The Police and Crime Commissioner Elections Order 2012

Tendered ballot papers: circumstances where available U.K.

42.—(1) In the following cases a person is entitled to mark a ballot paper (a “tendered ballot paper”) in the same manner as any other voter if, in cases 1 to 6, the person satisfactorily answers the questions permitted by law to be asked at the poll. Rule 43 makes further provision about tendered ballot papers.

(2) Case 1 is that—

(a) a person applies for a ballot paper,

(b) the person claims—

(i) to be a particular elector named on the register, and

(ii) not to be named in the postal voters list or the list of proxies, and

(c) another person has already voted in person either as that elector or as proxy for that elector.

(3) Case 2 is that—

(a) a person applies for a ballot paper,

(b) the person claims to be—

(i) a particular person named in the list of proxies as proxy for an elector, and

(ii) not entitled to vote by post as proxy, and

(c) another person has already voted in person either as that elector or as proxy for that elector.

(4) Case 3 is that—

(a) a person applies for a ballot paper,

(b) the person claims to be a particular elector named on the register,

(c) the person is also named in the postal voters list, and

(d) the person claims not to have made an application to vote by post.

(5) Case 4 is that—

(a) a person applies for a ballot paper,

(b) the person claims to be a particular person named as a proxy in the list of proxies,

(c) the person is also named in the proxy postal voters list, and

(d) the person claims not to have made an application to vote by post as proxy.

(6) Case 5 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—

(a) a person claims to be a particular elector named on the register and also named in the postal voters list, and

(b) the person claims to have lost or not received the postal ballot paper.

(7) Case 6 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—

(a) a person claims to be a particular person named as a proxy in the list of proxies and also named in the proxy postal voters list, and

(b) the person claims to have lost or not received the postal ballot paper.

(8) In the case of an elector who has an anonymous entry, the references in this rule to a person named on a register or list are to be read as references to a person whose number appears on the register or list (as the case may be).

(9) 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 references in this rule to a person named on the register are to be read as references to a person in respect of whom such a notice has been issued.

[F1 (10) Paragraphs (2A) to (2M) of rule 39 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 39(1), but as if, in rule 39(2G) the reference to making a further application under paragraph (1) of rule 39 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.]

Textual Amendments

F1 Sch. 3 rule 42(10) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 60(9) (with reg. 1(6)(7))