Electoral Law Act (Northern Ireland) 1962

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[F1Voting procedure and voter identification requirements]N.I.

34(1)Subject to paragraphs (2) to (7), a ballot paper shall be delivered to a voter who applies for one and immediately before delivery—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the number and name of the elector as stated in the copy of the register of electors shall be called out;

(c)the number of the elector shall be marked on the [F3list mentioned in rule 26(3)(e) beside the number of the ballot paper to be issued to the elector];

(d)a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(e)in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

[F4(1A)A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting is (despite the close of the poll) entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.]

[F5(1A)In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9) of the 1983 Act, paragraph (1) is modified as follows—

(a)in sub-paragraph (b), for “copy of the register of electors” substitute copy of the notice issued under section 13BA(9) of the 1983 Act;

(b)in sub-paragraph (d), for “in the register of electors” substitute on the copy of the notice issued under section 13BA(9) of the 1983 Act.]

(2)A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

[F6(2A)The presiding officer or clerk must arrange for the voter to produce a specified document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.]

(3)Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless [F7—

(a)the officer or clerk decides that—

(i)the document, or

(ii)the apparent age of the voter as compared with the voter’s age according to the date supplied as the date of the voter’s birth pursuant to a relevant provision (see paragraph (5C)),

raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b)the officer or clerk reasonably suspects that the document is a forged document (see paragraph (6B)).]

(4)[F8Where in such a case it is a presiding officer who so decides [F9or reasonably suspects (as the case may be)],] he shall refuse to deliver a ballot paper to the voter [F10(subject to paragraph (5A))].

[F8(5)Where in such a case it is a clerk who so decides [F11or reasonably suspects (as the case may be)], he shall refer the matter and produce the document to the presiding officer, who shall proceed as if it had been to him that the voter had presented himself and produced the document in the first place.]

[F12(5A)There is an exception from paragraph (4) for cases within paragraph (3)(a) where—

(a)a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and

(b)the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.

(5B)The refusal to deliver a ballot paper to a voter under paragraph (4) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (5A) apply on any further application.

(5C)For the purposes of paragraph (3)(a)(ii), “relevant provision” means—

(a)where the voter is registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and

(b)where the voter is registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.]

(6)For the purposes of this rule a specified document is [F13a document (in whatever form issued to the holder and regardless of any expiry date) which] for the time being falls within the following list:—

[F14(a)a F15. . . licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;]

(b)a F15. . . passport issued by the Government of [F16[F17the United Kingdom or of a member State];]

Subs.—paras. (c)—(g) rep. by SI 2003/1245

[F8(h)a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;]

[F8(i)a F15. . . electoral identity card issued under section 13C of the Representation of the People Act 1983]

[F18(j)a [F19Registered Blind SmartPass or] Blind Person's SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(k)a [F20War Disablement SmartPass or] War Disabled SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

[F21(ka)a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;]

(l)a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008.]

[F22(m)a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.]

F23. . .

[F24(6A)In paragraph (6)(a) “licence to drive a motor vehicle” means a licence granted under—

(a)Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988;

(b)the Road Traffic (Northern Ireland) Order 1981; or

(c)any corresponding enactment for the time being in force,

and includes a Community licence within the meaning of those enactments.]

[F25(6B)In this rule, a “forged document” means a false document made to resemble a specified document.

(6C)No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.]

(7)References in this rule to producing a document are to producing it for inspection.

(8)The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there shall—

(a)secretly record his vote by placing on the ballot paper the figure 1 opposite the name of the candidate for whom he votes and in addition, if he so wishes, by placing the figure 2 opposite the name of the candidate of his second choice, the figure 3 opposite the name of the candidate of his third choice and so on in the order of his preference;

(b)fold the paper so that his vote is concealed;

(c)show to the presiding officer the back of the paper so as to disclose the [F26number and other unique identifying] mark; and

(d)put the folded ballot paper into the ballot box in the presiding officer's presence.

(9)The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

[F27(10)The same copy of the register of electors may be used under paragraph (1) for each election.

(11)One mark may be placed in that register under paragraph (1)(d) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been received in respect of each election.

(12)If a ballot paper is issued in respect of one election only a different mark must be placed in the register or list (as the case may be) so as to identify the election in respect of which the ballot paper is issued.]

F1Sch. 5 rule 34 heading substituted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 14(2); S.I. 2022/1401, reg. 2(f)(iv)(bb) (with reg. 3(3))

F2Sch. 5 rule 34(1)(a) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(2) (with art. 1(3))

F3Words in Sch. 5 rule 34(1)(c) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 68(3) (with art. 1(3))

F4Sch. 5 rule 34(1A) inserted (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 3(4)

F5Sch. 5 rule 34(1A) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(3); S.I. 2008/1318, art. 2(2)(b)

F6Sch. 5 rule 34(2A) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 14(3); S.I. 2022/1401, reg. 2(f)(iv)(bb) (with reg. 3(3))

F7Words in Sch. 5 rule 34(3) substituted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 14(4); S.I. 2022/1401, reg. 2(f)(iv)(bb) (with reg. 3(3))

F8SI 2002/2835

F9Words in Sch. 5 rule 34(4) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 14(5)(a); S.I. 2022/1401, reg. 2(f)(iv)(bb) (with reg. 3(3))

F10Words in Sch. 5 rule 34(4) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 14(5)(b); S.I. 2022/1401, reg. 2(f)(iv)(bb) (with reg. 3(3))

F11Words in Sch. 5 rule 34(5) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 14(6); S.I. 2022/1401, reg. 2(f)(iv)(bb) (with reg. 3(3))

F12Sch. 5 rule 34(5A)-(5C) inserted (16.1.2023 for specified purposes, 31.1.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 14(7); S.I. 2022/1401, reg. 2(f)(iv)(cc) (with reg. 3(3)); S.I. 2023/1145, reg. 4(e)(iv) (with Sch. para. 3)