Regulation 39
SCHEDULE 2
Regulation 13
“SCHEDULE 2ABSENT VOTERS
PART 1APPLICATIONS
Interpretation of Part 1
1. In this Part—
“allotted polling station” means in relation to an elector, the polling station allotted or likely to be allotted to that elector under the European Parliamentary elections rules; and
“related” has the meaning set out in paragraph 5(5).
General requirements for applications for an absent vote
2.—(1) An application under regulation 8, 9, 10 or 11 must comply with the requirements of this paragraph and such further requirements in this Schedule as are relevant to the application.
(2) The application must state, in addition to the matters required by regulation 8(1)(c) to (e) or regulation 9(1)(c) to (e) in the case of an application under regulation 8(1) or 9(1)—
(a)the full name of the applicant;
(b)the address in respect of which the applicant is or will be registered in the register except in the case of an application under regulation 11;
(c)in the case of such an application, the proxy’s address, together with the name of the elector for whom he will act as proxy and the elector’s address for the purposes of sub-paragraph (b); and
(d)in the case of an application under regulation 8(1), 9(1) or 11(4) or (7), the grounds on which the elector claims to be entitled to an absent vote.
(3) The application must be made in writing and be signed and dated by the applicant.
(4) Where an application is made to vote by proxy, it must include an application for the appointment of a proxy which meets the requirements of paragraph 3.
Additional requirements for applications for the appointment of a proxy
3. An application for the appointment of a proxy under regulation 10(6) or (7) must state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and—
(a)if it is signed only by the applicant, must contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or
(b)if it is also signed by the person to be appointed, must contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.
Additional requirements for applications on grounds of blindness or other disability
4.—(1) An application under regulation 8(4)(b) must specify the disability by reason of which it is made.
(2) Subject to sub-paragraph (3), such an application must be attested and signed by—
(a)a registered medical practitioner;
(b)a registered nurse;
(c)a Christian Science practitioner;
(d)the person registered under the Registered Homes (Northern Ireland) Order 1992(1)) as carrying on a residential care home within the meaning of article 3 of that Order or a nursing home within the meaning of article 16 of that Order, where the application states that the applicant is resident in such a home;
(e)the person in charge of residential accommodation provided under article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972(2), where the application states that the applicant is resident in such accommodation; or
(f)the manager or other person in charge of premises forming one of a group of premises provided for persons of pensionable age or persons with a disability for which there is a resident manager or other person in charge, where the application states that the applicant resides in such premises.
(3) The person attesting the application must state—
(a)his name and address and the qualification by virtue of which he attests the application;
(b)that, to the best of his knowledge and belief, the applicant has the disability specified in the application and cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that disability; and
(c)that to the best of his knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.
(4) Sub-paragraphs (2) and (3) shall not apply where—
(a)the application is based on the applicant’s blindness and the applicant is registered as a blind person by the Health and Social Services Board which is specified in the application; or
(b)the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3)) because of the disability specified in the application.
(5) The fact that an applicant is registered with a Health and Social Services Board as a blind person shall be deemed sufficient evidence that the applicant is eligible for an absent vote on the grounds set out in regulation 8(4)(b).
Additional requirements for applications based on occupation, service, employment or attendance on a course
5.—(1) An application under regulation 8(4)(c) must state—
(a)whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse or civil partner or, as the case may be, it is the applicant or his spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made;
(b)the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;
(c)where the person in respect of whose occupation, service or employment it is made (in this paragraph referred to as “the employed person”) is self-employed, that fact; and in any other case the name of that person’s employer;
(d)the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to his allotted polling station.
(2) Such an application must be attested and signed—
(a)where the employed person is self-employed, by a person who—
(i)is aged 18 years or over;
(ii)knows the self-employed person; and
(iii)is not related to him;
(b)where the employed person is not self-employed, by his employer or by another employee to whom this function is delegated by the employer; and
(c)in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.
(3) The person attesting an application under sub-paragraph (2) must—
(a)where the applicant is the employed person or the person attending the course, certify that the statements required by paragraphs (a) to (d) of sub-paragraph (1) to be included in the application are true; or
(b)where the applicant is the spouse or civil partner of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of paragraphs (a) to (c) of sub-paragraph (1) are true.
