The Police and Crime Commissioner Elections Order 2012

Votes marked by the presiding officerU.K.

40.—(1) This rule applies where a voter applies to the presiding officer to mark the voter's ballot paper and the voter—

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

(b)declares orally that he or she is unable to read.

(2) [F1Subject to paragraph (2A), the] presiding officer must, in the presence of the polling agents—

(a)cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and

(b)cause the ballot paper to be placed in the ballot box.

[F2(2A) Paragraphs (2A) to (2M) 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(2G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.]

(3) The name of every voter whose vote is marked in pursuance of this rule must be entered on a list (in these rules called “the list of votes marked by the presiding officer”), together with—

(a)the voter's number on the register of electors, and

(b)the reason for the vote being marked in pursuance of this rule.

(4) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name is the elector's number.

(5) 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, the reference in paragraph (3)(a) to the voter's number on the register of electors is to be read as a reference to the number relating to the voter on the notice.

Textual Amendments