European Parliamentary Elections (Northern Ireland) Regulations 2004

Regulation 115

SCHEDULE 6 COMBINED POLLS

General

1.  This Schedule applies in the circumstances set out in regulation 115 of these Regulations.

2.  In this Schedule, and in any provision modified by this Schedule, “relevant election” means a parliamentary election or a local election the poll at which is taken together with the poll at the European Parliamentary election.

European Parliamentary Elections Rules

3.  In rule 19(2) (ballot papers), after sub-paragraph (d) insert—

“(e) shall be of a different colour from that of any ballot paper used at any relevant election.”.

4.  In rule 23 (notice of poll), after paragraph (2) insert—

“(2A) The notice published under paragraph (2)—

(a) must state that the poll at the European Parliamentary election is to be taken with the poll at a relevant election;

(b) must specify the relevant parliamentary constituency or district council.”.

5.  In rule 28 (issue of official poll cards), after paragraph (3) insert—

“(3A) An official poll card issued under this rule may be combined with an official poll card issued at a relevant election, with necessary adaptations.”.

6.  In rule 29 (equipment of polling stations)—

(a) after paragraph (1) insert—

“(1A) The same ballot box may be used for the poll at the European Parliamentary election and the poll at each relevant election.

(1B) Where the same ballot box is not used under paragraph (1A), each ballot box shall be clearly marked with—

(a) the election to which it relates, as shown on the ballot papers for that election; and

(b) the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here”.”;

(b) after paragraph (4) insert—

“(4A) The large version of the ballot paper referred to in paragraph (4)(a) above shall be printed on paper of the same colour as that of the ballot papers for use at the European Parliamentary election.”;

(c) in paragraph (5), for “inside and outside every polling station” substitute “outside every polling station and in every compartment of every polling station”;

(d) after paragraph (5) insert—

“(5A) The notice referred to in paragraph (5) must—

(a) clearly indicate the election to which it relates; and

(b) be printed on paper of the same colour as the ballot papers (other than tendered ballot papers) used at the election to which it relates.”; and

(e) omit paragraph (7).

7.  In rule 32(1) (admission to polling station), after sub-paragraph (f) insert—

“(g) persons entitled to be admitted at a relevant election.”.

8.  In rule 35 (questions to be put to voters), in question (ii) in each of paragraphs (1)(a) and (1)(b) and in the second question in paragraph (3), after “at this” insert “European Parliamentary election”.

9.  In rule 37 (voting procedure), after paragraph (9) insert —

“(10) The same copy of the register may be used under paragraph (1) above for each relevant election and one mark may be placed in that register under paragraph (1)(d) above or in the list of proxies under paragraph (1)(e) above to denote that a ballot paper has been received in respect of each relevant election; except that, where a ballot paper has been issued in respect of only one election, a different mark must be placed in the register or list (as the case may be) so as to identify the election in respect of which the ballot paper is issued.”.

10.  In rule 38 (votes marked by presiding officer) after paragraph (3) insert—

“(4) The same list may be used under paragraph (3) for each relevant election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were marked in pursuance of this rule in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”.

11.  In rule 39 (voting by persons with disabilities) after paragraph (5) insert—

“(5A) The same list may be used under paragraph (5) for each relevant election and, where it is so used, an entry in that list shall be taken to mean that votes were given in accordance with this rule in respect of each election, unless the list identifies the election at which the vote was so given.”.

12.  In rule 40 (tendered ballot papers) after paragraph (6) insert—

“(6A) The same list may be used under paragraph (6) for each relevant election and, where it is so used, an entry in the list shall be taken to mean that the tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.”.

13.  In rule 44 (procedure on close of poll)—

(a) in paragraph (1) after “polling agents” where those words first appear insert “appointed for the purposes of the European Parliamentary election and those appointed for the purposes of each relevant election”;

(b) after paragraph (1) insert—

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) above shall not be combined with the contents of packets made up under the corresponding rule that applies at each relevant election; nor shall the statement prepared under paragraph (3) below be so combined.”.

14.  At the end of rule 49 (preliminary proceedings and conduct of the count) insert—

“(5) Where separate ballot boxes have been used, no ballot paper marked in respect of the European Parliamentary election shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election.”

