Electoral Fraud (Northern Ireland) Act 2002

Electoral Fraud (Northern Ireland) Act 2002

2002 CHAPTER 13

Commentary on Sections

Section 2: Dates of birth and ballot papers

16. This section amends the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983. These rules apply (with amendments which extend only to Northern Ireland made by the Elections (Northern Ireland) Act 1985 to rules 37 and 40, in particular regarding the requirement that voters should produce specified documents) for the purposes of parliamentary elections in Northern Ireland. Rule 35 relates to the power to put questions to voters attending the polling station. Rule 37 states the circumstances in which a presiding officer or clerk is entitled to refuse to deliver a ballot paper to a voter. Rule 40 states the circumstances in which a voter can mark a tendered ballot paper.

17. The amendments made by the Bill empower a presiding officer or clerk at a polling station to ask a third statutory question as to a voter’s date of birth. If the voter answers to the satisfaction of the presiding officer, the ballot paper must be presented.

18. Subsection (2) amends rule 35. The new rule 35(1A) enables a presiding officer to put the additional question “What is your date of birth?” to any person applying for a ballot paper at the time of their application. The amendment made by subsection (2)(b) expands the reference to “mentioned above” into “mentioned in paragraph (1) above”.

19. Subsection (3) amends rule 37. This rule currently requires a presiding officer or clerk to hand over a ballot paper to a voter who produces a specified document unless the document raises a reasonable doubt as to his identity. The amendment to rule 37(1B) adds to the circumstances in which a reasonable doubt may arise. The doubt may be prompted, under the provisions of rule 37(1B), by the information contained in the specified document itself or the apparent age of the voter compared with the date of birth supplied to the Chief Electoral Officer.

20. Subsection (3)(b) amends paragraph (1C) of rule 37 to take account of the point that refusal may now arise from doubts about age as well as doubts arising from the specified document. Subsection (3)(c) amends rule 37(1D) for the same reason.

21. Subsection (4) amends rule 40, which relates to the circumstances in which a person is entitled to mark a tendered ballot paper. A person may be allowed to mark a tendered ballot paper in certain circumstances, such as where he discovers, on applying for his ballot paper, that someone else has already voted in his stead. The amendments to rule 40(1B) add to the circumstances in which a tendered ballot can be marked to those when a presiding officer is not satisfied by the elector’s answer to the question as to his date of birth.