Part 3: Postal voting: issue and receipt of ballot papers
57.Part 3 of Schedule 1 sets out the rules for the handling of postal ballot papers.
58.Paragraph 19 specifies that only the counting officer and their staff may be present at the issuing of postal ballot papers, though it protects the right of representatives of the Electoral Commission and accredited observers to attend. At the receipt of the postal ballot papers, counting officers and their staff may be present, along with the Commission’s representatives and observers. However, referendum agents and their nominated attendees (‘postal ballot agents’) may also attend at the receipt stage (the maximum number of attendees will be the same for each referendum agent and will be determined by the counting officer). Notice of the appointment of a postal ballot agent must be given to the counting officer in advance of the postal voters box being opened.
59.Paragraph 20 requires the counting officer to ensure that anyone attending the issue or receipt of ballot papers has been provided with a copy of the requirement of secrecy (and the offence and penalties for contravening that) as set out in paragraph 7 of schedule 6.
60.Paragraph 21 requires the counting officer to issue the postal ballot papers (and postal voting statements as referred to in rule 8(1)(b) of the conduct rules) as soon as practicable.
61.Paragraph 22 provides the rules for the issuing of postal ballot papers to the addresses shown on the postal voters or proxy postal voters lists. The voter number (as specified in the polling list) must be marked on the corresponding number list beside the unique identifying number of the ballot paper issued to that voter. A mark must also be made on the postal voters list or proxy postal voters list to denote that a ballot paper has been sent to that voter, although in order to preserve the secrecy of the vote, this must not show the particular ballot paper issued. The postal ballot paper and associated documents are to be sent to the address shown in the postal voters list or proxy postal voters list, with appropriate provision made where the person has an anonymous entry so that the existence of the anonymous entry is not disclosed.
62.Under paragraph 23 a counting officer must issue only one ballot paper to a voter with more than one entry in the postal voters list or proxy postal voters list.
63.Under paragraph 24 a counting officer must issue two envelopes to postal voters; an envelope marked “A” in which to put the completed ballot paper (‘the ballot paper envelope’); and an envelope marked “B” in which to return envelope A along with the postal voting statement.
64.Paragraph 25 requires the counting officer to seal the corresponding number lists in a packet after the issue of each batch of ballot papers, and to maintain the security of the marked postal voters list and proxy postal voters lists.
65.Paragraph 26 provides that all postage costs for postal ballot papers must be pre-paid for any address within the UK.
66.Paragraph 27 makes provision for a postal voter who accidentally spoils their ballot paper or postal voting statement to return them, along with the envelopes supplied, to the counting officer and to receive a replacement postal ballot pack. To receive a replacement ballot paper after 5pm on the day before the poll, the ballot pack must be returned in person.
67.The counting officer must, under sub-paragraphs (6) and (7), immediately cancel any returned postal ballot packs and put them into a sealed packet. Under sub-paragraph (9), the counting officer must keep a list of spoilt ballot papers detailing the name and number of the voter and the ballot paper number, and, where the postal voter is a proxy, their name and address.
68.Paragraph 28 allows a postal voter who has lost or has not received their postal ballot paper, postal voting statement or return envelopes to apply to the counting officer for a replacement in a similar way to that described in paragraph 27 of this Act. The counting officer may refuse to issue another postal ballot paper if the officer considers that it is reasonable for the voter to allow further time for the delivery of the documents.
69.Paragraph 29 provides for situations in which a postal ballot paper has been issued before an event happens which means that the postal ballot is no longer applicable, such as an application to vote instead by proxy being granted or a proxy being cancelled. The counting officer is required to cancel the previously issued documents (postal ballot paper and postal voting statement) to ensure that the postal ballot paper is to have no effect. The applicant is required to return the postal ballot paper and associated documents. The counting officer must seal these documents up in a separate packet and maintain a list of superseded ballot papers.
70.Paragraph 30 requires the counting officer to give at least 48 hours’ notice in writing to referendum agents of the opening of any postal ballot box and its contents. They must include details of the time and place and the number of postal ballot agents permitted.
71.Paragraph 31 requires the counting officer to provide separate boxes to collect covering envelopes and postal ballot papers, marked with their purpose and the name of the local government area. The box must be shown to any postal ballot agents to prove that it is empty before being locked and sealed by the counting officer (and any referendum agent or postal ballot agent who wishes to attach their own seal).
72.Sub-paragraph (5) requires the counting officer to provide separate containers for rejected votes, postal voting statements, ballot paper envelopes, rejected ballot paper envelopes, and votes rejected during the verification procedure.
73.Sub-paragraph (6) requires the counting officer to ensure the safety and security of all of the boxes described in this paragraph.
