Electoral Fraud (Northern Ireland) Act 2002

Electoral Fraud (Northern Ireland) Act 2002

2002 CHAPTER 13

Commentary on Sections

Section 3: Absent votes and declarations of identity

22. This section amends provisions of the Representation of the People Act 1985 which have effect only in Northern Ireland and which relate to voting by post or by proxy (called “absent voting”) at parliamentary elections there. The amendments have the effect that applications to vote by post or proxy must be signed and state an applicant’s date of birth and national insurance number (or state that he does not have one) and that the signature, date of birth and national insurance number on the application must correspond with the information provided to the Chief Electoral Officer on registration. The Chief Electoral Officer may refuse to grant an absent vote application if he is not satisfied that the signature, date of birth and national insurance number on the application correspond with those held on his records.

23. Subsection (2) amends section 6(1) of the Representation of the People Act 1985 which specifies requirements where an elector applies for an absent vote at elections for an indefinite period. An application can only be granted if the Chief Electoral Officer is satisfied, amongst other matters, that the signature, date of birth and national insurance number (or statement that the applicant does not have a number) on the application corresponds with the information supplied by the elector with his registration application.

24. Subsection (3) makes a similar amendment to section 7(1) of the Representation of the People Act 1985 which specifies the requirements where an elector applies for an absent vote at a particular parliamentary election. The new section 7(1)(ba) has the effect that an application for an absent vote at a particular parliamentary election can only be granted if, amongst other matters, the signature, date of birth and national insurance number (or statement that the applicant does not have a number) on the application corresponds with the information supplied by the elector with his registration application. The amendments made by subsection (3) give the Chief Electoral Officer the right to refuse an absent vote application in the same way as the amendments made by subsection (2). The 1985 Act applies only at parliamentary elections and is not applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989. Provision for absent voting at local elections is made by Part I of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454), as substituted by Schedule 2 to the Local Elections (Northern Ireland) (Amendment) Order 1987 (S.I. 1987/168). An amendment Order subject to the affirmative resolution procedure will make changes similar to those in section 3(2) and (3) of the 2002 Act.

25. Subsection (4)(c) amends rule 45 of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983. New paragraphs (2)(b) and (2)(A) of rule 45, which apply only in the case of an elector (as distinct from a proxy), provide that a postal ballot paper shall not be deemed to be duly returned unless the accompanying declaration of identity has been signed and states his date of birth and the signature and date of birth correspond with those supplied on electoral registration.