(4) The person attesting an application under sub-paragraph (2) must also state—
(a)his name and address, that he is aged 18 years or over, that he knows the employed person or person attending a course provided by an educational institution but is not related to him; and
(b)if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or
(c)if he is attesting an application made on the ground of attendance at a course provided by an educational institution, the post he holds at that institution.
(5) For the purposes of this paragraph and paragraph 6 below, one person is related to another if he is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.
Additional requirements for applications in respect of a particular election
6.—(1) An application under regulation 9(1) must set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.
(2) Except in respect of an application to which sub-paragraph (4), (6) or (8) applies, such an application must be signed and attested by a person who—
(a)is aged 18 years or over;
(b)resides in the United Kingdom;
(c)knows the applicant but is not related to him; and
(d)has not attested under this paragraph any other application in respect of the election for which the application he attests is made.
(3) The person attesting an application under sub-paragraph (2) must state—
(a)his full name and address;
(b)that he is aged 18 years or over;
(c)that he resides in the United Kingdom;
(d)that he knows the applicant but is not related to him; and
(e)that he has not attested under sub-paragraph (2) any other application in respect of the election for which the application he attests is made;
and must certify that, to the best of his knowledge and belief, the statement included in the application in accordance with sub-paragraph (1) is true.
(4) This sub-paragraph applies in respect of an application under regulation 9(1) in which the grounds set out in accordance with sub-paragraph (1) are that the applicant will be or is likely to be ill on the date of the poll, and which—
(a)specifies that illness; and
(b)is attested and signed by one of the persons specified in paragraphs (a), (b) and (c) of paragraph 4(2).
(5) The person attesting an application under sub-paragraph (4) must state—
(a)his name and address;
(b)the qualification by virtue of which he is authorised to attest it;
(c)that he has seen the applicant in connection with the circumstances set out in the application in accordance with sub-paragraph (1); and
(d)that to the best of his knowledge and belief—
(i)the applicant is suffering from the illness specified in the application;
(ii)that he will be or is likely to be so suffering on the date of the poll; and
(iii)that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness.
(6) This sub-paragraph applies in respect of an application under regulation 9(1)—
(a)which is received by the registration officer after 5 p.m. on the fourteenth day (calculated in accordance with paragraph 8(5) below) before the date of the poll at the election in question (“the standard closing date for applications”) but before 5 p.m. on the sixth day (so calculated) before the date of that poll;
(b)in which the circumstances set out in accordance with sub-paragraph (1) relate to the applicant’s health;
(c)which includes a statement to the effect that, before the standard closing date for applications, the applicant could not have reasonably foreseen that those circumstances would, or would be likely to, exist on the date of the poll; and
(d)which is attested and signed by one of the persons specified in paragraphs (a), (b) and (c) of paragraph 4(2).
(7) The person attesting an application under sub-paragraph (6) must state—
(a)his name and address;
(b)the qualification by virtue of which he is authorised to attest it;
(c)that he has seen the applicant in connection with the circumstances set out in the application in accordance with sub-paragraph (1); and
(d)that, to the best of his knowledge and belief, the statement which the applicant made in accordance with sub-paragraph (6)(c) is correct.
(8) This sub-paragraph applies in respect of an application under regulation 9(1)—
(a)which is received by the registration officer during the period specified in sub-paragraph (6)(a);
(b)in which the circumstances set out in accordance with sub-paragraph (1) relate to the applicant’s employment either as a constable or by the returning officer on the date of the poll of the election for which the application is made for a purpose connected with that election or any other parliamentary or European Parliamentary election the poll for which is held on the same day;
(c)which states the employment in question; and
(d)in the case of a constable, which is signed by a member of the Police Service of Northern Ireland of or above the rank of inspector.
Additional requirements for applications by proxies to vote by post at a particular election
7. An application under regulation 11(6) must set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under the European Parliamentary elections rules.
Closing date for applications
8.—(1) An application under regulation 8(1) or (7), 10(6) or 11(4) shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the fourteenth day before the day of the poll at that election.
