Issue of postal ballot papers
Combination of polls
2. Where the polls at elections are taken together under article 16(1) or (2) the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers agree, be taken together.
Form of postal voting statement
3. The form of the postal voting statement sent with the postal ballot paper (prescribed in Rule 33 of Schedule 5) to a postal voter shall be—
(a)in form CC1 set out in English and Welsh in Schedule 10 at an Assembly election the poll at which is not taken together with another election under article 16(1) or (2);
(b)in form CC2 set out in English and Welsh in Schedule 10 at an Assembly election where the proceedings on the issue and receipt of postal ballot papers are taken together under paragraph 2 with those proceedings at another election;
(c)in form CC3 set out in English and Welsh in Schedule 10 at an Assembly election, the polls at which are taken together with the poll at another election under article 16(1) or (2) in any part of an Assembly constituency, but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, for use in that part of the constituency in which polls at more than one election are taken together under article 16(1) or (2).
Regional elections
4. At a regional election the functions connected with the issue and receipt of postal ballot papers are to be exercised in relation to each Assembly constituency in an Assembly electoral region by the returning officer for such a constituency.
Persons entitled to be present at proceedings on issue of postal ballot papers.
5. Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Political Parties Act, no person may be present at the proceedings on the issue of postal ballot papers other than the constituency returning officer and his clerks.
Persons entitled to be present at proceedings on receipt of postal ballot papers
6.—(1) Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Political Parties Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—
(a)the constituency returning officer and his clerks;
(b)the regional returning officer in the case of a regional election;
(c)a candidate;
(d)an election agent or any person appointed by—
(i)a candidate to attend in his election agent’s place in the case of a constituency election;
(ii)an individual candidate to attend in his election agent’s place in the case of a regional election; or
(iii)the election agent of a registered political party standing nominated or by the registered nominating officer of that party to attend in the place of that party’s election agent in the case of a regional election; or
(e)any agents appointed under sub-paragraph (2).
(2) Each—
(a)candidate in the case of a constituency election; and
(b)individual candidate and election agent for a registered political party standing nominated, in the case of a regional election,
may appoint one or more agents up to the number as may be authorised by the constituency returning officer to appoint; provided, however, that the number authorised shall be the same in the case of each candidate or, as the case may be, election agent for a registered political party standing nominated.
(3) Notice in writing of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the constituency returning officer before the time fixed for the opening of the postal voters' ballot boxes.
(4) Where the postal ballot papers for more than one election are issued together under paragraph 2, the constituency returning officer to whom notice shall be given under sub-paragraphs (3), (5) and (6) is the returning officer who issues the postal ballot papers.
(5) If an agent dies or becomes incapable of acting, the candidate or election agent for a registered political party, as the case may be, may appoint another agent in his place and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.
(6) Agents may be appointed and notice of appointment given to the constituency returning officer by the election agent for a candidate who is otherwise authorised to make an appointment under sub-paragraph (2).
(7) In this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2), who are within the number authorised by the constituency returning officer.
(8) Any of the following persons, namely—
(a)a candidate in a constituency election;
(b)an individual candidate in a regional election; or
(c)the election agent of a registered political party standing nominated,
may himself do any act or thing which any agent of his or of the registered political party on whose list he is a candidate, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.
(9) Where in this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy
7. The constituency returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of article 35(4) and (6).
Time when postal ballot papers are to be issued
8.—(1) In the case of a person shown in the record kept under—
(a)article 8(3); or
(b)article 12(6),
no postal ballot paper and postal voting statement shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with paragraph 7(6) of Schedule 1).
(2) In the case of any other person, the postal ballot paper and postal voting statement shall be issued by the constituency returning officer as soon as practicable after the registration officer has granted the application to vote by post.
Procedure on issue of postal ballot paper
9.—(1) The number of the elector as stated in the register shall be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector.
(2) Where an elector is entitled to give two votes, the constituency ballot paper and the regional ballot paper shall have the same number.
(3) A mark shall be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy but without showing the particular ballot paper issued.
(4) The number of a postal ballot paper shall be marked on the postal voting statement sent with that paper.
(5) Where postal ballot papers for more than one election are issued together—
(a)one mark shall be placed in the postal voters list or the proxy postal voters list under sub-paragraph (3) to denote that ballot papers have been issued in respect of all of those elections; except that, where ballot papers are not so issued a different mark shall be placed in the postal voters list or proxy postal voters list to identify the election in respect of which the ballot paper was issued; and
(b)the number of each ballot paper shall be marked on the postal voting statement under sub-paragraph (4).
(6) Where the poll at an Assembly election is taken with the poll at another election under article 16(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, the colour of the postal ballot paper (or colours of the postal ballot papers) shall also be marked on the postal voting statement sent with that paper.
(7) Subject to sub-paragraph (8), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 11 are to be sent is—
(a)in the case of an elector, the address shown in the postal voters list;
(b)in the case of a proxy, the address shown in the proxy postal voters list.
(8) Where a person has an anonymous entry in the register, the items specified in sub-paragraph (7) must be sent (as the case may be) to the address to which postal ballot papers should be sent—
(a)as shown in the record kept under article 8(3) or 12(6); or
(b)as given in pursuance of an application made under article 9(1) or 12(4)(b).
Refusal to issue postal ballot papers
10. Where a constituency returning officer is satisfied that two or more entries in either the postal voters list, or the proxy postal voters list or in each of those lists relate to the same elector he shall not issue more than one ballot paper in respect of the same elector for the same Assembly election.
Envelopes
11.—(1) The envelope which the constituency returning officer is required by rule 33 of Schedule 5 to send to a postal voter for the return of the postal ballot paper or, as the case may be, ballot papers and the postal voting statement (referred to as a “covering envelope”) shall be marked with the letter “B”.
