40ZBRefusal to deliver ballot paper: Great Britain

1

This rule applies in relation to an election held in England and Wales or Scotland.

2

Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list—

a

the voter’s electoral number, and

b

against that number, the reason for the refusal.

3

Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

a

the name and address of the voter, and

b

against those details, the reason for the refusal.

4

Paragraphs (5) and (6) apply where—

a

a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1E), and

b

the voter makes a further application under rule 37(1).

5

If a ballot paper is delivered to the voter following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

6

If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

7

Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter).

8

For the purposes of paragraph (2)(a), a person’s “electoral number” is the number—

a

allocated to the person as stated in the copy of the register of electors, or

b

where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.

9

Subject to rule 37(1G) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever.

10

A refusal to deliver a ballot paper to a voter is subject to review on an election petition.

11

In this rule—

a

except in paragraph (4)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3) or 37(1E), and

b

any reference to paragraph (1E) or (1G) of rule 37 includes a reference to that paragraph as applied by rule 38, 39 or 40.