(2) Subject to sub-paragraph (3), an application under regulation 9(1) or (2), 10(4) or 11(6) or (7) shall be refused if it is received by the registration officer after 5 p.m. on the fourteenth day before the day of the poll at the election for which it is made.
(3) Sub-paragraph (2) shall not apply to an application which satisfies the requirements of either sub-paragraphs (6) and (7) or sub-paragraph (8) of paragraph 6; and such an application shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the day of the poll at the election for which it is made.
(4) An application under—
(a)regulation 8(6)(a) by an elector to be removed from the record kept under regulation 8(5), or
(b)regulation 11(10)(a) by a proxy to be removed from the record kept under regulation 11(5),
and a notice under regulation 10(9) by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the fourteenth day before the date of the poll at that election.
(5) In computing a period of days for the purposes of this paragraph, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday shall be disregarded.
(6) In sub-paragraph (5) “bank holiday” means—
(a)in relation to a general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(4) in any part of the United Kingdom, and
(b)in relation to a by-election, a day which is a bank holiday under that Act in Northern Ireland;
except that where, at a European Parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, paragraph (b), not paragraph (a), shall apply.
Grant or refusal of applications
9.—(1) Where the registration officer grants an application under regulation 8, 9, 10 or 11, he must, where practicable, notify the applicant of his decision.
(2) Where the registration officer grants an application for the appointment of a proxy, he must confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment.
(3) The proxy paper to be issued by the registration officer on the appointment of a proxy must be in Form K in the Appendix of Forms.
(4) Where the registration officer refuses an application under regulation 8, 9, 10 or 11, he must notify the applicant of his decision and, in the case of an application under regulation 8(1) or 11(4), of the reasons for it; and he must date such a notification.
(5) Where under paragraph 8(1) or (4) the registration officer disregards an application for the purposes of a particular election, he must where practicable, notify the applicant of this.
Notice of appeal
10.—(1) A person desiring to appeal under regulation 22(1) against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notification given under paragraph 9(4) specifying the grounds of appeal.
(2) The registration officer must forward any such notice to the appropriate county court together in each case with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.
(3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.
Cancellation of proxy appointment
11. Where the appointment of a proxy is cancelled by notice given to the registration officer under regulation 10(9) or ceases to be in force under that provision or is no longer in force under regulation 10(10)(b), the registration officer must—
(a)notify the person whose appointment as proxy has been cancelled, or expired, or ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy, and
(b)remove his name from the record kept under regulation 8(5)(b).
Inquiries by registration officer
12.—(1) The registration officer may, at such times as he thinks fit, make inquiries of a person who is shown in the record kept under regulation 8(5) by virtue of an application under that regulation on the grounds set out in sub-paragraph (b) or (c) of regulation 8(4).
(2) In the case of a person who is shown in the record kept under regulation 8(5) by virtue of an application under that regulation on the grounds set out in regulation 8(4)(c), the registration officer must make the inquiries referred to in sub-paragraph (1) above not later than three years after the granting of the application or the last such inquiries, as the case may be.
(3) The registration officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.
Records and lists kept under regulations 8, 9 and 11
13.—(1) The registration officer must, on request, supply free of charge a copy of the lists kept under regulation 9(6) and 11(8) to each candidate at a European Parliamentary election or his election agent.
(2) The registration officer must make available for inspection at his office a copy of the records kept under regulations 8(5) and 11(5).
(3) As soon as practicable after the sixth day before the day of the poll (calculated in accordance with paragraph 8(5) above) the registration officer must publish the lists kept under regulations 9(6) and 11(8) by making a copy of them available for inspection at his office.
Marked register for polling stations
14. To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” must be placed against the name of that elector in any copy of the register, or part of it, provided for a polling station.