(2) In addition to the documents referred to in sub-paragraph (1), the constituency returning officer shall send to a postal voter a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with—
(a)the letter “A”;
(b)the words—
(i)“Ballot paper envelope”;
(ii)“Amlen papur pleidleisio”; and
(c)the number of the ballot paper or, as the case may be, ballot papers.
(3) Where the poll at an Assembly election is taken together with the poll at another election under article 16(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not to be taken together under paragraph 2—
(a)the envelope referred to in sub-paragraph (1) shall also be marked—
(i)“Covering envelope for the [insert colour of ballot paper(s)] coloured ballot paper(s)”;
(ii)“Prif amlen ar gyfer y papur(au) pleidleisio lliw [nodwch liw'r papur(au) pleidleisio]”; and
(b)on the envelope referred to in sub-paragraph (2), after the words—
(i)“Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper(s)] coloured ballot paper(s)”; and
(ii)“Amlen papur pleidleisio” there shall be added “ar gyfer y papur(au) pleidleisio Iliw [nodwch liw'r papur(au) pleidleisio]”.
Sealing up of completed corresponding number lists and security of special lists
12.—(1) As soon as practicable after the issue of each batch of postal ballot papers, the constituency returning officer shall make up into a packet the completed corresponding number lists(1) of those ballot papers which have been issued and shall seal such a packet.
(2) Until the time referred to in paragraph 20(11), the returning officer shall take all proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.
Delivery of postal ballot papers
13.—(1) For the purposes of delivering postal ballot papers, the constituency returning officer may use—
(a)a universal service provider;
(b)a commercial delivery firm; or
(c)persons appointed under rule 35(1) of Schedule 5.
(2) Where the services of a universal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the constituency returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.
(3) Postage shall be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).
(4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.
Spoilt postal ballot paper
14.—(1) If a postal voter has inadvertently dealt with his ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”) he may return (either by hand or by post) to the constituency returning officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.
(2) Where the postal voter exercises the entitlement conferred by sub-paragraph (1), he shall also return—
(a)the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not;
(b)where postal ballot papers for more than one election have been issued together (including under paragraph 2 of this Schedule), all other ballot papers so issued, whether spoilt or not; and
(c)the envelopes supplied for the return of the documents mentioned in sub-paragraph (1) and paragraphs (a) and (b) of this sub-paragraph.
(3) Subject to sub-paragraph (4) on receipt of the documents referred to in sub-paragraphs (1) and, where applicable, (2) the constituency returning officer shall issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 pm on the day of the poll.
(4) Where the constituency returning officer receives the documents referred to in sub-paragraph (1) and, where applicable sub-paragraph (2), after 5pm on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returned the documents by hand.
(5) Paragraphs 9 (except sub-paragraph(3))to 12 and, subject to sub-paragraph (8), 13 shall apply to the issue of a replacement postal ballot paper under sub-paragraph (3).
(6) Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with paragraph (1) or (2) shall be immediately cancelled.
(7) The constituency returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall then be again made up and sealed.
(8) Where a postal voter applies in person—
(a)by 5pm on the day before the day of the poll, the constituency returning officer may hand a replacement postal ballot paper to him; or
(b)after 5pm on the day before the day of the poll, the constituency returning officer may only hand a replacement postal ballot paper to him,
instead of delivering it in accordance with paragraph 13.
(9) The constituency returning officer shall enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—
(a)the name and number of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, his electoral number alone);
(b)the number of the postal ballot paper (or papers) issued under this paragraph; and
(c)where the postal voter whose ballot paper is spoilt is a proxy, his name and address.
Lost postal ballot papers
15.—(1) Where a postal voter claims either to have lost or not to have received
(a)his postal ballot paper; or
(b)the postal voting statement; or
(c)one or more of the envelopes supplied for their return,
by the fourth day before the day of the poll, he may apply (whether or not in person) to the constituency returning officer for a replacement ballot paper.
(2) Such an application shall include evidence of the voter’s identity.
(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), he shall return—
(a)the documents referred to in sub-paragraph (1)(a), (b) and (c); and
(b)where postal ballot papers for more than one election have been issued together (including under paragraph 2 of this Schedule), all other ballot papers so issued,
which he has received and which have not been lost.
(4) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) shall be immediately cancelled.
(5) The constituency returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.
(6) Subject to sub-paragraph (7) where the application is received by the constituency returning officer before 5 pm on the day of the poll and the constituency returning officer—
(a)is satisfied as to the voter’s identity; and
(b)has no reason to doubt that the postal voter has lost or did not receive the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return,
he shall issue another postal ballot paper or, as the case may be, postal ballot papers.
(7) Where the application is received by the constituency returning officer after 5pm on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, other ballot papers if the postal voter applied in person.
(8) The constituency returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)—
(a)the name and number of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, his electoral number alone);
(b)the number of the postal ballot paper which has been lost or not received and of its replacement issued under this paragraph; and
(c)where the postal voter is a proxy, his name and address.
(9) Paragraphs 9 (except sub-paragraph (3)) to 12, and subject to sub-paragraph (10), 13 of this Schedule shall apply to the issue of a replacement postal ballot papers under sub-paragraph (6).
(10) Where the postal voter applies in person—
(a)by 5pm on the day before the day of the poll, the constituency returning officer may hand a replacement paper to him; or
(b)after 5pm on the day before the day of the poll, the constituency returning officer may only hand a replacement postal ballot paper to him,
instead of delivering it in accordance with paragraph 13 of this Schedule.
(11) Where the constituency returning officer issues another postal ballot paper, or as the case may be, postal ballot papers under sub-paragraph (6), the ballot paper which has been lost or not received shall be cancelled and of no effect.
“Completed corresponding number lists” is defined in rule 53(1)(g) of Schedule 5.