Electoral Registration and Administration Act 2013 Explanatory Notes

Part 4: Absent voting

132.Paragraph 16 provides that a person who makes an application to vote by post or proxy after the commencement date will only be successful if they are registered under the new system (whether by making an application under the new system or by having their entry confirmed under paragraph 4). This paragraph does not apply to people who are subject to special registration systems.

133.Paragraph 17 states that a person’s existing ability to vote by post or proxy will expire following the first new canvass if they are not registered under the new system (whether by making an application under the new system or by having their entry confirmed under paragraph 4). The registration officer must notify the individual, and regulations may require the registration officer to take other steps (for example providing the individual with the forms needed to make an application to regain an absent vote). Again, this paragraph does not apply to people who are subject to special registration systems.

134.Paragraphs 18 and 19 state that, after the first canvass under the new system, proxies will only be regarded as registered in a register in Great Britain (and so eligible to be a proxy following the change made by section 3) if they are registered under the new system (whether by making an application under the new system or by having their entry confirmed under paragraph 4). Existing registrations resulting from applications made under the old system are therefore not sufficient. This does not apply to proxies who are registered in a register in Northern Ireland, where there is already a system of individual electoral registration and registration under that system is sufficient for the purpose of the change made by section 3.

135.Paragraph 19 also stipulates that if an existing proxy appointment ceases to be in force at that point because the proxy has not made a successful application to register under the new system, the registration officer must inform the proxy and the elector for whom they were appointed, and regulations may require the registration officer to take other steps (for example providing the individuals with the forms needed for the proxy to be reappointed). Again, this paragraph does not apply to people who are subject to special registration systems.

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