PART 2ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
Interpretation of Part 2
15. For the purposes of this Part—
“agent” includes an election agent and a person appointed to attend in the election agent’s place;
“ballot paper envelope” and “covering envelope” mean the envelopes referred to in paragraph 23;
“corresponding number list” means the list prepared under rule 20 of the European Parliamentary elections rules;
“postal ballot paper” means a ballot paper issued to a postal voter;
“postal voter” means an elector or proxy who is entitled to vote by post;
“postal voters' ballot box” means the ballot box referred to in paragraph 28(1)(a);
“receptacle for ballot paper envelopes” and other references to specified receptacles, means the receptacles referred to in paragraph 28(5);
“spoilt postal ballot paper” means a ballot paper referred to in paragraph 26(1);
“universal postal service provider” has the meaning given in the Postal Services Act 2000(5) to a “universal service provider”; and
“valid declaration of identity” means one falling within paragraph 32(1).
issue of postal ballot papers
Form of declaration of identity
16. The form of the declaration of identity for the purposes of rule 25 of the European Parliamentary elections rules must be in Form L in the Appendix of Forms.
Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
17. Without prejudice to the provisions of sections 6A to 6E of the 2000 Act(6) no person may be present at the proceedings on the issue or receipt of postal ballot papers at a European Parliamentary election other than—
(a)the returning officer and his clerks;
(b)a candidate;
(c)an election agent or any person appointed by a candidate to attend in his election agent’s place; and
(d)any agents appointed under paragraph 18.
Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers
18.—(1) Each candidate may appoint one or more agents to attend the proceedings on the issue or receipt of the postal ballot papers up to the number he may be authorised by the returning officer to appoint so that the number authorised must be the same in the case of each candidate.
(2) Notice in writing of the appointment stating the names and addresses of the persons appointed must be given by the candidate to the returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot box, as the case may be.
(3) If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place and must forthwith give to the returning officer notice in writing of the name and address of the agent appointed.
(4) Agents may be appointed and notice of appointment given to the returning officer by the candidate’s election agent instead of by the candidate.
(5) In this Part references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1), who are within the number authorised by the returning officer.
(6) A candidate may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.
(7) Where in this Part any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy
19. The returning officer must make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of regulation 30(5) and (7).
Notice of issue of postal ballot papers
20.—(1) The returning officer must give each candidate not less than 48 hours' notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents the candidate may appoint under paragraph 18 to attend that issue.
(2) Where any subsequent issue of postal ballot papers is made, the returning officer must notify each candidate as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents the candidate may appoint under paragraph 18 to attend such issue.
Procedure on issue of postal ballot paper
21.—(1) The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to the elector.
(2) A mark must be placed in the absent voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy, but without showing the particular ballot paper issued.
(3) The number of a postal ballot paper must be marked on the declaration of identity sent with that paper.
(4) The address to which the postal ballot paper, declaration of identity and the envelopes referred to in paragraph 23 are to be sent is—
(a)in the case of an elector, the address shown in the absent voters list;
(b)in the case of a proxy, the address shown in the proxy postal voters list.
Refusal to issue postal ballot paper
22. Where the returning officer is satisfied that two or more entries in the absent voters list, or the proxy postal voters list or in each of those lists relate to the same elector, he must not issue more than one ballot paper in respect of that elector.
Envelopes
23.—(1) Sub-paragraphs (2) and (3) specify the envelopes which are to be issued to a postal voter in addition to the ballot paper and declaration of identity (which are issued under rule 25 of the European Parliamentary elections rules).
(2) There must be issued an envelope for the return of the postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which shall be marked with the letter “B”.
(3) There must also be issued a smaller envelope (referred to as a “ballot paper envelope”) which must be marked with—
(a)the letter “A”;
(b)the words “ballot paper envelope”; and
(c)the number of the ballot paper, unless the envelope has a window through which the number on the ballot paper can be displayed.
Sealing up and security of completed corresponding number and other lists
24.—(1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer must make up into a packet the completed corresponding number lists of those ballot papers which have been issued and must seal such a packet.
(2) As soon as practicable after the last batch of postal ballot papers has been issued, the returning officer must make up into a packet the marked copies of the absent voters list and the proxy postal voters list and must seal such a packet.
(3) Until the time referred to in sub-paragraph (2), the returning officer must take proper precautions for the security of the lists referred to in that sub-paragraph.
Delivery of postal ballot papers
25.—(1) For the purposes of delivering postal ballot papers, the returning officer may use—
(a)a universal postal service provider;
(b)a commercial delivery firm; or
(c)clerks appointed under rule 27(1) of the European Parliamentary elections rules.
