Representation of the People Act 1983

32 Voting at local government elections

(1) All persons voting as electors at a local government election shall do so in person at the polling station allotted to them by the rules under section 36 or section 42 below 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 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 an ordinary election, the fact that that person is acting as returning officer at an ordinary election of councillors for some other electoral area ;

(v) at an ordinary election, the particular circumstances of that person's employment on the date of the poll by the returning officer at an ordinary election of councillors for some other electoral area for a purpose connected with the election in that area;

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

(f) 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

(g) 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 at any local government election vote by proxy.

(3) Where—

(a) a person is registered at the same qualifying address both as a parliamentary and as a local government elector, and is not so registered as a service voter, and

(b) there is in force an appointment of a proxy to vote for him at parliamentary elections in respect of that registration, being an appointment based on the general nature of his occupation, service or employment,

then, in respect of that registration, at local government elections at which postal voting is allowed he shall be treated as an absent voter and may vote by proxy.

(4) Unless treated as an absent voter under subsection (3) above, any of the persons mentioned in paragraphs (b) to (e) of subsection (1) above who is not registered as a service voter may vote by post at any local government election at which postal voting is allowed, 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.

(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), 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, if he is entitled to vote in person, but unable or likely to be unable to go in person to the polling station allotted to him by reason of the particular circumstances of his employment on the date of the poll either as a constable or, for a purpose connected with the election by the returning officer, may vote at any polling station of the electoral area.

(8) Postal voting shall be allowed at all local government elections, except, in England and Wales, elections of parish or community councillors.

(9) Nothing in this section shall be taken as conferring a right to vote on a person not having the right apart from this section.