Office of Public Sector Information

PART 6 Cancellation of Postal Ballot Papers

Cancellation of postal ballot papers

33.  After regulation 86 insert–

“Retrieval of cancelled postal ballot papers

86A.—(1) Where it appears to the returning officer that a cancelled postal ballot paper has been placed–

(a) in a postal voters' ballot box;

(b) in the receptacle for ballot paper envelopes; or

(c) a postal ballot box,

he shall proceed as follows.

(2) He shall, on at least one occasion on which a postal voters' ballot box is opened in accordance with regulation 83, also open any postal ballot box and the receptacle for ballot paper envelopes and–

(a) retrieve the cancelled ballot paper;

(b) show the ballot paper number on the cancelled ballot paper to the agents;

(c) retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements;

(d) attach any cancelled postal ballot paper to the postal voting statement to which it relates;

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by regulation 77(6); and

(f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 45 of the elections rules, re lock (if it has a lock) and re seal the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled ballot paper in accordance with paragraph (2), the returning officer and his staff–

(a) shall keep the ballot papers face downwards and shall take proper precautions for preventing any person seeing the votes made on the ballot papers, and

(b) shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.”.

PART 7 Official Poll Cards

Prescribed forms of official poll cards and postal poll cards

34.  For regulation 9 insert–

“Official poll cards and postal poll cards at parliamentary elections

9.—(1) For the purposes of rule 28(3) of the rules in Schedule 1 to the 1983 Act(63), the following forms are hereby prescribed.

(2) The official poll card issued to an elector shall be in Form A.

(3) The official postal poll card issued to an elector shall be in Form A1.

(4) The official poll card issued to the proxy of an elector shall be in Form B.

(5) The official postal poll card issued to the proxy of an elector shall be in Form B1.”.

Insertion of new official poll cards and postal poll cards into Schedule 3

35.—(1) Schedule 3 shall be amended as follows.

(2) In the Arrangement of Forms, for the entries for Form A (Elector’s official poll card) and Form B (Proxy’s official poll card) substitute–

(3) For Form A substitute Form A (Official poll card) set out in Schedule 2 to these Regulations.

(4) After Form A insert Form A1 (Official postal poll card) set out in Schedule 2 to these Regulations.

(5) For Form B substitute Form B (Official proxy poll card) set out in Schedule 2 to these Regulations.

(6) After Form B insert Form B1 (Official proxy postal poll card) set out in Schedule 2 to these Regulations.

PART 8 Postal Voters List

Interpretation of Part V of the 2001 Regulations

36.—(1) Regulation 64 shall be amended as follows.

(2) Omit the definition of “absent voters list”.

(3) Omit the definition of “list of postal proxies”.

Postal voters list and proxy postal voters list

37.—(1) In regulations 72 and 73 for “absent voters list” in each place where it occurs substitute “postal voters list”.

(2) In regulations 72 and 73 for “list of postal proxies” in each place where it occurs substitute “proxy postal voters list”.

(3) In regulation 72(7)(b)(64)for the words “special list” to the end substitute “proxy postal voters list.”.

Amendments to procedure for security of special lists

38.—(1) Regulation 75 is amended as follows.

(2) Omit paragraph (2).

(3) For paragraph (3) substitute–

“(3) Until the time referred to in regulation 84(8)(65), the returning officer shall take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.”.

Amendment to procedure for the opening of covering envelopes

39.  In regulation 84, after paragraph (4) insert–

“(5) In carrying out the procedures in this regulation and regulations 85 to 88, the returning officer–

(a) shall keep the ballot papers face downwards and shall take proper precautions for preventing any person from seeing the votes made on the ballot papers; and

(b) shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(6) Where an envelope contains a postal voting statement, the returning officer shall place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(7) A mark made under paragraph (6) shall be distinguishable from and shall not obscure the mark made under regulation 72(3).

(8) As soon as practicable after the last covering envelope has been opened, the returning officer shall make up into a packet the copy of the postal voters list and proxy postal voters list that have been marked in accordance with paragraph (6) and shall seal such a packet.”.

Confirmation of receipt of postal vote and postal voting statement

40.  After regulation 84 insert–

“Confirming receipt of postal vote and postal voting statements

84A.—(1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may request, at any time before the close of the poll, that the returning officer confirm–

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned; and

(b) whether the number of the ballot paper issued to the elector or his proxy has been recorded on either of the lists of rejected votes kept by the returning officer under paragraphs (2) and (3) of regulation 87.

(2) The returning officer shall satisfy himself that any such request has been made by the elector or their proxy, and if so satisfied shall provide confirmation of the matters specified paragraph (1).”.

Amendment to requirements for forwarding of documents

41.  In regulation 91(1)(a) after “78(2C)” insert “, 84(8)”(66).