(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters must be counted and delivered to that provider or firm by the returning officer with such form of receipt to be endorsed by the provider or firm as may be arranged.
(3) Postage must be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies) and on the covering envelopes.
Spoilt postal ballot papers
26.—(1) If a postal voter has inadvertently dealt with his postal ballot paper in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the returning officer the spoilt postal ballot paper and the declaration of identity.
(2) On receipt of the documents referred to in sub-paragraph (1), the returning officer must issue another postal ballot paper except where those documents are received after 5 p.m. on the day before the day of the poll.
(3) Paragraphs 21 (except sub-paragraph (3)), 23, 24 and, subject to sub-paragraph (6) below, 25 apply to the issue of a replacement postal ballot paper under sub-paragraph (2).
(4) The spoilt postal ballot paper and the declaration of identify must be immediately cancelled.
(5) The returning officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened, the additional cancelled documents included in it and the packet sealed again.
(6) Where a postal voter applies in person, the returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 25.
(7) The returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—
(a)the name and address of the elector as stated in the register;
(b)the number of the postal ballot paper issued under this paragraph; and
(c)where the postal voter whose ballot paper is spoilt is a proxy, his name and address.
receipt of postal ballot papers
Notice of opening of postal ballot paper envelopes
27.—(1) The returning officer must give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.
(2) Such a notice must specify—
(a)the time and place at which such an opening is to take place, and
(b)the number of agents a candidate may appoint under paragraph 18(1) to attend each opening.
Postal ballot boxes and receptacles
28.—(1) The returning officer must provide a separate ballot box for the reception of—
(a)the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and
(b)postal ballot papers (“postal ballot box”).
(2) Each such ballot box must be marked “postal voters' ballot box” or “postal ballot box”, as the case may be.
(3) The postal ballot box must be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.
(4) The returning officer must then lock the postal ballot box, if it has a lock, and apply his seal in such manner as to prevent its being opened without breaking the seal; and any of the agents present who wish to add their seals may then do likewise.
(5) The returning officer must provide the following receptacles—
(a)the receptacle for rejected votes;
(b)the receptacle for declarations of identity; and
(c)the receptacle for ballot paper envelopes.
(6) The returning officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.
Receipt of covering envelope
29. The returning officer must, immediately on receipt (whether by hand or by post) of a covering envelope before the close of the poll, place it unopened in a postal voters' ballot box.
Opening of postal voters' ballet box
30.—(1) Each postal voters' ballet box must be opened by the returning officer in the presence of the agents.
(2) So long as the returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.
(3) The last postal voters' ballot box must be opened at the counting of the postal ballot papers under rule 50 of the European Parliamentary elections rules.
Opening of covering envelopes
31.—(1) When a postal voters' ballot box is opened, the returning officer must count and record the number of covering envelopes, and must then open each covering envelope separately.
(2) The procedure in paragraph 32 applies where a covering envelope contains both—
(a)a declaration of identity; and
(b)a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper.
(3) Where the covering envelope does not contain the declaration of identity separately, the returning officer must open the ballot paper envelope to ascertain whether the declaration of identity is inside.
(4) Where a covering envelope does not contain both—
(a)a declaration of identity (whether separately or not), and
(b)a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper,
the returning officer must mark the covering envelope “rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.
(5) Where an envelope opened in accordance with sub-paragraph (1) contains a declaration of identity, the returning officer must, having first unsealed the relevant packet, place a mark in the marked copy of the absent voters list or the proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned as provided for in rule 33 of the European Parliamentary elections rules.
(6) A mark made under sub-paragraph (5) must be distinguishable from and must not obscure the mark made under paragraph 21(2).
(7) As soon as practicable after the last covering envelope has been opened, the returning officer must make up into a packet the copy of the absent voters list and the copy of the proxy postal voters list that have been marked in accordance with sub-paragraph (5) and must seal such a packet.