74.Paragraph 32 requires the counting officer to place any returned postal vote covering envelopes (and any other envelopes which contain a ballot paper, ballot paper envelope or postal voting statement) immediately into a postal voters box.
75.Sub-paragraphs (3) and (4) allow the counting officer to collect, or arrange to have collected, any postal ballot papers which have been delivered to polling stations. These should be contained in packets, sealed by the presiding officer and any polling agent who wishes to attach their own seal.
76.Paragraph 33 states that each postal voters box must be opened by the counting officer in front of any postal ballot agents in attendance. As long as one box remains sealed to receive covering envelopes until the close of poll, the counting officer may open the other boxes. The last postal voters box and the postal ballot box must be opened at the counting of the votes under the conduct rules.
77.Paragraph 34 requires the counting officer to count and record the number of covering envelopes in each opened box. The counting officer must then open each of the remaining covering envelopes, keeping the ballot papers face downwards. The counting officer must not be allowed to view the corresponding number list used at the issuing of the postal ballot papers.
78.Where the envelope is missing either a postal voting statement or ballot paper envelope (or, where there is no ballot paper envelope, is missing a ballot paper), the counting officer should mark the covering envelope ‘provisionally rejected’ and place it, with its contents attached, into the container for rejected votes.
79.Under sub-paragraph (7), where the envelope does contain a postal voting statement, the counting officer should mark the marked copy of the postal voters list or proxy postal voters list with a separate, clear mark, to highlight that the voter has returned their postal vote.
80.Sub-paragraph (9) requires the counting officer, once the last covering envelope has been opened, to make a sealed packet containing the marked postal voters list and proxy postal voters list.
81.Paragraph 35 allows anyone on the postal voters list or proxy postal voters list to request confirmation from the counting officer that their postal voting statement has been received and whether it has been provisionally rejected, at any time between the issuing of the postal ballots and the close of the poll.
82.Paragraph 36 sets out the procedure for verifying personal identifiers. The counting officer must determine whether the postal voting statement has been properly completed, including comparing the signature and date of birth on the postal voting statement with those contained in the record of personal identifiers. Votes rejected under this paragraph should be placed in the rejected votes (verification procedure) container. The postal ballot agents must be shown the postal voting statement and permitted to view the personal identifiers record, and may object to the decision, in which case the statement will be marked to show that the rejection was objected to.
83.The counting officer must then compare the numbers on the postal voting statements with those on the ballot paper envelopes. If the numbers match, the postal voting statements and ballot paper envelopes should be placed in their respective containers. Where they do not match, or where there is a valid postal voting statement but no ballot paper envelope, the counting officer should mark the documents ‘provisionally rejected’ and put them in the container for rejected votes.
84.Paragraph 37 requires the counting officer to open the ballot paper envelopes and place the ballot papers in the postal ballot box, except where the ballot paper envelope is empty, or where the number on the ballot paper does not match the number on the ballot paper envelope (in which case they should be marked ‘provisionally rejected’ and placed in the containers for rejected ballot paper envelopes or the container for rejected ballot papers respectively).
85.Paragraph 38 allows the counting officer to retrieve any cancelled ballot paper which has been placed in a postal voters box, postal ballot box or the container for ballot paper envelopes.
86.Paragraph 39 requires the counting officer to keep a list of the ballot paper numbers of any postal ballot paper which was received without a corresponding postal voting statement; and a separate list of the ballot paper numbers of any postal ballot papers which were not received with the corresponding postal voting statement.
87.Paragraph 40 provides that where a postal voting statement is received with no attached ballot paper, or vice versa, the counting officer should check to see whether the corresponding papers are included on either of the lists described above. If the papers can be matched, the counting officer must act as though the papers had not been marked ‘provisionally rejected’ and must treat the papers accordingly.
88.Paragraph 41 requires the counting officer, as soon as possible after the matching of papers, to make up separate sealed packets containing the contents of the containers of rejected votes, rejected ballot paper envelopes, the lists of spoilt, lost and superseded ballot papers, rejected votes (verification procedure) and postal voting statements (verification procedure) . Any document in those packets which has been marked as provisionally rejected is then deemed to be marked rejected.
89.Under paragraph 42, the counting officer is required to send all of the sealed packets to the proper officer of the local authority (along with the other documents to be sent as part of the conduct rules in schedule 2) with a description of the contents and date on each packet. The counting officer must also send a completed statement in the form prescribed by the CCO detailing the postal ballot papers issued, received, counted and rejected. A copy of this statement should be provided to the Electoral Commission. Where any papers are received too late to be included in the packs, the counting officer should package and send these separately.
90.Paragraph 43 allows the CCO to prescribe forms to be used for applying for an absent vote and the postal ballot paper statement. Where the forms are prescribed by the CCO, they may be used with such variations as circumstances require.