Local elections
Amendments to the Electoral Law Act (Northern Ireland) 19626.
(1)
(2)
“(1A)
The reference in subsection (1) to a person who voted as an elector or had a right so to vote at the election does not include a person who, on the day of the election, had an anonymous entry in the register of electors.”
(3)
(a)
““anonymous entry” has the same meaning as in the Representation of the People Act 1983 (see section 202(1) of that Act);”;
(b)
““record of anonymous entries” means a record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to the Representation of the People Act 1983;”.
(4)
(a)
“(2)
If the statement states that the candidate’s election agent has seen evidence of such description as is prescribed by the Secretary of State in regulations made by virtue of paragraph 2 of Schedule 6 to the Political Parties, Elections and Referendums Act 200028 that an individual donor has an anonymous entry in an electoral register, the statement must be accompanied by a copy of the evidence.”;
(b)
in paragraph 11 (donations from permissible donors), at the end of sub-paragraph (c) insert “(reading references in sub-paragraphs (3B) and (3C) to the registered party as references to the candidate’s election agent)”.
(5)
(6)
“(8)
But in this rule “elector” does not include a person who has an anonymous entry in the register.”.
(7)
(8)
(a)
in paragraph (1), omit the words from “, but a card need not” to the end; and
(b)
“(5)
In the case of an elector with an anonymous entry, the official poll card must not include the elector’s name or qualifying address or the situation of the elector’s polling station.
(6)
In this rule, reference to an official poll card includes an official postal poll card.”.
(9)
(10)
“(10)
This rule does not apply in relation to an elector who has an anonymous entry in the register.”.
(11)
“Tendered postal ballot papers: anonymous entries37A.
(1)
This rule applies to a person (“P”) who—
(a)
is an elector with an anonymous entry in the register; or
(b)
is entitled to vote by post as proxy for such an elector,
and who claims to have lost, or not received, a postal ballot paper.
(2)
P may apply to the Chief Electoral Officer for a replacement postal ballot paper (in these rules referred to as a “tendered postal ballot paper”).
(3)
The application—
(a)
may be made by post or in person,
(b)
must be accompanied by a specified document within the meaning of rule 34, and
(c)
must be delivered to the Chief Electoral Officer—
(i)
where the application is made by post, before 4 p.m. on the fourth day before the day of the poll, and
(ii)
where the application is made in person, before 4 p.m. on the day before the day of the poll.
(4)
If the Chief Electoral Officer—
(a)
is satisfied as to P’s identity, and
(b)
has no reason to doubt that P has lost, or not received, a postal ballot paper,
the Chief Electoral Officer must issue a tendered postal ballot paper to P in the manner set out in Schedule 2 to the Local Elections (Northern Ireland) Order 1985.
(5)
A tendered postal ballot paper must be of a different colour from the other ballot papers.
(6)
P, if issued with a tendered postal ballot paper, may mark it, sign it, and send it to the Chief Electoral Officer, in the same manner as a postal ballot paper.
(7)
A tendered postal ballot paper which has not been signed, or which does not meet the conditions in rule 45(2) and (2A)36, is void.(8)
On receipt of a tendered postal ballot paper, the Chief Electoral Officer must deal with it in the manner set out in Schedule 2 to the Local Elections (Northern Ireland) Order 1985.
(9)
The Chief Electoral Officer must—
(a)
endorse each tendered postal ballot paper with the entry in the register of the elector in question, and
(b)
set it aside in a separate packet of tendered postal ballot papers.
(10)
The Chief Electoral Officer must add the entry in the register of the elector in question to a list (in these rules referred to as the “tendered postal votes list”).
(11)
The Chief Electoral Officer must seal the packet of tendered postal ballot papers.
(12)
This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act (alteration of registers in Northern Ireland: pending elections)37 as if—(a)
in paragraph (1) for “in the register” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”; and
(b)
in paragraphs (9)(a) and (10), for “entry in the register of the elector in question” there were substituted “entry relating to the elector in question on a notice issued under section 13BA(9)”.”.
(12)
In rule 45 (preliminary proceedings and conduct of the count)—
(i)
at the end of paragraph (3) insert “or any tendered postal ballot paper”; and
(ii)
in paragraph (5), after “the tendered votes list” (in both places) insert “and tendered postal votes list”.
(13)
(14)
(15)
(16)
In form 5 (Declaration of Identity)—
(a)
before “Name of witness” insert “*”;
(b)
“*(Returning officer to omit where ballot papers sent to an anonymous elector.)”; and
(c)
in the section entitled “Instructions to the voter”, at the end of paragraph 1 insert “If you are an elector with an anonymous entry in the register, or you are the proxy for such a person, the name and address of the witness should not be included. However, you do need to sign this declaration in the presence of a witness and the witness must sign the form.”.
(17)
After form 6 (Form of Elector’s Official Poll Card), insert Form 6A in the Schedule.
(18)
After form 7 (Form of Proxy’s Official Poll Card), insert Form 7A in the Schedule.