The Greater London Authority Elections Rules 2007

Votes marked by presiding officer U.K.

40.—(1)  [F1 Subject to paragraph (1A), the] presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or

(b) who declares orally that he is unable to read,

must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

[F2 (1A) Paragraphs (1A) to (1M) of rule 39 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 39(1), but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b) in rule 39(1G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.]

(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.

(3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act M1 , paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) The same list of votes marked by the presiding officer may be used for the election and each Authority election, and where it is so used, an entry in that list must be taken to mean that the ballot papers were so marked in respect of each Authority election, unless the list identifies the election for which the ballot paper was so marked.

Textual Amendments

F1 Words in Sch. 2 rule 40(1) substituted (with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 13(8)(a)

F2 Sch. 2 rule 40(1A) inserted (with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 13(8)(b)

Marginal Citations

M1 Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).