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The Scottish Parliament (Elections etc.) Order 1999

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Absent vote at Scottish parliamentary elections for an indefinite period

8.  (1)  Where a person applies to the registration officer to vote by post, or to vote by proxy, at Scottish parliamentary elections for an indefinite period, the registration officer shall grant the application (subject to paragraph (6) below) if–

(a)he is satisfied that the applicant is eligible for an absent vote at Scottish parliamentary elections for an indefinite period;

(b)he is satisfied that the applicant is or will be registered in the register of electors; and

(c)the application meets the requirements set out in Schedule 3.

(2) For the purposes of this article, a person is eligible for an absent vote at Scottish parliamentary elections for an indefinite period–

(a)if he is or will be registered as a service voter;

(b)if he is no longer resident at his qualifying address or at any other address in the same area;

(c)if he cannot reasonably be expected–

(i)to go in person to the polling station allotted or likely to be allotted to him under this Order; or

(ii)to vote unaided there,

by reason of blindness or other physical incapacity;

(d)if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse; or

(e)if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea.

(3) For the purposes of paragraph (2)(b), two addresses are in the same area only if both addresses are in the same electoral ward.

(4) The registration officer shall keep a record of those whose applications under this article have been granted showing–

(a)in the case of those who may vote by post, the addresses provided by them in their application as the addresses to which their ballot papers are to be sent; and

(b)in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.

(5) The registration officer shall remove a person from the record kept under paragraph (4) above–

(a)if he applies to the registration officer to be removed;

(b)in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered as a service voter; or

(c)if the registration officer gives notice that he has reason to believe there has been a material change of circumstances.

(6) A person shown in the record kept under paragraph (4) as voting by post or, as the case may be, voting by proxy may subsequently alter his choice (subject to paragraph (7) below) on an application to the registration officer that meets the requirements set out in Schedule 3 and the registration officer shall amend the record accordingly.

(7) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot papers are to be sent.

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