upon whom any functions are conferred by...

          4. 26. (1) A person shall be guilty of an electoral offence...

          5. 27. (1) A person attending at or admitted to a polling...

          6. 27A. Prohibition on publication of exit polls

          7. 28. Subject to paragraph 14, any person who—

          8. 29. (1) Subject to paragraph 15, a person shall be guilty...

          9. 30. Subject to paragraph 15, if a person is either before,...

          10. Para. 31 rep. by SI 2001/417

          11. 32. If any returning officer at any election, or any officer...

          12. 32A. (1) A person to whom this paragraph applies shall be...

          13. Para. 33 rep. by 1989 c. 3

          14. 34. Except at a local election A person shall be guilty...

          15. 35. Any electoral misdemeanour which is not specifically designated in the...

    10. TENTH SCHEDULE

        FORMS

        1. Form 1 rep. by SLR 1980

        2. FORM 2

           2. Form of return of expenses required by section forty-one to be authorised by an election agent.

              1. Election in the................................................................................constituency

              2. [ or........................................ district electoral area],

              3. Date of publication of notice of election................................................................................

              4. The expenses incurred at the above election in support of............................................................,...

              5. (insert name of person or association or body of persons...

              6.   The written authority of the election agent is annexed hereto....

              7.    Signature............................................................Date........................................

        3. FORM 3

           2. Form of declaration as to expenses required by section forty-one to be authorised by an election agent.

              1. Election in the....................................................................................................constituency

              2. [ or................................................................................ district electoral area],

              3. Date of publication of notice of election........................................................................................................................

              4. I hereby declare that—

              5. 1. I am the person [ or a director, general...

              6. 2. To the best of my knowledge and belief the...

              7. 3. The matters for which the expenses referred to in...

              8.   Signature of declarant............................................................

              9.   Office held by declarant................................................................................

              10. (in the case of an association or body of persons)...

              11. Date........................................

        4. FORM 4

           2. Form of return of election expenses required by section forty-six

              1. Election in the................................................................................constituency

              2. [ or................................................................................ district electoral area],

              3. Date of publication of notice of election................................................................................

              4. Name of candidate................................................................................

              5. 1. I am the election agent of the person named...

              6. (Where there has been a change of election agent suitable...

              7. 2. I hereby make the following return of the candidate's...

              8. Receipts

              9. (Include all money, securities or equivalent of money received in...

              10. Expenditure

              11. NOTE.—The return shall deal under a separate heading or sub-heading...

              12. Signature of person making return............................................................

              13. * Set out separately the name and description of each...

              14. † These particulars may be set out in a separate...

        5. FORM 5

           2. Form of declaration as to election expenses required by section forty-seven

              1. Election in the............................................................constituency. or district electoral area.

              2. Date of publication of notice of election............................................................

              3. Name of candidate ............................................................

              4. I solemnly and sincerely declare as follows:—

              5. 1. I am the person named above as a candidate at...

              6. 2. I have examined the return of election expenses [about to...

              7. 3. To the best of my knowledge and belief, all expenses...

              8. 4. I understand that the law does not allow any election...

              9.   Signature of declarant............................................................

              10.  Signed and declared by the above-named declarant on the

              11.    day of............................................................, before me,

              12.    Signed)............................................................

              13.     Justice of the Peace for .

              14. (NOTE.— Where there has been a change of election agent,...

        6. Form 6 repealed by SLR 1980.

        7. Form 7 repealed by SLR 1980.

        8. Form 8 repealed by SLR 1980.

        9. Form 9 repealed by SLR 1980.

        10. Form 10 repealed by SLR 1980.

        11. Form 11 repealed by SLR 1980.

        12. Form 12 repealed by 1972 NI 13.

        13. Form 13 spent.

        14. Form 14 repealed by 1972 NI 13.

        15. Form 15 spent.

        16. Form 16 spent.

        17. Form 17 spent.

        18. Form 18 repealed by 1968 c.20 (NI)

        19. Form 19 repealed by 1968 c.20 (NI

        20. Form 20 repealed by 1968 c.20 (NI

        21. Form 21 repealed by 1968 c.20 (NI

    11. Eleventh Schedule repealed by SLR 1973