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Representation of the People Act 1983

Status:

This is the original version (as it was originally enacted).

19Voting at parliamentary elections

(1)A person voting as an elector at a parliamentary election shall do so in person at the polling station allotted to him under the parliamentary elections rules except in so far as this section makes exceptions for—

(a)those registered as service voters ;

(b)those unable or likely to be unable to go in person to the polling station for one of the following reasons—

(i)the general nature of the occupation, service or employment of the person in question ;

(ii)that person's service as a member of any of Her Majesty's reserve or auxiliary forces;

(iii)the particular circumstances of that person's employment on the date of the poll either as a constable or, for a purpose connected with the election, by the returning officer;

(iv)at a general election, the candidature in some other constituency of that person or that person's wife or husband;

(v)at a general election, the fact that that person is acting as returning officer for some other constituency ;

(vi)at a general election, the particular circumstances of that person's employment on the date of the poll by the returning officer for some other constituency for a purpose connected with the election in that constituency;

(c)those unable or likely to be unable, by reason either of blindness or any other physical incapacity or of religious observance, to go in person to the polling station or, if able to go, to vote unaided ;

(d)those unable or likely to be unable to go in person from their qualifying address to the polling station without making a journey by air or sea;

(e)those no longer residing at their qualifying address ;

(f)those registered by virtue of a patient's declaration under section 7 above ;

(g)those who have a service qualification depending on marriage to, and residence outside the United Kingdom to be with, a person having a service qualification; and

(h)those unable or likely to be unable to go in person to the polling station by reason of the general nature of the occupation, service or employment of, and their resulting absence from their qualifying address to be with, their husband or wife.

(2)A person registered as a service voter may vote by proxy unless he is entitled in pursuance of an application made under subsection (4) below to vote by post.

(3)A person not registered as a service voter if unable or likely to be unable to go in person to the polling station by reason either—

(a)of the general nature of his occupation, service or employment, or

(b)of his service as a member of any of Her Majesty's reserve or auxiliary forces,

may vote by proxy if he applies to be treated as an absent voter and is likely to be at sea or out of the United Kingdom on the date of the poll.

(4)A person mentioned in paragraphs (a) to (f) of subsection (1) above may vote by post if he applies to be treated as an absent voter and provides an address in the United Kingdom to which a ballot paper is to be sent for the purpose, but—

(a)a person shall not be entitled to vote by post if he is not registered as a service voter and there is in force an appointment of a proxy to vote for him; and

(b)a person shall not be entitled to vote by post on the ground that he no longer resides at his qualifying address if at the time of his application he resides at an address in the same area; and

(c)a person registered as a service voter shall not be entitled to vote by post on any ground other than his being so registered.

For the purposes of this subsection an address shall not be treated as in the same area as a qualifying address unless it would be so treated under section 22(3) below for the purposes of that section.

(5)A person who is not registered as a service voter but who either—

(a)has made a service declaration in respect of a qualification depending on marriage as described in subsection (1) above, or

(b)is as a married person unable or likely to be unable to go to the poll by reason of absence in the circumstances there described,

has the like right to vote by proxy and, in the case dealt with by paragraph (b) above, the like right to vote by post as a person unable or likely to be unable to go to the poll by reason of the general nature of his occupation, service or employment.

(6)A person, whether registered as a service voter or not—

(a)may vote in person as an elector notwithstanding any appointment of a proxy to vote for him, if he applies for a ballot paper for the purpose before a ballot paper has been issued for him to vote by proxy; but (b) shall not be entitled to vote in person as an elector—

(i)where he may vote by proxy by virtue of an appointment for the time being in force and he does not so apply ; or

(ii)where he has applied to be treated as an absent voter and is entitled in pursuance of the application to vote by post.

(7)A person not registered as a service voter may vote at any polling station in the constituency if he is entitled to vote in person but unable or likely to be unable to go to the polling station allotted to him by reason of the particular circumstances of his employment on the date of the poll either—

(a)as a constable ; or

(b)by the returning officer, for a purpose connected with the election.

(8)Nothing in this section confers a right to vote on a person not having the right apart from this section.

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