Electoral Law Act (Northern Ireland) 1962

Votes marked by presiding officer N.I.

35 (1) Subject to paragraph (2), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other [F1 disability] from voting in manner directed by these rules, or

(b) who declares orally that he is unable to read,

shall, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in manner directed by the voter, and the ballot paper to be placed in the ballot box.

(2) Paragraphs (2) to (7) of rule 34 apply in the case of a voter who applies under paragraph (1) as they apply in the case of a voter who applies under rule 34(1), but [F2 but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b) in rule 34(5B), the reference to paragraph (1) of rule 34 were to paragraph (1) of this rule.]

(3) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these rules called the list of votes marked by the presiding officer).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

[F3 (4) The same list may be used for each election.

(5) If it is, an entry in the list must be taken to mean that the ballot papers were marked in pursuance of this rule in respect of each election unless the list identifies the election at which the ballot paper was so marked.]

[F4 (6) In this rule and in rule 36, reference to disability, in relation to voting, includes a short term inability to vote.]

[F5 (7) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, paragraph (3) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.]

F1 Words in Sch. 5 rule 35(1)(a) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 65(a); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F2 Words in Sch. 5 rule 35(2) substituted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 15; S.I. 2022/1401, reg. 2(f)(v) (with reg. 3(3))

F3 2001 c. 7

F4 Sch. 5 rule 35(6) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 65(b); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F5 Sch. 5 rule 35(7) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(4); S.I. 2008/1318, art. 2(2)(b)