35(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 parliamentary electors for this election as follows?” (read the whole entry from the register.)
(ii)“Have you already voted, here or elsewhere, at this by-election [general election], otherwise than as proxy for some other person?”
(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 here or elsewhere at this by-election [general election] as proxy on behalf of C.D.?”
[F1(1A)In the case of a person applying as an elector, the presiding officer may put the following additional question—
What is your date of birth? ”.]
(2)In the case of a person applying as proxy, the presiding officer may, and if required as mentioned [F2in paragraph (1)] above shall, put the following additional question—
“Are you the [F3spouse, civil partner,], parent, grandparent, brother [sister], child or grandchild of C.D.?”
and if that question is not answered in the affirmative the following question—
“Have you at this election already voted in this constituency on behalf of two persons of whom you are not the [F4spouse, civil partner,], parent, grandparent, brother [sister], child or grandchild?”
(3)A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.
(4)Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote.
Textual Amendments
F1Sch. 1 rule 35(1A) inserted (N.I.) (1.12.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 2(2)(a); S.I. 2002/1648, art. 4
F2Words in Sch. 1 rule 35(2) inserted (N.I.) (1.12.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 2(2)(b); S.I. 2002/1648, art. 4
F3Words in Sch. 1 para. 35(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 85(3); S.I. 2005/3175, art. 2, Sch. 1
F4Words in Sch. 1 para. 35(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 85(3); S.I. 2005/3175, art. 2, Sch. 1
Modifications etc. (not altering text)
C1Sch. 1 rule 35 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2Sch. 1 rule 35 applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
C3Sch. 1 rule 35 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1
Sch. 1 rule 35 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2
C4Sch. 1 rule 35 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 2
Sch. 1 rule 35 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1