SCHEDULES

SCHEDULE 3Rules for the conduct of PCC elections where poll not taken together with poll at another election

PART 3Contested PCC elections

THE POLL

Tendered ballot papers: circumstances where available42

1

In the following cases a person is entitled to mark a ballot paper (a “tendered ballot paper”) in the same manner as any other voter if, in cases 1 to 6, the person satisfactorily answers the questions permitted by law to be asked at the poll.

Rule 43 makes further provision about tendered ballot papers.

2

Case 1 is that—

a

a person applies for a ballot paper,

b

the person claims—

i

to be a particular elector named on the register, and

ii

not to be named in the postal voters list or the list of proxies, and

c

another person has already voted in person either as that elector or as proxy for that elector.

3

Case 2 is that—

a

a person applies for a ballot paper,

b

the person claims to be—

i

a particular person named in the list of proxies as proxy for an elector, and

ii

not entitled to vote by post as proxy, and

c

another person has already voted in person either as that elector or as proxy for that elector.

4

Case 3 is that—

a

a person applies for a ballot paper,

b

the person claims to be a particular elector named on the register,

c

the person is also named in the postal voters list, and

d

the person claims not to have made an application to vote by post.

5

Case 4 is that—

a

a person applies for a ballot paper,

b

the person claims to be a particular person named as a proxy in the list of proxies,

c

the person is also named in the proxy postal voters list, and

d

the person claims not to have made an application to vote by post as proxy.

6

Case 5 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—

a

a person claims to be a particular elector named on the register and also named in the postal voters list, and

b

the person claims to have lost or not received the postal ballot paper.

7

Case 6 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—

a

a person claims to be a particular person named as a proxy in the list of proxies and also named in the proxy postal voters list, and

b

the person claims to have lost or not received the postal ballot paper.

8

In the case of an elector who has an anonymous entry, the references in this rule to a person named on a register or list are to be read as references to a person whose number appears on the register or list (as the case may be).

9

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, the references in this rule to a person named on the register are to be read as references to a person in respect of whom such a notice has been issued.