Representation of the People (Northern Ireland) (Amendment) Regulations 2002

Procedure in relation to declarations of identity on receipt of covering envelope

19.—(1) Regulation 82 of the 2001 Regulations is amended as follows.

(2) For paragraph (1) substitute:

“(1) A declaration of identity is a valid declaration of identity for the purposes of this Part of these Regulations if—

(a) it is duly signed by the voter and authenticated by a witness who has signed the declaration and given his name and address, and

(b) in the case of an elector, the requirements of rule 45(2)(b) and (2A) of the elections rules(1) are satisfied.

(1A) The returning officer must satisfy himself that the declaration of identity is a valid declaration of identity.”.

(3) For paragraphs (5) to (7) substitute:

“(5) Where—

(a) the number on a valid declaration of identity is not the same as the number on the ballot paper envelope, or

(b) that envelope has no number on it,

the returning officer shall open the envelope.

(6) Paragraph (7) below applies where—

(a) there is a valid declaration of identity but no ballot paper envelope, or

(b) the ballot paper envelope has been opened under regulation 81(3) or paragraph (5) above.

(7) In the circumstances described in paragraph (6) above, the returning officer shall place—

(a) in the postal ballot paper box, any ballot paper the number on which is the same as the number on the valid declaration of identity;

(b) in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “rejected”;

(c) in the receptacle for rejected votes, any valid declaration of identity marked “rejected” where there is no ballot paper;

(d) in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c) above.”.

(1)

Paragraphs (2)(b) and (2A) of rule 45 were inserted by section 3(4)(c) of the Electoral Fraud (Northern Ireland) Act 2002.