SCHEDULE 5THE CONSTITUENCY MEMBERS ELECTION RULES

PART 4Contested Elections

Voting by persons with disabilities40

1

If a voter makes an application to the presiding officer to be allowed, on the ground of—

a

blindness or other disability, or

b

inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

2

If the presiding officer–

a

is satisfied that the voter is so incapacitated, and

b

is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

i

is a qualified person within the meaning of these Rules, and

ii

has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

3

For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person may be qualified to assist a voter with disabilities to vote if that person—

a

is a person who is entitled to vote as an elector at the election, or

b

is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

4

The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as the “list of voters with disabilities assisted by companions”).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name must be the elector’s number.

5

In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

6

The declaration made by the companion—

a

must be in the appropriate form, and

b

must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion, and

c

must forthwith be given to the presiding officer who must attest and retain it.

7

No fee or other payment may be charged in respect of the declaration.

8

The same list of voters with disabilities assisted by companions may be used for each relevant election or referendum, and where it is so used, an entry in that list must be taken to mean that the votes were so given in respect of each election and referendum, unless the list identifies the election or referendum for which the vote was so given.