Part 1Local government elections

Miscellaneous

27Tendered votes in certain circumstances

(1)

In section 61 of the 1983 Act (certain voting offences), before subsection (7) insert—

“(6B)

A person is not guilty of an offence under subsection (2)(b) or (3)(b) above by reason only of having marked or tendered a ballot paper at a local government election in Scotland in pursuance of any provision—

(a)

made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors; and

(b)

which entitles him to do so despite the fact that he is or may be entitled to vote by post at the election.”.

(2)

In Schedule 4 to the 2000 Act (absent voting in Great Britain)—

(a)

in paragraph 2 (manner of voting at parliamentary or local government elections), before sub-paragraph (7) insert—

“(6B)

Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—

(a)

made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and

(b)

which entitles him to do so despite the fact that he is or may be entitled to an absent vote at the election.”,

(b)

in paragraph 7 (voting as proxy), at end insert—

“(14)

Sub-paragraph (2) above does not prevent a person entitled to vote as proxy for another, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—

(a)

made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and

(b)

which entitles him to do so despite the fact that he is or may be entitled to vote by post as proxy.”.