Electoral Law Act (Northern Ireland) 1962

Part VI N.I. Disposal of Documents

Sealing up of ballot papers N.I.

57 (1) On the completion of the counting at a contested election the returning officer shall seal up in separate packets the counted and rejected ballot papers.

(2) The returning officer shall not open the sealed packets of tendered ballot papers or of counterfoils and certificates as to employment on duty on the day of the poll, or of marked copies of the register of electors [F1 (including any marked copy notices issued under section 13BA(9) of the 1983 Act)] and lists of proxies.

F1 Words in Sch. 5 rule 57(2) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(9); S.I. 2008/1318, art. 2(2)(b)

Forwarding of documents N.I.

58 (1) This rule applies to the following documents—

(a) the packets of ballot papers in the possession of the returning officer,

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c) the tendered votes lists, the lists of[F2 voters with disabilities] assisted by companions, the lists of votes marked by the presiding officer and the related statements, [F3 the lists maintained under rule 39A,] and the declarations made by the companions of[F2 voters with disabilities],

(d) the packets of counterfoils and certificates as to employment on duty on the day of the poll,

(e) the packets containing marked copies of registers [F4 (including any marked copy notices issued under section 13BA(9) of the 1983 Act)] and of lists of proxies.

(2) The returning officer shall endorse on each packet to which this rule applies a description of its contents, the date of the election to which they relate and the name of the district electoral area for which the election was held.

(3) The returning officer shall then forward to the officer of the relevant council who is charged with the duty of looking after them the documents to which this rule applies.

(4) The officer referred to in paragraph (3) is referred to in rules 59 and 60 as the proper officer of the council; and the expression relevant council in paragraph (3) means the council to which the election in question takes place.

F2 SI 2001/417

F3 Words in Sch. 5 rule 58(1)(c) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(10)(a); S.I. 2008/1318, art. 2(2)(b)

F4 Words in Sch. 5 rule 58(1)(e) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(10)(b); S.I. 2008/1318, art. 2(2)(b)

Orders for production of documents N.I.

59 (1) An order for—

(a) the inspection or production of any rejected ballot papers in the custody of the proper officer of the council, or

(b) the opening of a sealed packet of counterfoils and certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in his custody,

may be made by the High Court, a county court or an election court if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.

(2) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(c) place and mode of inspection,

(d) production or opening,

as the court making the order may think expedient, but in making and carrying into effect an order for the opening of a packet of counterfoils and certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i) that his vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(3) An appeal lies to the High Court from any order of a county court under this rule.

(4) Any power given under this rule—

(a) to the High Court may be exercised by any judge of the court otherwise than in open court; and

(b) to a county court, may be exercised in such manner as may be provided by rules of court.

(5) Where an order is made for the production by the proper officer of the council of any document in his possession relating to any specified election—

(a) the production by him or his agent of the document ordered in such manner as they be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(6) The production from proper custody of a ballot paper purporting to have been used in any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person who at the time of the election had affixed to his name in the register of electors the same number as the number written on the counterfoil.

(7) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the proper officer of the council or to open any sealed packets of counterfoils and certificates.

Retention and public inspection of documents N.I.

60 (1) The proper officer of the council shall retain for six months the documents to which rule 58 applies and then, unless otherwise directed by an order under rule 59, shall cause them to be destroyed.

(2) The said documents, except those mentioned in sub-paragraphs (a) and (d) of rule 58(1) shall, so long as they are retained by the proper officer of the council, be open to public inspection at a fee of £1 during ordinary office hours.

(3) The proper officer of the council shall, on request, supply copies of the documents open to public inspection on payment of a fee of 10p for each side of each page of a document so copied.