15.  In rule 66 (countermand or abandonment of poll on death of candidate)—

(a) after paragraph (1) insert—

“(1A) Neither the countermand of the poll at the European Parliamentary election nor the direction that that poll be abandoned affects the poll at any relevant election.”;

(b) for paragraph (2) substitute—

“(2) If the poll at the European Parliamentary election is abandoned because of a candidate’s death—

(a) no further ballot papers at that election shall be delivered in any polling station;

(b) the returning officer shall dispose of ballot papers used at the European Parliamentary election and other documents in his possession as he is required to do on the completion in due course of the counting of the votes at any relevant election,

but this is subject to paragraph (2A).

(2A) In a case falling within paragraph (2)—

(a) a ballot paper account for the European Parliamentary election need not be prepared or verified;

(b) the returning officer, having separated the ballot papers relating to any relevant election, shall take no step or further step for the counting of the ballot papers used at the European Parliamentary election or of the votes;

(c) the returning officer shall seal up all of those ballot papers whether the votes have been counted or not;

(d) it is not necessary to seal up counted and rejected ballot papers in separate packets.”.

Absent Voting

16.  After paragraph 15 of Schedule 2 insert—

“Combination of polls

15A.   Where the poll at the European Parliamentary election is to be taken together with the poll at a relevant election, the proceedings on the issue and receipt of postal ballot papers in respect of each relevant election shall be taken together.”

17.  In paragraph 16 of Schedule 2, for “in Form G in the Appendix” substitute—

“(a) in Form G in the Appendix at a European Parliamentary election where the poll is taken alone, and

(b) in Form J in the Appendix at a European Parliamentary election where the poll is taken together with the poll at a relevant election.”

18.  In paragraph 21 of Schedule 2, at the end insert—

“(6) Where the poll at the European Parliamentary election is taken together with the poll at a relevant election, the colour of the postal ballot paper must also be marked on the declaration of identity sent with that paper.”

19.  In paragraph 23 of Schedule 2, at the end insert—

“(4) Where the poll at the European Parliamentary election is taken together with the poll at a relevant election—

(a) the envelope referred to in sub-paragraph (2) above must also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”, and

(b) on the envelope referred to in sub-paragraph (3) above after the words “Ballot paper envelope” there must be added “for the [insert colour of ballot paper] coloured ballot paper”.”

20.  In the Appendix of Forms at the end of Schedule 2, after Form G insert—

“FORM J DECLARATION OF IDENTITY (COMBINED POLLS)

(for use when a European Parliamentary poll is combined with a parliamentary poll or a local poll)

Front of form

EUROPEAN PARLIAMENTARY ELECTIONELECTORAL REGION OF NORTHERN IRELAND

DECLARATION OF IDENTITY

To be returned with the [insert colour of ballot paper] coloured ballot paper No.

I hereby declare that I am the person to whom the [insert colour of ballot paper] coloured ballot paper numbered as above was sent.

Date of birth must be given below except where the voter is a proxy.

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

Voter’s signature

The voter, who is personally known to me, has signed this declaration in my presence.

Witness’s signature

Name of witness (WRITE CLEARLY)

Address of witness (WRITE CLEARLY)

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

Back of form

INSTRUCTIONS TO THE VOTER

1   You must sign this declaration of identity in the presence of a person known to you. You are required to do this even if you have already signed a similar declaration of identity in respect of another election to be held on the same day. That person should then sign this declaration as a witness, adding his or her name and address. You must also give your date of birth where indicated (unless voting as a proxy). Without this the declaration will be invalid.

2   Mark your vote by putting “1” against the candidate of your first choice, “2” against the candidate of your second choice and so on. Do this secretly; if you cannot vote without assistance, the person assisting you must not disclose how you have voted.

3   You may show your preference for as many or as few candidates as you wish but you should not show the same preference against more than one candidate. Put no other mark on the ballot paper, or your vote may not be counted.

4   Different colours are used for the ballot papers for each election. Each ballot paper has its own ballot paper envelope (the smaller envelope marked “A”), declaration of identity and covering envelope (the larger envelope marked “B”). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows—

(a) place each ballot paper in the correct smaller envelope and seal it;

(b) put the envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;

(c) return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of poll.

5   If you receive more than one ballot paper, remember that it is illegal to vote more than once (otherwise than as proxy) at the same election. You are entitled to vote at different elections which are held on the same day.

6   At this election you cannot vote in person at a polling station, even if you receive an official poll card.

7   If you inadvertently spoil your ballot paper, you can apply to the returning officer for another one. With your application you must return , in your own envelope, the spoilt ballot paper, the declaration of identity and the envelopes marked “A” and “B”. Remember that there is little time available if a fresh postal ballot paper is to be issued and counted.”