Electoral Law Act (Northern Ireland) 1962

Questions to be put to voters N.I.

32 (1) The presiding officer may, and if required by a candidate or his election or polling agent shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions, or either of them—

(a) in the case of a person applying as an elector—

(i) Are you the person registered in the register of electors for this election as follows (read the whole entry from the register)?

(ii) Have you already voted on your own behalf either here or elsewhere in this or any other district electoral area at this [F1 local] election?

(b) in the case of a person applying as proxy—

(i) Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.?

(ii) Have you already voted as proxy on behalf of C.D. either here or elsewhere in this or any other district electoral area at this [F1 local] election?

[F2 (1A) In the case of a person applying as an elector [F3 or as proxy], the presiding officer may put the following additional question—

What is your date of birth?.]

[F4 (1B) In the case of a person applying as an elector who is named in the absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 as a person entitled to vote by post, the presiding officer may put either or both of the following additional questions—

(a) “Did you apply to vote by post?”;

(b) “Why have you not voted by post?”.

(1C) In the case of a person applying as proxy who is named in the absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy, the presiding officer may put either or both of the following additional questions—

(a) “Did you apply to vote by post as proxy?”;

(b) “Why have you not voted by post as proxy?”.]

[F5 (2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned in paragraph (1) above must, put the following additional question:—

(a) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of four or more electors?”

and if the person answers that question in the negative, the following question:—

(b) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of two or more electors both or all of whom are registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?”

and if the person answers that question in the affirmative, the following question:—

(c) “Is the elector (or are the electors) for whom you are voting today at this election registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?”]

[F6 (2A) Where a clerk—

(a) gives a person the required information (see paragraph (6)),

(b) puts any of the questions set out in paragraphs (1) to (2) above to the person, and

(c) decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.]

[F7 (3) Where the presiding officer—

(a) gives a person the required information,

(b) puts any of the questions set out in paragraphs (1) to (2) above to the person (whether or not following a referral under paragraph (2A)), and

(c) decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person.]

(4) Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote.

[F8 (5) In the case of an elector in respect of whom a notice has been issued under section 13BA(9) of the Representation of the People Act 1983, the reference in the question at paragraph (1)(a)(i) to reading from the register must be taken as a reference to reading from the notice.]

[F9 (6) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.]

F1 2001 c. 7

F2 SI 2002/2835

F3 Words in Sch. 5 rule 32(1A) inserted (31.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 13(2); S.I. 2023/1145, reg. 4(e)(iv)

F4 Sch. 5 rule 32(1B)(1C) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 64; S.I. 2008/1316, art. 2(3), 5(f)(iii)

F5 Sch. 5 rule 32(2) substituted (31.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 13(3); S.I. 2023/1145, reg. 4(e)(iv) (with Sch. para. 6)

F6 Sch. 5 rule 32(2A) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 13(4); S.I. 2022/1401, reg. 2(f)(iii)(bb) (with reg. 3(3))

F7 Sch. 5 rule 32(3) substituted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 13(5); S.I. 2022/1401, reg. 2(f)(iii)(bb) (with reg. 3(3))

F8 Sch. 5 rule 32(5) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 66 (with art. 1(3))

F9 Sch. 5 rule 32(6) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 13(6); S.I. 2022/1401, reg. 2(f)(iii)(bb) (with reg. 3(3))

Modifications etc. (not altering text)

C1 Sch. 5 rule 32 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 20(2)