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Referendums (Scotland) Act 2020

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Questions to be put to votersS

19(1)At the time a voter applies for a ballot paper (but not afterwards), the presiding officer—S

(a)must put the questions mentioned in paragraph (2) to the voter if required to do so by a referendum agent or polling agent,

(b)may put the questions mentioned in paragraph (2) to the voter if the presiding officer considers it appropriate to do so.

(2)The questions referred to in paragraph (1) are—

Type of person applying for ballot paperQuestions
1. A person applying as a voter(a) “Are you the person named in the register of local government electors as follows (read the whole entry from the register of local government electors)?”
(b) “Have you already voted in this referendum otherwise than as proxy for some other person?”
2. A person applying as proxy(a) “Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?”
(b) “Have you already voted in this referendum as proxy on behalf of C.D.?”
(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.?”
3. A person applying as proxy for a voter with an anonymous entry (instead of the questions in entry 2)(a) “Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of local government electors is (read out the number from the register of local government electors)?”
(b) “Have you already voted in this referendum as proxy on behalf of the voter whose number on the register of local government electors is (read out the number from the register of local government electors)?”
(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of local government electors is (read out the number from the register of local government electors)?”
4. A person applying as proxy if the answer to the question at 2(c) or 3(c) is not “yes”“Have you already voted in this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?”
5. A person applying as a voter in relation to whom there is an entry in the postal voters list(a) “Did you apply to vote by post?”
(b) “Why have you not voted by post?”
6. A person applying as proxy who is named in the proxy postal voters list(a) “Did you apply to vote by post as proxy?”
(b) “Why have you not voted by post as proxy?”

(3)In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions in entries 1(a) and 3(a), (b) and (c) to the register of local government electors is to be read as a reference to the notice issued under that section.

(4)A ballot paper must not be delivered to any person required to answer a question under this rule unless the person answers the question satisfactorily.

(5)Except as authorised by this rule, no enquiry is permitted as to the right of any person to vote.

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