Elections Act 2022

Electoral Law Act (Northern Ireland) 1962

13 (1) Rule 32 (questions to be put to voters) is amended as follows.

(2) In paragraph (1A), after “elector” insert “or as proxy”.

(3) For paragraph (2) substitute—

“(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned in paragraph (1) above must, put the following additional question:—

(a) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of four or more electors?”

and if the person answers that question in the negative, the following question:—

(b) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of two or more electors both or all of whom are registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?”

and if the person answers that question in the affirmative, the following question:—

(c) “Is the elector (or are the electors) for whom you are voting today at this election registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?””

(4) After paragraph (2) insert—

“(2A) Where a clerk—

(a) gives a person the required information (see paragraph (6)),

(b) puts any of the questions set out in paragraphs (1) to (2) above to the person, and

(c) decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.”

(5) For paragraph (3) substitute—

“(3) Where the presiding officer—

(a) gives a person the required information,

(b) puts any of the questions set out in paragraphs (1) to (2) above to the person (whether or not following a referral under paragraph (2A)), and

(c) decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person.”

(6) After paragraph (5) insert—

“(6) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.”