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Parliamentary Voting System and Constituencies Act 2011

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This is the original version (as it was originally enacted).

Application to vote by post or by proxy in the referendum

This section has no associated Explanatory Notes

15(1)Where a person applies to the registration officer to vote by post, or to vote by proxy, in the referendum, the registration officer must grant the application if—

(a)the officer is satisfied that the applicant is or will be registered in a relevant register,

(b)the officer is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under the referendum rules,

(c)the application states the applicant’s date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant’s birth in pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act,

(d)the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant’s signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act,

(e)the application either states the applicant’s national insurance number or states that the applicant does not have one, and the registration officer is satisfied as mentioned in sub-paragraph (2) below, and

(f)the application meets the requirements prescribed by the 2008 Regulations.

(2)For the purposes of sub-paragraph (1)(e), the registration officer must be satisfied—

(a)if the application states a national insurance number, that the requirements of sub-paragraph (3) are met, or

(b)if the application states that the applicant does not have a national insurance number, that no such number was supplied as the applicant’s national insurance number in pursuance of section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act.

(3)The requirements of this subsection are met if—

(a)the number stated as mentioned in sub-paragraph (2)(a) is the same as the one supplied as the applicant’s national insurance number in pursuance of section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act, or

(b)no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.

(4)Nothing in sub-paragraph (1) applies to—

(a)a person who is included in the record kept under section 6 of the 1985 Act (absent vote at parliamentary elections for indefinite period),

(b)a peer who is included in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order (absent vote at local elections for indefinite period), or

(c)a peer who is included in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations (absent vote at elections for indefinite period).

(5)But if a person is included in a record mentioned in sub-paragraph (4)(a), (b) or (c) and is shown in the record as voting by post, the person may, in respect of the referendum, apply to the registration officer—

(a)for his or her ballot paper to be sent to a different address in the United Kingdom from that shown in the record, or

(b)to vote by proxy.

(6)The registration officer must grant an application under sub-paragraph (5) if it meets the requirements prescribed by the 2008 Regulations.

(7)A person applying to vote by post must provide an address in the United Kingdom as the address to which the person’s ballot paper is to be sent.

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