Part 5 — Conduct of elections
433.This Part amends provisions of the 1983 Act and the Electoral Law Act (Northern Ireland) 1962 governing the conduct of elections. The paragraphs below discuss the amendments to the 1983 Act. The amendments to the 1962 Act are to similar effect.
Official poll cards
434.Rule 28 is amended by paragraph 70 to provide that poll cards will be issued both to voters who will be voting at a polling station and to postal voters, and will be sent out as soon as practicable after publication of the notice of the election. Provision is also added to enable the information contained on the official poll card to be tailored to the elector’s manner of voting.
Election expenses
435.Paragraph 71 amends section 76 of the 1983 Act (limitation of election expenses). Subsection (1B) is amended to correct a drafting error.
Postal voting statement
436.Paragraph 72 amends the offence provision in section 65 of the 1983 Act (tampering with nomination papers, etc) to add a reference to the new form of “postal voting statement” which will be used in Great Britain in place of the current declaration of identity.
437.Paragraph 73 should be read in conjunction with provisions in sections 14 and 37 which taken together put in place arrangements that will significantly enhance the security of postal voting.
438.Paragraph 73 removes the requirement in rule 45(1B) of the parliamentary election rules for the postal voting statement to be witnessed.
439.Paragraph 73 also amends rule 45(1B) to specify that, in addition to the current requirements, postal ballot papers shall not be taken to be duly returned unless:
the postal voting statement has been signed and states the date of birth of the elector or proxy (as the case may be),
and, in a case where the returning officer is required to take such steps as may be prescribed for verifying the date of birth and signature of an elector, the returning officer has taken such steps to verify the date of birth and signature of the elector.
440.Where the returning officer decides that a ballot paper is not duly returned, it will be deemed to be invalid and will not go forward to the count.
Questions to be put to voters
441.Paragraph 74 restates rule 35, which governs the questions that may be put to voters attending a polling station in the UK. This incorporates changes in consequence of a number of provisions in the Act. The questions are set out in table format.
Voting procedure
442.Paragraph 75 restates rule 37, which governs the voting procedure at polling stations in Great Britain, again reflecting changes made by several provisions of the Act. The comparable amendments for Northern Ireland are made in paragraph 90.
Assistance for persons with disabilities
443.Paragraphs 76 to 80 make changes related to those made by section 73 (Abolition of common law incapacity: mental state).
444.Paragraph 76 introduces a definition of “disability” that includes short-term inabilities to do things. This will permit people with temporary ailments, for example, a person with a broken arm, to seek assistance with voting.
445.Paragraphs 77 to 80 amend the parliamentary election rules, to replace terms such as ‘physical cause’, ‘physical incapacity’ and ‘incapacity’ with the single word ‘disability’, thereby clarifying the language used about disabled people in electoral law and removing the limitation on assistance rules to those with physical disabilities.
Tendered ballot papers
446.Paragraph 81 amends rule 40 of the Parliamentary Election Rules concerning tendered ballot papers. Paragraph 81(2) inserts a new paragraph (1ZF) into rule 40 which provides that in Northern Ireland persons in polling stations are entitled to receive a tendered ballot paper if they are refused a ballot paper as a consequence of giving an unsatisfactory answer to the date of birth question which may be put to voters in Northern Ireland under provisions in rule 35 of the Parliamentary Election Rules. Paragraph 81(3) amends rule 40(3) to require persons who have been issued with a tendered ballot paper under rule 40 to sign the tendered votes list.
Attendance at election proceedings
447.Paragraph 82 amends section 66(1) (requirement of secrecy) of the 1983 Act by inserting a new paragraph (c). The effect of new paragraph (c) is to extend the requirement of secrecy to representatives of the Electoral Commission, accredited observers and nominated members of accredited organisations who attend the polling station to observe.
448.Paragraph 83 amends rule 11(1) (right to attend nomination) of the parliamentary election rules in Schedule 1 by inserting new paragraph (c), the effect of which is to enable representatives of the Electoral Commission to attend the nomination proceedings. However, new paragraph (3A), also inserted by paragraph 83, prevents Commission representatives from inspecting, or objecting to the validity of, any nomination paper.Paragraph 83 also amends rule 11(4) to allow one other person chosen by the candidate to be present at the delivery of the candidate’s nomination, and to be present at the nomination proceedings though such a person may not inspect, or object to the validity of, any nomination paper.
449.Paragraph 84 amends rule 32 (Admission to polling station) in Schedule 1 by substituting a new subparagraph (1). The effect of this amendment is to include representatives of the Electoral Commission, accredited observers and nominated members of accredited organisations as well as minors accompanying voters among those who may be admitted to the polling station. Paragraph 84 also inserts new subparagraph (1A), which requires the Presiding Officer to regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
450.Paragraph 85 amends rule 44 (Attendance at counting of votes) of Schedule 1, by amending subparagraph (2)(b) so that a candidate may choose one other person to be present with them at the count, and substitutes a new subparagraph (2)(e), the effect of which is to include representatives of the Electoral Commission, accredited observers and nominated members of accredited organisations among those who may attend the count.
Identifying marks and security markings on ballot papers etc.
451.Paragraph 87 amends rule 19 concerning ballot papers at parliamentary elections. It provides that ballot papers at these elections must have printed on the back both a number and other identifying mark, such as a barcode. The use of additional marks such as barcodes on ballot papers will assist in the recording of returned postal votes necessary for the compilation of the marked list of postal votes created under section 45, and will also enhance security by enabling returned postal votes to be identified and cancelled where fraud is suspected and/ or replacement papers are being issued to a voter.
452.Paragraph 88 amends rule 20. This rule governs the use of the official mark at parliamentary elections, which currently takes the form of a perforation of the ballot paper. The new paragraphs replace the perforated official mark with another form of security mark, which may take the form of under-printing, special inks or watermarked paper. These changes will provide the necessary security without the risk of inadvertent disenfranchisement caused if ballot papers are mistakenly not stamped once issued
453.Paragraph 93 amends the Appendix of forms in the parliamentary election rules in consequence of a number of provisions in the Bill. The Directions as to printing the ballot paper are amended to direct that the identifying mark be printed on back of the ballot paper together with the ballot paper number. The directions for the guidance of the voters in voting are also amended. Reference to the official mark being stamped on the ballot paper is removed. After the voter has marked a cross (X) on the ballot paper they must fold the paper in two and show the back of the ballot paper to the presiding officer so as to disclose the number and other identifying mark. The voter is then directed to put the ballot paper in the ballot box.
Cancellation of postal ballot papers
454.Paragraph 94 amends Schedule 2 of the 1983 Act (regulation-making powers) to allow provisions to be contained in regulations to authorise the cancellation or removal of ballot papers in any prescribed circumstances.
