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Electoral Law Act (Northern Ireland) 1962

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1Appointment of proxies.N.I.

(1)A registered elector desiring to appoint a proxy shall make an application to the electoral officer in the prescribed form (in this Schedule referred to as a proxy application) in which the applicant—

(a)shall nominate a person to act as proxy, or may, if he so desires, nominate one person as his first choice and another as his second choice to act as proxy;

(b)may if he so desires designate a person (who may be a person nominated as aforesaid) authorised by the applicant to furnish to the electoral officer such information as that officer may require for the purpose of determining the application;

and the electoral officer on receiving a proxy application shall satisfy himself that the applicant is entitled under section sixty-seven to appoint a proxy.

(2)A person shall not be appointed or vote as a proxy—

(a)unless he is a registered elector …F1;

(b)if he is (whether by virtue of this Act or otherwise) under any legal incapacity to vote;

(c)for more than two electors in any constituency [F2 or local government electoral area] of whom he is neither the spouse, parent, grandparent, brother, sister, child or grandchild.

F3[(2A)A person, if otherwise qualified, shall be capable of voting as proxy at an election at which he is of voting age on the date of the poll, and of being appointed proxy for that purpose before he is of voting age.]

(3)The electoral officer on receiving a proxy application shall, unless he is satisfied that the person nominated or nominated as first choice as aforesaid cannot lawfully be appointed, send to such person a notice (in this Schedule referred to as a notice of appointment) in the prescribed form to the effect that it is proposed to appoint him proxy for the applicant and that, unless within seven days he notifies the electoral officer in writing that he is not willing, or not qualified, to be so appointed, the proxy application will be treated as having so appointed him.

(4)If, on the expiration of the said seven days, the electoral officer has received no such notice in writing, or if before such expiration the electoral officer is satisfied that the person nominated is willing and qualified to be appointed, he shall transmit to the person nominated a proxy paper in the prescribed form.

(5)If the electoral officer is satisfied (whether by notice in writing as aforesaid, or otherwise) that the person nominated as first choice is not willing or not qualified to act as proxy, that officer shall proceed in like manner as respects any person nominated as second choice.

(6)If a notice of appointment is accepted and a proxy paper is issued to any person the electoral officer shall forthwith notify to the applicant—

(a)the name and address of the proxy; and

(b)the period during which the proxy paper will remain in force.

(7)Where no person nominated as aforesaid is willing and qualified to act as proxy, the electoral officer shall notify the applicant to that effect and shall inform him that he may make a further proxy application; and thereupon unless such further application is made the electoral officer shall take no further steps in relation to the applicant.

(8)The appointment (whether under this Part or under Rule 24 of the Registration Rules) of a proxy for a service elector registered in any register shall notwithstanding any provision of this Part continue in force—

(a)so long as the elector is a service elector; or

(b)until the death or incapacity of the proxy or the cancellation of his appointment.

(9)The appointment of a proxy by an elector other than a service elector shall continue in force for such period not exceeding six months as shall be specified in the proxy application.

(10)An elector may not appoint more than one person as proxy in any one constituency and may not in any case appoint more than two proxies.

(11)An elector who has appointed a proxy may cancel the appointment by giving written notice of cancellation to the electoral officer.

(12)Where the appointment of a proxy is cancelled the electoral officer shall notify the proxy and shall delete his name from the record of proxies.

(13)Where the appointment of a proxy is cancelled or a proxy dies another proxy may be appointed in accordance with this paragraph.

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