Procedure in relation to declarations of identity on receipt of covering envelope
32.—(1) A declaration of identity is a valid declaration of identity for the purposes of this Part if—
(a)it is duly signed by the voter and authenticated by a witness who has signed the declaration and given his name and address, and
(b)in the case of an elector, the requirements of rule 50(2)(b) and (3) of the European Parliamentary elections rules are satisfied.
(2) The returning officer must satisfy himself that the declaration of identity is a valid declaration of identify.
(3) Where the returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper and, subject to sub-paragraph (4), place it in the receptacle for rejected votes.
(4) Before placing the declaration in the receptacle for rejected votes, the returning officer must show it to the agents and, if any of them object to his decision, he must add the words “rejection objected to”.
(5) The returning officer must then examine the number on the valid declaration of identity against the number on, or displayed through a window in, the ballot paper envelope and, where they are the same, he must place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.
(6) Where—
(a)the number on a valid declaration of identity is not the same as the number on, or displayed through a window in, the ballot paper envelope, or
(b)that envelope has no number on it and the number is not displayed through a window in it,
the returning officer must open the envelope.
(7) Sub-paragraph (8) applies where—
(a)there is a valid declaration of identity but no ballot paper envelope, or
(b)the ballot paper envelope has been opened under paragraph 31(3) or sub-paragraph (6) above.
(8) In the circumstances described in sub-paragraph (7), the returning officer must place—
(a)in the postal ballot box, any ballot paper the number on which is the same as the number on the valid declaration of identity;
(b)in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “rejected”;
(c)in the receptacle for rejected votes, any valid declaration of identity marked “rejected” where there is no ballot paper; and
(d)in the receptacle for declarations of identity, any valid declaration not disposed of under paragraph (b) or (c).
Opening of ballot paper envelopes
33.—(1) The returning officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.
(2) He must place—
(a)in the postal ballot box, any ballot paper the number on which is the same as the number on the ballot paper envelope (or, if the envelope has no number, the ballot paper number can be seen through a window in the envelope);
(b)in the receptacle for rejected votes, any other ballot paper which must be marked “rejected” and to which must be attached the ballot paper envelope; and
(c)in the receptacle for rejected votes any ballot paper envelope which must be marked “rejected” because it does not contain a ballot paper.
Sealing of receptacles
34. As soon as practicable after the completion of the procedure under paragraph 33, the returning officer must make up into separate packets the contents of—
(a)the receptacle of rejected votes, and
(b)the receptacle of declarations of identity,
and must seal up such packets.
Abandoned poll
35. Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—
(a)must not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part; and
(b)must, notwithstanding paragraphs 31 to 33, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.
Retention of documents
36.—(1) The returning officer must, as the Chief Electoral Officer for Northern Ireland, retain at the same time as he retains the documents mentioned in rule 67 of the European Parliamentary elections rules—
(a)any packets referred to in paragraphs 24, 26(5) and 34, subject to paragraph 35, endorsing on each packet a description of its contents and the date of the election to which it relates, and
(b)a completed statement in Form M in the Appendix of Forms of the number of postal ballot papers issued.
(2) Where—
(a)any covering envelopes are received by the returning officer after the close of the poll,
(b)any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or
(c)any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,
the returning officer must put them unopened in a separate packet, seal up such packet and endorse and retain it at a subsequent date in the manner described in sub-paragraph (1).
(3) Rules 68 and 69 of the European Parliamentary elections rules shall apply to any packet or document retained under this paragraph.
(4) A copy of the statement referred to in sub-paragraph (1)(b) must be provided by the returning officer to the Electoral Commission.
PART 3APPENDIX OF FORMS
Note:- the forms contained in this appendix may be adapted so far as circumstances require.
| Form K | Proxy paper |
| Form L | Declaration of identity |
| Form M | Completed statement of number of postal ballot papers issued” |
Rule 9(3)
FORM KPROXY PAPER
Paragraph 16
FORM LDECLARATION OF IDENTITY
Paragraph 36
FORM MSTATEMENT AS TO POSTAL BALLOT PAPERS
S.I. 1992/3204 (N.I. 20); the definitions of “residential care home” and “nursing home” have been amended by Schedule 9 to S.I. 1995/755 (N.I.12).
2000 c. 41; sections 6A, 6B, 6C, 6D and 6E were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).